HomeMy WebLinkAboutStaff Report 3512
City of Palo Alto (ID # 3512)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 2/11/2013
City of Palo Alto Page 1
Summary Title: Edgewood Plaza Update
Title: Update and Direction to Staff Regarding Edgewood Plaza Project and
Development Process
From: City Manager
Lead Department: Planning and Community Environment
Recommendation and Draft Motion:
Draft Motion: I move that Council direct staff to:
1. Proceed with preparation of a Supplemental Environmental Impact Report (SEIR) to
address Building #1 historic resources issues (at the applicant’s expense);
2. Return to Council with the SEIR and an amendment to the PC zoning (including
modification to the proposed “public benefits”) following review by the Historic
Resources Board and Planning and Transportation Commission.
3. Prohibit any construction of Building #1 and any development of housing (including site
preparation for the housing) until the SEIR is completed and an amendment to the
approved Planned Community (PC) zone is considered by the Council;
4. Allow continued development of the grocery store (Building #3) as the remainder of the
project moves forward;
5. Allow the rehabilitation of Building #2 to commence subject to a City designated historic
peer review and on-site monitor;
6. Allow offsite improvements to proceed, including off-site traffic improvements; and
7. Allow the installation of the historic sign and other incidental related work.
Executive Summary
The Edgewood Plaza Planned Community (PC) Zoning was approved on March 19, 2012 to allow
the redevelopment of an existing vacant and historic shopping center, including the relocation
of one of the three retail buildings, the addition of ten homes and a new 0.20 acre park. The PC
Zoning required that the two historically significant retail buildings be preserved as a primary
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public benefit: Building #2 was to be rehabilitated in place, while Building #1 was proposed to
be disassembled, relocated on site and rehabilitated. Work also began on the grocery store
building, another key public benefit of the zoning.
Subsequent to the issuance of a permit to disassemble Building #1 and contrary to the
requirements of the PC Zoning and what was shown in the building permit plans, however, the
applicant demolished the building without notifying or receiving approval from the City. The
Planning Director issued a stop work order on September 9, 2012, following complaints of the
unauthorized demolition. Following the issuance of the stop work order, the applicant, Sand Hill
Property Company, initiated discussions with the City regarding next steps. The applicant was
allowed to continue construction on the grocery store in Building #3, the one non-historic
building, and any work related to the operation of the grocery store. Since the project no
longer preserves one of the two historic buildings, however, a Supplemental Environmental
Impact Report (SEIR) must be prepared before Building #1 can be rebuilt, and amendment to
the PC zoning may be required to define adequate “public benefits,” a process that is likely to
take 6 months. Staff recommends that, in the interim, on-site work be limited to construction
of the grocery store (Building #3), rehabilitation of Building #2 (with additional limitations and
historic resource inspections), and installation of the historic monument sign. Staff
recommends that no work on Building #1 and the housing component of the project move
forward until completion of the SEIR and consideration of an amendment to the Planned
Community zoning, including potential additional public benefits.
Background
Edgewood Plaza is a commercial shopping center built between 1956 and 1958 by Joseph
Eichler/Eichler Homes and A. Quincy Jones of Jones and Emmons. The property is bounded to
the south by Channing Avenue, by West Bayshore Road to the east, Saint Francis Drive to the
west and an office building and gas station to the south. Embarcadero Road is located south of
the site. The center was originally built with the existing grocery building (1957), two retail
buildings (1958), an office building that formerly housed the office of Eichler Homes (1959), and
a gas station (1957). The office building (Maharishi School of Vedic Science of California/1101
Embarcadero Road) and gas station (A.U. Energy LLC/1161 Embarcadero Road) sites are owned
by different property owners and are not part of this project. The 3.58-acre commercial site is
located at adjacent to the Duveneck/Saint Francis neighborhood, which is part of the Green
Gables subdivision.
Planned Community Zoning and Environmental Review
The Edgewood Plaza Planned Community Zoning (Attachment A) was approved on March 19,
2012 to allow the redevelopment of an existing vacant and historic shopping center, including
the relocation of one of the three retail buildings, the addition of ten homes and a new 0.20
acre park. The site plan is provided as Attachment D for reference. Two of the existing
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commercial buildings, Buildings #1 and #2 have been deemed historic resources. Building 3,
the former market building proposed to house the new Fresh Market, is not considered a
historic resource. Building #1 was approved to be disassembled, relocated on site and
rehabilitated. Building #2 was approved to be rehabilitated in place. The primary public
benefits for the Edgewood Plaza project consist of 1) the preservation of historic resources and
2) the construction and operation of the grocery store. An Environmental Impact Report (EIR)
was prepared and certified by the City Council to provide environmental clearance in
accordance with the California Environmental Quality Act (CEQA) for the rezoning. The EIR was
certified based on the assumption that historic impacts for the relocation of Building #1 would
be mitigated to a less than significant impact because the building would be rehabilitated in
accordance with the Secretary of the Interior’s Rehabilitation Standards. Specifically, the
character defining features of the building, such as the wood window frames, glu-lam beams,
concrete block wall, cornice and wood paneling, would be retained. The CEQA findings adopted
by the Council are provided in Attachment B.
Building #1 Demolition and Stop Work
Subsequent to the City Council approval, the applicant submitted building permits to repair
Building #3 (grocery store), disassemble and rehabilitate Building #1 and to rehabilitate Building
#2, in compliance with the PC Zoning. The applicant submitted building permit plan sets that
were prepared under review by the applicant’s historic consultant, Page and Turnbull, following
the requirements of the project’s EIR. The building permit plan sets included specific notes for
a review process to ensure that the disassembly of Building #1 would be completed in
conformance with the Secretary of the Interior’s Rehabilitation Standards. Shortly after the
building permits were issued, however, Building #1 was completely demolished. Once staff was
notified, a Stop Work Order was issued immediately to stop all virtually all work at the
Edgewood Plaza.
Shortly after the issuance of the Stop Work Order, the applicant met with City staff to discuss
the situation. Staff also requested a written explanation of the unauthorized demolition. A
copy of the applicant’s explanation has been provided to the Council in Section II of Attachment
C. The explanation, written by the applicant’s historic consultant, stated that the building
materials were in a condition that was not salvageable. However, the applicant failed to follow
the approved review process and disposed of the building material without notifying the City or
obtaining City approval. Staff observed that although significant site improvement work had
commenced, Building #2 remained largely untouched. Improvements to Building #3 (grocery
store) were in process.
Other Work on Site
Although all work had stopped, the applicant requested the ability to proceed with other
components of the project. The key component was the ability to proceed with the
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construction of the grocery building, which was one of the primary public benefits of the PC
adopted by Council. The Planning Director allowed the grocery store and any related work
needed to make the site operational for Fresh Market to move forward since a) the new market
was a public benefit, b) the building was not a historic resource, and c) there were no violations
identified for this part of the project. The applicant submitted a phasing plan that showed that
this work could be completed without affecting the site of Building #1, Building #2 or the
location where the ten homes would be located. The grocery store work complies with the PC
zoning requirements. The related work included parking lot improvements and utilities and was
allowed to proceed. Staff also permitted a few other incidental activities that were allowed.
Staff allowed the foundation to be poured at the new location of Building #1 to protect work
that already had been done prior to the issuance of the Stop Work Order. The applicant was
made to understand that any work on Building #1 would be subject to future review and
requirements, and that the foundation pour was allowed at the applicant’s risk that a final
resolution may require a modified location for Building #1 (though staff doesn’t believe that’s
likely). Staff also allowed temporary roof protection to be installed on Building #2 to protect
the interior.
PC Amendment
The applicant has filed an amendment to the original PC application to permit the
reconstruction of Building #1 in accordance with a modified Secretary of Interior Standards for
Reconstruction. The modified standards would closely comport to the building plans previously
approved by the City. It is also expected that the project would contain additional historic
enhancements that would further unify the three Eichler commercial buildings.
Discussion
Staff has brought the Edgewood Plaza project forward to assure that Council is supportive of
the direction of the process of rectifying the project violations of Building #1 and the associated
environmental review (EIR). Staff anticipates that the components of the subsequent action
will include: 1) an amendment to the Planned Community Zoning, 2) preparation of a
Supplemental Environmental Impact Report (SEIR), and 3) determination as to which elements
(if any) of the project may proceed in the interim, pending final Council actions.
Planned Community Zoning Amendment
The original Planned Community Zoning approval included the relocation and rehabilitation of
Building #1, with the retention of the character defining features of the Eichler building. The
rehabilitation of the building was considered a “public benefit” of the project justifying the
rezoning. Since Building #1 has been demolished and will need to be completely reconstructed,
the Planned Community Zoning must be amended before work may commence on Building #1.
The applicant has submitted a letter request to amend the zoning. The applicant proposes to
rebuild Building #1 as approved, but with all new material rather than retaining some portion of
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the prior building materials. The revised application will be required to be reviewed by the
Historic Resources Board (HRB) and the Planning and Transportation Commission (PTC).
Subsequent to the HRB and PTC recommendations, the application would be brought back to
the City Council for final approval. Architectural Review Board review will be required if
significant changes to the elevations are proposed. However, the applicant has indicated that
such changes are unlikely. Staff has informed the applicant that the rebuilding of Building #1 is
likely to require certain enhancements in response to the loss of the historic building. The
enhancements may include the requirement for the exact reproduction of the wood windows
found in Building #2 or better replications of other components that had previously been
altered over the years. The PC amendment will address the “public benefits” issue to define
whether comparable historic benefits may be provided or whether additional benefits may be
required to compensate for those lost by the demolition of Building #1.
Supplemental Environmental Impact Report (SEIR)
As required by the California Environmental Quality Act (CEQA), the Environmental Impact
Report (EIR) for Edgewood Plaza was prepared to serve as a disclosure document to provide
information to the public and decision making bodies as they consider pending applications.
Specifically CEQA requires agencies to not only disclose the significant environmental effects of
proposed projects, but the feasible alternatives or mitigation measures that could help avoid or
reduce the environmental impacts. The site has been determined to be a historic resource in
accordance with CEQA.
The project’s EIR was certified based on the assumption that historic impacts for the relocation
of Building #1 would be mitigated to a less than significant impact because the building would
be rehabilitated in accordance with the Secretary of the Interior’s Rehabilitation Standards.
Because Building 1 has been demolished, the Rehabilitation Standards are no longer applicable.
Given that the project condition for Building #1 has changed, a Supplemental Environmental
Impact Report (SEIR) is required to analyze the historic impacts and any mitigation measures for
the loss of Building #1. Staff has engaged the original environmental consultant, David J.
Powers and Associates, to prepare the SEIR, at the applicant’s expense. The SEIR will focus on
the potential historic impact as the condition for Building #1 is the only change. The applicant is
proposing to reconstruct Building #1 with all new material, but to replicate the prior design. A
Notice of Preparation for the SEIR has been published and mailed to responsible agencies
requesting comments by March 4, 2013. A draft SEIR will be prepared to outline potential
mitigation measures or alternatives and/or findings that would be required to allow for the loss
of a significant historic resource. The draft SEIR will be available to the public and will be
reviewed by the Planning and Transportation Commission prior to consideration of the
amendment to the PC zoning and any modification of “public benefits” for the project. The
Council will then consider the Final SEIR and the PC amendment following recommendations
from the HRB and PTC. Staff expects that the EIR and PC amendment process will take
approximately 4-6 months.
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Next Steps and Staff Recommendation
The applicant understands that work on Building #1 cannot commence without Council
approval of a PC Zoning amendment or a certified SEIR. However, the applicant has requested
permission to proceed with the rest of the project. Staff recommends allowing the applicant to
proceed with the commercial aspects of the development that comply with the prior PC
ordinance as well as the contemplated PC ordinance. However, staff does not recommend
allowing the housing to proceed as the status of the existing PC ordinance is in flux given the
removal of a key community “public benefit.”
Work on Commercial Buildings #2 and #3
The applicant has requested to continue work on the grocery store (Building #3) and to begin
work on Building #2, the one remaining historic building, because he believes it will be possible
to rehabilitate the building in place as previously approved. Staff’s primary concern with these
requests is to ensure that unauthorized work will not be an issue and that staff will be fully
aware of any potential issue or change. To address the concern, staff has requested that the
applicant’s historic consultant, Page and Turnbull, provide an explanation of the previous
events that led to the unauthorized demolition and how the applicant intends to comply with
the requirements for the rehabilitation of Building #2. Page and Turnbull has prepared and
provided a narrative (Attachment C) explaining the process that led to the demolition of
Building #1 and a protocol for Building #2 to ensure compliance with the Secretary of the
Interior’s Rehabilitation Standards.
The protocol, which has been reviewed by the City’s Historic Preservation Planner, establishes a
procedure for the documentation, notification, salvage, protection and approval needed for the
successful rehabilitation of the historic building. Staff believes the protocol establishes a clear
process to ensure compliance to supplement the process identified in the original building
permit plans submitted for Building #1. However, the protocol will likely need to be refined as
more information is discovered through the construction process. To further aid in the
assessment of Building #2, the City authorized limited reconnaissance (with City staff on hand)
to assess the building’s condition. Very small spot openings were created in the non-historically
significant interior walls to allow viewing of the exterior walls. Although it was discovered that
much of the building has been replaced over time, the historic integrity of the building is still
intact because the character-defining features that establish the historic fabric of the building
were maintained. To ensure compliance throughout the entire construction process, staff
recommends that the applicant also pay for a City-hired consultant to provide a historic peer
review of the plans and construction site observation to ensure that the project is implemented
as required.
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Staff also believes that the relocation and rehabilitation of the historic sign can be done in a
way that will not further damage the historic integrity of the site. An Architectural Review
permit would be required for the historic sign and would be reviewed by both the Historic
Resources Board and the Architectural Review Board. Additionally, staff would also like the
applicant to proceed with the following transportation related improvements required in the
PC zoning as they directly relate to pedestrian and vehicular safety: a) median island
modifications at Embarcadero Rd. and West Bayshore Road, b) signal modification at
Embarcadero Road and St. Francis Drive, and c) two-way left turn restriping on Embarcadero
Road from St. Francis Drive to Wildwood Lane. The goal would be to have these improvements
in place when the grocery store opens. A team of City staff for the Edgewood Plaza project has
been created and engaged to ensure regular communication and monitoring of the project. City
staff has also been communicating with neighborhood resident groups to keep the
neighborhood informed.
Residential Development
The applicant has also expressed interest in being allowed to process the Final Subdivision Map
and at least prepare the housing sites and possibly construct a few model homes of the ten
approved home sites, while the SEIR is prepared and the PC amendment is reviewed. Staff has
objected to that approach, as the loss of the community benefit puts the current PC in flux and
staff is not able to make the necessary findings to subdivide the residential lots at this time.
Alternatives
Council may, in lieu of staff’s recommendation, choose any of the following alternatives (or
others):
1. Stop all work other than the grocery store, until the SEIR and PC amendment are
presented to Council.
2. Stop all work, including the grocery store, until the SEIR and PC amendment are
presented to Council.
3. Allow the housing or a portion of the housing to proceed while the SEIR and PC
amendment are under development. (This would require a finding that a different
community benefit, other than the reconstruction of Building #1, is appropriate.)
Staff believes that options that would not require an SEIR and PC amendment are not legally
viable.
Penalties for Non-Compliance
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The project has violated the conditions of approval for the PC zoning and the historic resources
mitigation measures required. The City could impose financial penalties related to the violation.
The applicant, however, has cooperated with staff’s subsequent direction, admits culpability
(though not intent) and concurs with staff’s recommendations in this report. The applicant will
(and has to some extent already) incur substantial costs associated with a) delay in construction
of the various components of the project, b) costs for the additional environmental review and
staff work, and c) modifications to the project “public benefits,” to be determined subsequently
by Council. Of particular note, staff believes that deferral of the housing component of the
project is a substantial penalty for the developer and provides significant leverage for the City
to assure the project complies fully as it moves forward. Nevertheless, the City Council may
ultimately determine some additional penalty is required upon review of the amended PC
zoning.
Resource Impacts
The cost of additional review and preparation of the Supplemental Environmental Impact
Report will be borne by the applicant. The resource impacts of the Planned Community zoning
are not likely to change given the project modifications and the amended zoning. The grocery
store is proceeding with construction, so that its economic benefits should be realized in a
timely manner.
Environmental Review
Environmental review is addressed earlier in the report, as a Supplemental Environmental
Impact Report (SEIR) will be required and is under preparation.
Attachments:
Attachment A: PC Ordinance #5150 (Edgewood Plaza) (PDF)
Attachment B: CEQA Resolution for Edgewood Plaza (PDF)
Attachment C: February 4, 2013 Page and Turnbull Letter re: Historic Resources (PDF)
Attachment D: Site Plan (PDF)
Ordinance No. 5150
Ordinance of the Council of the City of Palo Alto Amending Section
18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to
Change the Classification of Property Located at 2080 Channing
Avenue (Edgewood Plaza) from Planned Community (PC-1643) to
PC Planned Community Zone (PC-5l50) for the Renovation of the
Three Existing Eichler Retail Structures, On-Site Relocation of One of
the Retail Structures, Construction ofTen New Single-Family Homes,
and Creation of a 0.20 Acre Park
The Council ofthe City of Palo Alto does ORDAIN as follows:
SECTION 1.
