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HomeMy WebLinkAbout2001-04-02 City Council (8)City of Palo Alto City Manager’s Report 6 TO:.HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: APRIL 2, 2001 CMR:183:01 777 BRYANT STREET: APPEAL OF THE DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT’S APPROVAL, AFTER REVIEW AND RECOMMENDATION BY THE ARCHITECTURAL REVIEW BOARD/HISTO.RIC REVIEW BOARD, OF AN APPLICATION BY SUMMERHILL HOMES. TO ALLOW CONSTRUCTION OF A 30-UNIT, FOUR-STORY CONDOMINIUM COMPLEX, SUBTERRANEAN PARKING GARAGE AND RELATED SITE IMPROVEMENTS. ZONE DISTRICT: AMF. FILE NUMBER 00-ARB-111. RECOMMENDATION Staff recommends that the City Council deny the appeal and uphold the Director of Planning and Community Environment’s approval of the proposed project. PROJECT DESCRIPTION The applicant is proposing to construct a 53,310 square-foot, four-story condominium Complex, a subterranean parking garage containing 78 parking spaces, and related site improvements. The building would contain 30 condominium units yielding an overall density of 37 units per acre. The project would be located on the southwestern comer of Block A of the property formerly owned by the Palo Alto Medical Foundation (PAMF). The site consists of one parcel totaling 35,540 square feet or 0.82 acres on the block bounded by Homer and Forest Avenues and Bryant and Waverley Streets. The proposed building footprint would be 15,364 square feet at grade, resulting in a site coverage of 43 percent. The proposed building would be set back 15 feet from Homer Avenue and the existing building CMR:183:01 Page 1 of 11 at 737 Bryant Street,’ and 16 feet from Bryant Street and the existing Williams House to the east. ~ " Parking would be on two subterranean levels and would provide 78 uni-stalls, including three standard stalls and one van accessible stall. Each parking level extends about 10 feet below grade. Vehicular access to the site would be provided from a single, two-way driveway on Homer Avenue that connects to the parking levels. Pedestrian access would be provided from two primary entries on Homer Avenue into the courtyards. Transit access would be provided from existing bus stops on Channing and Homer Avenues and Ramona Street. Bicycle access would be provided by an existing bike boulevard located along Bryant Street. The building architecture would be traditional, with a modem interpretation of the Craftsman Stucco Style that is intended to complement the design character of the adjacent neighborhood. Building materials and features include beige stucco siding, sloping roofs, front porches, divided light windows, and a dark composition shingle roof. Please refer to the applicant’s written description and plans for further details regarding the project. Photographs and plans will be presented at the meeting. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS The proposed project has been reviewed by the South of Forest Area (SOFA) Architectural Review Board/Historic Resources Board (ARB/HRB) at three meetings (July 12, 2000, September 7, 2000 and November 2, 2000). On July 12, 2000, the applicant provided an overview and history of all three projects on Blocks A and B. The ARB/HRB conducted a preliminary review of the project on September 7, 2000. The ARB/HRB generally supported the site planning, architecture and landscape components of the project, and were generally in favor of the project contingent on several design revisions, including provision of additional details on building materials and solar/shadow studies. The applicant incorporated these details into the revised plans dated October 13, 2000. The Architectural Review Board/HiStoric Resources Board reviewed the revised plans for the project on November 2, 2000. At the conclusion of the meeting, the ARB/HRB recommended 6-0 that the Director of Planning and Community Environment approve .the project with the conditions contained in the October 19, 2000 staff report subject to subsequent review of project details, including building colors and materials, trash, lighting, roof materials, a sustainability study and acoustical study. The Director of Planning and Community Environment approved the project on January 25, 2001 with the conditions recommended by the ARB/HRB in addition to three conditions required by the Director. These three conditions provided for a third party architectural review of the project to ensure its consistency with the design approved by the ARB/HRB as well as to ensure compatibility with the neighborhood. Public testimony regarding the project was also taken at each meeting. The concerns expressed by the public focused mainly on the scale and massing of the building. A detailed CMR:183:01 Page 2 of 11 summary of the project is contained in the ARB/H staff report dated October 19, 2000 (Attachment. D). Verbatim minutes from these meetings are also attached to this report (Attachments E, and F). DISCUSSION On February 7, 2001, an appeal of the project approval was filed by Steve Reyna and Aysen Kutlu (Attachment B). The appellant’s areas of concern are summarized below, and responded to individually by staff. The numbering of the concerns and responses corresponds to the organization of the appellant’s letter. Direct citations from the appellant’s letter are shown in quotation marks. ARB/HRB Review Process 1. Appellant Concern: The ARB/HRB "operated under conflicting directions between satisfying the SOFA Coordinated Area Plan (CAP) and perceived guarantee from the Development Agreement. An example of this is how Staff and the applicant stated that FAR \~as guaranteed." Staff Response: At several of the ARB/HRB meetings, staff explained that each of the non-single t~nily projects proposed within the SOFA area is subject to the policies and standards in the SOFA CAP as well as the provisions in the Development Agreement. Staff further explained that the Development Agreement and the SOFA CAP \vere both approved by the city Council and found to be consistent. Each project must comply with both documents. 2. Appellant Concern: "Significant elements of the standards for. review of the ARB (PAMC 16.48.120) were not included in the ARB/HRB consistency review standards." Omitted review findings include consistency with the Comprehensive Plan, and site development characteristics such as lot size, building coverage, setbacks, building and height. Staff Response: The process for review of projects by the ARB/HRB was developed by the City Attorney and Planning staff to specifically address the intent and procedures established in the SOFA CAP, ARB fmdings (PAMC 16.48.120) were not included because the ARB/HRB review process is unique to the SOFA area and differs from typical ARB project review. Consistency with Comprehensive Plan policies as well as review of site development characteristics such as lot size, building coverage, setbacks, building and height are included in the ARB/HR_B staff report (Attachment D). 3. Appellant Concern." Members of the ARB/HRB "stated objections about constraints placed on their ability to have a full and proper design review, including CMR:183:0i Page 3 of 11 references to having their hands tied. The members went on record describing the project as incompatible while not having the freedom to vote on the design, only details." Staff Response: At the beginning of the process that was established for review of the PAMF/SOFA projects, some ARB/HRB members expressed frustration at their role in reviewing projects vis-a-vis the Development Agreement. Concerns involved the ARB/HRB process and how it differed from the typical ARB process; and the conditions of the Development Agreement. Alter several meetings, ARB/HRB members became more comfortable with the process, provided valuable comments and suggested revisions to all aspects 0fthe project including overall building design, site planning, height, mass, articulation, fenestration, materials, colors, and landscaping as well as building details such as porches, roof eaves, dormers, chimneys, etc. Revisions included in the final set of architectural plans reflected, to a significant extent, the design recommendations made by the ARB/HR.B members. The appellant comment above describes comments by the ARB members that were directed at the Block B condominiums, and not this project on Block A. This project was recommended for approval with a 6-0 vote by the Board. ~ 4. Appellant Concern." "An ARB member’s term expired in September 2000 making him ineligible to participate in the ARB/HRB joint board, thus rendering any subsequent votes invalid." Staff Response." Robert Peterson volunteered to serve on the ARB/HRB at its inception and agreed to continue serving on the ARB/HRB following his retirement from the ARB. Mr. Peterson was appointed by the Director of Planning and Community Environment as Chairman of the ARB/HRB prior to the meeting on July 12, 2000. The Director accepted Mr. Peterson’s offer to continue his role on the ARB/HRB alter September 2000 to ensure consistency- through completion of the PAMF/SOFA projects. 5. Appellant Concern: "Project approvals are supposed to be acted on by the Director within 3 working days of the ARB/HRB approval. The ARB/HRB voted to approve the Block A AMF (Attached Multi-Family) project on November 2, 2000. The Director signed the approval on January 25,2001." Staff Response: ARB projects typically are approved by the Director within three working days from the date of recommendation by the ARB. The SOFA CAP does not specify a time frame within which the Director must make a decision (Chapter IV, Section A1 .II "All otheruses" on page 84 of the SOFA CAP). The intent of the SOFA CAP is to provide a review process that is unique to the SOFA area by CMR:183:01 Page 4 of 11 having allnon-single family projects reviewed by a joint review board consisting of representatives form the ARB and HRB. Because of community sensitivity to projects in the SOFA area, staff retained a third party architectural consultant to review the. plans for the condominium projects proposed on Block A and Block B after ARB/HRB review was complete. The architect had several detailed suggestions for improving detailed components of the buildings (such as porch columns and roofs). As a result, the Director added two conditions to ensure that the building permit plans are compatible with the architectural style envisioned by the ARB/HRB. The third party review required additional time and resulted in the Director’s approval later than the typical ARB approval period. Project Deficiencies 6. Appellant Concern: "The project is not consistent with the PAMF/SOFA policy framework adopted by the City Council on September 22, 19,97; to promote high quality design and construction that preserves and continues the existing character of the area, including the scale of the development, the high degree of visual interest, and the variety of compatible land uses within a historic pattern." Staff Response: The ARB/H staff report dated October 19, 2000 (page 10) is quoted in the appellants’ letter as follows: "The FAR, mass and height of the proposed project exceed that of most buildings in the vicinity." The appellants’ letter ¯ omits the following sentence in the staff report which reads: "However, they are within that allowed by the SOFA CAP and are specifically provided for in the Development AgreementI approved by the City Council for this site." The staff report continues by noting that proposed revisions have improved the architectural design of the building; the perceived mass and height have been softened in several ways by the design and layout of the building on the lot; and all building frontages provide pedestrian interest with ample fenestration, porches, and landscaping on the ground floor and varied materials, window openings and building articulation on the upper floors. On this basis, staff concluded that the project, as revised, was consistent with the policies and standards contained in the SOFA CAP and recommended approval based on the findings and conditions contained in the staff report. 7. Appellant Concern: "The project is not consistent with the Comprehensive Plan. ’Maintaining the physical qualities of the City is an overarching consideration, incorporated in all parts, of the Plan...’ The larger scale, massing and height of the AMF development does not promote compatibility and preservation ’ofnei ~ghborhood character, as Policy L-12 requires. The 48-foot height of the Block A AMF is twice that of the adjacent Williams House." CMR: 183:01 Page 5 of 11 Staff Response: The ARB/HRB staffreport dated October 19, 2000 evaluates the consistency of the project with relevant Comprehensive Plan policies (pages 2 and 3) as well as consistency with SOFA CAP policies (pages 3 and 4) and concludes that the project is consistent with both policy documents. The staff report includes findings for a minor exception to building height as required by the SOFA CAP (Attachment C of the ARB/HRB staff report). Please see the staff response to appellant concern # 10 regarding building height (below). Also, the Council’s review of the Development Agreement on March 27, 2000 identified the Block A development as "...approximately 30-34 AMF condominium units, four 4th floor units with an FAR of 1.5" (CMR:192:00).. It should be noted that the proposed affordable housing project would be developed to the same AMF standards (including density), design guidelines and SOFA Policies as this project. 