(a) Sand Hill Property Company, (''the Applicant") applied on June 1,2010 to
the City for approval of (1) a rezoning application (the "Project") for a new Planned
Community (PC) district for a property located at 2080 Channing Avenue (the "Subject
Property") to accommodate the uses set forth below and (2) a Tentative Map to subdivide
the 3.58 site into one commercial lot, including a 0.20 acre park, dedicated to the City
with public access easements and maintained by the commercial property owner, and ten
single family residential lots.
(b) The Tentative Map plan set, dated February 15, 2012, and last revised on
March 19, 2012 includes information on the existing parcels, onsite conditions, and the
layout of the proposed new lots. These drawings are in compliance with the applicable
provisions of the City's Subdivision Ordinance. These plans contain all information and
notations required to be shown on a Tentative Map (per PAMC Sections 21.12 and 21.13),
as well as the design requirements concerning the creation of lots, streets, walkways, and
similar features (PAMC 21.20).
(c) , The Planning and Transportation Commission, at its meeting of April 27,
2011, acted favorably on the applicant's request for initiation of the Planned Community
Zone process for the establishment of Planned Community Zone District No. PC-5150.
(d) The Architectural Review Board, at its meeting of February 2, 2012,
reviewed the Project design and recommended the City Council approve the project with
associated draft conditions of approval 'Exhibit B.'
(e) The Planning and Transportation Commission, after a duly noticed public
hearing held February 29,2012, reviewed, considered, and recommended certification of
the Final Environmental Impact Report, then reviewed the Planned Community and
Tentative Map and this ordinance, and recommended that Section 18.08.040 (the Zoning
Map) of the Palo Alto Municipal Code be amended to rezone the Subject Property to a
new Planned Community zone for the proposed project depicted on 'Exhibit A,' (the
"Project"), consistent with conditions included in the Planned Community zone related to
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allowable land uses and required development standards, and subject to provision of the
public benefits outlined in this ordinance and recommended approval of the Tentative
Map. Draft conditions of project approval "Exhibit B" attached to this document and
incorporated by reference were presented to the PTC for review and comments.
(f) The Palo Alto City Council, after due consideration of the proposed
Project, the analysis of the City staff, and the conditions recommended by the Planning
and Transportation Commission, certified the Final Environmental Impact Report and
Mitigation Monitoring Program, concurred with the recommendations from the PTC and
the ARB, and found that the proposed project and this Ordinance is in the public interest
and will promote the public health, safety and welfare, as hereinafter set forth.
(g) The Council finds that (1) the Subject Property is so situated, and the use
or uses proposed for the site are of such characteristics that the application of general
districts or combining districts will not provide sufficient flexibility to allow for the
Project; (2) development of the Subject Property under the provisions of the PC Planned
Community District will result in public benefits not otherwise attainable by application
of the regulations of general districts or combining districts, as set forth in Section (4 )( c)
hereof; and (3) the use or uses permitted, and the site development regulations applicable
within the proposed district are consistent with the Palo Alto Comprehensive Plan (Goals,
Policies, and proposed designation of Mixed Use for the Subject Property) and are
compatible with existing and potential uses on adjoining sites or within the general
vicinity.
SECTION 2.
Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning Map," is hereby
amended by changing the zoning of Subject Property from Planned Community (PC-
1643) to "PC Planned Community Zone 5150".
SECTION 3.
The City Council hereby finds with respect to the Subject Property that the project
(the "Project") comprises the following uses included in this ordinance and a mixed use
development, depicted on the Development Plans dated February 2, 2012, incorporated
by reference, including the following components:
(a) Renovation of an existing 37,965 sq. ft. shopping center, including
relocation and renovation of the 10,000 sq. ft. retail building, renovation of the 7,800 sq.
ft. retail building in place, and renovation of the 20,600 sq. ft. building in place for use as
a grocery store, deletion of the outer parking lots and expansion of the remaining parking
lot, and associated site improvements
(b) Construction of ten detached residential units on fee simple lots along
Channing Avenue, including five surface parking stalls and ten two-car garages.
( c) Construction of a 0.20 acre park at the comer of Channing Avenue and St.
Francis Drive. The park shall include public access easement so that it would be a public
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park to be maintained by the commercial property owner in perpetuity. There shall not
be any use of the park for the purposes of the retail tenants.
(d) A Tentative Map to subdivide the 3.58 acre site into eleven parcels. The
first parcel (2.73 acres) would contain the existing grocery building, the other two retail
buildings ("Buildings 1 and 2") and the new 0.20 acre park. The park would include a
public access easement allowing use as a public park, and would be maintained by the
owner of the commercial parcel. The remaining ten parcels (ranging from 3,376 to 4,026
sq. ft.) would be created for the ten residences. Private easements would be provided for
the driveways and walkways.
SECTION 4.
The Development Plan for the Subject Property dated February 29,2012, and any
approved supplemental materials for the Subject Property, as submitted by the applicant
pursuant to Palo Alto Municipal Code (PAMC §18.38.090), shall be subject to the
following permitted and conditional land uses and special limitations on land uses,
development standards, parking and loading requirements, modifications to the
development plans and provisions of public benefits outlined below, and conditions of
project approval, attached and incorporated as "Exhibit B".
(a)
as follows:
Permitted, Conditionally Permitted land uses shall be allowed and limited
Permitted Uses (subject to the limitations below under Section 4(b)):
(1) Ten residential units;
(2) Retail Services (excluding liquor stores);
(3) Eating and Drinking Services (excluding drive-in services);
(4) Personal Services;
(5) Neighborhood Business Services;
(6) Financial Services (excluding drive-up services);
(7) A 0.20 acre public park, via public access easements;
(8) Accessory facilities and activities customarily associated with or
essential to permitted uses, and operated incidental to the principal use.
Conditionally Permitted Uses:
(1) Small tutoring center or afterschool program center;
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(2) Limited commercial recreation;
(3) Farmer's Markets or similar.
(b) Special limitations on land uses include the following:
(1) The 20,600 sq. ft. building shall be primarily used for grocery uses
only;
(2) No medical office shall be permitted within the development;
(3) No administrative office use shall be permitted within the
development;
(4) The "Retail" space as identified on the Development Plan shall be
occupied by retail uses, personal service uses, eating and drinking
services or customer serving financial services only, except where a
conditional use permit is required in accordance with 4(a).
(c) Development Standards:
Development Standards for the site shall comply with the standards
prescribed for the Planned Community (PC) Zone District (p AMC
Chapter 18.38) and as described in Section Three and Section Four herein
and in the Approved Development Plans.
(d) Parking and Loading Requirements:
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In addition to the parking and loading requirements specified in P AMC
§§18.52 and 18.54, a Transportation Demand Management Plan ("TDM")
Program shall be developed for the Project in accordance with PAMC
§ 18.52.050( d) for employees of the Project. The TDM plan shall include
bicycle, pedestrian and public transportation functions. The TDM plan
shall be approved by the Director of Planning and Community
Environment prior to issuance of building permits for the site and shall
include, at a minimum, offer for parking cash out, bike facilities,
transportation information kiosks, and the designation of a transportation
demand coordinator for the building.
The TDM program will include monitoring reports, which shall be
submitted to the Director not later than two years after building occupancy
and again not later than five years after building occupancy, noting the
effectiveness of the proposed measures as compared to the initial
performance targets, and suggestions for modifications if necessary to
enhance parking and/or trip reductions. Where the monitoring reports
indicate that performance measures are not met, the director may require
further program modifications.
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(e) Modifications to the Development Plan and Site Development
Regulations:
Once the project has been constructed consistent with the approved
Development Plan, any modifications to the exterior design of the
Development Plan or any new construction not specifically permitted by
the Development Plan or the site development regulations contained in
Section 4 (a) -(c) above shall require an amendment to this Planned
Community zone, unless the modification is a minor change as described
in PAMC §18.76.050 (b) (3) (e), in which case the modification may be
approved through the minor Architectural Review process. Any use not
specifically permitted by this ordinance shall require an amendment to the
PC ordinance.
(f) Public Benefits:
Development of the site under the provlSlons of the PC Planned
Community District will result in public benefits not otherwise attainable
by application of the regulations of general districts or combining districts.
The Project includes the following public benefits that are inherent to the
Project and in excess of those required by City zoning districts.
(1) Preservation and renovation of an existing historically significant
shopping center developed by Eichler Homes, eligible for federal,
state and local historic registries;
(2) Provision of a grocery store in the 20,600 sq. ft. building;
(3) Provision of a 0.20 acre public park, via public access easements,
in perpetuity. (Land is dedicated for the ten units, plus an
additional 5,000 sq. ft., where an in-lieu fee could also be
proposed. The park would be maintained by the commercial
property owner.) The park shall not be used for seating/activities
associated with the retail uses.
(4) Provision of three (3) electrical vehicle (EY) charging stations
installed onsite, subject to final City approval. The applicant shall
incur all costs of the installation.
(g) Development Schedule:
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The project is required to include a Development Schedule pursuant to
PAMC §18.38.100. The approved Development Schedule is set forth
below:
Construction of the Project shall commence immediately following the
adoption of the PC zone, unless a change in the development schedule is
approved by the Director of Planning and Community Environment, not
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to exceed a one year extension in time and only one such extension
without a hearing, pursuant to PAMC §18.38.130. The total time for the
project construction and occupancy of tenant spaces is expected to be 24
months following adoption of the PC zone, or by March 2014, unless
extended by the Director for up to one additional year.
(h) No building permit shall be approved (other than for model homes with
no more than one model home per plan type) for residential development
prior to submittal to the Director of a lease agreement or other legally
binding commitment from a grocery operator to occupy 20,600 square
feet in the Grocery Building. The Lease Agreement shall require that
Occupancy of the grocery store shall occur not later than 15 months after
the issuance of the first building permit for the Grocery Building or 15
months after issuance of the first building permit for the residential
development (other than a model home). Final inspection and occupancy
shall be allowed for not more than 5 homes (including model homes)
prior to final inspection and occupancy approval for the grocery store.
Bonding or other financial security may be considered in lieu of these
requirements only upon review and approval by the City Council as an
amendment to this PC ordinance.
SECTION 5.
Tentative Map Findings. A legislative body of a city shall deny approval of a
Tentative Map, if it makes any of the following findings (California Government Code
Section 66474):
1. That the proposed map is not consistent with applicable general and
specific plans as specified in Section 65451:
This finding can not be made in the affirmative. The site does not lie
within a specific plan area and is consistent with the provisions of the Comprehensive
Plan. The land use designation in the area of the subdivision is Neighborhood
Commercial and the zoning designation is Planned Community (PC) District. The
proposed development of the commercial and residential mixed use development is
consistent with the land use and zoning designations of the site.
2. That the design or improvement of the proposed subdivision is not
consistent with applicable general and specific plans:
This finding can not be made in the affirmative. The map is consistent
with applicable Comprehensive Plan policies, particularly including: (1) Policy L-l -
Limiting future urban development to currently developed lands within the urban service
area; (2) Policy L-4 -Maintain Palo Alto's varied residential neighborhoods while
sustaining the vitality of its commercial areas and public facilities. Use the Zoning
Ordinance as a tool to enhance Palo Alto's desirable qualities; (3) Policy L-9 -Enhance
desirable characteristics in mixed use areas. Use the planning and zoning process to
120313 dm 0120529 6
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create opportunities for new mixed use development; and (4) Policy B-27 -Support the
upgrading and revitalization of Palo Alto's four Neighborhood Commercial Centers.
3. That the site is not physically suitable for the type of development:
This finding can not be made in the affirmative. The site can
accommodate the proposed subdivision, as it is currently vacant, flat, and absent any
significant vegetation. The lots conform to the width, depth, and area requirements of this
Planned Community Zoning District. The design of the mixed use, commercial and
residential buildings require Architectural Review approval. The proposed development
was recommended for approval by the City Council from the Architectural Review Board
on February 2,2012.
4. That the site is not physically suitable for the proposed density of
development:
This finding can not be made in the affirmative. The subdivision would be
consistent with the site development regulations of this Planned
Community Zoning District and would not affect the location of the
existing property lines at the perimeter of the site.
5. That the design of the subdivision or the proposed improvements is likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat:
This finding can not be made in the affirmative. The subdivision would
not cause environmental damage or injure fish, wildlife, or their habitat, as
the site is currently fully developed with a vacant commercial
development. An Environmental Impact Report was adopted certifying
that there will be no significant unmitigated environmental impacts.
6. That the design of the subdivision or type of improvements is likely to
cause serious public health problems:
This finding can not be made in the affirmative. The subdivision of the
existing parcel for a commercial and residential mixed use development
will not cause serious public health problems.
7. That the design of the subdivision or the type of improvements will
conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision. In this connection,
the governing body may approve a map if it finds that alternate easements,
for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection
shall apply only to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is hereby
granted to a legislative body to determine that the public at large has
120313 dm 0120529 7
\ )
acquired easements for access through or use of property within the
proposed subdivision.
This finding can not be made in the affirmative. The subdivision of the
existing parcel will not conflict with easements of any type, in that the
subdivision is compatible with adequate emergency vehicle access and
any utility easements that would be required to serve the proposed
developments.
SECTION 6.
Indenmification. 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
this ordinance or any permit or approval authorized hereby for the project, including
(without limitation) reimbursing the City 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 choice
SECTION 7.
Monitoring of Conditions and Public Benefits. Not later than three (3) years
following the approval of building occupancy by the City and every three (3) years
thereafter, the applicant shall request that the City review the project to assure that
conditions of approval and public benefits remain in effect as provided in the original
approval. The applicant shall provide adequate funding to reimburse the City for these
costs. If conditions or benefits are found deficient by staff, the applicant shall correct
such conditions in not more than 90 days from notice by the City. If correction is not
made within the prescribed timeframe, the Director of Planning and Community
Environment will schedule review of the project before the Planning and Transportation
Commission and Council to determine appropriate remedies, fines or other actions.
SECTION 8.
An Environmental Impact Report (EIR) for this project was prepared in
accordance with the California Environmental Quality Act. The City Council certified
theEIR and Mitigation Monitoring Program and adopted a resolution at its meeting of
March 19,2012.
SECTION 9.
The plans referenced consist of plans titled "Edgewood Shopping Center"
prepared by Kenneth Rodrigues & Partners, Burton Architecture, Sandis and the
Guzzardo Partnership, dated February 29, 2012, including the Tentative Map for
Edgewood Plaza, prepared by Sandis, dated February 15,2012.
SECTION 10.
120313 dm0120529 8
This ordinance shall be effective on the thirty-first day after the date of its
adoption (second reading).
INTRODUCED: March 19,2012
PASSED: April 9, 2012
AYES: Burt, Espinosa, Klein, Price, Schmid, Shepherd, Yeh
NOES: Holman
ABSTENTIONS:
ABSENT: Scharff
ATTEST:
<::~-CL.-~y
~Clerk
D APP VED AS TO FORM:
Assistant City Attorney
120313 dm 0120529 9
APPROVED:
~-W~
Director of Planning and
Community Environment
The 'City of
Palo Alto
Edgewood Plaza
Location Map
ThaCity
Exhibit A
This map is a product of the
City of Palo Atto GIS
---o· 397'
".i .mllS.CIII8!I to 2010 City (If Palo Alto
ExhibitB
RECOMMENDED DRAFT CONDITIONS OF APPROVAL
2080 Channing Avenue -Edgewood Plaza! File No. 10PLN-00198
DEPARTMENT OF PLANNING AND COMMUNITY ENVIRONMENT
Planning and Transportation Divisions
1. The plans submitted to obtain all pemlits through the Building Inspection Division shall be
in substantial conformance with the revised plans, project details and materials received on
March 22,2012, except as modified to incorporate these conditions of approval.
2. All conditions of approval shall be printed on the cover sheet of the plan set submitted to
obtain any permit through the Building Inspection Division.
3. Construction details, colors, materials, and placement of the shopping center signs and roof
mounted equipment shall be submitted to the Planning Division for review prior to
submittal of the building permit.
4. A subsequent Architectural Review Permit shall be required for the relocated sign and other
new signs related to this project.
5. The project shall be subject to applicable Development Impact Fees, which would be due
prior to issuance of the building permit. The applicable impact fees would be calculated
based upon the fee structure in place at the time of building permit submittal.
6. The developer shall submit and implement a Transportation Demand Management program
to the satisfaction of the Planning and Community Environment Director.
7. Sheet T-1_Tree Protection-it's Part ofthe Plan (http://www.city.palo-
alto. ca. us/arb/planning forms.html). Complete the Tree Disclosure Statement and
Inspection(s) #1-6 shall be checked.
8. Applicant shall file a tree removal permit for the trees planned for removal.
9. The entire Tree Preservation Report approved by staff, shall be printed on Sheet T-1 and/or
T-2 (all sheets). A note shall be applied to the site plan stating, "All measures identified in
the Tree Protection Report on Sheet T -1 and the approved plans shall be implemented,
including inspections and required watering of trees.
10. Maintenance: All landscape and trees shall be maintained, watered, fertilized, and pruned
according to Best Management Practices-Pruning (ANSI A300-200l or current version).
Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the
current property owner within 30 days of discovery.
\
)
11. Prior to the issuance of a building permit, a final detailed landscaping plan shall be
submitted to the Planning Division for review and approval, specifying exact species,
numbers and location of all plant materials.
12. The planting palette shall be modified as follows:
• Specify Elegant Tristania, replacing the Tristaniopis laurina.
• Do not use Liquidambars in small areas or planters. The species forms multiple
leaders and hardscape damaging root system. Replace with other fall color species
such as, Sour Gum, Shumard Oak or similar.
• All trees should be 24" box size as a minimum.
• Justify the use of century plant, in both large spatial area needed and safety from the
potentially lethal spear-like foliage. Or, select another species better suited for these
populated areas.
13. All parking lot median islands that are ~ccupied with trees, shrubs and ground covers and
surrounded by raised curb shall specify:
• Materials, concrete or asphalt on grade
• Specify discontinuous curb (planned breaks in the curb every 3 vehicle spaces) in all
formed curb lengths. Intent to drain or capture water runoff, allow capacity spillover
and plant/soil filtration of water runoff.
14. Screening of all above ground utilities is required, especially around water check valves and
backflow preventers near the sidewalks and property lines .. Creative use of shrubbery and
species encouraged.
15. Other conditions of approval that are site and landscape related will be provided for
submittal of the building permits.
16. The parking lot median islands shall incorporate discontinuous curbs (planned eight inch
breaks in the curb every three vehicle spaces) to allow for filtration of water runoff.
17. Prior to the submittal of abuilding permit, the applicant shall submit documentation
demonstrating that all noise producing equipment proposed for the project shall meet the
City's Noise Ordinance requirement.
18. The Covenants, Conditions and Restrictions (CC&Rs) for the ten single-family residences
shall include a provision that requires all future owners to maintain the private garages so
that two cars may be parked inside at all times. The CC&Rs shall be reviewed by the
Planning Director and City Attorney for approval prior to approval of the Final Map.
19. 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 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 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.
20. Lighting shall not exceed 0.5 foot-candle as measured at the abutting residential property
line. Lighting fixtures shall not exceed a height of 15 feet in the parking lot.
21. Prior to the issuance of a Building Permit application, the applicant shall return to the ARB
subcommittee and obtain feedback and/or approval on the following items:
• Final landscaping plan
• Street furniture
• Trellis details
22. All property line fences shall meet the requirements of the Municipal Code
23. Integral color shall be used for the stucco.
24. The lighting shall be corrected so that the photometric plans show that light will not spill
beyond the residential property line
25. The Covenants, Conditions and Restrictions (CC&Rs) for the ten single-family residences
shall include a provision that requires all future owners to maintain the private garages so
that two cars may be parked inside at all times. The CC&Rs shall be reviewed by the
Planning Director and City Attorney for approval prior to approval of the Final Map.
26. No restrictions shall be placed on the commercial or residential surface parking spaces that
will prevent park users from using those spaces.
27. The rehabilitation of the proposed sign shall be reviewed by the Historic Resources Board
for their recommendation.
28. A Final Map, in conformance with the approved Tentative Map, all requirements of the
Subdivision Ordinance (P AMC Section 21.16), and to the satisfaction of the City Engineer,
shall be filed with the Planning Division and the Public Works Engineering Division within
two years of the Tentative Map approval date (PAMC 21. 13.020[c]).
29. A Below Market Rate agreement shall be executed prior to City Council Action on the
Final Map and recorded concurrently with the subdivision agreement and map.
30. Prior to the recordation of a Final Map, the applicant shall execute and record a Park
Maintenance Agreement for the proposed public park to the satisfaction of the Director of
the Community Services Department.
Sustainability Requirements
31. The project is required to comply with P AMC 16.14 for green building. Building permit
plans shall include compliance with the Greenpoint Rated Checklist -as locally amended -
for the residential portion of the project and the California Green Building Code Checklist
as locally amended -for the nonresidential portion of the project. These requirements
incorporate minimum standards for landscape water efficiency (note that the installation of a
dedicated irrigation meter for all landscape with an approved backflow prevention device will
be required) and energy performance among other things. For more information visit
www.cityofpaloalto.orglgreenbuilding.
32. The project is required to comply with P AMC 16.12.030 for recycled water infrastructure.
Building permit plans shall include the on-site infrastructure necessary to connect the site's
irrigation system to the city's recycled water supply when it becomes available. Plans shall
demonstrate that recycled water will be used when available, and include consideration for
plants that are recycled water tolerant
Transportation Division
33. A Transportation Demand Management plan shall be submitted for the approval of the
Plamling Director prior to the issuance of a building permit. In addition to the annual
report, the project applicant and/or Edgewood Plaza owner will conduct a parking
monitoring program for a minimum of six months after full occupancy of the retail portion
of the Edgewood Plaza site, or as directed by the City of Palo Alto Director of Planning and
Community Environment. The monitoring program will record the number of parked
vehicles during the anticipated peak times of 11 :00 a.m. to 2:00 p.m. and 6:00 p.m. to 8:00
p.m. If parking demand is found to exceed parking supply, one or more of the following
strategies will be employed as a part of the project's Transportation Demand Management
(TDM) program t9 limit parking spillover:
• Offer parking cash-out (financial payment) to employees who forego their parking space
on-site and get to work by carpooling, bicycling, walking, or taking transit; and/or
• Increase use ofTDM measures (such as facilitating a carpool matching service for
employees on site).
The hours ofloading shall be consistent with the Municipal Code. The need for traffic
calming, including the installation of speed humps on Channing Avenue, shall be evaluated
by the City approximately a year after occupancy.
34. One level 3 electric vehicle charging station and two level 2 electric charging stations shall
be provided on site.
35. Bicycle racks must be installed to the satisfaction ofthe Transportation Division. The
project shall include four double loaded bike racks (8 bike capacity) within 50 feet of the
main entrance of the Grocery Store. The rack closest to the pedestrian ramp must be located
with at least 5 feet of clear landing area from the ADA accessible ramp connecting to the
parking lot pedestrian path.
36. Parking stalls closest to St. Francis Drive that are 15'6" in depth must have a low curb and
at least two feet of clear overhang.
37. The project shall include raised islands and median striping enhancements at intersection of
West BayshorelEmbarcadero intersection 0Vest Bayshore right-tum only).
38. The project shall include off-site crosswalk and curb ramp improvements at intersection of
st. Francis / Channing.
39. Signing and striping modifications per mitigation measure identified on Embarcadero
between st. Francis and Wildwood shall be included.
40. Bicycle improvements are recommended along West Bayshore including share the road
signage and pavement markings.
41. A left turn sign shall be installed on West Bayshore Road, north of Channing subject to the
review of the Transportation Division.
42. Modify the traffic signal on Embarcadero Road at Saint Francis Drive to provide left turn
signal phasing from Embarcadero Road to Saint Francis Drive.
43. Preserve the vehicular access between the project site and the adjacent gas station site at the
existing site connection, with no net loss of vehicle parking spaces on the shopping center
site.
Building Division
44. Architectural Comments: On sheet Al.O, Project Data: list the following information on
the plans for all the (N) and (E) structures:
• Building Occupancy Group:
• Type of Construction:
• Number of Stories:
• Building Area:
• Sprinklered: (YIN)
45. On sheet AI.O, Conceptual Site Plan: provide a revised site plan showing the proposed lot
line adjustments to be made for this project. Currently, this project is located on two legal
parcels and the proposed residential units #3 & 4 both straddle the current lot line and is
not allowed. Show on the revised Site Plan the lots lines that divides the ten (10)
residential units into separate parcels.
46. On sheet AI.O, Project Data: provide an allowable area analysis for the (E) Grocery
Building as it appears that it can no longer take advantage ofthe three (3) sides open for
area increase. In addition, provide the allowable area calculations for Retail Buildings 1
& 2. Show if the buildings are to be considered as parts of one building on the lot or
multiple buildings on one lot with assumed property lines between the buildings. If the
latter is the case, then clearly show on the Site Plan the location ofthe assumed property
line.
47. Structural Comments: A geotechnical report is required for the construction of the new
location of the relocated Commercial building.
48. General Comment: The completed plan submittal package should be sent to an approved
Outside Plan Check Consultant for plan review.
49. Additional accessible parking spaces are required due to the total number of required
parking spaces. At least 6 are required when there are 151 to 200 parking stalls. Show
location of dispersed accessible parking spaces and provide the accessible path of travel
to the building located such that those persons with disabilities are not compelled to walk
or wheel behind parked cars other than their own. CBC 1129B.4.3,'CBC 1129B.l
50. Based on the scope of work for this project the City of Palo Alto has the option to require
the applicant to utilize a third party plan check firm to conduct the building code plan
review. A list of plan check agencies approved by the City of Palo Alto is available at the
Development Center. The City of Palo Alto Building plan check fees are reduced by 35%
when a 3rd party plan check agency is utilized.
51. The Building Permit Plans shall be prepared by a licensed architect. When the plans are
submitted for a building permit, be sure to include the full scope of work including all site
development, disabled access and exiting for the entire site, utility installations,
architectural, structural, electrical, plumbing, mechanical work associated with the
proposed project. The plans shall include the allowable floor area and entire building area
calculations on the project data sheet and where there are multiple occupancies, provide
unity calculations for either separated or non-separated uses.
ErR Mitigation Measures
52. MM CR-2.1: Historic American Buildings Survey (HABS) Level III documentation of
the exterior of Buildings 1 and 2 and their setting shall be prepared by the applicant and
project consultants prior to the relocation of Building 1 and remodeling of Building 2.
Following the HABS guidelines, this documentation shall include:
• Sketch plan of the existing site and reproduction of original drawings.
• Up to 12 large-format photographs (4 by 5 inches) of exterior view.
• A written summary of project site's history.
• Transmittal of one set of documents to the City's Historic Resources Planner and
to a relevant local historical society, library or repository.
• . The documentation shall be filed by the applicant prior to the start of construction
53. MM CR-2.2: The applicant shall create a display illustrating the history of the Edgewood
Plaza as built by Eichler Homes, prior to approval of final occupancy.
54. MM CR-2.3: Distinctive materials and defining architectural features, finishes, and
construction techniq~es of Buildings I and 2 including windows, frames and eaves will
be retained to the extent possible, as the building elements will require some alterations
due to ADA compliance, public safety, building code compliance, or deteriorated
condition. The existing building components may be constructed out of new building
materials that match the character and form of the existing, if reuse of existing building
components is not feasible. Prior to the relocation and reconstruction of Building 1 and
the rehabilitation of Building 2, a qualified historic preservation architect shall review the
plans for the remodeled buildings and verify that the work on these buildings is in
keeping with the building'S original design and applicable Secretary of Interior's
Standards/or Rehabilitation, such as Standards #5,6, 7, and 9. The final design and
materials to be used in the renovation of these buildings will be reviewed and approved
by the Director and Historic Resources Planner ofthe City of Palo Alto Planning and
Community Environment Department.
55. Air Quality MM AQ-1.1: The following mitigation measures shall be implemented during
all phases of construction on the project site to prevent visible dust emissions from leaving
the site:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCRD. Clear signage shall be provided for construction workers at all
access points.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
• Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
56. Biological Resources MM BIO-1.I: In compliance with the MBTA and the California Fish
and Game Code, the proposed project shall implement the following measures:
• Pre-construction surveys shall be completed by a qualified ornithologist to identify
active nests that may be disturbed during project implementation. All potential nesting
areas (trees, tall shrubs) shall be surveyed no more than 30 days prior to tree removal or
pruning, if the activity will occur within the breeding season (February 1 -August 31).
If more than 30 days pass between the completion of the preconstruction survey and the
initiation of construction activities, the preconstruction survey shall be completed again
and repeated at 30 day intervals until construction activities are initiated.
• If an active nest is observed, tree removal and pruning shall be postponed until all the
young have fledged. An exclusion zone shall be established around the nest site, in
consultation with the California Department ofFish and Game (CDFG). Exclusion
zones for active passerine (songbirds) nests shall have a 50-foot radius centered on the
nest tree or shrub.
• Active nests shall be monitored weekly until the young fledge. No construction
activities,
• parking, staging, material storage, or other disturbance shall be allowed within the
exclusion zones until the young have fledged from the nest.
57. Hazards and Hazardous Materials MM HAZ-l.l: Considering the property will be
redeveloped and that potentially regulated soils may be encountered during site preparation
activities, a Soil Management Plan (SMP) shall be prepared to reduce or eliminate exposure
risk to human health and the environment. The SMP shall be developed to establish
management practices for handling contaminated soil or other materials if encountered
during construction activities. The SMP shall be reviewed and approved by the City of
Palo Alto prior to commencing construction activities.
58. Hazards and Hazardous Materials MM HAZ-l.2: Each contractor working at the site shall
prepare a health and safety plan (HSP) that addresses the safety and health hazards of each
phase of site operations that includes the requirements and procedures for employee
protection.
59. Hazards and Hazardous Materials MM HAZ-l.3: At the time Building 1 is moved, soil and
groundwater samples, and/or soil vapor samples, if appropriate, shall be obtained from
under 2125 Saint Francis Drive (the former Moon Cleaners) to ensure that soil exceeding
the applicable levels for tetrachloroethene (PCE) and its breakdown products is not present
within five feet of the ground surface. PCE-affected soil shall be removed by properly
trained and licensed personnel and contractors, in conformance with procedures in the soil
management plan (MM HAZ-l) prior to paving the area. Contaminated soil will be
handled by trained personnel using appropriate protective equipment and engineering
controls, in accordance with local, state, and federal laws. An excavation base confirmation
sample will be collected and analyzed to document sufficient soils removal.
Documentation of removal ofPCE-affected soil shall be provided to the City of Palo Alto
and appropriate oversight agencies prior to installation of pavement in the parking lot area.
" )
60. Hazards and Hazardous Materials MM HAZ-1.4: Excavated soils will be characterized
prior to off-site disposal or reuse on-site. Appropriate soil characterization, storage,
transportation, and disposal procedures shall be followed. Contaminated soils shall be
disposed of at a licensed facility in accordance with all appropriate local, state, and federal
regulations, in accordance with its characteristics.
61. Hazards and Hazardous Materials MM HAZ-1.5: The applicant shall prepare a contingency
plan prior to the beginning of the project construction that will address any previously
unknown sumps, hydraulic hoists, or tanks that may be present in the area of work.
62. Hazards and Hazardous Materials MM HAZ-2.1: In conformance with local, state, and
federal laws, an asbestos building survey and a lead-based paint survey shall be completed
by a qualified professional to determine the presence of ACMs andlor lead-based paint on
the structures proposed for renovation. The surVeys shall be completed prior to work
beginning on these structures.
63. Hazards and Hazardous Materials MM HAZ-2.2: A registered asbestos abatement
contractor shall be retained to remove and dispose of all potentially friable asbestos
containing materials, in accordance with the National Emissions Standards for Hazardous
Air Pollutants (NESHAP) guidelines, prior to building relocation or renovation that may
disturb the materials. All construction activities shall be undertaken in accordance with
Cal/OSHA standards, contained in Title 8 of the California Code of Regulations (CCR),
Section 1529, to protect workers from exposure to asbestos. Materials containing more
than one percent asbestos are also subject to Bay Area Air Quality Management District
(BAAQMD) regulations.
64. Hazards and Hazardous Materials MM HAZ-2.3: During renovation activities, all building
materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead
in Construction Standard, Title 8, CCR 1532.1, including employee training, employee air
monitoring and dust control. Any debris or soil containing lead-based paint or coatings
shall be disposed of at landfills that meet acceptance criteria for the waste being disposed.
65. Hydrology and Water QualityMM HYDRO-1.1: Construction of the proposed project on
site will comply with the City of Palo Alto Flood Hazard Ordinance, including elevation of
habitable spaces above anticipated flood levels, as listed in the Municipal Code, Section
16.52, Flood Hazard Regulations. All project plans must show the base flood elevations on
all applicable elevations, sections, and details, and must comply with all other requirements
as listed in the ordinance.
66. Hydrology and Water Quality MM HYDRO-1.2: Construction of the proposed project on
site will comply with the requirements of the Federal Emergency Management Agency for
flood hazard areas.
67. Hydrology and Water Quality MM HYDRO-2.1: Erosion and Sedimentation Control: The
following erosion and sediment control measures, based upon Best Management Practices
recommended by the Regional Water Quality Control Board, shall be included in the
project to reduce potential construction-related water quality impacts. Many of these
measures are the same as or similar to measures required to reduce air quality impacts.
Erosion and sedimentation control plans shall be submitted for review and approval by the
Public Works Department prior to issuance of grading or building permits.
• Stormwater inlet protection will be installed around storm drain inlets to keep sediment
• and other debris out of the stormwater drainage system.
• All exposed or disturbed soil surfaces will be watered at least twice daily to control dust
as necessary.
• Earthmoving or other dust-producing activities will be suspended during periods of high
winds (instantaneous gusts exceed 25 miles per hour).
• Stockpiles of soil or other materials that can be blown by the wind will be watered or
covered.
• All trucks hauling soil, sand, and other loose materials will be covered and all trucks
will be required to maintain at least two feet of freeboard.