8. Appellant Concern: "The project is not consistent with the SOFA CAP policies. Specifically, Policy H-6 states housing types in the plan area should include a range of densities and should be suitable for various ages, household sizes, lifestyles and incomes. Twenty-nine of the 30 units are two bedroom and very similar in size, thus targeting the same income bracket." ¯ Staff Response: The intent of Policy H-6 is to provide for a range of housing types within the SOFA area, not necessarily within each project. The project would provide 29 two-bedroom units and one single-bedroom unit. The unitswould range in size from 1,139 to 1,775 square feet. The mix of units is limited by the space available in the underground parking garage and .the SOFA CAP parking requirements. The parking garage is limited to 78 parking spaces, 65 of which are required by the condominiums and 13 of which are dedicated to the adjacent project at 737 Bryant Street. The SOFA CAP parking standards require 1.25 spaces for studios, 1.5 spaces for one-bedroom units, and two spaces for two-bedroom units. Redistributing the mix of units would require additional parking-spaces. For example, separating a two-bedroom unit into one one-bedroom unit and one studio would increase the number of required parking spaces from two to three. Any corresponding division of units would result in a proportional increase in required spaces. Furthermore, Policy H-6 is addressed more completely through the implementation of the entire Development Agreement with SummerHill Homes. This would include the development of attached market rate multi-family units, as well as detached single family units. Within this context, the types of residential units that would resultfrom the implementation of the development agreement would include a variety and range of condominiums, new single family houses, carriage units, rehabilitation of historic CMR:183:01 Page 6 of I 1 houses and. below market rate rental units for families. Therefore, it is in conformance with Policy H-6. 9. Appellant. Concern: "The project is not consistent with the SOFACAP AMF Design guidelines." The project does not provide a variety of unit sizes. The height of the building is four stories where four stories is only allowed under exceptional circumstances. Staff Response: AMF Design Guideline 4. l(e) states "The use of a variety of unit sizes and floor plans is strongly encouraged,.." All projects designated AMF are evaluated by staff for compatibility with this guideline and all other relevant design guidelines in the SOFA CAP. The project is generally consistent with these guidelines, but it does not provide a mix of units because of the constraints created by the size of the parking garage and the SOFA CAP parking requirements. Please see the staff responses to appellant concern #8 regarding the mix of housing units. The four-story height is required to provide the three units on the fourth floor. That portion Of the building that is four stories is minor in extent and enhances the design of the project. Please see the staff response to appellant concern #10 regarding building height (below). The March 27, 2000 review of the SOFA CAP and Development Agreement identified that the Block A development would have 4th floor units (CMR: 192:00). 10. Appellant Concern: " The project is not consistent with the SOFA CAP Attached Multi-Family (AMF) Development Standards." The development has a roof height of 48 feet where the AMF standards limit height to a maximum of 45 feet. Staff Response: The SOFA CAP provides for minor exceptions, in this case building height above 45 feet, provided that findings can be made. Staff prepared f’mdings for approval of this exception which were reviewed and recommended for approval by the ARB/HRB (see Attachment C of the ARB/HRB staff report). Portions of the roof of the fourth floor of the building exceed the 45-foot height limit established in the SOFA CAP. The portion of the roof that exceeds the 45-foot height is limited to the central portion of the building and encloses the three units on the fourth floor. This portion of the roof extends to a maximum of. 48 feet in height for approximately 15 percent of the total roof structure. Staff supports this additional heightfor several reasons: 1) the excess height provides the opportunity for a pitched roof, rather a flat roof, which is more consistent with the architectural style of the building; 2) that portion of the roof that exceeds 45 feet is limited to 3 feet in vertical elevation and 15 percent of the entire roof structure and would only be partially visible from the public right-of-way; and 3) the project is otherwise CMR: 183:01 Page 7 of 11 consistent with the Comprehensive Plan and SOFA CAP. Therefore, staff believes that the intent of the SOFA regulations has been met.. Furthermore, while the issue of massing was raised by some of the HRB members, the f’mal height was never raised as an issue. The ARB/HRB main focus of design review was how the design responded to the pedestrian street level. The developer’s architects made their major revisions to address this review in terms of street scale, materials and relationship to the Roth Building and the museum. 11. Appellant Concern: "The project is not consistent with the Development Agreement. The Development Agreement declares that ’the City. desires to obtain the binding agreement of PAMF for the development of the property in accordance with the provision of this agreement, the SOFA CAP, and the various approvals and conditions related thereto.’ As described above, the project is not consistent with the SOFA CAP, and is therefore not consistent with the Development Agreement." Staff Response." Please see the staff responses to appellant concern #1 regarding the SOFA CAP and the-Development Agreement (above). The project is also consistent with the Council’s review and direction of the Development. Agreement and SOFA CAP (CMR: 192:00 and CMR:218:00). 12. Appellant Concern." "The exceptions approved were based on inadequate findings." Finding 1: Consistency with the SOFA CAP: a) Policy L-8 is a SOFA Phase II policy, b) Policy H-l: The project provides 30 new housing units, although it uses maximum FAR and heightwhile providing only the minimum density required, c) Policy H-6 states that housing types in the plan area should include a range of densities and should be suitable for various ages, household sizes, lifestyles and incomes. All but one of the 30 units are two bedroom and similar in size, thus targeting the same income bracket. Finding 2: The exception does not relate to a minor feature. Finding 3" An enhancement would not be achieved by the exception that would not otherwise be achieved through reducing the mass of the building. Finding 4: Consistency with the Comprehensive Plan. a) Policy L-9 does not apply, b) Policy B-21 does not apply. CMR:183:01 Page 8 of 11 Staff Response: Staff prepared f’mdings for approval of this exception which were reviewed and approved by the ARB/HRB (see Attachment C of the ARB/HRB staff report). a) Finding 1: Consistency with the SOFA CAP: a) Policy L-8 is included in the SOFA CAP Phase I document, but is subject to modification and implementation in Phase II. Phase 1 of the SOFA CAP calls for a mix of uses and includes a mixed use overlay on a portion of Block C adjacent to the project site; consistent with this policy, b) Policy H-l: The project does, in fact, provide only the minimum density required (30 units per acre where the maximum allowed is 50 units per acre; and c) Please see the staff response to appellant concern #8 regarding Policy H-6 (above). b) Finding 2: Staff believes that a three-foot exceedence of a total allowable building height of 45 feet over a 15 percent portion of the building is, in fact, minor and is consistent with the intent of the SOFA CAP provisionsfor minor exceptions. The SOFA CAP (page 87) indicates that an exception can be considered minor in scope when it: 1) involves only a small portion of the structure, 2) does not involve major architectural features and 3) meets other requirements that may be established by the Director of Planning and. Community Environment. The three-foot exceedence represents less than seven percent of the total allowable building height of 45 feet. That portion of the building that exceeds the height limit is confined to only a small portion of the roof (about 15 percent of the structure). The SOFA CAP provides that the Director of Planning and Community Environment sha!l make the determination of what constitutes a minor exception and he has determined that this case is a minor exception. c) Finding 3: Reduction of the building mass could, in fact, eliminate the need for the height exception. Such a reduction, however, would affect the coherency of the building design, particularly the pitch of the roof at the fourth floor elevation which contributes to the Craftsman style of the building. Reduction of the building mass also could result in a loss of housing units. At its meeting of February 20, 2001, Council members discussed the need for additional housing in the project proposed at 800 High Street (in the SOFA Phase 2 area) and in the City in general to improve the jobs/housing balance throughout Palo Alto. A reduction in the mass of this, and other buildings inthe SOFA area, would undoubtedly reduce neighbors’ concerns about bulk and mass of new buildings. However, such a reduction would affect the positive CMR: 183:01 Page 9 of 11 contribution made by this and other PAMF projects to the citywide jobs/housing balance. Overall, the PAMF projects are proposing to contribute 86 new housing units on Blocks A and B as well as 20 new units on Blocks C, D, E and F. d) Finding 4: a) Staffbelieves that the project is consistent with Policy L-9: "Enhance desirable characteristics in mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development. " The project proposes a multiple family residential use which contributes to the mix of existing residential, office and commercial, uses in the area, and contributes to a desirable neighborhood character by including street trees and pedestrian amenities (improved sidewalk and landscaping) at ground level; b) Staff believes that the project is consistent with Policy B-21 "Maintain uses in the South of Forest Area (SOFA) that complement the Downtown business district, allow for the continued operation of automotive service uses, and serve the needs of nearby neighbortloods. " The project provides 30 housing units close to Downto\vn services, transit, and local serving retail uses. Appellants’ Supplemental Issues -- Block A AMF -- March 27, 2001 13. Appellant Com’crn. We have a supplementary issue to add to our appeal of the 777 Bryant (Block A AMF) application. This issue is summarized as follows: -Required elements of the building were not counted when totaling FAR. Staff Response The appellants have raised an issue regarding the calculation of floor area in their communication entitled "Supplemental Issues Block A AMF Appeal" (March 27, 2001), Attachment B. The appellants contend that two stairwells on the third floor and a mechanical room on the fourth floor were not included in the calculation of floor area for the building. The applicant and project architects are aware of the City’s definitions for calculating floor area and would revise building permit plans to comply with the applicable code requirements, as necessary. These code issues do not constitute non-conformance with the SOFA CAP, and therefore, are not grounds for reversing the director’s decision. ENVIRONMENTAL REVIEW The project is subject to environmental revi6w under provisions of the California Environmental Quality Act (CEQA). An environmental impact report (EIR) was prepared for the SOFA CAP including the project. The EIR was reviewed and certified by the City Council on March 27, 2000. The project, as currently proposed, has been reviewed in CMR: 183:01 Page 10 of 11 comparison with the project that was evaluated in the EIR. Staff has determined that the current project is consistent with that evaluated in the EIR and, therefore, no subsequent environmental analysis is required. Copies of the EIR and the findings made by the City Council pursuant to CEQA (Resolution No. 7950) are available for public review in the Planning Department on the Fifth Floor of City Hall. ATTACHMENTS A. Location Map B. Appellant’s Letter and Supporting Materials, dated February 7, 2001 and March 27, 2001 C. Letters from SummerHill, dated March 28, 2001, and Berliner Cohen, dated March 27, 2001 D.ARB/HRB Staff Report dated October 19, 2000 (including attachments) E.Excerpts of the ARB/HRB minutes of July 12, 2000 (Council Members only) F.Excerpts of the ARB/HRB minutes of November 2, 2000 (Council Members only) G.Plans (Council Members only) PREPARED BY: DEPARTMENT HEAD REVIEW: G. EDWARD Director of Planning and Community Environment CITY MANAGER APPROVAl: EMILY Assistant City Manager CMR:183:01 Page 11 of 11 Emerson St H flh St Alma St | m D. | D | D | i ~,Blocks and Parcels Included in the Proposed Development Agreement SOFA Key March 27,2000 Attachment CITY, OF PALO ALTO, CA- CITY’ CLERK’S OFFICE CITY OF PALO ALTO Office of the City Clerk 01 fEB -’/ P}t 5:18 APPEAL FROM THE DECISION OF DIRECTOR. OF PLANN~iI~I~;i AND COMMUNITY ENVIRONMENT (ARCHITECTURAL REVIEW APPLIGATIONS) To be filed in duplicate LOCATION OF PROPERTY: Assessor’s Parcel No. 13.,.~ -! Street Address "7 "7 "7" "" !~rj,),~ ,~,. Name’of Property Owner (if other than appellant) Property Owner’s Address. "7 "7’ ? ("’0 It’-~ ,’(~.’~. Street" / Zone District City /" ZIP / -"/ The cieclslon of the Director of Planning and Community Environment dated (original applicant) for architectural review was ~lOpr’~.~7/ (a’pl~roved/d e nied) , is.hereby appealed for the reason.s stated in the attached letter (in duplicate). Date ~F~’b, 7"/~O0 /Signature of Appellant CITY COUNCIL DECISION: Date Remarks and/or Conditions: Approved ’Denied SUBMrFrAL REQUIREMENTS SATISFIED: 1.Plans 2.Labels 3.Appeal Application Forms 4.LeRer 5.Fee By: By: .~~ By: By: 12189 NOTICE OF APPROVAL BY THE PLANNING DIRECTOR FOR A 30 UNIT CONDOMINIUM COMPLEX AT 777 BYRANT On November 2, 2000 the ARB/HRB reviewed and recommended approval of an application.for construction of a 30 unit condominium complex on Block "A" of the property formerly occupied by the Palo Alto Medical Foundation. Staff has determined that the project is consistent with the policies, programs and intent of the South of Forest Area Coordinated Area Plan (SOFA CAP) provided that a minor exception for building height is allowed. The Director of Planning and Community Environment has reviewed the project, the AP, B/HRB recommendation and has approved the project subject to the findings and Conditions. The approval of this project is granted in accordance Chapter IV Section A "Review Procedures" of the Southof Forest. Area Coordinated Area Plan (SOFA¯CAP). The approval is for a "coordinated development permit" as specified in Section 19.10.060 of the Palo Alto Municipal Code. This permit will become effective eight working days following the mailing of this notice, unless~ an appeal is filed as provided by as Chapter 16.48 of the Palo Alto Municipal Code. The project is located at 777 Bryant Street. Below is a briefdescription of the application for the project. ’Plans,-findings and conditions are on file at City Hal and may be ,reviewed weekdays, between 8 AM and 4 PM, at the Developmenl Center, 285 Hamilton Avenue. For further information, please call Bhavna Mistry at (650) 329-2441. 777 Br)’ant Street (File #00-ARB-111): Application for a Coordinatec Development Permit and minor exception to building height for a 30 unit fou story eond0minium e0mplex, subterranean parking garage and related sit, improvements at 777 Bryant Street. Environmental Assessment: A- Environmental Impact Report has been prepared subject to the Californi Environmental Quality Act. Zone District (AMF). You may appeal this decision by submitting ¯ written request to he (2it,/Clerk. "/’his request must: be received by Clerk by 5:30 PM on February 7, 2001. If no ¯ppeal is filed With the Clerk by that time. the Director’s decision will be final. If you wish to appeal ~his item, you may contact the Planning Department (329-244 l) for assistance, If you challenge this lar use decision in ourL you may be limited to raising only those issues you or someone else raised at an appeal heating or wrinen correspondence ddiver~d to the City ot’Palo Alto. at or prior to the appeal heating. Appeal of 777 Bryant (Block A AMF)Application 00-ARB- 111 Dear Council Members, We agree with the intention and goals of the South of Forest Area Coordinated Area Plan (SOFA CAP) including the housing density. However, the implementation does not conform with the policies, programs or intent of the SOFA CAP. Failures in the process prevented project deficiencies from being corrected. As a consequence, we are appealing the Director of Planning’s decision to approve the Coordinated Development Permit for the application by SummerHill Homes for construction of a 30 unit four story condominium complex, subterranean parking garage and related site improvements at 777 Bryant Street with a minor exception to building height. Our goal with this appeal is: 1.Get a decision based on a flawed process vacated, 2.Have a full and proper ARB/HRB review which will bring the project into conformance with the policies, programs or intent of the SOFA CAP. We believe a proper ARB/HRB review can result in a project that is compatible with the existing environment and that we can all be proud to put our names on. There is a special concern with this development as it gives away public land for private development purposes. An easement on the Williams House driveway has been granted. Our appeal is based on. but not limited to, the following reasons: ARB/HRB Review Process Issues s Conflict in direction ¯ ¯ While the SOFA CAP clearly states that "Compliance with both (Development) Standards and (Design) Guidelines is required for approval of a development project within the SOFA Plan Area", the review board operated under conflicting directions between satisfying the SOFA CAP and perceived guarantee from the ¯Development Agreement. An example of this is how staff and the applicant stated that FAR was guaranteed. When conflicting rules exist, the most stringent applies. An applicant is not allowed to pick and choose which conditions they wish to satisfy. For example, FAR (with or¯ without a development agreement) is not allowed to override compliance with other development standards. Truncated ARB/HRB Review Guidelines ¯ Significant elements of the Standards for review of the ARB (PAMC 16.48.120) were not included in the ARB/HRB consistency review standards. One of the justifications given for omitting 16.48.120 findings is "the finding has been committed by the development agreement". (Aug 23, 2000 ARB/HRB Memorandum, Attach. A, the very document which is titled "All Approvals shall February 7,2001 Appeal of.777 Bryant (Block A AMF) "Application 00-ARB-I 11 be consistent with the CAP") Omitted review findings include: consistency and compatibility with the Comp Plan; site development characteristics such as lot size, building coverage, setbacks, building height; the ability to make recommendations more restrictive than Title 16 and/or Title 18 (PAMC 16.48.120 (c)) ARB/HRB members express dissatisfaction with process ¯ Members of the review board stated objections about constraints placed on their ability to have a full and proper design review, including references to having their "hands tied". As a consequence of this constrained process, the members went on record describing the projects as incompatible while not having the freedom to vote on the design, only details. The ARB/HRB votes of record reflect only a vote on these details, and do not reflect a vote of approval on the projects. Review Process Violations o Board member ineligibility ¯ An ARB member’s term expired in September 2000 making him ineligible to participate in the ARB/HRB joint board, thus rendering any subsequent votes invalid. s Late Approval ¯ Project approvals are supposed to be acted on by the Director of Planning and CommunitY Environment within 3 working days of the ARB/HRB approval. The ARBPrlRB voted to approve the Block A AMF project on November 2, 2000. The Director signed.the approval on January 25, 2001. Project Deficiencies 6.The project is not consistent with the PAMF/SOFA CAP Policy Framework adopted by the City Council on September 22, 1997. "Promote high quality design and construction that preserves and continues the existing character of the area, including the scale of development, the high degree of visual interest; and the variety of compatible land uses within a historic pattern." ¯"The FAR, mass and height of the proposed project exceed that of most buildings in the vicinity." (staff report, October 19, 2000) s The project is not consistent with the Palo Alto Comprehensive Plan 1998-2010. "Maintaining the physical qualities of the City is an overarching consideration, incorporated in all parts of the Plan .... " (Comp Plan, page 1-3) February 7, 2001 2 Appeal of 777 Bryant (Block A AMF)Application 00-ARB-111 ¯The larger scale, massing and height of the AMF development does not promote compatibility and preservation of neighborhood character, as Policy L-12 requires. ¯The 48 foot height of the Block A AMF is twice that of the adjacent Williams House. The project is not consistent with the SOFA CAP Policies. ¯ Policy H-6: "Housing types in the plan area should include a range of densities, and should be suitable for various ages, household sizes, lifestyles and incomes" 29 of the 30 units are 2 bedroom and very simila~ in size thus targeting the same income bracket. The project is not consistent with the SOFA CAP AMF Design Guidelines. ¯ The project provides housing units of effectively all but one the same size thus failing to satisfy Guideline 4.1 (e) which calls for a variety of unit sizes to support different family sizes, age groups, income level, etc. ¯The height of the building is four stories tall in violation of general SOFA Design Guidelines where four stories are only allowed under exceptional circumstances for architecture and design to achieve compatibility (SOFA CAP Ch. H-D, page 19). No case has been substantiated for these exceptional circumstances. 10. The ¯ project is not consistent with the SOFA CAP AMF Development Standards. The development has a roof height of 48 feet in violation of 3.4 (e)(2) (45 feet maximum). 11. The ¯ project is not consistent with the Development Agreement The Development Agreement declares that "City desires to obtain the binding agreement of PAMF for the development of the Property in accordance with the provisions of this Agreement, the SOFA CAP, and the various other approvals and conditions related thereto." (Recital G)>>As described above, the project is not consistent with the SOFA CAP, and is therefore not consistent with the Development Agreement. 12. The exceptions approved were based on inadequate findings. ¯ Note: The application is for a minor exception. However, the violations of the AMF Development Standard listed in item 10 above are major in character and should be treated as such. The SOFA CAP lists four findings, all of which must be met before a minor exception can be granted. The staff findings in all of the four categories are inadequate as shown below. Finding Requirement li Consistency with the policies of the SOFA CAP Policy L-8 is a SOFA Phase II policy and as such cannot be used as findings for a’ SOFA Phase I project. February 7,2001 3 Appeal of 777 Bryant (Block A AMF)Application 00-ARB- 111 Policy H-l: "Provide up to 300 or more units of new housing throughout the plan area, with residential use as the predominant land use for the former PA_MF site". The Finding claims consistency because 30 new units are being added. >>The project does provide 30 new units. It is worth noting that it uses the maximum FAR and the maximum height while providing only the minimum housing density required. ’ Policy H-6: "Housing types in the plan area should include a range of densities, and should be suitable for various ages, household sizes, lifestylesand~ incomes" >>All but one of the units are 2 bedroom and similar in size thus targeting residents generally of the same income level and household size. Finding Requirement 2: The exception relates to a minor feature and would not be detrimental to property or improvements in the vicinity nor detrimental to the public health, safety, general weffare, or convenience. This development is detrimental to the general welfare due to the violations of the daylight plane by the excessively high roof. A 3 foot height violation is not a ’minor’ violation (48 feet vs 45 fee0 and increases the project’s incompatibility with the exisdng surroundings. Finding Requirement 3: An enhancement is achieved by the exception in a manner that would not otherwise be achieved through a strict application of the standard Staff asserts the necessity of exceptions in order to accomplish the design goals of the SOFA CAP. The goals of the exception can be achieved, if, for example, the building mass is reduced. This would achieve "The purpose of the Attached Multiple Family (AMF) land use category is to. provide for medium to high density apartments, townhouses, or condominiums with site regulations which ensure compatibility with the physical scale of the Plan Area but that reflect current economic realities." (SOFA CAP, page 93) Finding Requirement 4: The project is consistent with the 1998-2010 Comprehensive Plan The Finding claims consistency with the Comp Plan by citing the following Policies Policy L-9 encourages the enhancement of mixed use areas. >>The AMF site is primarily a residential neighborhood. It is generally understood that the area closer to Alma is the mixed use portion of SOFA. This policy does not apply. Policy B-21 states: "Maintain uses in the South of Forest Area (SOFA) that complement the Downtown business district, allow for the continued operation of automotive service uses, and serve the needs of nearby neighborhoods;" >> Business use policies do not apply to residential developments. February 7, 2001 4 Appeal of 777 Bryant (Block A AMF)Application 00-ARB: 111 As previously stated, we believe a proper ARB/HRB review can result in a project that is compatible with the existing environment and that we can all be proud to put our names on. We greatly appreciate Council’s attention to the community concerns outlined in this letter. Respectfully, Steve Reyna Aysen Kuflu February 7, 2001 5 Overview of Block A & B Appeals Apl~als have been filed: on the two condominium projects and the single family home development on the former PAMF Clinic site. The bases for the appeals are: I) The constrained and conflicted review process 2) The resulting projects inconsistencies with South of Forest Area Coordinated Area Plan (SOFA CAP), SOFA Development Agreement, SOFA policy framework, and Comp Plan. 3) The projects incompatibility with the.existing neighborhood 4) The multiple exceptions to zoning standards without adequate findings Our goal is to have the approvals overturned, the process flaws cleared up, and the projects sent back to the ARB/HRB review board for a full and proper review. NOTE: If required condi.tions within a CAP or development agreement appear to.be in conflict, the most restrictive apply. For example, FAR allowance cannot override daylight plane considerations. Examples from the appeal !etters Daylight plane standards have been set aside to allow maximum floor area ratio (FAR). For instance, the condominium project at 325 Channing, which abuts the new public park, is designed to the maximum FAR (!.5) and height (45 feet). Its.impact on the park is exacerbated by daylight plane violations being allowed. Public land is being given away for private gain. An easement for emergency vehicles is bei.ng pr.oposed on the Williams House driveway for the condominium project at 777 Bryant. As a result, the Condominium project is not providing access on its own property and the size of the building grows prbportionately, without proper compensation. The joint Architectural and Historic Review Board was given conflicting directions as.to what parts or the design they were allowed to review. An example of this is that the Board was given direction that the size and basic design of the projects were fixed: the Board could only review details even though compatibility with the neighborhood is a requirement of the SOFA CAP. They felt the projects were incompatible. This led to the great frustration of Board members about their constrained ability to have a proper design review. One Board’member even discussed resigning from the Board because of feeling "handcuffed" (Story in the Daily October 27, 2000). An incompatibility example: 777 Bryant condominium project is 48 feet tall (3 feet taller than its zoning all6ws). Its neighbor, the Williams House, is approximately 24 feet tall. Supplemental Issues: Block A.AMF Appeal Appeal of application 00-ARB-i 11 