• All paved access roads, parking areas, and staging areas adjacent to the construction
sites will be swept daily with water sweepers.
• Vegetation in disturbed areas will be replanted as quickly as possible.
68. Hydrology and Water QualityMM HYDRO-2.2: Post-Construction Mitigation: The
following mitigation measures, and City of Palo Alto requirements, are included in the
proposed project to ensure compliance with NPDES permit requirements to reduce
postconstruction water quality impacts:
• All onsite trash enclosures shall have roofs.
• Storm runoff from the site shall be treated prior to discharge to the City of Palo Alto
stormwater system. (Treatment mayor may not include the use of mechanical
devices.)
• An annual post-construction maintenance agreement shall be prepared and submitted
to the Public Works Department prior to issuance of grading or building permits.
• The commercial development shall implenlent regular maintenance activities (i.e.,
litter control and maintaining on-site drainage facilities) to prevent soil and litter from
accumulating on the project site and contaminating surface runoff.
• Landscape maintenance shall employ minimal pesticide use, including landscape
maintenance techniques listed in the Fact Sheet on Landscape Maintenance
Techniques for Pest Reduction prepared by the Santa Clara Valley Urban Runoff
Pollution Prevention Program.
69. MM NOISE-I. I : Sound-rated windows, doors, and exterior wall assemblies will be used in
residential building construction to reduce interior noise from outdoor sources to the 45 dB
DNL and Lmax 50/55 dB criteria. Specific details and sound insulation ratings shall be
determined during the design phase, when the final site, grading and floor plans, and
exterior elevations have been determined. An acoustical consultant shall review drawings
during the design phase and finalize appropriate noise control treatments, which will be
submitted to the City of Palo Alto Building Division along with the building plans, and
approved prior to issuance of building permits.
70. Noise MM NOI-1.2: Dual pane windows and doors with equal glass thicknesses can have
resonances that result in audible tones indoors. Acoustical test reports of all sound rated
windows and doors shall be reviewed by an acoustical consultant, and compared with
traffic noise spectrums, prior to approval.
71. Noise MM NOI-1.3: Since windows will have to be closed to maintain the interior noise
goals, ''ventilation or air conditioning system to provide a habitable interior environment,"
even with windows closed, shall be included in the project (i.e., windows shall not be relied
upon for ventilation).
72. Noise MM NOI-l.4: Overall outdoor noise in yards is expected to be between DNL 60 and
65 dBA, based on a combination oflocal and distant transportation sources. Since the
proposed residences would include private fenced yards, six foot tall noise barriers shall be
incorporated where plans currently show walls or fences separating private yards from the
adjacent roadways. Barriers should be solid from bottom to top with no cracks or gaps, and
a minimum surface density of three pounds per square foot.
73. Noise MM NOI-l.5: Residential mechanical equipment shall be selected and located to
meet the property line limits in the City's Noise Ordinance. If determined to be necessary
during the design phase and the acoustical review described in MM NOISE-I. 1 , additional
measures may consist of equipment barriers andlor enclosures.
74. Noise MM NOI-2.l: Measures shall be included in the renovation of the commercial
buildings to reduce noise impacts at nearby residences, in conformance with the Palo Alto
Noise Ordinance. These measures would be finalized during the design phase and
acoustical analysis (as described in Mitigation Measure MM NOISE-I. 1), submitted to the
City of Palo Alto Building Division along with the building plans, and approved prior to
issuance of building permits. These measures could include:
• Solid noise barriers along the north and east sides (the eastern wall extending south
alongside delivery trucks) of the loading dock, combined with a shed roof. These
barriers would reduce the estimated noise levels from unloading activities to the
allowable limits in the Palo Alto Noise Ordinance.
• The roof and walls shall be lined with a sound absorbing material (for example,
perforated metal panels, such as Kinetics KNP, or a spray on material, such as Pyrok
Acoustement 40, applied to a thickness of 1-112").
75. MM NOISE-2.2: Trucks entering and leaving the site must pass close to a residential
property line. As they do, they are likely to exceed the noise ordinance limits. Although it
. may not be feasible to completely eliminate this noise, the following measures would
reduce this impact:
• Limit deliveries to daytime hours (7:00 a.m. to 10:00 p.m.)
• Communicate to vendors that their drivers will be operating close to residences, so they
limit noise (e.g., avoid excess idling, high engine speeds, un-necessary backing, etc.)
• Provide a full disclosure statement to the owners of residential Lots #9 and #10 to make
them aware that trucks entering and leaving the site may generate noise levels in excess
of the Noise Ordinance limits. This disclosure would be incorporated by the project
applicant into the deeds for these residential properties.
76. MM NOISE-3.1: Mechanical equipment shall be selected, designed, and located so as to
minimize impacts on adjacent and nearby residential uses. This can be accomplished by
locating noise generating equipment away from residential uses or by providing acoustical
shielding. Preliminary estimates suggest that solid rooftop screens or noise barriers will be
needed. An acoustical specialist will review the mechanical equipment plans prior to
construction to confirm that the City's Noise Ordinance would be met at the residential
property line. These plans will be submitted to the City of Palo Alto Building Division, and
approved prior to issuance of building permits.
77. Transportation MM TRANS-I. 1 : Because of signal spacing considerations, a traffic signal
is not recommended at this intersection. To mitigate this impact, the proposed project will
restripe Embarcadero Road to create a left tum receiving lane. As part of the project left
tum lane improvements at the Embarcadero Road/Saint Francis Drive intersection, a left
turn receiving area will be built at Wildwood Lane. This will facilitate outbound left turns
and reduce left tum delay, which would reduce the project impact to a less than significant
level.
78. Avoidance Measures
a. Biological Resources CONDITION BIO-2.1: A Tree Preservation Report (TPR) will be
prepared for trees to be preserved and protected, consistent with Policy N-7 of the Palo
Alto Comprehensive Plan. An updated tree survey and tree preservation report (TPR)
prepared by a certified arborist shall be submitted for review and acceptance by the City
Urban Forester. The TPR incorporate the following measures, safeguards and
information:
• The TPR shall be based on latest plans and amended as needed to address activity
or improvements within the dripline area, including but not limited to incidental
work (utilities trenching, street work, lighting, irrigation, patio material, leveling,
etc.) that may affect the health of the trees. The project shall be modified to
address TPR concerns and recommendations identified to minimize below ground
or above ground impacts.
• The TPR shall be consistent with the criteria set forth in the tree preservation
ordinance, P AMC 8.10.030 and the City's Tree Technical Manual, Section 3.00,
4.00 and 6.30 http://www.cityofpaloalto.orglenvironment/urban _ canopy. asp.
• To avoid improvements that maybe detrimental to the health of the trees the TPR
shall review the applicant's landscape plan to ensure that patio flat work,
irrigation, planting or potted plants is consistent with the Tree Technical Manual.
The approved TPR shall be implemented in full, including mandatory inspections
and monthly reporting to City Urban Forester.
b. Biological Resources CONDITION BIO-2.2: Provide optimum public tree replacement
for loss of one or more public street trees. Publicly owned trees are growing in the right
of-way along Saint Francis Drive, Channing Avenue, and West Bayshore Road. Provide
mitigation in the event of a public tree removal. The new frontage should be provided
maximum streets cape design and materials to include the following elements:
• Consistency with the Public Works Department Tree Management Program.
Provide adequate room for tree canopy growth and root growing volume
resources.
• Create conflict-free planting sites by locating tree sites and underground utility
services at least 10-feet apart (electric, gas, sewer, water, fiber optic, telecom,
etc.).
• Utilize city-approved best management practices for sustainability products, such
as permeable ADA sidewalk, Silva Cell planters, engineered soil mix base,
generous planter soil volume (800 to 1,200 cubic feet) to sustain a medium to
large tree.
c. Noise CONDITION NOI-4.1: The following mitigation measures are included in the
project to further reduce construction noise impacts on neighboring properties:
• Equip all internal combustion engine-driven equipment with mufflers, which are
in good condition and appropriate for the equipment;
• Prohibit all unnecessary idling of internal combustion engines;
• Route construction related traffic to and from the site via designated truck routes
and avoid residential streets where possible;
• Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists;
• Locate all stationary noise-generating equipment, such as air compressors and
portable power generators, as far away as possible from adjacent land uses;
• Shield adjacent sensitive uses from stationary equipment with individual noise
barriers or partial acoustical enclosures;
• Temporary noise barriers (e.g., solid plywood fences (minimum 8 feet in height)
and/or acoustical blankets could be erected, if necessary, along affected property
boundaries facing the construction site. This mitigation would only be necessary if
conflicts occurred which were irresolvable by proper scheduling. Noise control
blanket barriers can be rented and quickly erected;
• Locate staging areas and construction material storage areas as far away as
possible from adjacent sensitive land uses;
• Designate a "disturbance coordinator" who would be responsible for responding
to any local complaints about construction noise. The disturbance coordinator will
determine the cause ofthe noise complaint (e.g., starting too early, bad muffler,
etc.) and will require that reasonable measures warranted to correct the problem be
implemented. Conspicuously post a telephone number for the disturbance
coordinator at the construction site and include it in the notice sent to neighbors
regarding the construction schedule;
• Hold a preconstruction meeting with the job inspectors and the general
contractor/on-site project manager to confirm that noise mitigation and practices
(including construction hours, construction schedule, and noise coordinator) are
completed.
Utilities Water Gas Wastewater
79. 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.
80. 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.
81. The applicant shall submit a completed separate water-gas-wastewater service connection
application -load sheets for each commercial tenant space or residential unit 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.).
82. 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. All
water meters shall be in the public right-of-way (sidewalk or planting strip). All WGW
utility services shall be from Saint Francis Drive or Channing Avenue.
83. Utility vaults, transformers, utility cabinets, concrete bases, or other structures can not be
placed over existing or new water, gas or wastewater mains/services. Maintain l'
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/vaultslbases shall
be relocated from the plan location as needed to meet field conditions.
84. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e.
water well, gray water, recyc;led water, rain catchment, water storage tank, etc).
85. 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.
86. Sewer drainage piping serving fixtures located less than one foot above the next upstream
sewer main manhole cover shall be protected by an approved backwater valve per
California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall
be shown on the plans.
87. Flushing of the fire system to sanitary sewer shall not exceed 30 GPM. Higher flushing
rates shall be diverted to a detention tank to achieve the 30 GPM flow to sewer.
88. Sewage ejector pumps shall meet the following conditions:
• The pump(s) be limited to a total I 00 GPM capacity or less.
• The sewage line changes to a 4" gravity flow line at least 20' from the City clean out.
• The tank and float is set up such that the pump run time not exceed 20 seconds each
cycle.
Prior to Issuance of Building Permit
89. 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.
90. For contractor installed water and wastewater mains or services, the applicant shall
submit to the WGW engineering section ofthe Utilities Department four copies of the
installation of water and wastewater utilities off-site improvement plans in accordance
with the utilities department design criteria. All utility work within the public right-of
way shall be clearly shown on the plans that are prepared, signed and stamped by a
registered civil engineer. The contractor shall also submit a complete schedule of work,
method of construction and the manufacture's literature on the materials to be used for
approval by the utilities engineering section. The applicant's contractor will not be
allowed to begin work until the improvement plan and other submittals have been
approved by the water, gas and wastewater engineering section. After the work is
complete but prior to sign off, the applicant shall provide record drawings (as-builts) of
the contractor installed water and wastewater mains and services per City of Palo Alto
Utilities record drawing procedures.
91. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at
the applicant's expense.
92. The applicant shall pay the capacity fees and connection fees associated with the
installation of the new utility service/s to be installed by the City of Palo Alto Utilities.
The approved relocation of services, meters, hydrants, or other facilities will be
performed at the cost of the person/entity requesting the relocation.
93. Each unit or place of business shall have its own water and gas meter shown on the plans.
94. Each parcel shall have its own water service, gas service and sewer lateral connection
shown on the plans.
95. A separate water meter and backflow preventer shall be installed 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.
96. An approved reduce pressure principle assembly (RPP A 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 RPP A shall be installed on the owner's property and directly behind the
water meter, within 5' of the property line. Show the location of the RPPA on the
plans. Inspection by the utilities cross connection inspector is required for the supply
pipe between the meter and the assembly. The applicant shall provide the City with
current test certificates for all backflows.
97. 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. 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. Inspection by the utilities cross connection inspector is required for the
supply pipe between the City connection and the assembly.
98. A new gas service line installation is required. Show the new gas meter location(s) on the
plans. The gas meter location must conform with utilities standard details. The gas
meters shall be located above ground on private property against the building as close to
Saint Francis or Channing as possible.
99. The applicant shall secure a public utilities easement for facilities installed in private
property. The applicant's engineer shall obtain, prepare, record with the county of Santa
Clara, and provide the utilities engineering section with copies of the public utilities
easement across the adjacent parcels as is necessary to serve the development.
100. All existing water and wastewater services that will not be reused shall be abandoned at
the main per WOW utilties procedures before any new utility services are installed.
101. All utility installations shall be in accordance with the City of Palo Alto utility standards
for water, gas & wastewater.
102. For contractor installed water and wastewater mains or services, the applicant shall
prepare and submit to the WGW engineering section of the Utilities Department as-built
drawings of the installation of water and wastewater utilities to be owned and maintained
by the City in accordance with:
• Two sets of as-built drawings (hard copies).
• As-built drawings in 2008 or 2010 AutoCAD format.
• As-built drawings in .tiff format.
• Survey points in .csv format for all new utility features.
Note: All survey data shall be collected by a California Licensed Land Surveyor. The
surveyor is responsible to setup all control points needed to perform the survey work.
The accuracy for all survey data shall be +/-1cm.
103. Survey data to be collected (what'S applicable):
• Collect horizontal and vertical data for:
• Sanitary sewer manholes (rim and invert elevations and depth)
• Stom1 drain manholes and catch basins (rim and invert elevations and depth)
• Water valves (cover and stern elevations)
104. Collect horizontal data only for:
• Service or lateral connection points at the main
• Fire hydrants
• Water meters
• Sanitary sewer cleanout boxes
105. Use CPAU WGW Engineering's "feature codes" for naming convention available from
CPAU WGW Engineering 1007 Elwell Ct, Palo Alto, CA 94303 (650) 566-4501. All
drawings and survey data shall be on the California State Plane Coordinate System -Zone
3 in units of feet. The horizontal datum shall be the North American Datum of 1983
(NAD83) and the vertical datum shall be based on Bestor 93.
Fire Department
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106. Applicant shall follow all mitigation measures outlined in the EIR.
107. Fire Department recommends a contingency plan be put in place to deal with any
previously undiscovered soil contamination, sumps, hydraulic hoists or tanks that may be
present in the area of work. The plan shall be submitted to the Fire Department prior to
the issuance of a building permit.
Public Works Engineering
lOS. Flood Zone: The proposed improvements are located within Special Flood Hazard Areas
AH 11.9 & AH 12.2. Please make sure the submitted plans accurately reflect the flood
zone designation. Accordingly, the proposed construction must meet all of the City's and
Federal Emergency Management Agency's (FEMA) requirements for construction within
a flood zone, such as: the finished bottom floor must be at or above the base flood
elevation (BFE); the crawl space (ifused) must have flood vents; and all construction
materials and equipment below the BFE must be water-resistant. Garage slabs can be
below the BFE, but the garage will then need flood vents. See Palo Alto Municipal Code
Section 16.52, Flood Hazard Regulations, and our website for more information. The
plans must show the BFE on all applicable elevations, sections and details; must include a
calculation of the required amount of flood vents; must include the flood vents on the
elevations and foundation plan; must note all materials below the BFE as water-resistant;
and must include the Elevation Certification Submittal Requirements for Construction in
the Special Flood Hazard Area form, which is available from Public Works at the
Development Center or on our website. Please note that FEMA recently (May 2009)
changed the vertical datum of the flood zones. You must use the new vertical datum
(NA VDSS) on plans submitted for a building permit.
109. Substantial Improvement: The existing structures are located within a Special Flood
Hazard Area. If the construction cost of the improvements (remodeling and/or addition)
is greater than 50% of the depreciated existing value of the structure, then the
improvements will be classified as a "substantial improvement" and the existing structure
and all new construction will be required to meet the City's Flood Hazard Regulations. In
particular, the finished first floor must be at or above the base flood elevation (BFE). If
the project is a "substantial improvement", then upon submittal for a building permit, the
applicant must provide a copy of the FEMA Elevation Certificate showing that the
existing finished first floor is at or above the BFE or, if the floor is below the BFE, the
plans must show the floor being raised. The plans must include:
• The Elevation Certification Submittal Requirements for Construction in the Special
Flood Hazard Area form
• The BFE on sections, elevations and details
• Flood vents, if there is a crawl space
• A table calculating the flood vents required and provided
• If the crawl space is sub grade, meaning that the bottom of the crawl space is below
the adjacent exterior grade on all four sides of the house, then it must be filled in until
it is either no longer sub grade or until it is 18" from the floor framing (to meet the
minimum CBC requirement)
• If the crawl space is still sub grade after filling, then include a sump, pump and outlet
pipe to pump flood waters out
• The garage slab can be below the BFE, but the garage will then need to be flood
vented separately from the house
• Notes that all materials and equipment below the BFE are water-resistant
110. Public Works will prepare a flood zone screening form, including a "substantial
improvement" screening form, at the Development Center when plans are submitted for a
building permit. In order to determine if your project is a "substantial improvement"
prior to submitting for a building permit, you can have a preliminary screening performed
by Public Works' staff at the Development Center.