77"7 Bryant (Block A AIV~ .RECEIVED 001 r~n~ En~onrr~nt March 27~, 2001 Dear Council Members, We have a supplementary issue to add to our appeal of the 77"7 Bryant (Block A AMP) application. This issue is summarized as follows: ~R.equired elements of the building were not counted when totalling FAR Incorrect FAR Def’med in PAMC 18.04.030 (65XA), Gross Floor Area "means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: (i) Halls; (ii) Stairways: (iii) Elevator shafts; (iv) Service and mechanical equipment rooms; ...". As is shown in the SummerHill plans, two stairways on the third floor and the mechanical room on the fourth floor, at the least, are not counted in the total square footage. Since the tallied square footage is at the maximum, any uncounted square footage is in excess~ The plans must be reexamined, all missing square footage accounted for, and the building must be redesigned to fit within the maximum allowed FAR. Exceptions to maximum FAR are not ’ permitted in AMP zoning. Remedies -Comply with the code. Review the plans and count all missing square footage. Redesign the building to fit within the maximum FAR allowed. We look forward to your response. Sincerely, S teve Reyna Aysen Kutlu Attachment Summert-Iill Homes 777 California Avenue Palo Alto, CA 94304 Tel: 650 857 0122 Fax: 650 857 1077 March 28, 2001 Mayor Eakins and City Councilmembers City of Palo Alto P.O. Box 10250 Palo alto, California 94303 RE: ARB/HRB Design Approvals Dear Mayor Eakins and City Couneilmembers, I am writing at this time to ask for your support to uphold the Planning Directors approval of our designs for three residential projects included in the Sofa Plan. SummerHill has been diligent in its effort to deliver an ambitious program of development and community benefits. The City will no doubt benefit greatly through the dedication of parkland, affordable housing and historic resource, not to mention the significant development of much needed market housing within a very wide range of product types, Council understood, last year, that public/private cooperation was necessary to make the program work at many levels, and that not everyone would get all they may want. The objections heard in the appeals before you are the very same issues that were addressed and concluded a year ago. I have included a letter written by the same attorney who negotiated the legal terms of the Development Agreement on SummerHill’s behalf. His letter specifically addresses the legal basis of three appeals before you. At issue is whether SummerHi11 faithfully executed and articulated the agreed upon development programs in a manner consistent with the plan. We believe this has been achieved. The process of evaluation and public review has been exhaustive. SummerHill presented its designs at no fewer than ten publicly noticed hearings before the prescribed AR_B/HR.B Committee. Throughout this design review process, we have remained committed to improving our ideas, pushing the quality of design to the highest possible levels, and being sensitive to surrounding context and issues of scale without sacrificing agreed upon programmatic objectives. There were numerous significant improvements made to our designs over the course of the past year. SummerHi11 has been actively engaged in a very involved, process of architectural design and approvals for its various projects within the Sofa I Area. The CAP Zoning and Development Agreement which were unanimously approved by Council last March, have provided SummerHill and City staff with very thorough guidance from which to work: In developing and articulating the designs for the three projects currently under appeal, SummerHill has not SummerHill Homes. deviated from the specific program statements outlined in the Agreement. The proposed designs, which have been approved by the Director of Planning, are very consistent with the plans illustrated before you in December of 1999. The site plan, architecture, building massing and density all match. It is tempting to tamper with designs and question the validity of numerous physical trade-offs that become inevitable. The CAP Guidelines wisely included latitude for design discretion and minor variation from standards that prove too rigid to support the very best solutions. Apanel of lay experts, both historic and architectural, debated at length our proposals. They made suggestions relating both to style and massing. With the full support of staff, SummerHill negotiated an involved and educateddebate through the course of these public hearings. The following is a synopsis of the Minor Variations form the Sofa Development Standards that were approved with our designs. ¯Block A Condominium The building design includes a three foot increase to the maximum height of 45’i The increase in height was proposed to Council more than a year ago and the motion for approval specifically included an allowance for four stories on this project. Four stories within absolute height to the building ridge of 45’ would not result in an attractive design with a first floor elevated between two and three feet to allow for a limestone building base and an enhanced sense of privacy along the street. Likewise an eave height of 35’ is not possible with four floors of units and the selected architectural expression. ¯Block B Condominium The side building setback along the park side of the 36 Unit park facing condominium is 10 feet pursuant to specific provision of the CAP Development Standards. The Standards did.not specifically make provision for a modified Daylight Plane in this location. The attic dormers and gable ends on this side of the building intrude into the daylight plane to a minor extent. The presence of these dormers and attic bedroom elements was discussed with council last year and resulted from a compromise not permitting fourth story units on this site. The height limits have not been broken, and the proposed building section matches a diagram shown to Council last February when we spoke of our intention to include fourth floor dormer element. These elements were referenced in Mr. Beecham’s " approval motion. ¯Block B Single family Homes Suggestions made by the ARB/HRB resulted in minor variations from the standards, such is the case with variation of the front yard setback for single family homes fronting the pedestrian muse. Their direction was debated in detail and it was agreed that frontage on a pedestrian way is different than.street frontage. The thought being that a more intimate distance from the public way would be desirable. Variation also resulted from the need to resolve apparent conflict between standards. This is the case with variation to side setback and daylight plane affecting the accessory units and two of the garages on the SummerHill Homes single family site. Without Some flexibility in the standard, two of the ten accessory units would be lost. These units are a required element of the design program. SummerHill has been faithful to its vision and sacrificed considerable time and energy to a lengthy public process. We believe that our projects along witla the host of Community benefits that have been leveraged will be an enduring complement to this historic setting. We anxiously look forward to the commencement of our construction as well as the park improvements and the development of affordable housing. To further delay these approvals puts not only the spirit of our agreement at risk, but also potentially undermines the fmaneial commitments SummerHill depends upon to enable construction of much needed housing this year. We have endured a long standing, minority of unfettered opposition based on the same issues that were heard and defeated a year ago. Much has been done to ensure that this project will benefit the community at large. We are confident that our projects will be of a quality that not only endures but will become woven into the neighborhood fabric over time. Hopefully the architecture and housing which it represents will be treasured for the residential revitalization of an area previously subject to institutional intrusion. Your support and swit~ action on this important matte c will be greatly appreciated and warranted. Very truly yours Richard T. Wurzelbacher Vice President SRNFORD A. BERUNER" ANOREW L FN~ER WILMAM J. GOINES* ROBERT W. HUMPHREY’SR~J.PH J. SWNISON PEGGY L. SPRINGGAY JOSEPH E. DWOR~ SAMUEL L FN~B ALAN J. PINNER SAMUEL J, COHEN FRANK R. UBHAUS LINOA A. CALl.ON JAMES P. CASHMAN STEVEN J. C~SAD NANCY J. JOHNSON JEROLD A. RF.~’ONROBERT L, CHORTEK JONATHAN D. WOLF KATHLEEN K. SIPLE KEVIN Fo KELLEY BERLINER COHEN ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berlin~r.com WILLIAM F- ADAMS MARK MAKIBNICZ "II"IOMAS P. MURPHY THOMAS M. GROSS NADIA V. HOLOBER MARK Vo ISOLA BRIAN L SHETLER JOLIE HOUSTON JAMIE LEE BRANDSEILEEN P. KENNEDY HARRY A. LOPEZ JOHN F. DOMINGUE SETH J. COHEN PATRICK UN JENNIFER J. CUNNINGHAM KRISTIN GENC DAVID D, W.M}E TIFFINY C. EVANS, DENNIS J. LOPUT BRIAN K. KEELEY OF COUNSEL HUGH L ISOLA" STEVEN t HALLGPJMSON ERJC WONG NANCY L ERANDT CHARLES W. VOLPE March 27, 2001 Mayor Eakins and City Councilmembers City 6fPalo Alto P.O. Box 10250 PaloAlto, CA 94303 Appeals from ARB/HRB Hearings File Nos. 00-ARB-111, -112-113 April 2, 2001 Agenda SummerHill Project Dear Mayor Eakins and Councilmernbers: This letter is in response to the appeals filed by Steve Reyna and Aysen Kutlu on the above-referenced approvals by the combined Architectural Review. Board/Historical Review Board. On behalf of SummerHill, we would urge that these appeals be denied and the applications be approved as they were approved by the ARB/HRB. In essence, the appeals attempt to. re-argue policy direction that was established in the SOFA CAP and in the Development Agreement between the City of Palo. Alto and PAMF. These policy issues were decided, however, after extensive public input and.many hearings last year at the time the SOFA CAP. and the Development Agreement were approved. The SOFA CAP. has established the policy direction for the City, and the Development Agreement gave vested rights to the developer to build the project to the maximum density and intensity of uses specified in the Development Agreement and the SOFA CAP. These issues cannot be re-opened at this time without violating the Development Agreement. The following is a response to specific numbered paragraphs in the various appeals. We note. that almost all the numbered paragraphs are identical from appeal to appeal, so they will be discussed jointly. ~,LFL511595.1 02-032709427013 Mayor Eakins and City Councilmembers March 27, 2001 Appeal Item No. 1: Conflict in Direction The appellants argue that there are conflicts between the SOFA CAP and the Development Agreement. This issue was put to rest when the entitlements were approved. In fact, the City Council specifically found in the Development Agreement that the SOFA CAP and the Development Agreement are compatible. Thus, paragraph 9(b)(i) in part reads as follows: (i) Entitlement to Develop. As of the Effective Date, PAMF has acquired and been granted the vested right to develop the Project to the extent and in the manner provided in this Agreement, subject to the Conditions of Approval and Project Approvals, and in accordance with the Applicable Rules and Subsequent Applicable Rules when required by this Agreement, and City hereby finds the Project consistent with the Comprehensive Plan, the SOFA CAP, and the Zoning Ordinance. To the extent that there may be any elements of the Program Development Statements set forth in Exhibits "D-I" through "D- 10" that have inadvertently not been included within the SOFA CAP, the Parties intend that such components be deemed consistent with and a part of the SOFA CAP so that they may be approved in the exercise of the reasonable discretion of the Director of Planning and Community Environment. Furthermore, the compatibility of the SOFA CAP and the Development Agreement was stressed throughout the negotiation of the Development Agreement, and was certainly the City Attorney’s position. In other words, the City Council was to make the original neighborhood compatibility, decision in their adoption of the SOFA CAP and in their adoption of the entitlements and the Development Agreement for the project. Once those maximum intensities of usage were agreed to, then the specific design of each element would still require City approval, but the intensity of development could not be cut back through the design process. Thus, the first full paragraph on page 25 of the Development Agreement and the two following paragraphs cover this issue in great detail. They read as follows: Any subsequent Discretionary Actions by City or any. conditions, terms, restrictions and requirements for such .Discretionary Actions by City, shall not, without PAMF’s consent, prevent development of the Property for the uses and to the maximum density or intensity of development and other site development standards set forth in this Agreement, unless City determines it is necessary to protect against conditions which create a substantial and demonstrable risk to the physical health or safety of residents or users of the Project or the affected surrounding region. [Emphasis added.] (ii) Consistency with Applicable Rules. City finds, based upon all information made available to City prior to or concurrently with the execution of this Agreement, that there are no Applicable Rules that would prohibit or prevent the full ~ALF~511595.2 03-032809427013 Mayor Eakins and City Councilmembcrs March 27, 2001 completion and occupancy of the Project in accordance, with uses, densities, designs, heights and sizes incorporated and agreed to herein. The Project Approvals anticipate the need for further Discretionary Approvals by City, and such approvals shall be reasonably conditioned and reasonably granted when consistent with this Agreement. (iii) Subsequent Discretionary Actions. With respect to any Discretionary Action or Discretionary Approval that is required subsequent to the execution of this Agreement, City agrees thaf it will not unreasonably withhold from PAMF or unreasonably condition or delay any such Discretionary Action or Discretionary Approval which must be issued by City in orde~ for the Project to proceed to construction and occupancy. In addition, no. condition shall, without PAMF’s.consent, preclude Or othenvise limit PAMF’s ability to develop the Project in accordance with the density and intensity ofnse and site development specifications set forth in this Agreement nor othemrise conflict with any provision of this Agreement, unless City determines it is necessary to protect against conditions which create a substantial and demonstrable risk to the physical health or safety of residents or users of the Project or the affected surrounding region. It is significant that these provisions allow development’ at the maximum intensity contemplated by The Development Agreement and by the SOFA CAP as well as by the o~er entitlements.. Furthermore, the ability of the City to cut back on that density would only be as. a direct result of a "physical" risk. This is different than the normal standard employed for design- review, which is the more general "public health, safety and welfare." My recollection is that this issue was specifically discussed in this context, and the agreement reached was that the " development at the maximum density permitted by the entitlements could not be restricted simply on a general welfare standard. In other words, it could not be restricted simply because of concerns about aesthetics or "neighborhood compatibility." Appeal Item No. 2: Truncated ARB/HRB Review Guidelines The ARB/I-IRB approvals properly note that certain findings have been made by the adoption of the Development Agreement, and are not open for additional review at this time. Appeal Item No. 3: ARB/I-IRB Members Expressed Dissatisfaction with the Process This is an opinion of the appellants and is not relevant to any issue in front of the City Council. Appeal Item No. 4: Board Member Ineligibility Appeal Item No. 5: Late Approval We assume that the.City Attorney will respond to these issues of alleged deficiencies of City process. ~AI.F~511595.1 02-032709427013 Mayor Eakins and City Councilmembers March 27, 2001 Appeal Item No. 6:Iuconsistency with SOFA CAP Policy Framework The fact that the FA.~ mass and height of the proposed project may exceed most buildings in the vicinity was accepted by the City Council when it approved the SOFA CAP and the Development Agreement.. With respect to the DHS houses, the appellants’ claim that they do not "continue the character, scale, or f~ont setback pattern of existing residences..." is a matter of opinion. The ARB/I-IRB, after numerous public hearings, came to the opposite conclusion. Appeal Item No. 7: Inconsistency with Comprehensive Plan Appeal Item No. 8: Inconsistency with SOFA/CAP Policies These again are matters of opinion. The appellants site Policy H-6 of the SOFA CAP~ arguing that each housing type should have a range of densities, etc.. However, there are and will be a range of densities in the SOFA area, including within the various elements of this project itself. Appeal Item No. 9: Inconsistency with SOFA CAP. ~ Design Guidelines/SOFA CAP DHS Design Guidelines. This is the same argument as the previous paragraph, that the units in each of these separate portions of the project must contain a larger variety of unit sizes.. This. is not required:by the SOFA CAP, and contradicts the vested right of the developer under the Development Agreement to develop at the maximum FAR (see response to Appeal Item No.-1): Appeal Item No. 10: Inconsistency with SOFA CAP A.MF/DHS Development Standards Theseparagraphs quibble over minor Variations and exceptions in design standards which were approved by the ARB/HRB after extensive public hearings, and in an attempt to approve the best possible project given the dictates of the SOFA CAP. and the density, of use allowed under the Development Agreement. In some eases, small exceptions to standards have been . required. This again is recognized under the Development Agreement, as paragraph 9(b)(i) quoted earlier in this letter explicitly recognizes in providing for exceptions to be made in the exercise of"the reasonable discretion" of the Director of Plauning and Community Environment. Appeal Item No. 11" Inconsistency with Development Agreement This is a circular argument that shouldbe ignored. These projects as approved are fully consistent with the SOFA CAP and the Development Agreement. Appeal Item No. 12: Inadequacy 0fFindings In this paragraph, the appellants attempt to re-argue the policies of the SOFA CAP by putting a different spin on them, and alleging that findings of consistency should not be made. This is no different than the earlier paragraphs alleging that these projects were inconsistent with the SOFA CAP, the Comprehensive Plan, and the Develo ~ment Agreement.. This paragraph ¯~ALF~11595.1 02-032709427013 4 Mayor Eakins and City Councilmembers March 27, 2001 adds nothing new to the appeal. In fact, appropriate findings were made, and there is substantial evidence in the record of the hearings to support them. In summary, we urge the Council to reject this attempt to. revisit the.policies of the SOFA CAP and revisit the agreements made by the City. in the adoption of the. Development Agreement and other entitlements. These appeals should be denied. Very truly yours,. BERLINER COHEN ANDREW L. FA.BER E-Mail: ALF:cem cc: Rick Wurzelbacher Frank Behest Ed Gawf Ariel Calonne, Esq. ~,LFL511595.1 02-032709427013 5 Attacnm~t ,-" Architectural Review Board Histo c Resources Board 2 Staff Report Item No. Agenda Date: To: October 19, 2000 Architectural Review Board/Historic Resources Board From: Subject: Chandler ,Lee, Planner Department: Planning 777 Bryant Street, 00-ARB-111 - Application by SummerHill Homes for major Architectural Review Board/Historic Resources Board (ARB/HRB) review and recommendation to the Director of Planning and Community Environment to allow construction of a 30 unit four story condominium complex, subterranean parking garage and related site improvements. Environmental Assessment: An Environmental Impact Report has been prepared. RECOMMENDATION Staff recommends that the Architectural Review Board/Historic Resources Board recommend to the Director of Planning and Community Environment approval of construction of a 30 unit four story condominium complex, subterranean parking garage and related site improvements, subject to the findings in Attachments B and C and the conditions in Attachment D. PROJECT DESCRIPTION The applicant is proposing to construct a 53,310 square foot, four story condominium complex, a subterranean parking garage containing 78 parking spaces, and related site improvements. The building would contain 30 condominium units yielding an overall density of 37 units per acre. The project would be located on the southwestern comer of Block A of the property formerly owned by the Palo Alto Medical Foundation (PAMF). The site consists of one parcel totaling 35,540 square feet or 0.82 acres on the block bounded S:\plan\pladiv\pamfsofa\summcrhi\blockamf.arb Page 1 by Homer and Forest Avenues, Bryant and Waverley Streets (see Attachment A ~ Location Map). The proposed building footprint would be 15,364 square feet at grade resulting in a coverage of 43 percent. The proposed building would be setback 15 feet fi:om Homer Avenue and the existing building at 737 Bryant Street, and 16 feet from Bryant Street and the existing Williams House to the east. Parking would be on two subterranean levels and would provide 78 uni-stalls, including three standard and one van accessible stalls. Each parking level extends about 10 feet below grade. Vehicular access to the site would be provided from a single, two-way driveway on Homer Avenue that connects to the parking levels. Pedestrian access would be provided from two primary entries on Homer Avenue into the courtyards. No entries to individual units are provided on either Homer Avenue or Bryant Street. Transit access would be provided from existing bus stops on Channing and Homer Avenues and Ramona Street. Bicycle access would be provided by an existing bike boulevard located along Bryant Street. The building architecture would be traditional, with a modem interpretation of the Craftsman Stucco Style that is intended to complement the design character of the adjacent neighborhood. Building materials and features include: beige stucco siding, sloping roofs, front porches, divided light windows, and a dark composition shingle roof. Please refer to the applicant’s written description and plans for further details regarding the project. Photographs and plans will be presented at the meeting. - POLICY IMPLICATIONS The project must be determined to be consistent with the Palo Alto Comprehensive Plan and the South of Forest Area Coordinated Area Plan (SOFA CAP). Comprehensive Plan Compliance The project is consistent with the follOwing policies: Policy L-9: ’~nhance desirable characteristics in mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development. " Consistency Review: The project proposes a multiple family residential use which contributes to the mix of existing residential, office and commercial uses in the area. The project contributes to a desirable neighborhood character by including street trees and pedestrian amenities (improved sidewalk, seating and landscaping) at ground level. S:\plan\pladiv\pamfsofa\summerhi\bloekamf.arb Page 2 Policy H-2: "Consider a variety of strategies to increase housing density and diversity in appropriate locations." Consistency Review: The project includes 30 residential units that will increase opportunities for .scarce housing in the area. Policy B-21: ’gdaintain uses in the South of Forest Area (SOFA) that complement the Downtown business district, allow for the continued operation of automotive service uses, and serve the needs of nearby neighborhoods. " Consistency Review: The project provides 30 housing units close to Downtown services, transit, and local serving retail uses. ¯ SOFA Coordinated Area Plan The project is located within the South of Forest Area (SOFA) Coordinated Area Plan (CAP) area. Staff review of the project with the SOFA CAP policies is as follows: Policy L-2:’Provide adequate open space through development of a new neighborhood park within the area currently occupied by PAMF facilities to serve the neighborhood and downtown. " Consistency Review: The project is part of the former PAMF properties which collectively contributed to the dedication of the two acre park to the City. ¯ Policy L-8:’Preserve and enhance the historically mixed use development pattern of the South of Forest Area including residential uses. This mixed use development shall include mutually compatible uses that.provide both vitality and convenience for residents, businesses and visitors. " Consistency Review: The project proposes a multiple family residential use which contributes to the mix of existing residential, office and commercial uses in the area. The project contributes to neighborhood vitality by including street trees and pedestrian amenities (improved sidewalk, seating and landscaping) at ground level. Policy H-l:’Provide up to 300 or more units of new housing throughout the plan area, with residential use as the predominant land use for the former PAMF sites." Consistency Review: The project provides 30 new housing units. S:\plan\pladiv\pam fso fa\summerhi\bloekamf.arb Page 3 Policy H-6:’f-lousing types in the plan area shouM include a range of densities, and shouM be suitable for various ages, household sizes, lifestyles and incomes." Consistency Review: The project provides 30 multiple family units of varying sizes. The project, together with the remainder of the PAMF properties, have contributed to the provision of affordable housing by contributing towards the City’s acquisition of an affordable housing site in accordance with Program H-2 of the Housing Element of the Comprehensive Plan. Policy T-7: ’Decrease the adverse visual impacts of surface parking and street level parking garages by encouraging parking for mixed use and multiple family residential parking to be either underground or otherwise not visible from adjacent roadways." Consistency Review: The project proposes 78 parking spaces all of~which would be underground and not visible from public streets. PolicyDC-3:’~lny new development.., shall.consider the replacement of any ’~nissing" street trees at an interval of approximately 20 to 25feet on center." Consistency Review: The project proposes new street trees which will be added to existing street trees to provide a row of street trees at intervals of approximately 25 feet. Downtown Urban Design Guide The Downtown Urban Design Guide is consideredan incentive and guide for redevelopment, rather than policy. It calls for maintaining the eclectic character and scale of the area, improving landscaping and green spaces, encouraging private investment, and creating usable open spaces and a gathering spot for the district. The proposed project is generally consistent with the Urban Design Guide. DISCUSSION Project History The site was recently.occupied by three buildings that were left vacant when PAMF relocated to its new facility on E1 Camino Real. The site is designated for attached multiple family (AMF) in the SOFA CAP. The City Council approved this zoning designation for this site as well as for the remainder of phase I of the SOFA area in March 2000. The City Council also approved a development agreement with SummerHill Homes for this site that allows construction of multiple family uses up to the maximum limits allowed under the AMF S:\plan\pladiv\pamfsofa\summerhi\blockamf.arb Page 4 designation (1.5 FAR, 45 foot height at the peak of the roof and 35 foot height at.the roof eave). Since Council’s approval, SummerHill Homes has submitted applications for a ¯ certificate of compliance to reconfigure this block (Block A) as well as parcel maps for the other blocks formerly owned by PAMF. The Architectural Review Board/Historic Resources Board conducted a preliminary review of the project on September 7, 2000..