111. Conceptual Grading, Drainage, C.3 and SWPPP Plan: To verify the project adequately
addresses grading, drainage and surface water infiltration, the applicant is required to
submit a conceptual site grading and drainage plan to Public Works Engineering (PWE)
prior to the final ARB submittal. The plan must demonstrate that site runoff is conveyed
to the nearest adequate municipal storm drain system and that drainage is not increased
onto, nor blocked from, neighboring properties. The plan must also include a conceptual
storm water pollution prevention plan (SWPPP), including the permanent best
management practices (BMP's) to protect storm water quality and control runoff per the
C.3 provisions of the Grading Ordinance (see C.3 below). Resources and handouts are
available from PWE, including "Planning Your Land Development Project". The
elements of the PWE-approved conceptual grading and drainage plan shall be
incorporated into the building permit plans.
112. Subdivision Maps: A Tentative Map and a Final Map are required for the proposed
development. The applicant shall submit an application for a major subdivision with the
Planning Division. Public Works' Major Subdivision -Tentative Map checklist must
accompany the Tentative Map and the Major Subdivision -Final Map checklist must
accompany the Final Map. All existing and proposed dedications and easements must be
shown on the maps. A digital copy of the Final Map, in AutoCAD format, shall be
submitted to Public Works Engineering and shall conform to North American Datum
1983 State Plane Zone 3 for horizontal survey controls and NA VD 1988 for vertical
survey controls.
113. Improvement Plans: The applicant shall arrange a meeting with the Public Works
Engineering, Water/GaslWastewater and Electric Utilities Engineering, Planning, and
Transportation Divisions and the Fire Department to determine what on-site and off-site
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public improvements will be required. The off-site improvements required by Public
Works Engineering will include at minimum: replacement of the sidewalk, curb & gutter
along the frontages of the site; the installation of curb ramps and street trees; and the
resurfacing of the street (2" grind & overlay) along the project frontages. Improvement
plans must be completed, approved and signed prior to the Final Map going to City
Council for approval.
114. Subdivision Improvement Agreement: A subdivision improvement agreement is required
to secure compliance with the conditions of approval and security of the onsite and off site
public improvements. The agreement must be finalized and signed prior to the Final Map
going to City Council for approval.
115. Bonds: The developer shall post bonds to guarantee the completion of the onsite and
offsite public improvements. The applicant must submit a construction cost estimate for
the onsite and offsite public improvements. The amount of the bond shall be determined
by the Planning, Utilities and Public Works Departments after reviewing the plans and the
estimate. The bonds must be submitted prior to the Final Map going to City Council for
approval.
116. Developer's Project Manager: The subdivision includes significant complexity involving
coordination of infrastructure design and construction. Developer shall appoint a Project
Manager to coordinate with Planning, Public Works and Utility Department staff. Public
Works will have regular communication with the Project Manager in order to facilitate
timely review and approval of design and construction.
Prior to Final ARB Submittal
117. Flood Zone: The applicant shall arrange a meeting with the Public Works Engineering
Division to verify compliance with the FEMA flood zone construction requirements
regarding all new construction as well as remodeling of existing retail buildings.
Grading & BuildingSubmittal
118. Grading & Excavation Permit: A Grading and Excavation Permit is required for the
project. A grading permit only authorizes grading and storm drain improvements,
therefore, the following note shall be included on each grading permit plan sheet: "This
grading permit will only authorize general grading and installation of the storm drain
system. Other building and utilityinlprovements are shown for reference information
only and are subject to a separate building permit approval." No utility infrastructure
should be shown inside the building footprints.
119. Storm Drains: The existing municipal storm drainage system in the area may be unable to
convey the peak runoff from the project site. The applicant may be required to provide
stonn water detention on-site to lessen the project's impact on city stonn drains. The
applicant's engineer shall provide stonn drain flow and detention calculations, including
pre-project and post-project conditions. The calculations must be signed and stamped by
a registered civil engineer.
120. C3: This project shall comply with the stonn water regulations contained in provision C.3
of the NPDES municipal storm water discharge pennit 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. In order to address the
potential permanent impacts of the project on stonn 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 stonn water quality, subject to the approval of the
Public Works Department. The applicant shall identify, size, design and incorporate
permanent stonn 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 stonn" specified in P AMC Chapter 16.11 prior to discharge to the municipal
stonn drain system. In addition, 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. The City will inspect the treatment measures yearly and charge
an inspection fee.
121. UPDATE: New regulations regarding third-party certifications of stonn water treatment
designs and installations went into effect 211 0111. Prior to the issuance of the building
permit, the project applicant shall submit a certification by a qualified third-party reviewer
that the design of the project complies with the requirements of P AMC Chapter 16.11.
Prior to issuance of an occupancy pennit, the project applicant shall submit a certification
by a qualified third-party reviewer that the project's permanent storm water pollution
prevention measures were constructed or installed in accordance with the approved plans.
A list of qualified third-party reviewers is available at: http://www.scvurppp
w2k.comlconsultants.htm
122. Revision: Additional, new stonn water treatment requirements will go into effect on
December 1,2011. These new requirements will not apply if a development application
(ARB) receives final discretionary approval before December 1,2011.
123. Survey Datum: Plans shall be prepared using North American Datum 1983 State Plane
Zone 3 for horizontal survey controls and NAVD 1988 for vertical survey controls
throughout the design process.
124. Final Drainage Plan: The plans shall include a final drainage plan prepared by a licensed
professional. This plan shall show proposed spot elevations or contours of the site and
demonstrate the proper conveyance of storm water to the nearest adequate municipal
stoml drainage system. Existing drainage patterns, including accommodation of runoff
from adjacent properties, shall be maintained.
125. SWPPP: This proposed development will disturb more than one acre of land.
Accordingly, the applicant must apply for coverage under the State ·Water Resources
Control Board's (SWRCB) NPDES general permit for storm water discharge associated
with construction activity. A Notice of Intent (NOl) must be filed for this project with the
SWRCB in order to obtain coverage under the permit. The General Permit requires the
applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP).
The applicant is required to submit two copies of the NOl and the draft SWPPP to the
Public Works Department for review and approval prior to issuance of the building
permit. The SWPPP should include both permanent, post-development project design
features and temporary measures employed during construction to control storm water
pollution.
126. Impervious Surface Area: The proposed development will result in a change in the
impervious area of the property. The applicant shall provide calculations of the existing
and proposed impervious surface areas with the building permit application. For non
residential properties, a Storm Drainage Fee adjustment on the applicant's monthly City
utility bill will take place in the month following the final approval of the construction by
the Building Inspection Division. The impervious area calculation sheets and instructions
are available from Public Works Engineering and on the division's website:
http://www.cityofpaloalto.orglpublic-works/eng-documents.html
127. Work in the Right-of-Way: The off-site public improvement plans must note that any
work that is to be conducted in the public right-of-way must be done per City standards
and that the contractor performing this work must first obtain a Street Work Permit from
Public Works at the Development Center.
128. Street Trees: Show all street trees in the public right-of-way or state that there are none.
Include street tree protection details in the plans. Any removal, relocation or planting of
street trees; or excavation, trenching or pavement installation within 10 feet of a street
tree, must be approved by Public Warks' arborist. This approval shall appear on the
plans.
Prior to Demolition & Construction
129. Temporary Encroachment Permit: The contractor may be required to obtain a temporary
encroachment permit from Public Works at the Development Center in order to occupy
the right-of-way andlor to provide traffic control to perform the demolition.
130. Street Work Permit: A Permit for Construction in the Public Street ("street work
permit") must be obtained by the general contractor or all subcontractors performing work
in the public right-of-way. All construction within the right-of-way, easements or other
property under City jurisdiction shall conform to the standard specifications and details of
the Public Works and Utility Departments.
131. Logistics Plan: A construction logistics plan shall be provided addressing all impacts to
the public and including, at a minimum: work hours, noticing of affected businesses,
construction signage, dust control, noise control, storm water pollution prevention, job
trailer, contractors' parking, truck routes, staging, concrete pours, crane lifts, scaffolding,
materials storage, pedestrian safety, and traffic control. All truck routes shall conform to
the City of Palo Alto's Trucks and Truck Route Ordinance, Chapter 10.48, and the route
map, which outlines truck routes available throughout the City of Palo Alto. A handout
describing these and other requirements for a construction logistics plan is available from
Public Works Engineering. Typically, the construction logistics plan is required for and
attached to an encroachment permit or a street work permit.
132. Storm Drain Logo: The applicant is required to paint "No Dumping/Flows to Matadero
Creek" in blue on a white background adjacent to all onsite storm drain inlets. Stencils of
the logo are available from the Public Works Environmental Compliance Division, which
may be contacted at (650) 329-2598. Include the instruction to paint the logos on the
construction grading and drainage plan. The applicant is required to install thermoplastic
logos adjacent to all off-site storm drain inlets that are located in the public right-of-way
and affected by the project. The thermoplastic logos may be obtained from the Public
Works Inspector.
133. Record Drawings: At the conclusion of the project applicant shall provide digital as
built/record drawings of all improvements constructed in the public right-of-way or
easements in which the City owns an interest. The digital files shall conform to North
American Datum 1983 State Plane Zone 3 for horizontal survey controls and NA VD 1988
for vertical survey controls. In addition, a digital copy of any project parcel map,
subdivision map, or certificate-of-compliance shall also be provided. All files should be
delivered in AutoCad fOIDlat.
134. Building Permit Sign-Off: The Public Works Inspector shall sign-off the building permit.
Activities that must be completed prior to this sign-off include: 1) all off-site
improvements, 2) all on-site grading and storm drain improvements, 3) all post
construction storm water pollution control measures, 4) entering into and recording a
maintenance agreement for the C.3 measures, and 5) submittal of as-built record drawings
for improvements in the public right-of-way.
Utilities Electrical Engineering
General
135. This proj ect requires the installation of padmount transformers for both the new
residential development and the rehabilitation of the existing retail buildings. The present
transformer serving the site shall be removed by CPAU. Proposed locations for the
transformers shall be incorporated on the site plan and submitted to the Utilities
Department for approval.
136. The existing main breaker serving the facility, located in CPAU manhole 1637, shall be
removed. The new switchgear location shall be incorporated on the site plan and
submitted to the Utilities Department for approval.
137. Easements for the pad mounted transformers and clearances in the front and around the
transformer shall be as per City's requirements.
138. All the existing equipments/vaults and utility lines (on-site) shall be removed or relocated
at applicant's expense prior to construction.
139. The applicant shall comply with all the Electric Utility Engineering Department service
requirements noted during plan review.
140. The Permittee shall be responsible for identification and location of all utilities, both
public and private, within the work area. Prior to any excavation work at the site, the
Permittee shall contact Underground Service Alert (USA) at 1-800-227-2600, at least 48
hours prior to beginning work.
The Following Shall Be Submitted/or Electrical Permit Submittals
141. . A completed Electric Load Sheet and a full set of plans must be included with all
applications involving electrical work. The load sheet must be included with the
preliminary submittal.
142. 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.
143. Only one electric service lateral is permitted per parcel. Utilities Rule & Regulation #18.
)
144. The developer/owner shall provide space for installing padmount equipment (i.e.
transformers, switches, and interrupters) and associated substructure as required by the
City.
145. The customer shall install all electrical substructures (conduits, boxes and pads) required
from the service point to the customer's switchgear. The design and installation shall be
according to the City standards and shown on plans. Utilities Rule & Regulations #16 &
#18.
146. A public utility easement shall be required for the padmount transformers.
147. Location ofthe electric panel/switchboard shall be shown on the site plan and approved
by the Architectural Review Board and Utilities Department.
148. 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.
149. For services larger than 1600 amps, the customer will be required to provide a transition
cabinet as the interconnection point between the utility's padmount transformer and the
customer's main switchgear. The cabinet design drawings must be submitted to the
Electric Utility Engineering Department for review and approval.
150. For underground services, no more than four (4) 750 MCM conductors per phase can be
connected to the transformer secondary terminals; otherwise, bus duct must be used for
connections to padmount transformers. If customer installs a bus duct directly between
the transformer secondary temlinals and the main switchgear, the installation of a
transition cabinet will not be required.
151. The customer is responsible for sizing the service conductors and other required
equipment according to the National Electric Code requirements and the City standards.
Utilities Rule & Regulation #18.
152. Any additional facilities and services requested by the Applicant that are beyond what the
utility deems standard facilities will be subject to Special Facilities charges. The Special
Facilities charges include the cost of installing the additional facilities as well as the cost
of ownership. Utilities Rule & Regulation #20.
153. Applicant shall submit well-pump specifications. Specifications to include pump type,
HP, voltage, starting current, efficiency, single-phase or three-phase. Also include
reduced starting method.
154. Projects that require the extension of high voltage primary distribution lines or
reinforcement of offsite electric facilities will be at the customer's expense and must be
coordinated with the Electric Utility.
During Construction
155. At least 48 hours prior to starting any excavation, the customer must call Underground
Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and
marked. The areas to be check by USA shall be delineated with white paint. All USA
markings shall be removed by the customer or contractor when construction is complete.
156. The customer is responsible for installing all on-site substructures (conduits, boxes and
pads) required for the electric service. No more than 270 degrees of bends are allowed in
a secondary conduit run. All conduits must be sized according to National Electric Code
requirements and no 112 -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.
157. 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.
158. All new underground conduits and substructures shall be installed per City standards and
shall be inspected by the Electrical Underground Inspector before backfilling.
159. The customer is responsible for installing all underground electric service conductors, bus
duct, transition cabinets, and other required equipment. The installation shall meet the
National Electric Code and the City Standards.
160. 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.
161. Shop/factory drawings for switchboards (400A and greater) and associated hardware must
be submitted for review and approval prior to installing the switchgear to:
Gopal Jagannath, P.E.
Supervising Electric Project Engineer
• \ )
Utilities Engineering (Electrical)
1007 Elwell Court
Palo Alto, CA 94303
162. Catalog cut sheets may not be substituted for factory drawing submittal.
163. All new underground electric services shall be inspected and approved by both the
Building Inspection Division and the Electrical Underground Inspector before energizing.
Public Works Department
Water Quality Control PlantiEnvironmental Compliance Division
164. P AMC 16.09.032(B)(17) Covered Parking: Drain plumbing for parking garage floor
drains must be connected to an oil/water separator with a minimum capacity of 100
gallons, and to the sanitary sewer system.
165. PAMC 16.09.106(e) Dumpsters for New and Remodeled Facilities: New dumpster areas
shall be covered. The area shall be designed to prevent water run-on to the area and run
off from the area.
166. P AMC 16.09.032 Loading Docks with Chemicals: Connections to the storm drain shall
not be permitted for loading docks where chemicals, hazardous materials, grease, oil, or
waste products are handled.
167. Loading dock drains may be connected to the sewer only if the area in which the drain is
located is covered or protected from rainwater run-on by berms and/or grading, and
appropriate wastewater treatment approved by the superintendent is provided. Any
loading dock area with a sanitary sewer drain shall be equipped with a fail-safe valve,
which shall be kept closed during periods of operation.
168. PAMC 16.09.106(d)(4) Loading Docks without Chemicals: Loading dock drains to the
storm drain system may be allowed if a valve or equivalent device is provided, which
remains closed except when it is raining.
169. Undesignated Retail Space~ P AMC 16.09 -Newly constructed or improved buildings
with all or a portion of the space with undesignated tenants or future use will need to meet
all requirements that would have been applicable during design and construction.
170. If such undesignated retail space becomes a food service facility the following
requirements must be met: PAMC Section 16.09.103(a) Grease Interceptors for Food
Service Facilities
171. A grease interceptor shall be installed with a minimum capacity of750 gallons. The
grease interceptor must be sized in accordance with Appendix H ofthe Uniform
Plumbing Code. The sizing calculation must be submitted with the plans.
172. PAMC 16.09.032b(16) Covered Dumpsters for Food Service Facilities: After January 1,
1996, new buildings constructed to house food service facilities shall include a covered
area for a dumpster. The area shall be designed to prevent water run-on to the area and
runoff from the area. Drains that are installed beneath dumpsters serving food service
facilities shall be connected to a grease removal device.
173. PAMC 16.09.103(e) Prohibition Against Garbage Disposals: The installation ofa
garbage grinder at any food service facility is prohibited after January 1,2003. The
kitchen cannot utilize a garbage grinder for food waste disposal to the sanitary sewer.
174. PAMC 16.09.032b(16) Large Item Cleaning Sink for Food Service Facilities: Food
service facilities shall have a sink or other area for cleaning floor mats, containers, and
equipment, which is connected to a grease interceptor and the sanitary sewer.
175. At the former Moon Cleaners location, the current appropriate level that will be used to
define the extent of soil removal and as the comparison criteria for the confirmation sample
for PCE is the Environmental Screening Level (ESL) of 0.70 mg/kg for
commerciallindustrialland use listed by the California Regional Water Quality Control
Board (RWQCB) in Screeningfor Environmental Concerns at Sites with Contaminated Soil
and Groundwater, Table A, Interim Final November 2007, revised May 2008). This ESL for
sites where Groundwater is Current or Potential Source of Drinking Water would be
conservatively applied. Characterization and removal of any contaminated soil will be
undertaken in coordination with appropriate oversight agencies and that coordination will be
demonstrated to the satisfaction of the Department of Planning and Community Environment
and the Palo Alto Fire Department.
176. The final underground utility plan will be reviewed by a qualified California professional
geologist or professional civil engineer, the Palo Alto Fire Department, Utilities Department,
and Department of Public Works to determine whether the extension of underground utilities
(in a joint trench or separate water lines, sewer lines, storm drains, electrical conduit, etc.)
could provide a conduit for PCE soil gas intrusion from the former Moon Cleaners location.
In the event utility lines extend through areas near the former Moon Cleaners site and a
possibility of soil vapor intrusion remains, appropriate engineering controls will be
implemented to reduce possible soil vapor migration through trench backfill and utility
conduits. These engineering controls may include placement of low-permeability backfill
"plugs" at intervals in the on-site utility trenches or other measures. Measures to be
employed will be approved by the Palo Alto Fire Department, the Utilities Department and
the Department of Public Works prior to issuance of building permits.
· Resolution No. 9239
Resolution Of The Council Of The City Of Palo Alto Certifying
The Adequacy Of The Final Environmental Impact Report For The
Edgewood Plaza Project Pursuant To The California Environmental
Quality Act And Adopting The Mitigation Monitoring And
Reporting Program
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Introduction and Certification.
(a) The City Council of the City of Palo Alto ("City Council"), in the exercise of its
independent judgment, makes and adopts the following findings to comply with the requirements
of the California Environmental Quality Act ("CEQA"; Pub. Resources Code, §§ 21000 et seq.),
and Sections 15091, 15092, and 15093 of the CEQA Guidelines (14 Cal. Code Regs., § 15000 et
seq.). All statements set forth in this Resolution constitute formal findings of the City Council,
including the statements set forth in this paragraph. These findings are made relative to the
conclusions of the City of Palo Alto Edgewood Plaza Project Final Environmental Impact Report
(State Cleari:p.ghouse No. 2011022030) (the "Final EIR") , which includes the Draft
Environmental Impact Report ("Draft EIR"), Public Comments, and Responses to Comments.
The Final EIR addresses the environmental impacts of the implementation of the Edgewood
Plaza Project (the "Project", as further defined in Section 2(b) below) and is incorporated herein
by reference. These findings are based upon the entire record of proceedings for the Project.
(b) Mitigation measures associated with the potentially significant impacts of the
Project will be implemented through the Mitigation Monitoring and Reporting Program
described below, which is the responsibility of the City.
(c) The City of Palo Alto is the Lead Agency pursuant to Public Resources Code
section 21067 as it has the principal responsibility to approve and regulate the Project. Sand Hill
Property Company is the Project applicant.
(d) The City exercised its independent judgment in accordance with Public Resources
Code section 20182.1(c), in retaining the independent consulting firm David J. Powers &
Associates, Inc. ("Powers & Associates") to assist with preparation of the Final EIR under the
supervision and at the direction ofthe City's Director of Planning and Community Environment.
(e) The City, with assistance from David J. Powers & Associates, ini~ially prepared
the Draft EIR and circulated it for review by responsible and trustee agencies and the public and
submitted it to the State Clearinghouse for review and comment by state agencies, for a comment
period which ran from September 30, 2011, through November 14, 2011. As noted above, the
Final EIR includes the Draft EIR, copies of all comments on the Draft EIR submitted during the
comment period, the City's responses to those comments, and changes made to the Draft EIR
following its public circulation.
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(t) The City's Planning and Transportation Commission has reviewed the Final EIR
and a draft of these findings and has provided its recommendations to the City Council regarding
certification of the Final EIR. The City Council has independently reviewed the Final EIR and
has considered the Planning and Transportation Commission's recommendations in making these
findings.
(g) Based upon review and consideration of the infomlation contained therein, the
City Council hereby certifies that the Final EIR was completed in compliance with CEQA, and
reflects the City of Palo Alto's independent judgment and analysis. The City Council has
considered evidence and arguments presented during consideration of the Project and the Final
EIR. In determining whether the Project may have a significant impact on the environment, and
in adopting the findings set forth below, the City Council certifies that it has complied with
Public Resources Code sections 21081, 21081.5, and 21082.2.
(h) Section 6 of the Final EIR and the First Amendment to the Final EIR shows all
revisions which the Final EIR made to the Draft EIR. All references to the Draft EIR in these
findings include references to all revisions to the Draft EIR made in the Final EIR (as amended).
Having reviewed this section and the Final EIR as a whole, the City CmIDcil hereby finds,
determines, and declares that no significant new information has been added to the Final EIR so
as to warrant recirculation of all or a portion of the Draft EIR. Likewise, the City Council has
considered all public comments and other information submitted into the record since publication
of the Final EIR, and further finds that none of that additional information constitutes significant
new information requiring recirculation of the Final EIR.
SECTION 2. Project Information.
The following Project information is supplied to provide context for the discussion and
findings that follow, but is intended as a summary and not a replacement for the information
contained in the Draft EIR, Final EIR, or Project approvals.
(a) Project Objectives
The Project Objectives of the Project applicant are set forth in Section 2.4 of the Draft
EIR, which is incorporated herein by reference.
(b) Proj ect Description
The proposed Project is the renovation of three existing commercial buildings at the
Edgewood Shopping Center containing approximately 38,400 square feet of retail uses, and the
redevelopment of the northern portion of the site with ten single-family residences and an
approximately 0.20 acre park.
The three buildings currently on site are arranged in an L-shaped plan, with the grocery
store to the east, and the two one-story retail buildings to the west. The grocery store and the
retail buildings are wood-framed with elements of stucco and concrete block, and have flat roofs.
One of the existing retail buildings (Building 1) would be relocated to the north and west
of its current location on the site to allow for a modified configuration of parking for the grocery
store. This building and the other building to remain in place (Building 2) would be renovated
120402 dm 0120533 2
for continued retail use.. Building 1 would be disassembled, and significant elements with
distinctive design qualities, such as the walls and walkway overhangs would be retained. The
building would be reconstructed to the north and west of the current Building 1 location, and
visible historic building elements from the existing building would be rehabilitated and installed
on a new building structure.
The grocery building would remain in place and be renovated to allow for use as a small
scale grocery store.
A conceptual site plan of the proposed Project is shown on Figure 4. A breakdown of the
proposed development areas and building square footage are shown in Table 2.3-1. Conceptual
elevations of the commercial buildings are shown on Figures 5-10, and conceptual residential
elevations are shown on Figure 11. (All references to figures and tables are to those appearing in
the Draft: EIR, as modified where applicable in the Final EIR.)
A complete description of the Project as proposed by the Project applicant is set forth
in Section 2.3 ofthe Draft: EIR, as modified in the Final EIR.
(c) Required Approvals
The approvals required by the City as lead agency for implementation of the Project
include:
A. Planned Community Zoning
B. Tentative Subdivision Map
C. Final Subdivision Map
D. Lot Line Adjustments
E. Tree Removal Permits
SECTION 3. Record of Proceedings.
(a) For purposes of CEQ A, CEQA Guidelines section 15091(e), and these
findings, the Record of Proceedings for the Project includes, but is not limited to, the following
documents:
(1) The Final EIR, which consists of the Edgewood Plaza Project Draft:
. Environmental Impact Report, published and circulated for public review and
comment by the City from September 30,2011 through November 14,2011 (the
"Draft: EIR"), and the Edgewood Plaza Project Final Environmental Impact
Report, published and made available on February 17, 2012, a First Amendment
to the Final EIR and made available on February 29, 2012 and all appendices,
reports, documents, studies, memoranda, maps, testimony, and other materials
related thereto;
(2) All public notices issued by the City in connection with the Project and the
120402 dm 0120533 3
preparation of the Draft EIR and the Final EIR, including but not limited to public
notices for all public workshops held to seek public comments and input on the
Project and the Notice of Preparation, Notice of Completion, Notice of
Availability;
(3) All written and oral communications submitted by agencies or interested members
of the general public during the public review period for the Draft EIR, including
oral communications made at public hearings or meetings held on the Project
approvals;
(4) The Mitigation Monitoring and Reporting Program;
(5) All findings and resolutions adopted by the City Council in connection with the
Project, and all documents cited or referred to therein;
(6) All final reports, studies, memoranda, maps, staff reports, or other planning
documents relating to the Project prepared by the City of Palo Alto and
consultants with respect to the City of Palo Alto's compliance with the
requirements of CEQA, and with respect to the City of Palo Alto's actions on the
Project, including all staff reports and attachments to all staff reports for all public
meetings held by the City;
(7) Minutes and/or verbatim transcripts of all public meetings and/or public hearings
held by the City of Palo Alto in connection with the Project;
(8) Matters of common knowledge to the City of Palo Alto, including, but not limited
to, federal, state, and local laws and regulations;
(9) Any documents expressly cited in these findings, in addition to those cited above;
and
(10) Any other materials required to be in the record of proceedings by Public
Resources Code section 21 167.6(e).
(b) The custodian of the documents comprising the record of proceedings is the
Director of Planning and Community Environment, City of Palo Alto, 250 Hamilton Avenue,
Palo Alto, California, 94301.
(c) Copies of all of the above-referenced documents, which constitute the record of
proceedings upon which the City of Palo Alto's decision on the Project is based, are and have
been available upon request at the offices of the Planning and Community Environment
Department, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301, and other
locations in the City of Palo Alto.
(d) The City of Palo Alto has relied upon all of the documents, materials, and
evidence listed above in reaching its decision on the Project.
(e) The City Council hereby finds, determines and declares that the above-referenced
documents, materials, and evidence constitute substantial evidence (as that term is defined by
120402 dm 0120533 4
section 15384 ofthe CEQA Guidelines) to support each ofthe findings contained herein.
SECTION 4. Mitigation Monitoring and Reporting Program.
(a) CEQA requires the lead agency approving a project to adopt a Mitigation
Monitoring and Reporting Program (MMRP) for the' changes made to the project that it has
adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been
prepared and is recommended for adoption by the City Council concurrently with the adoption of
these findings to ensure compliance with mitigation measures during Project implementation. As
required by Public Resources Code section 21081.6, the MMRP designates responsibility and
anticipated timing for the implementation of the mitigation measures recommended in the Final
EIR. The MMRP will remain available for public review during the compliance period.
(b) The City Council hereby adopts the MMRP for the Project attached hereto and
incorporated by reference, and finds, determines, and declares that adoption of the MMRP will
ensure enforcement and continued imposition of the mitigation measures recommended in the
Final EIR, and set. forth in the MMRP, in order to mitigate or avoid significant impacts on the
environment.
SECTION 5. Potentially Significant Impacts.
By these Findings, the City Council ratifies and adopts the Final EIR' s conclusions for
the following significant environmental impacts which, based on the analyses in the Final EIR,
this City Council determines will be less than significant after the implementation of the
mitigation measures described below. All citations to the Draft EIR chapters and sections below
include reference to all revisions to those chapters and sections contained in the Final EIR.
Section 3.2.5.3 Historic Resources Impacts in the Draft EIR included summaries of the expert
opinion of two qualified. historic resources consultants, Page &Turnbull and Carey & Company.
The City Council finds the opinion of Page & Turnbull to be valid and agrees with their
conclusions regarding the significance of project impacts on historic resources. The significance
conclusions for Impact CR-2 and Impact CR-3 below reflect a revision of the impact statements
in the Final EIR made available on February 17, 2012, based upon the City Council's
independent judgment of the two analyses by experts presented in the EIR.
5.1 Cultural Resources
Impact CR-1: Unknown subsurface archeological or paleontological resources could be
present on the site, and could be disturbed during Project construction.
a) }»otential Impact. The impact identified above is described and discussed in
Sections 3.2.1 arid 3.2.5.2 of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measures CR-1.1 and CR-1.2.
120402 dm 0120533 5
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring that all
construction activities be halted within a radius of fifty (50) feet of any potentially significant
archeological or paleontological resources encountered during construction; (ii) requiring that
such resources be examined by qualified professionals; and (iii) following the recommendation
of the qualified professional to preserve, collect, record and/or analyze the resources, thereby
ensuring that significant archeological and paleontological resources are not inadvertently
destroyed and are appropriately preserved and/or recorded. The above-noted measures will also
reduce the severity of this potentially impact to a less-than-significant level by: (i) requiring that
all construction activities be halted in the event that any human remains are encountered during
construction; (ii) requiring that such remains be examined by the County Coroner to determine
whether or not the remains are Native American; (iii) to contact the California Native American
Heritage Commission and COLmty Coordinator of Native American Affairs if the remains are
determined to be Native American; and (iv) by prohibiting any further disturbance of the site
except as authorized by the County Coordinator as provided by state law, thereby ensuring that
any Native American remains encountered are not inadvertently destroyed and handled
appropriately.
Based upon the expert opinion of Page & Turnbull presented in the Draft EIR, the City Council
finds that the following impact statement (Impact CR-2) regarding impacts to historic resources
reflects its independent judgment.
Impact CR-2: The Edgewood Plaza site is considered historically significant under
federal, state and City of Palo Alto criteria. Although relocation of Building 1 on the site would
alter the site design and characteristics of Edgewood Plaza, this change in spatial relationship
would not result in a significant impact to the historic character of the buildings. The physical
relocation of Building 1 and renovation of Buildings 1 and 2, however, could result in
modifications to the historic design and integrity of the buildings.
a) Potential Impact. The impact identified above is described and discussed in
Section 3.2.5.3 of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measures CR-2.1, CR-2.2 and CR-2.3.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) documenting the exterior of
Buildings 1 and 2 and their settings in accordance with Historic American Buildings Survey
Level III docunlentation requirements, as described in greater detail in Section 6 of the Final
EIR, and preserving such documentation with the Palo Alto Historic Resources Preservation
Officer; (ii) creating a display illustrating the history of the Edgewood Plaza as built by Eichler
Homes prior to approval of final occupancy; (iii) requiring that the distinctive and defining
architectural features, finishes and construction techniques of Buildings 1 and 2, including
windows, frames, and eaves, be retained to the extent feasible during the relocation and
reconstruction of Building 1 and the rehabilitation of Building 2, subject to verification by
qualified professionals that work on these resources is completed in conformance with applicable
120402 dm 0120533 6
federal standards; and (iv) requiring review and approval of the final design and materials to be
used in the renovation of these buildings by the City of Palo Alto Planning and Community
Environment Department; thereby ensuring that this Impact is mitigated to a less-than-significant
level. While the Draft and Final EIRs conservatively identified this impact as significant and
unavoidable based upon conflicting expert opinion, the City Council agrees with the conclusions
of the experts, as reflected in the record, that this impact can, in fact, be mitigated.
Based upon the· expert opinion of Page & Turnbull presented in the Draft EIR, the City Council
finds that the following impact statement (Impact CR-3) regarding impacts to historic resources
reflects its independent judgment.
Impact CR-3: The Edgewood Plaza site is considered historically significant under
federal, state and City of Palo Alto criteria. While construction of ten new single-family houses
on the site would alter the overall site design and characteristics of Edgewood Plaza, this
construction would not result in a significant impact to historic resources.
5.2 Air Quality
Impact AQ-l: Construction of the proposed Proj ect could result in temporary air quality
impacts associated with dust and particulate matter generation at nearby residential uses.
a) Potential Impact. The impact identified above is described and discussed in
Section 4.3.2.3 of Appendix C the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the MitigationMonitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measure AQ-l.l.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by requiring the applicant to
implement numerous construction practices determined by the Bay Area Air Quality
Management District to significantly reduce the adverse air quality effects of construction
activities. These practices include watering all exposed surfaces, covering all haul trucks,
regularly removing all mud, dirt and debris from public roads, limiting vehicle speeds on the
construction site, paving all appropriate surfaces as soon as possible, limiting idling times of
construction vehicles and equipment, properly maintaining all construction equipment, and
publicly posting contact information for public complaints regarding construction activities, all
as described in greater detail in Section 4.3.2.3 of the Appendix C of the Draft EIR.
Implementing these measures will minimize the extent to which dust and particulate matter
generated by Project construction activities is dispersed to nearby residential uses and other
sensitive receptors.
5.3 Biological Resources
Impact BIO-l: Excavation during construction of the proposed Project could result in
disturbance to active raptor nests.
120402 elm 0120533 7
a) Potential Impact. The impact identified above is described and discussed in
Section 4.4.2.1 of Appendix C of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measure BID-I. 1.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by requiring the applicant to
implement numerous several measures, pursuant to the requirements of the federal Migratory
Bird Treaty Act and the California Department of Fish and Game, designed to reduce adverse
effects on raptors and their nests. These measures include' having a qualified ornithologist
complete pre-construction surveys to identify active nests that might be disturbed by Project
activities, postponing all tree removal and pruning activities for trees containing active raptor
nests and establishing buffer or exclusion zones around such trees, and monitoring such trees and
nests and prohibiting construction activities within the buffer/exclusion zones until the young
raptors have fledged from the nests. Implementing these measures will ensure that active raptor
nests are not unduly disturbed by construction activities, thereby avoiding and reducing the
potential adverse effects of the Project on raptors and their nests to less-than-significant levels.