(See Attachment F: Minutes from ARB/HKB meeting of September7, 2000). The ARB/HRB generally supported the site planning, architecture, and landscape components of the project and were generally in favor of the project contingent on several design revisions (discussed under Significant Issues, below) most of which the applicant has since incorporated into the revised plans dated October 13, 2000. ¯ Site Description The site is a rectangular shape and consists of a single parcel of land totaling 0.82 acres (35,540 square feet)with a 250 foot frontage along Homer Avenue and a 114 foot frontage on Bryant Street. The site was recently occupied by a three medical office buildings and related site improvements. The existing site slopes from the rear of the parcel to the two street frontages. The site is surrounded by the Roth Building and the proposed public park (across Homer Avenue), multiple and single family residential (across Bryant Street), the existing 737 Bryant Street office building to the north-and the existing Williams House to the east. The site is about 1,400 feet from the University Avenue Business District. Project Information Information regarding the applicant, owner, assessor’s parcel number, :Comprehensive Plan designation, zoning district, existing land use, and parcel size in shown below in Table 1. TABLE 1: PROJECT INFORMATION Applicant:SummerHill Homes Owner:SummerHill Channing LLC Assessor’s Parcel Number:120-16-69, 71 and 72 Comprehensive Plan Designation:Multiple Family Residential Zoning District:AMF (Attached Multiple Family Residential) S:\plan\pladiv\pam fm fa\summerhi\bloc kam f.arb Page 5 Surrounding Land Use:North: 737 Bryant Street office building South: Roth Building/Proposed Public Park East: Williams House - Museum West: Multiple & Single Family Residential Parcel Size:35,540 s.f. or 0.82 acres Issues and Analysis The staff analysis for this project.relates to site planning, architectural design, landscaping, subdivision and SOFA CAP zoning compliance. Site Planning: The site plan calls for the condominiums to be surrounded with landscaped setbacks _on all sides and served by two entryways on the Homer Avenue frontage. The condominiums, private open space, and courtyards would be located on the four floors above ’ grade while all parking would be located below grade. The building faces Homer Avenue but provides pedestrian interest along both the Homer Avenue and Bryant Street-frontages ¯ with ample fenestration, porches, landscaping and seating areas on the ground floor as well as balconies, dormers and chimneys on the upper floors that provide building articulation. The proposed building provides setbacks along both Homer Avenue and Bryant Street that provide a pedestrian friendly experience along the public right-of-way. All four perimeter areas would be landscaped to protect adjacent uses and provide visual interest from the street frontages and public areas. Architectural Design: The building architecture would be traditional, with a modem interpretation of the. Craftsman Stucco Style that is intended to complement the design character of the adjacent neighborhood. Building materials and features include: beige stucco siding; gently sloping roofs; front porches; painted wood decks and guardrails; wood trim; painted wood, divided light windows; stucco chimneys and a dark asphalt shingle roof. The design features natural materials, ample fenestration and building articulation to provide visual interest at all levels above grade. The applicant will bringa materials board to the meeting. Landscaping: The landscape plan proposes a mix of perimeter landscape screening and two interior open air courtyards. The Homer Avenue frontage features a row of accent trees, public seating and a variety of plants and ground coyerwithin the 15 foot landscaped setback. The project also proposes to plant new Ash street trees (Fraxinus Holotricha) to fill in the row of three existing Zelkova trees along Homer Avenue within the public right-of- way. The Bryant Street frontage features new Ash street trees to fill in the row of three S:\plan\pladiv\pam fs oi’a\summerhi\blockamf, arb Page in the row of three existing Zelkova trees along Homer Avenue within the public right-of- way. The Bryant Street frontage features new Ash street trees to fill in the row of three existing Zelkova and Maple street trees as well as a variety of plantings and ground cover ¯ within the 16 foot setback. The eastern rear setback (adjacent to the Williams House) would be 16 feet wide and planted with a variety of accent trees, shrubs and ground cover including special paving to attract pedestrian circulation between the courtyards and the garden in the rear of the building. The interior side (north)setback ranges from 15 to 16 feet wide in addition to a 40 by 55 foot garden with seating surrounding the two existing redwood trees. The project proposes two outdoor courtyards that provide private pedestrian circulation between Homer Avenue and the residential units. The courtyards face Homer Avenue and includes a accent trees, special paving, raised planters with seats and a water feature (in the eastern courtyard). The project also proposes two public landscaped seating areas along Bryant Street and Homer Avenue. These seating areas would be surrounded with accent trees, shrubs and flowers. The seating areas are intended for use both by building users and the public. A Landscape Concept Statement is included in the attached Program Development Statement(Attachment E) There are 15 existing trees on-site 10 of which would need to be removed. The Redwood tree located between the project and 737 Bryant would be preserved as would the two large redwood trees and the tree of heaven to the rear of 737 Bryant in the location of the proposed rear garden. The large double trunk Redwood tree located between the project and 737 Bryant street could not be saved because of its location on the proposed building wall where the garage ramps, are proposed. As a replacement, the City is requiring two significant Redwood specimen trees to be located along the northeastern perimeter of the site. Over 40 new trees are proposed on-site including those, that are proposed as replacements for those removed. An arborists report has been submitted as part of the application and reviewed by the City’s arborists. Overall, the City’s arborists have determined that the tree removal plan is acceptable and the new landscape and street tree theme would be a positive replacement. Subdivision: The project requires a subdivision map to divide the property, into 30 separate air rights,Jcondominiums. Draft findings for approval of a subdivision are included as Attachment B. Zoning Ordinance Compliance The following table compares the project to the existing AMF Attached Multiple Family Residential District regulations established in the SOFA CAP. S:\plan\pladiv\pamt~sofa\summerhi\blockamf.arb Page 7 Project Comparison With SOFA CAP Development Standards - AMF District Dwelling Units Density Floor Area (sq.fl.) Floor Area Ratio Maximum Height Daylight Plane -side: Homer -side: 737 Bryant St. -rear (Williams House) Proposed 30 37 units/acre 53,310 s.f. 1.5:1 45 to 48 feet Setbacks - Bryant St. (frout) - Williams House (rear) - Interior Side: North - Street.Side: Homer Open Space -private =public Automobile Parking -Resident Parking -Guest Parking Total Parking +737 Bryant Bicycle Parking - resident spaces - guest spaces -intrusion < 20% -OK -intrusion < 20% 16 feet 16 feet 15 to 16 feet 15 feet - provided -10,056 sf(28%) 61 spaces 4 spaces 65 spaces + 13 spaces 38 Class I 3 Class III AMF Zoning 37 61 units 30 - 50 units/acre 53,310 s.f. 1.5:1 45 feet 60 degrees @ 12’ -from property line -from property line -from setback line 15 feet 10 feet 10 feet 15 feet - 100 sffunit - 20 % of lot area 60 spaces 4 spaces 64 spaces 38 Class I 3 Class III Comments S:\plan\pladiv\pam fso[’a\summerhi\blockam f.a~’b Page 8 Total spaces 41 spaces 33 spaces Recycling Storage Provided Required. * minor intrusions into daylight planes allowed for chimneys, dormers, eaves, etc. not to exceed 15 lineal feet or 20 % of building length The proposal meets all the development regulations of the AMF zoning district except for portions of the roof on the fourth floor. The project meets all requirements of the Off- Street Parking Ordinance. Daylight Planes: The SOFA CAP establishes side and rear daylight plane regulations. The side daylight planes are defined by a point 12 feet in height along each side lot line, extending upward at a 60 degree angle into .the site. Because the Bryant Street frontage is narrower than the Channing frontage, the Zoning Ordinance defines the front as Bryant Street and the sides of the project as facing Homer Avenue and 737 Bryant Street. The rear daylightplane is defined by a point 12 feet in height at the rear setback line (in this case ten feet into the site from the property line at the Williams House), extending upward at a 60 degree angle into the site. These daylight planes are shown on the plans. The project meets the SOFA requirements for the both the rear and side daylight planes. Dormers on the Homer Avenue side of the project, and to a lesser extent on the rear of the building, extend into the daylight plane. Intrusions for dormers and similar architectural features are allowed under the SOFA regulations provided that the horizontal length of all such features does not exceed a total of 15 feet on each side or 20 percent of the building length. Neither the Homer Avenue side daylight plane nor the rear daylight plane intrude more than 20 percent of the respective building length. Height: Portions of the roof of the fourth floor of the building exceed the 45 height limit established in the SOFA CAP. The portion of the roof that exceeds the 45 foot height is limited to the central portion of the. building and encloses the three units on the fourth. floor. This portion of the roof extends to a maximum of 48 feet in height for approximately 15 percent of the total roof structure. Staff can support this additional height for several reasons; 1) the excess height provides the opportunity for a pitched roof, rather a flat roof, which is more consistent with the architectural style of the building, 2) that portion of the roof that exceeds 45 feet is limited to 3 feet in vertical elevation and 15 percent of the entire roof structure and would only be partially visible for the public right-of-way, 3) the project is otherwise consistent with the Comprehensive Plan and SOFA CAP. Therefore, staff believes that the intent of the SOFA regulations has been met. The SOFA CAP provides for minor exceptions, in this case building height above 45 feet, provided that S:\plan\pladiv\pamfsofa\summerhi\blockamf.arb Page 9 findings can be made. Staff has prepared draft findings for approval of this exception (see Attachment C). Below Market Rate Units Mixed use projects are typically required to provide either: I) 10 percent of total units as Below Market Rate (BMR), or 2).pay an in-lieu housing fee for the commercial and industrial floor area, whichever value is greater. The Development Agreement that was approved by the City Council in conjunction with the project stipulates that the dedication ¯ by PAMF of an option on .60 acres of land for affordable housing satisfies the project’s BMR obligations. SUMMARY OF SIGNIFICANT ISSUES Significant issues for this project relate to site planning, landscaping, and architectural design. J Site Planning: .The site plan calls for the condominiums and the two interior courtyards to be located on the ground floor and remainder of the units on the second, third and fourth floors. Parking is located entirely on two underground levels. All of the units would have access from the two entryways on Homer Avenue. No direct access is provided from the sidewalk to individual units due to the configuration of the floor plans which locates the bedrooms adjacent to each ground floor porch. The porches facing Homer Avenue, Bryant Street, 737 Bryant Street and the Williams House would serve as private open space for the residential units while the interior courtyards would serve as common open space for the entire building. The landscaped area surrounding the existing Redwood trees to the north of the building (at the rear of 737 Bryant Street) would be available for use by residents and office tenants of 737 Bryant Street. The Homer Avenue frontage would provide a 15 foot building setback from the property line and would feature a public seating and landscaped area. The Bryant Street frontage and the rear (adjacent to the Williams House)would provide a 16 foot building setback. There would be a 15 feet setback to the 737 Bryant Street office building and an 18 foot setback on the north side behind the proposed garden. Private porches would intrude five to seven feet into the setbacks on all four sides of the building. All four perimeter areas would be landscaped to provide visual interest along the street frontages and public areas~ Building Density, Mass¯ and Height: Overall project density is about 37 units per acre which translates to a 1:1.5 floor area ratio (FAR) for the entire building. The building height ranges from 29 feet at the bottom of the roofeave to 48 feet at the top of the central portion of the roof ridge. The landscaped garden at the rear of the site provides a visual buffer between the S :\plan\pladiv\pam fsof~\summe rhi\bloc kam f.arb Page 10 building and residential areas to the north. All four facades are provided with ample building articulation. Visual interest is provided by numerous windows, roof overhangs, chimneys, porches and balconies on all four facades. The FAR, mass and height of the proposed project exceed that of most buildings in the vicinity. However, they are within that allowed by the SOFA CAP and are specifically provided for in the Development Agreement approved by the City Council for this site. Landscaping: The landscape plan proposes a mix of perimeter landscape screening, two landscaped interior courtyards and a rear garden. At the meeting held on September 7, 2000, the ARB/HRB requested additional details on the building perimeters especially the interface between the building and the Williams House. The landscape plans have been revised to address these issues as follows: Perimeter Landscaping: The applicant has revised the plans to replace the concrete garden path in the rear garden