5.4 Hazardous Materials
Impact HAZ-l:
construction workers and
soil and groundwater.
Construction of the proposed Project could expose
others to residual hazardous materials contamination in
a) Potential Impact. The impact identified above is described and discussed in
Section 4.8.3.2 of Appendix C of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
MitigationMeasuresHAZ-1.1, 1.2, 1.3, 1.4 and 1.5.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring the applicant to
prepare and implement a Soil Management Plan, to be reviewed and approved by the City of
Palo Alto and in compliance with all applicable federal, state and local regulations and in
conformance with applicable industry standards, to govern the handling of contaminated soil and
other hazardous materials encountered during Project construction activities; (ii) requiring each
contractor working on the site to prepare a health and safety plan that addresses the health and
safety hazards that may affect each phase site operations due to potential exposures to hazardous
materials, which plan includes requirements and procedures to ensure protection for each
contractor's employees, in compliance with all applicable federal, state and local regulations and
in conformance with applicable industry standards,; and (iii) requiring soil and groundwater
sampling and, if appropriate, soil vapor sampling, from under 2125 St. Francis Drive to ensure
120402 dm 0120533 8
that soil exceeding applicable tetrachloroethene levels (PCE-affected soils) is not present within
five (5) feet of'the ground surface, requiring removal and disposal of any PCE-affected soils by
qualified· professionals using appropriate protective gear in accordance with applicable federal,
state and local requirements, requiring an excavation base confirmation sample to confirm that
sufficient PCE-affected soils have been removed, and requiring that documentation of all PCE
affected soils be provided to the City of Palo Alto and appropriate oversight agencies prior to
installation of pavement in the parking lot area; (iv) requiring characterization of all excavated
soils prior to off-site disposal or on-site reuse; requiring that contaminated soils be disposed of at
a licensed facility in accordance with all applicable local, state and federal regulations; (v)
requiring that all excavated soil characterizations, storage, transportation and disposal be in
conformance with all applicable federal, state and local procedures and requirements; and
(vi) requiring the applicant to prepare a contingency plan prior to the beginning of Project
construction to address any previously unknown sumps, hydraulic hoists, or tanks that may be
present in the work area. Implementation of these measures will ensure that the risks associated
with exposure to contaminated soils and other hazardous materials are reduced to a less-than
significant level.
Impact HAZ-2: Renovation and relocation of Project buildings could expose
construction workers and sensitive receptors, including the surrounding residential uses, to lead
based paint and/or asbestos-containing materials (ACMs).
a) Potential Impact. The impact identified above is described and discussed in
Section 4.8.3.2 of Appendix C ofthe Draft BIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measures HAZ-2.1, 2.2 and 2.3.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring surveys by
qualified professionals of all structures proposed for renovation on the site to determine the
presence of asbestos and lead-based paint, prior to commencing any work on such structures; (ii)
requiring that a registered asbestos abatement contractor by retained to remove and dispose of all
potential friable asbestos-containing materials, in accordance with applicable federal and state
laws, regulations, guidelines and requirements, prior to any relocation or renovation activities
that may disturb such materials; and (iii) requiring that all building materials containing lead
based paint be removed and disposed of in accordance with applicable federal, state and local
standards, which include requirements relating to employee training, air monitoring and dust
control. Implementation of these measures will reduce the risks associated with potential
exposures to asbestos-containing materials and lead-based paint to less-than-significant levels.
5.5 Hydrology and Water Quality.
Impact HYDRO-I: Construction of the proposed residential units on the Project site
may expose people or structures to flooding risks.
a) Potential Impact. The impact identified above is described and discussed in
120402 dm 0120533 9
Section 4.9.3.1 of Appendix C of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the MitigationMonitoring and Reporting Progranl, and as
further described in the remainder of these findings:
Mitigation Measures HYDRO-l.l and 1.2.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring that all
construction activities on the site comply with the City of Palo Alto Flood Hazard Ordinance,
including elevation of habitable spaces above anticipated flood levels; (ii) requiring that all
Project plans show the base flood elevations on all applicable elevations, sections,and details,
and otherwise comply with all other requirements listed in the Ordinance; and (iii) requiring that
all construction activities on the site also comply with all applicable requirements of the Federal
Emergency Management Agency for flood hazard areas. Implementation of these measures will
ensure that structures on the site are constructed to minimize to the extent feasible risks
associated with flooding on the site and that this potentially significant impact is reduced to a
less-than-significant level.
Impact HYDRO-2: Construction activities could temporarily increase pollutant loads in
stormwater runoff.
a) Potential Impact. The impact identified above is described and discussed in
Section 4.9.3.5 of Appendix C of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measures HYDRO-2.l and 2.2.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring the implementation
of certain erosion and sediment control measures based upon Best Management Practices
recommended by the Regional Water Quality Control Board (RWQCB), including installing
stormwater inlet protection around all storm drain inlets, watering all exposed surfaces,
suspending all dust-producing activities during periods of high winds, covering and watering
stockpiles of soil and other materials, covering all haul trucks, regularly sweeping and removing
all mud, dirt and debris from all paved access roads, parking areas and staging areas, and
replanting all vegetation in disturbed areas as soon as possible, as described in greater detail in
Section 4.9.3.5 of the Appendix C of the Draft EIR; (ii) requiring that an erosion and
sedimentation control plan be submitted to the City of Palo Alto Public Works Department for
review and approval prior to the issuance of any grading or building pennits; and (iii) requiring
certain post-construction measures based on RWQCB Best Management Practices, including
providing roofs on all trash enclosures on site, providing onsite treatment of stormwater runoff
from the site prior to discharge to the City of Palo Alto stormwater system, preparing and
submitting to the City of Palo Alto Public Works Department an annual post-construction
maintenance agreement prior to the issuance of grading or building permits, requiring
120402 dm 0120533 10
commercial development on the site to implement regular maintenance activities to prevent soil
and litter from accumulating on the site, and requiring that landscaping and landscape
maintenance on the site employ minimal pesticide use. Implementation of these measures will
mitigate the Project's potential impacts relating to pollutant loads in stormwater runoff to less
than-significant levels.
5.6 Noise
Impact NOISE-I: Future residential uses on the site could be exposed to noise levels
above City of Palo Alto standards for residential uses.
a) Potential Impact. The impact identified above is described and discussed in
Section 4.12.2.2 of Appendix C of the Draft EIR. .
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation. Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measures NOISE-1.1, 1.2, 1.3, 1.4 and 1.5.
c) Findings. The above-noted mitigation measUres will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring that sound-rated
windows, doors, and exterior wall assemblies be used in residential buildings; (ii) requiring
acoustical test reports of all sound-rated windows and doors, to be reviewed by a qualified
professional and compared with traffic noise spectrums, prior to approval; (iii) requiring
ventilation or air conditioning systems in all residential units that provide habitable interior
environments, so that windows need not be relied upon to provide ventilation; (iv) requiring six
(6) foot tall noise barriers in specific locations; (v) requiring that residential mechanical
equipment be selected and located to meet the properly line limits in the City of Palo Alto Noise
Ordinance, and additional measures such as equipment barriers and enclosures if determined to
be necessary by the acoustical test and review described above, all as described in greater detail
in Section 4.12.2.2 of Appendix C of the Draft EIR. Implementation of these measures will
reduce the severity of potential noise impacts on future residents on the Project site to less-than
significant levels.
Impact NOISE-2: Commercial activities on the site could result in significant noise
impact at the proposed residential units.
a) Potential Impact. The impact identified above is described and discussed in
Section 4.12.2.4 of Appendix C of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measures NOISE-2.1 and 2.2.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring that measures be
120402 dm 0120533 11
included in the renovation of the commercial buildings on the site to reduce noise impacts at
nearby residences, in conformance with the City of Palo Alto Noise Ordinance, which measures
may include installing solid noise barriers along the north and east sides of the loading dock
combined with a shed roof, and lining roofs and walls with sound absorbing materials; and (ii)
limiting all truck deliveries to the site to daytime hours (7 a.m. to 10 p.m.), communicating to
vendors that their drivers will be operating close to residences so that they will limit noise, and
providing a full disclosure statement to the owners of residential Lots Nos. 9 and 10 regarding
potential truck noise, which statement shall be incorporated into the deeds for these residential
properties. Implementation of these measures would reduce the severity of this potential Impact
to a less-than-significant level.
Impact NOISE-3:" Noise from rooftop mechanical equipment for the retail buildings
may exceed the noise standards at adjacent residential properties on the Edgewood Plaza site.
a) Potential Impact. The impact identified above is described and discussed in
Section 4.12.2.4 of Appendix C of the Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measure NOISE-3.1.
c) Findings. The above-noted mitigation measures will reduce the severity of this
potentially significant impact to a less-than-significant level by: (i) requiring that mechanical
equipment to be installed and used on the Project site be selected, designed and located to
minimize noise impacts on adjacent and nearby residential uses; (ii) using solid rooftop screens
or noise barriers as determined by a qualified professional to be necessary to meet applicable
City of Palo Alto noise standards at the residential property lines; and (iii) providing for review
and approval of mechanical equipment plans by the City of Palo Alto Building Department prior
to the issuance of building permits; all as described in greater detail in Section 4.12.2.4 of
Appendix C of the Draft EIR. Implementation of this mitigation measure will reduce the
severity of this Impact to a less-than-significant level.
5.7 Transportation
Impact TRANS-1: Project traffic would cause a significant impact at the Wildwood
Land-North California Avenue and Embarcadero Road unsignalized intersection.
a) Potential Impact. The impact identified above is described and discussed in
Section 4.16.2.2 of Appendix C ofthe Draft EIR.
b) Mitigation Measures. The following mitigation measures will be adopted and
will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as
further described in the remainder of these findings:
Mitigation Measure TRANS-I. 1.
c) Findings. The above-noted mitigation measures will reduce the severity of this
120402dm0120533 12
potentially significant impact to a less-than-significant level by: (i) restriping Embarcadero Road
to create a left turn receiving lane; and (ii) installing a left turn lane receiving area at the
Embarcadero Road/St. Francis Drive intersection at Wildwood Lane. Installation of these
improvements will facilitate left turns and reduce left turn delays, thereby mitigating this Impact
to a less-than-significant level.
SECTION 6. Findings Regarding Project Alternatives.
Public Resources Code section 21002 prohibits a public agency from approving a project if
there are feasible alternatives or feasible mitigation measures available which would substantially
lessen the significant environmental effects of the project. When a lead agency finds, even after the
adoption of all feasible mitigation measures, that a project will still cause one or more significant
environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the
project as mitigated, first determine whether there are any project alternatives that are feasible and
that would substantially lessen or avoid the project's significant impacts. Under CEQA, "feasibility"
includes "desirability" to the extent that it is based on a reasonable balancing of the relevant
economic, environmental, social, and technological factors, and an alternative may be deemed by the
lead agency to be "infeasible" if it fails to adequately promote the project applicant's and/or the lead
agency's primary underlying goals and objectives for the project. Thus, a lead agency may reject an
alternative, even if it would avoid or substantially lessen one or more significant environmental
effects of the project, if it finds that the alternative's failure to adequately achieve the objectives for
the project, or other specific and identifiable considerations, make the alternative infeasible.
The City Council certifies that the Final EIR describes a reasonable range of alternatives to
the Project, which could feasibly obtain the basic objectives of the Project, and that the City Council
has evaluated the comparative merits of the alternatives. As explained in the findings set forth above,
the Project will not result in any significant effect on the environment that cannot be mitigated
through the mitigation measures which are hereby being adopted and imposed on the Project.
Therefore, the Council need not make any additional findings regarding the feasibility of any Project
alternative.
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INTRODUCED AND PASSED: MARCH 19,2012
AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID,
SHEPHERD,YEH
NOES:
ABSENT:"
ABSTENTIONS:
APPROVED:
APPROVED AS TO FORM:
-Asst. City Attorney
Director of Planning & Community Environment
120402 dm 0120533 14
February 4, 2013
Elena Lee
City of Palo Alto
Development Center
285 Hamilton Ave
Palo Alto, CA 94301
RE: Edgewood Shopping Center – Report to the Palo Alto City Council for February 11, 2013
Dear Elena,
This report is written to provide the Palo Alto City Council a summary analysis of the historic
Building 1 and Building 2, beginning with permitted construction plans and continuing
chronologically through the conditions of Building 1 and the grocer building, recent
reconnaissance on Building 2, proposed revisions to the historic building elevations, and
concluding with the protocol for proceeding with the construction of the historic buildings and
project. The primary consideration for formulating our proposal in this letter is to ensure best
efforts and outcomes by the project sponsor and its team that will allow completion of this
very important community facility.
EXECUTIVE SUMMARY
! We reviewed the Building 1 and Building 2 construction drawings for historic
conformance and the City-issued demolition and construction permits.
! During construction, we assessed Building 1 and concluded that much of the material
used in its construction was not repairable, was not in good condition, and would need to
be replaced with new materials to match the material, configuration, character and finish
of the original.
! All three walls of the grocery building that were intended to be retained were discovered
during renovation to be in too poor condition and had to be replaced with compatible new
materials. The grocery building was determined by the City to be no longer a historic
resource due to extensive alterations.
! Building 2 was recently discovered to have 23.5% of its original 1957 exterior wall
surfaces remaining including two sections of concrete block, two sections of storefront
glass and wood frames, and most of the original transom windows and window frames.
Most wall surfaces have been replaced at an undetermined date prior to the project
sponsor’s ownership. The window frames were extensively replaced with similar but not
identical wood window frames and are compatible but not as distinctive in design as the
original window frames.
Lee, page 2
! Tenants and official neighborhood leaders request minor revisions to the permitted
elevations, making the buildings appear more in keeping with the “Eichler” style.
! The project sponsor has put into place special protocol and specifications to ensure that
the reconstruction of Building 1 and the rehabilitation of Building 2 can be completed
efficiently and within the parameters of the City’s permitting process and the
requirements of the EIR. We believe that this will result in the successful rehabilitation of
the Edgewood Shopping Center.
SUMMARY ANALYSIS OF BUILDING 1 AND BUILDING 2
I. Construction Plans Permitted by the City of Palo Alto on August 9, 2012
Prior to permitting, Page & Turnbull reviewed the construction drawings that were
prepared by Little Architects and concluded that the proposed project was in keeping with
the historic buildings’ original design and with the Secretary of the Interior’s Standards for
Rehabilitation #5, 6, 7, and 9 as recommended by City staff and the Historic Resources
Board. We issued a letter dated June 14, 2012 to the City of Palo Alto confirming this
review and analysis.
At that time, the construction drawings showed that distinctive materials and architectural
features, finishes and construction techniques would be retained to the extent possible.
The drawings that we reviewed also indicated that deteriorated features proposed for
removal and replacement would be reviewed by Page & Turnbull and approved by the
Director of Planning.
As discussed during Palo Alto Historic Resources Board meetings in 2011, we believed
that adjustments would be made to the exterior of building Buildings 1 and 2 out of a ‘kit
of parts’* that would be compatible with the massing, size, scale, and architectural
features of the original buildings. Item MM CR 2.3 of the EIR anticipated some alteration
of existing character-defining features to accommodate accessibility, public safety and
building code concerns. In addition, the EIR clarified that “the existing building
components may be constructed out of new building materials that match the character
and form of the existing, if reuse of existing building components is not feasible.” For
reference, following is the complete Item MM CR 2.3 of the EIR,
“Distinctive materials and defining architectural features, finishes, and construction
techniques of Buildings 1 and 2 including windows, frames and eaves will be retained
to the extent possible, as the building elements will require some alterations due to
* A ‘kit of parts’ is the concept where four distinct wall materials - concrete masonry block,
wood framed glass storefront, vertical wood siding, and plaster finish - are the ‘parts’ that
variously combine into a ‘kit’ to create the historic Eichler buildings’ characteristic style.
Lee, page 3
ADA compliance, public safety, building code compliance, or deteriorated condition.
The existing building components may be constructed out of new building materials
that match the character and form of the existing, if reuse of existing building
components is not feasible. Prior to the relocation and reconstruction of Building 1
and the rehabilitation of Building 2, a qualified historic preservation architect shall
review the plans for the remodeled buildings and verify that the work on these
buildings is in keeping with the building’s original design and applicable Secretary of
Interior’s Standards for Rehabilitation, such as Standards #5, 6, 7, and 9. The final
design and materials to be used in the renovation of these buildings will be reviewed
and approved by the Director and Historic Resources Planner of the City of Palo Alto
Planning and Community Environment Department.”
It should be noted that the structural drawings of the permitted plans indicate new
concrete block shear walls and Glulam beams to replace the structurally deficient
concrete block walls and beams in Building 1, and new concrete block shear walls to
replace the structurally deficient concrete block walls in Building 2.
II. Conditions of Building 1 and the Grocery Building
On March 5, 2012 and September 10, 2012, a representative from Page & Turnbull
visited the site with the project sponsor, construction manager and contractor to review
the condition of existing materials in Building 1 and Building 2 and to review the
contractor’s attempts to salvage building material as it was removed from Building 1.
During the September site visit, the project sponsor expressed to the team that the
structural engineer had reservations about the structural integrity of the existing Glulam
beams in Building 1 and preferred that they be replaced. Page & Turnbull confirmed that
many of the existing Glulam beams were in poor condition and were splitting and
delaminating.
During the same site visit, the contractor showed that the existing Redwood siding was
splintering as it was removed from the building for salvage and future reinstallation. Page
& Turnbull learned during this site visit that some of the existing wood siding was
replacement siding - - not original siding - - and that in some places, original shiplap
Redwood siding had been replaced with strips of painted plywood.
While we believe that exploratory demolition and testing on the historic buildings should
have been completed prior to the development of construction drawings, that likely would
not have changed our determination that much of the material used in the construction of
Building 1 was not repairable, was not in good condition, and would need to be replaced
with new materials to match the material, configuration, character and finish of the
original.
Lee, page 4
It was also discovered during the recent renovation of the grocery building that it too was
in poor condition and three of its walls which were intended to remain had to be replaced
in their entirety. Its south concrete block wall was comprised of substandard concrete
footings with inadequate steel reinforcing, and its north and west wood framed walls were
highly compromised from dry rot and termite damage. The grocery building had
previously been determined by the City to be ineligible for the California Register due to
extensive alteration, and, therefore it was no longer a historic resource under CEQA.
III. Reconnaissance to Assess the Condition of Historic Building 2 Exterior Walls
On January 10, 2013, the Director of Planning authorized City Planner Elena Lee and
City Historian Dennis Backlund to tour Building 2 with the project sponsor, construction
manager and contractor to observe its condition. Soon thereafter, the City granted
permission to perform very limited reconnaissance consisting of small openings in its
non-character defining interior walls so that the building’s historic exterior skin could be
viewed from inside and its condition assessed.
On January 15, 2013, it was discovered during reconnaissance that only a limited amount
of original exterior wall material remains unaltered for Building 2. The total area of
exterior wall surface is 3,604 square feet and after studying the building’s exterior and
interior small openings, Dennis Backlund concluded that two sections of concrete block
along the building’s south and east walls, totaling 227 square feet (6.3%), two sections of
storefront glass and wood frames along its west wall, totaling 143 square feet (4.0%), and
most of the original transom windows and window frames, totaling 476 square feet
(13.2%), collectively 23.5%, are what remain of the original 1957 exterior. This loss of
original material is not surprising given that there likely have been dozens of tenant
turnovers having different exterior requirements during the building’s 55 years.
That the Building 2 project is a rehabilitation of a building that will not need to be moved
helps in being able to retain more of its remaining original materials. Although our
reconnaissance did not include detailed investigation of the Glulam beams, steel
columns, concrete slab and roof purlins and sheathing for Building 2, we still believe
those components can be re-used and reinforced as necessary per the previously
permitted plans.
The conditions that were discovered in Building 1 prior to its demolition were similar to
Building 2. In addition to losses of original material, Building 1 was generally in worse
condition due, we believe, to its superior visibility and location within the center which
contributed to a more intensive use. This locational advantage not only attracted more
tenant turnover but also tenants that generated higher traffic and heavier use compared
to those in the less visible Building 2.
Lee, page 5
We have researched files of the City of Palo Alto Building Department and other archives
for information about original construction. With the knowledge gained from
reconnaissance of Building 1 and Building 2, it has become clear that Building 1 and
Building 2 appear to have been primarily glass enclosed structures with a wooden or
concrete block wall segment, typically not exceeding 16 feet in width, located midpoint
along each wall.
IV. Tenants and Official Neighborhood Leaders, the Architectural Control Committee,
Propose Exterior Revisions to the Historic Buildings
During the City entitlement process, the buildings’ elevations were only approximated
since future tenant requirements were unknown. With leasing now underway, tenant
space requirements are adjusting exact door locations, and where interior visibility is not
desired segments of wooden walls may replace glass storefront with Neighborhood
Architectural Control Committee (“ACC”) support. Such adjustments conform to the ‘kit
of parts’ composition approved by the Historic Resources Board. These adjustments are
also desired by the neighborhood ACC who believe the proposed revisions will make the
buildings appear more in keeping with the “Eichler” style. We have reviewed the
proposed revisions and endorse them. We understand the Secretary’s Standards for
Rehabilitation must continue to be met, which we judge to be the case with the revisions.
These proposed revisions are shown clouded in the attached exhibits. Along the west
wall of Building 1 the ACC requests replacing the five metal exit and utility doors with
glass storefront doors and transom windows above. And along the south and east walls
of Building 2, Chase Bank’s requirements propose to replace segments of glass
storefront with wood in Eichler style. Unknown future tenant needs may warrant similar
further adjustment to the buildings, all to be endorsed by the ACC and Page & Turnbull
and approved by the City of Palo Alto before any are implemented.
Due to the losses of original building material in Building 2, we propose to preserve an
original 16 feet wide concrete block wall located mid-point along its east wall. This wall is
structurally deficient and per the permitted plans was to be replaced with one having
identical appearance. However, we can retain the original material and character of this
Eichler wall. We will construct a new structural wall to the north and conceal this new
wall behind one of the proposed glass-to-wood exterior revisions described above.
V. Proceeding with Construction of the Historic Buildings and Project
Since the previously approved construction procedure for Building 2 has not been
compromised, a rehabilitation approach under the Secretary’s Standards will continue to
be taken on Building 2. The scope of work described in previously approved permit
drawings will be adhered to following our receiving City and ACC approvals.
Lee, page 6
We recommend that the existing elevations in the previously approved permit set be
updated to indicate areas of removal and replacement of existing materials, and in
accordance with any approved revisions. All proposed removal and replacement should
be clearly indicated on red mark-up, revised permit elevations, reviewed by Page &
Turnbull and approved by the City and ACC before the contractor proceeds. All removed
and salvaged materials will be sorted and stored on site to give Page & Turnbull and the
City officials an opportunity to inspect the materials.
The permitted plans indicate that all existing Building 2 structural elements including
columns, footings, and Glulam beams are intended to remain in place, and reinforced as
necessary. As changes are made during construction to accommodate the existing
conditions, we recommend that the contractor and project sponsor consult with Page &
Turnbull and the City of Palo Alto before proceeding with any work that does not conform
to the permit set.
On November 5, 2012, Page & Turnbull submitted the enclosed Protocol and
Specifications for Salvage, Selective Demolition and Protection to the City that details the
procedure for the documentation, notification, salvage, protection, selective demolition,
and approvals by the City and Page & Turnbull necessary to move forward with the
construction of the historic buildings. On January 10, 2013, Dennis Backlund
recommended approval of the Protocol and Specifications to the Director of Planning.
If the measures described above are adhered to, we are confident that the reconstruction
of Building 1 and the rehabilitation of Building 2 can be completed efficiently and within
the parameters of the City’s permitting process and the requirements of the EIR. We
believe that this will result in the successful rehabilitation of the Edgewood Shopping
Center.
Sincerely,
J. Gordon Turnbull, FAIA
Principal
Enclosure: Protocol and Specifications for Salvage, Selective Demolition and Protection
Page & Turnbull Edgewood Plaza
January 9, 2013 Salvage, Protection, Demolition
1
PROTOCOL AND SPECIFICATIONS FOR
SALVAGE, SELECTIVE DEMOLITION AND PROTECTION
PART 1. GENERAL
Purpose: The rehabilitation of Building 2 and the reconstruction of Building 1 under the Secretary of the
Interior’s Standards for Rehabilitation.
Preface: These specifications are submitted to owner Ho Holdings No. 1, LLC (the “Owner”) and Owner’s
contractor (the “Contractor”) as guidelines for ongoing reconstruction and rehabilitation work on Buildings
1 and 2 of Edgewood Plaza Shopping Center in Palo Alto, California (the “Project”).
As Owner’s consultant, Page & Turnbull (the “Historic Preservation Consultant”) has reviewed the
Project’s permit drawings but is not a part of the Project’s architectural team that prepared the drawings and
is not submitting these specifications as formal construction documents. These specifications are for
guidance only. The City of Palo Alto requires the project applicant to incorporate these specifications into
all construction documents.
Section 1.4(B) of these specifications pertains to both Buildings 1 and 2. All other Sections of these
specifications pertain only to Building 2.
In general, any proposed construction activity for Buildings 1 and 2 that is not in compliance with the
permit plans should be reported by the Contractor or Owner to the Historic Preservation Consultant and the
City of Palo Alto for review and approval prior to commencing work.
All directions for Building 2 are set forth in permit plan sheet T0.4 “ARB Conditions of Approval” and
sheet A4.2.1 “Retail Bldg. #2 Exterior Elevations.” If any proposed construction activity for Building 2 is
not in compliance with sheets T0.4 or A4.2.1 then the Contractor shall receive written approval from the
Historic Preservation Consultant and the City of Palo Alto prior to commencing work.
1.1 SUMMARY
This Section includes the following:
A. Demolition and removal of selected portions of building or structure as shown on the permit
plan drawings.
B. Salvage of existing items to be reused as shown on the drawings.
1.2 REFERENCES
U.S. Department of the Interior, National Park Service: The Secretary of the Interior’s Standards
for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring
& Reconstructing Historic Buildings.
1.3 DEFINITIONS
Historic Fabric: Architectural and structural materials and finishes constructed during the
buildings’ Period of Significance. Most, but not all, historic fabric is identified on the permit plan
Page & Turnbull Edgewood Plaza
January 9, 2013 Salvage, Protection, Demolition
2
drawings. It is the intent of this Section and this Project to maintain and restore as much historic
fabric as possible.
1.4 SUBMITTALS
A. Photographs of Existing Conditions of Building 2
Prior to commencement of selective salvage, demolition and protection work for Building
2, submit photographs of existing damage on surfaces that might be misconstrued as
damage related to selective salvage, demolition and protection operations.
B. Samples and Mock-ups
1. Samples of exterior materials for Buildings 1 and 2: Clearly label samples of all
replacement exterior materials and submit photographs and samples as required by
the Historic Preservation Consultant for approval prior to their installation. Such
exterior materials may include concrete block, windows and window frames, new
storefronts, plaster and stucco finish, Glulam beams, wood wainscot, and any other
exterior replacement materials.
2. Mock-ups of Buildings 1 and 2: After acceptance of the exterior materials and
proposed method of reconstruction, repair or refinishing, a representative sample
area shall be reconstructed, repaired or refinished. Obtain acceptance of the mock-up
from the Historic Preservation Consultant before proceeding with remainder of the
procedure.
C. Quality Control
If alternative methods and materials to those indicated on the permit plans are proposed for
any phase of work, provide written description to Historic Preservation Consultant and City
of Palo Alto for review and approval prior to commencing work.
1.5 PROJECT CONDITIONS
A. Required Care in Selective Salvage, Demolition and Protection operations
1. The work seeks to preserve historic fabric and to protect, salvage and reuse selected
building materials.
2. Building materials shall be considered fragile and must be removed, restored,
modified and handled with care. Historic materials damaged during selective salvage
and demolition operations may not be available for replacement; to remedy such
damage repair and restoration shall be required. Protection of existing materials and
items is of great importance.
3. Contractor shall be responsible for restoration of materials and finishes damaged
during selective salvage and demolition activities. Where damaged materials and/or
finishes are beyond repair or restoration, Contractor shall be responsible for
replacement in kind. The City of Palo Alto shall be notified of damage to materials
and finishes and the plan for replacement prior to the removal of damage materials
and finishes.
B. Selective Removal and Salvage
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1. Materials or items indicated on the permit plans to be salvaged shall be removed
with care and stored in a designated storage area or facility. The City shall approve
any materials or items proposed to be removed.
2. Each material or element indicated to be salvaged shall be carefully crated and
packed to prevent damage during transportation and storage. No salvaged materials
shall be removed from the site or altered without City approval.
C. Protection
1. Protection: Construct temporary barricades and other forms of protection as may be
necessary to fully protect existing building and all existing materials and items to
remain.
2. Cover and protect existing materials when demolition work is performed in areas
where existing materials have not been removed.
3. Cease operations and notify Owner and Historic Preservation Consultant
immediately if safety of structure appears to be endangered; take precautions to
properly support structure. Do not resume operations until safety is restored.
D. Existing Conditions
Notify Historic Preservation Consultant and City of Palo Alto of discrepancies between
existing conditions and Drawings before proceeding with selective demolition.
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PART 2. PRODUCTS
2.1 MATERIALS
A. Verify with Historic Preservation Consultant and the City of Palo Alto the extent of
materials to be retained prior to beginning selective demolition.
B. Maintain possession of materials being removed unless otherwise noted.
C. Carefully remove, store, and protect materials indicated for reinstallation; where stored
materials are damaged, repair to original condition or replace with new undamaged
materials. Notify City of Palo Alto prior to discarding and replacing any damaged
materials.
2.2 STORAGE AND HANDLING
A. Every effort must be made to use and reuse materials that are original to the structure.
When removed from their rightful place, these materials must be stored under cover inside
the building or on the site where they cannot be damaged.
B. Salvaged materials and items shall be stored under cover inside the building or on the site
where they cannot be damaged.
C. If salvage material is to be reused, treat it as new or original material with regard to its
storage.
2.3 PROTECTION AND SALVAGE MATERIALS
A. All necessary precautions shall be taken to protect all parts of the building not being
repaired from effects of the work.
B. Provide protection against the spread of dust, debris and water at or beyond the work area
by suitable enclosures of sheeting and tarpaulins.
C. Provide masking or covering on adjacent surfaces. Secure coverings without the use of
adhesive type tape or nails. Impervious sheeting that produces condensation should not be
used.
D. Scaffolding, ladders and working platforms, required for the execution of this work should
not be attached to the building.
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PART 3. EXECUTION
3.1 EXAMINATION
A. Survey existing conditions and correlate with requirements indicated to determine extent of
selective demolition required.
B. Inventory and record the condition of items to be removed and reinstalled and items to be
removed and salvaged.
3.2 PROTECTION
A. Protect all elements that are to remain and are exposed during selective salvage, demolition
and rehabilitation operations.
B. Construct temporary protection at existing elements indicated to remain, to prevent damage
to or marring of materials and items. Protection shall be of required size and thickness to
withstand impact from falling debris, rolling equipment and objects; residue and droppings
from all construction related activities.
C. Protective materials shall not be anchored directly to the item being protected. Prevent
direct contact between protective assemblies and existing elements or materials by use of
spacers, corrugated cardboard, quilted pads, kraft paper, non-moisture retentive padding, or
other adequate means.
For Plaster, Stucco and Wainscot: provide hard barrier protection to prevent damage from
construction activities.
3.3 SALVAGE AND REMOVAL
A. Salvage and Removal: Where indicated on permit plan drawings to be ‘removed, salvaged
and reinstalled’ and ‘removed and salvaged,’ carefully remove indicated materials and
items, and store under cover inside the building or on the site where they cannot be
damaged, or pack or crate for transport to storage area. Maintain any storage area for the
duration of the Project. Storage areas and methods of storage shall be approved by the
City.
B. Removal and Demolition: Demolish and remove existing construction as indicated only
after protection, catalog, documentation and salvage operations have been completed. Use
methods required to complete work within limitations of governing regulations and as
follows:
1. Proceed with selective salvage, demolition and protection systematically.
2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use
cutting methods least likely to damage construction to remain or adjoining
construction. To minimize disturbance of adjacent surfaces, use hand or small power
tools designed for sawing or grinding, not hammering and chopping. Temporarily
cover openings to remain.
3.4 SELECTIVE DEMOLITION
A. General: Demolish and remove existing construction only to the extent required by new
construction as indicated on permit drawings. Use methods required to complete the work
within limitations of governing regulations and as follows:
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1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use
cutting methods least likely to damage construction to remain or adjoining
construction. Use hand tools or small power tools designed for sawing or grinding,
not hammering and chopping, to minimize disturbance of adjacent surfaces.
Temporarily cover openings to remain.
2. Do not use cutting torches until work area is cleared of flammable materials. At
concealed spaces, such as duct and pipe interiors, verify condition and contents of
hidden space before starting flame-cutting operations. Maintain portable fire-
suppression devices during flame-cutting operations.
3. Locate selective demolition equipment and remove debris and materials so as not to
impose excessive loads on supporting walls, floors, or framing.
B. Removed and Salvaged Items:
1. Clean salvaged items.
2. Store under cover inside the building or on the site where they cannot be damaged.
C. Removed and Reinstalled Items:
1. Clean and repair items to functional condition adequate for intended reuse.
2. Store under cover inside the building or on the site where they cannot be damaged.
3. Protect items from damage during transport and storage.
4. Reinstall items in locations indicated. Comply with installation requirements for
new materials and equipment. Provide connections, supports, and miscellaneous
materials necessary to make item functional for use indicated.
D. Existing Items to Remain: Protect construction indicated on permit plan drawings to
remain against damage and soiling during selective demolition. When permitted by
Historic Preservation Consultant, items may be removed to a suitable, protected storage
location during selective demolition and reinstalled in their original locations after selective
demolition operations are complete.
3.5 REPAIR
Repair damage to adjacent construction caused as a result of selective demolition work.
END OF SPECIFICATIONS
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