with a granite material to enhance the texture of that landscaped area. At the request of the Planning Arborist, the applicant has agreed to save the existing Tree of Heaven in the rear garden. This will to help screen the building for the neighbors to the north. The project also proposes two public landscaped seating areas: one on Bryant Street and one on Homer Avenue. These seating areas would be surrounded with accent trees, shrubs and flowers. The landscape architect will bring detailed drawings of the two seating areas to the meeting. Some ARB/HRB members expressed concems about the interface between the proposed building and the existing Williams House to the east of the project. The Williams House site features a large hedge on the property linebetween the two projects that effectively screens the proposed building from view at ground level along the Williams House entry drive and walkway. The eastern front setback on the project side is only five feet wide and would provide a row of shrubs and ground cover along this interface. The City’s sight distance requirements for driveways prohibit landscaping greater than 2.5 feet in height for the front portion of this interface. The Transportation Division has indicated that the proposed site plan .meets these requirements. The five foot setback limits the amount of perimeter screening at this location. The eastern rear setback (adjacent to the Williams House) would provide a 16 feet wide setback planted with a variety of accent trees, shrubs and ground cover including decorative paving to attract pedestrian circulation between the courtyards and the garden in the rear of the building. Given the site constraints, staff believes that adequate landscape screening would be provided along this edge of the property. A final landscape plan and irrigation plan will be required as a condition of project approval. S:\plan\pladiv\pam fso fa\summerhi\bloekam f.arb Page 11 Architectural Design: The building architecture would be traditional, with a modem interpretation of the California Shingle Style. The applicant initially proposed a Spanish Mediterranean style but redesigned the architectural theme to be more compatible with the design character of the adjacent Professorville neighborhood. All four of the bui!ding facades provide pedestrian interest with ample building articulation, fenestration, patios, landscaping and eriixyways on the ground floor and varieii window openings, balconies and building articulation on the upper floors. At the meeting held on September 7, 2000, the ARB/HRB requested additional details on building materials and solar/shadow studies. The building plans have been revised to address these issues as follows: Building Materials: The previous plans (enlarged building elevations) indicate a stucco base material. The applicant has revised the plans to provide a light colored, rough textured limestone base. This would enrich the texture at the street level and provide greater visual interest. Although some ARB/HRB members suggested a greater variety of building materials on the upper levels, the applicant has maintained the previous materials including beige stucco siding; painted wood decks and guardrails; wood trim; painted wood, divided light windows; stucco chimneys and a dark asphalt shingle roof. Instead of varying building materials, the applicant has revised the plans to provide greater building articulation and visual interest with changes to the building facade and balconies. The revised plans reduce the balcony projections by recessing a portion of the balconies into the building mass on the upper floors. Along the Bryant Street frontage, the plans have been revised to recess a portion of the building wall to provide greater articulation along this frontage. Solar Studies: The applicant has conducted a sun/shadow analysis for the project. The analysis illustrates the shadows cast by the buildings on adjacent streets and properties in March, June and December at various times of day. Photographs will be available at the meeting. The studies indicate minimalshadow exposure cast by the proposed building onto the adjacent Williams House. The applicant will bring the sun/shadow analysis to the meeting on October 19,’2000. Overall, these revisions have improved the architectural design of the building. However, the scale, mass and height of the proposed building is greater than many of the older, existing buildings in the area. The perceived mass and height have been softened in several ways by the design and layout of the building on the lot. Although the site is 35,540 square feet (about .82 acres) the building footprint is only 15,364 square feet resulting in a lot coverage of 43 S:\plan\pladlv\pamfsofa\summerhi\blockamf.arb Page 12 percent. Most of the site"at ground level along the two pedestrian streets (Bryant Street and Homer Avenue) as well.as the north and east sides of the property site is dedicated to open space (the public seating areas along Homer Avenue and Bryant Street, the rear garden, as well as the privateporches along the street), landscaping (in the courtyards as well as along the perimeter of the site and the edges of the porches), and walkways (along the northern and eastern edges of the site). All building frontages provide pedestrian interest with ample fenestration, porches, and landscaping on the ground floor and varied materials, window openings and building articulation on the upper floors. Based on the building plans and the proposed revisions, staff is recommending approval of the project subject to the conditions in Attachment D. An Architectural Concept Statement and a Landscape Design Concept Statement are included with the attached Program Development Statement (Attachment E). CONDITIONS Draft subdivision findings (Attachment B), exception findings conditions of project approval (Attachment D) are attached. (Attachment C) and PUBLIC PARTICIPATION Notice of this ARB review of project requirements was provided by publication of the agenda in a local newspaper of general circulation. In addition, property owners and utility customers within 300 feet of the project site were mailed a notice card. NEXT STEPS Following ARB review, the project is will be scheduled for Planning Commission and City Council review of the subdivision map. ENVIRONMENTAL REVIEW ¯ The project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). An environmental impact report (EIR) was prepared for the SOFA CAP including the project. The EIR was reviewed and certified by .the City Council on March 27, 2000. The project, as currently proposed, has been reviewed in comparison with the project that was evaluated in the EIR. Staff has determined that the current project is consistent with that evaluated in the EIR and therefore, no subsequent environmental analysis is required. Copies of the EIR and the findings made by the City S:\plan\pladiv\p~tmfsofa\summerhi\blockamf.arb Page 13 Council pursuant to CEQA (Resolution No. 7950) are available for public review in the Planning Department on the Fifth Floor of City Hall. ATTACIIMENTS/EXHIBITS Attachment A: Location Map Attachment B: Draft Findings for Approval of Subdivision Attachment C: Draft Findings for Approval of Exception to Building Height Attachment D: Draft Conditions of Project Approval Attachment E: Program Development Statement Attachment F: Minutes from ARB/HRB meeting of September 7, 2000 Revised Plans, dated October 13, 2000 (Architectural Review Board members only) COURTESY COPIES: Rick Wurzelbacher, SummerHill Homes,. 777 California Avenue, Palo Alto, CA 94304 Henry Chaikin, BAR Architects, 1660 Bush Street, San Francisco, CA 94109 Shari Van Dorn, Melvin Lee Associates, 1650 Pacific Avenue, San Francisco, CA 94109 Jim Baer, Premier Properties, 172 University Avenue, Palo Alto, CA 94301 Prepared By:Chandler Lee, Contract Planner JohnLusardi, Current Planning ManagerManager Review: (S: \plan\pladiv\pamfsofa\summerhi\blockamf. arb) S:\plan\pladiv\pam fso fa\summe rhi\blockam f.arb Page 14 i | | i i | i Phase 1 i i i B B i |i i a | | i i~’i PROJECT SITE Wavedey St S~ffSt ATTACHIV/ENT A Bryant St Blocks and Parcels Included in the Proposed Development Agreement ¯ .D:tGIoda D~3o fa\Wb032700C mrA~ta chS~a KwM |p.a I SOFA Key March 27,2000 ATTACHMENT B ATTACHMENT B DRAFT FINDINGS FOR APPROVAL OF AN EXCEPTION FOR BUILDING HEIGHT 777 BRYANT STREET Recommended Findings for Approval The proposed project is consistent with the policies of the SOFA Coordinated Area Plan and that the objectives and goals of the Plan are substantially achieved; the project would be consistent with the following SOFA CAP policies: Policy L-2: "Provide adequate open space through development of a new neighborhood park within the area currently occupied by PAMF facilities to serve the neighborhood and downtown" in that the project is part of the former PA_M~ properties which eoll.eetively contributed to the dedication of the two acre park to the City; Policy L-8: "Preserve and enhance the historically mixed use development pattern of the South of Forest Area including residential uses. This mixed use development shall include mutually compatible uses that provide both vitality and convenience for residents, businesses and visitors"in that the project proposes a multiple family residential use which contributes to the mix of existing residential, office and commercial uses in the area. The project contributes to neighborhood vitality by including street trees and pedestrian amenities (improved sidewalk and landscaping) at ground level; Policy H-1 :"Provide up to 300 or more units of new housing throughout the plan area, with residential use as the predominant land use for the former PAMF site." in that the project provides 30 new housing units; Policy H-6: "Housing types in the plan area should include a range of densities, and shouM be suitable for various ages, household sizes, lifestyles and incomes." in that the project provides 30 multiple family units of varying sizes. The project, together with the remainder of the PAMF properties, have contributed to the provision of affordable housing by contributing towards the City’s acquisition of.an affordable housing site in accordance with Program H-2 of the Housing Element of the Comprehensive Plan; Policy T-7: "Decrease the adverse visual impacts of surface parking and street level parking garages by encouraging parking for mixed use and multiple family residential parldng to be either underground or otherwise not visible from adjacent roadways" in that the project proposes 78 parking spaces all of which would be underground and not visible from public streets; Policy DC-3: "Any new development ... shall consider the replacement of any "missing" street trees at an interval of approximately 20 to 25feet on center" in that the project proposes new street trees which will be added to existing street trees to provide a row of street trees at intervals of approximately 25 feet. The exception is related to a minor feature that will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience in that the portion of the roof that exceeds 45 feet is limited to3 feet in vertical elevation and 15 percent of the entire roof structure and would only be partially visible for the public right-of-way the excess roof height is not be detrimental to the public health, safety, general welfare, or convenience in that the roof form is in the center of the building and would not affect the light, air or privacy of any adjacent residential use. The granting of the exception will enhance the appearance of the site or structure, or improve the neighborhood character of the project and preserve the existing or proposed architectural style, in a manner that would not otherwise be accomplished through the strict application of the development standards and/or design guidelines in that the height exception would erdmnee the appearance and design of the project by providing the oppormrtity for a pitched roof, rather a fiat roof, which is more consistent with the architectural style of the building which would be traditional, with a modem interpretation of the California Craftsman Style that is intended to complement the design character of the adjacent Professorville neighborhood. The proposed project is consistent with the Palo Alto Comprehensive Plan; the project would be consistent with the following Comprehensive Plan policies: Policy L-9: "Enhance desirable characteristics in mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development" in that the project proposes a multiple family residential use which contributes to the mix of existing .residential, office and commercial uses in the area and the,project contributes to a desirable neighborhood character by including street trees and pedestrian amenities (improved sidewalk and landscaping) at ground level; Policy H-2: "Consider a variety of strategies to increase housing density and diversity in appropriate locations" in that the project includes 30 residential units that will increase opportunities for scarce housing in the area; Policy B-21" "Maintain uses in the South of Forest Area (SOFA) that complement the Downtown business district, allow for the continued operation of automotive service uses, and serve the needs of nearby neighborhoods" in that the project provides 30 housing units clos~ to Downtown-services, transit, and local serving retail uses. ATTACHMENT C ATTACHMENT C DRAFT FINDINGS AND CONDITIONS FOR APPROVAL OF SUBDIVISION 777 BRYANT STREET Recommended Findings for Approval The proposed subdivision is consistent with applicable Comprehensive Plan policies and programs and the design requirements of the Subdivision Ordinance (PAMC Section 21.20), in that the proposed subdivision i.s compatible with neighboring properties and consistent with the SOFA CAP; the project would be consistent with the following Comprehensive Plan policies: Policy L-9: "Enhance desirable characteristics in mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development" in that the project proposes a multiple family residential use which contributes to the mix of existing residential, office and commercial uses in the area and the project contributes to a desirable neighborhood character by including street trees and pedestrian amenities (improved sidewalk and landscaping) at ground level; Policy H-2: "Consider a variety of strategies to increase housing density and diversity in appropriate locations" in that the project includes 30 residential units that will increase opportunities for scarce housing in the. area; Policy B- 21: "’Maintain uses in the South of Forest Area (SOFA) that complement the Downtown business district, allow for the continued operation of automotive service uses, and serve the needs of nearby neighborhoods" in that the project provides-30 housing units close to Downtown services, transit, and local serving retail uses. The.site is physically suitable for the type of development proposed in that the proposed 30 condominium units are within the density range allowed by existing zoning and compatible with the scale of neighboring multiple family buildings; o The design of the condominium complex will not cause significant environmental impacts in that potential environmental impacts have been mitigated by the measures contained in the EIR prepared for the SOFA CAP and the project; o The design of the condominium.complex will not result in serious public health problems, would not be detrimental to the existing pattern of the neighborhood and would result in development of multiple-family homes that would be consistent with the adjacent buildings in the neighborhood in that the project meets the development regulations and guidelines of the SOFA CAP; and The design of the condominium complex will not conflict with public easements for access through the use of the property in that the resulting lots would have frontage on a public street for Vehicular access and utility service. CONDITIONS FOR SUBDIVISION PRIOR TO SUBMITTAL OF FINAL MAP The subdivider shall arrange a meeting with Public Works Engineering, Utilities Engineering, Planning, Planning Arbofist, Fire, and Transportation Departments after approval of this map and prior to submitting the improvement plans. These improvement plans must be completed and appri3ved by the City prior to submittal of a parcel or final map. All construction within the City fight-Of-way, easements .or other property under City’s jurisdiction shall conform to standard specifications of the Public Works and Utility Department. The subdivider shall coordinate with the Utilities Department to deter~x~ine all utility design and c~.pacity requirements including water, sewer, gas, electric, telephone and cable facilities. All new construction shall have underground utility, telephone and cable service. The project shall be limited to single service laterals for each lot for sewer, water and gas. Each parcel shall have separate electrical service. All utility plans shall be approved by the Utilities Department before the Parcel map is recorded. PRIOR TO THE RECORDATION OF THE FINAL MAP The subdivider shall enter into a subdivision agreement with the City of Palo Alto. The agreement shall be recorded with the approved final map at the office of the Santa Clara County Recorder and shall include the folio.wing agreements: a)The subdivider shall be responsible for installing any required off-site improvements~ including utilities, to the satisfaction of the Utilities, Public Works, and Planning Departments. These improvements shall be guaranteed by bond or other form of guarantee acceptable to the City Attorney. .b)The subdivider shall grant the necessary public utility easements to the City for the location a~ad maintenance of required utilities. The required easements shall be shown on the face of the Parcel map. c)The subdivider shall preserve all existing trees shown for preservation on the site plan and shall include all trees in the final landscape plans. In compliance with Program 13 of the Housing Element of the Comprehensive Plan, the Development Agreement that was approved by the City Council in conjunction with the project stipulates that the dedication by PAMF of an option on .60 acres of land for affordable housing satisfies the project’s BMR obligations. The final parcel map shall be filed with the Planning Division within four years of the approval of the tentative map. 7.The subdivider shall submit to Public Works Engineering one (1) permanent mylar with .8. reproducible set of "as built" drawings for the work in the City right-of-way. The subdivider shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the Permittee shall contact Underground Service Alert at (800) 642-2444, at least 48 hours prior to beginning work. The subdivider shall submit a storm water pollution protection plan to be included in the improvement plan submittal. ’ " ~ 10.The subdivider shall construct public curb, gutter, and sidewalk improvements along the project frontage of Homer Avenue and Bryant Street. The improvements shall meet the City’s standard requirements and shall be to the City’s satisfaction. (S:\plan\pladiv\pam fsofa\summerhi\blockamf, fnd) ATTACHMENT D ATTACHMENT.D DRAFI" CONDITIONS OF PROJECT APPROVAL 777 BRYANT STREET (PAMF BLOCK A - 30 AMF UNITS) General The project shall be insubstantial conformance with the plans dated October 13, 2000, except as modified to incorporate these conditions of approval. These conditions of approval shall be printed on the cover sheet of the plan set submitted.with the building permit application. The revised plans shall reflect the following conditions: a) Replace the concrete garden path in the rear garden with a granite material to enhance the texture of that landscaped area and provide larger planter areas. b) Replace the previously proposed stucco base material with a light colored, rough textured limestone base. c) The removed.street tree (#A18) in the fight-of-way shall be replaced with a 24 inch box Frontier Elm (Ulmus ’Frontier’). The tree shall be planted per Public Works detail #503. Irrigation shall be provided to al! new and existing trees in the form of bubblers mounted on flexible tubing placed at the root ball edge. The treeshall be top-dressed with 3 inches of wood chip mulch. d) The courtyard planters and the two planter/seating areas along Homer Avenue shall be designed to.provide adequate soil volume. e) The two Redwood Trees and the Tree of Heaven in the rear .garden and all street trees shall be preserved with tree protection measures suitable to the Planning Arbodst. f) The specific mechanical units and their acoustical rating shall be selected to minimize the protrusion of these units and require that they meet the City’s noise standards for residential areas. g) The EVA previously shown on the Williams House property shall be deleted. If an EVA on the adjacent property at 737 Bryant Street is required by the Fire Department, the location and dimensions of that easement shall be shown on the final plans and an easement obtained from the adjacent property owner. h) As a replacement for the large double trunk Redwood tree located between the project and 737 Bryant street, the applicant shall plant two significant Redwood or other specimen trees (60 S:WLANWLADIVWAM FSOFAXS UM MERH IXBLOCKAMF.CND inch box) to be located along the northeast pathway area, to the satisfaction of the Planning Arborist. Prior to Issuance of Demolition Permit. Utilities Electric 2. 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 @ (800) 642-2444, at least 48 hours prior to beginning work. The new electrical service for the project shall be underground. The applicant shall provide electrical load sheet, a full set of plans showing main and meter location, switch board drawings and load breakdown for review and approval by the Utilities Engineering Electrical Division. Depending on the load, anew padmounttransformer may be required and, if so, the applicant shall dedicate a location and easements to accommodate the transformer. Public Works Operations 5.PAMC Sec. 8-04-070 shall apply to all public trees to be retained. All trees to be retained, as shown on the approved tree inventory or landscape plan shall be protected during construction. The following tree protection measures shall be approved by the City Arborist and included in construction/demolition plans and contracts. Any modifications to these requirements must be approved, in writing, by the Planning Arborist. The Planning Arborist shall be in receipt of a statement from the developer or project arborist verifying that the tree fencing is in place before demolition and construction permit issuance unless otherwise approved. The following tree preservation measures apply to all trees to be retained: at All trees to be preserved shall be protected with six-foot-high chain link fences. Fences are to be mounted on two-inch diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The fences shall enclose the entire area under the dripline of the trees. If the sidewalk will be blocked by the above, the entire planting strip may be fenced off to allow pedestrian traffic to use the sidewalk. The fences shall be erected before construction begins and remain in place until final inspectiort of the building permit, except for work specifically required in the approved plans to be done under the trees to be protected.(See Public Works Department’s standard specification detail #505). S :kPLANWLAD1V~AMFSOFA\S UM MERH I~J3LOC KAMF.CN D b.No storage of. material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. c. The ground around the tree canopy area shall not be altered. d.Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. Utilities/Water-Gas-Wastewater The applicant shall submit a request to disconnect all utility services and/ormeters including a signed affidavit of vacancy. The form is available at the Building Department. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and removed. Prior to Submittal of a Building Permit Fire Department The applicant shall submit final plans for review and approval by the Fire Department that include the following: a) Compliance with Section 902 of the CFC (This may involve an EVA on the adjacent property at 737 Bryant Street that is permanently established by an easement and/or a concrete path provided on the north property line, subject to approval by the Fire Department); b) Additional contamination discovered during the closure of the PAMF facilities shall be mitigated prior to covering with new construction and shall be a condition, of the demolition permit; c) Fourth story units require access to two exits. One of those two exit access stairs shall be of enclosed, rated construction. The plans shall be revised to accommodate this requirement;, d) The building type shall be revised to provide one hour fire construction and adequate sprinkler systems to meet Code requirements; e) an approved standpipe system shall be provided for the underground parking structure and the building above to the satisfaction of the Fire Department. Standpipe systems require separate submittal to the Fire Prevention Bureau; f) a fire sprinkler system shall.be required which meets the requirements of NFPA-13, as modified. Fire sprinkler system installation requires a separate submittal to the Fire Prevention Bureau; g) Additional fn’e hydrants may be required in the vicinity of the building in accordance with Appendix III-B of the 1998 California Fire Code (e.g., a yard hydrant to the rear of the building); and h) elevator car shall be sized for Fire Department gumey access based on gurney dimensions of 24" by 82" plus a minimum of two emergency response personnel. Planning/Zoning S :~LANWLADIVWAM FSOFA\S U M MERHP, BLOCKAMF.CN D 3 10. The approved building materials and color scheme shall be shown on building permit.drawings for all buildings, patios, fences, utilitarian enclosures and other landscape features. Final landscape and irrigation plans encompassing on-and off-site plan table areas out to the curb must be submitted to and approved by the Planning Division and Utility Marketing Services Division. A Landscape Water Use statement, water use calculations, a grading plan, and a statement of design intent shall be submitted for.each project. These plans should be prepared by a licensed landscape architect and qualified irrigation consultant. Landscape and irrigation Plans shall include: ¯ a.All existing trees identified both to be retained and removed including private and public street trees. b,Complete plant list indicating tree and plant species, quantity, size, and locations. c.Irrigation schedule and plan. d.Fence locations. Lighting plan With photometric data. All lighting must be shielded in a manner to prevent visibility of the light source, eliminate glare and light spillov~r beyond the perimeter of the development. The lighting plan, photometric and specification sheets should be revised to meet these guidelines and submitted to Planning staff for review and approval. f. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. go All new trees planted within the public fight-of-way, as shown on the approved plans, shall be installed per Public Works Standard Tree Well Diagram #504, shall have a tree pit dug at least twice the diameter of the root ball. The Public Works Detail #504 shall be shown on Landscape Plans. ho Landscape plan shall include planting preparation details for.trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. Automatic irrigation shall be provided to all trees. For trees~ details on the irrigation plans shall show two bubbler heads mounted on flexible tubing placed at the edge of the root ball for each tree. Bubblers shall not be mounted inside the aeration tube. The tree irrigation system shall be connected to a. separate valve from other shrubbery and ground cover, pursuant to the City’s Landscape Water Efficiency Standards. Irrigation in the right-of-way requires a street work permit per CPA Public Works standards. Landscape Plan shall ensure the backflow preventer is adequately obscured by planting the appropriate size and type shrubbery, . fitted with green wire cage, or painted dark green to minimize visibility. k. The Landscape Plan shall also include the following comments and changes: 11. The plant palette lists Sophora and Albizia genus. Both of these are extremely messy and should be avoided for the constraints of this project. The size of all trees planted on site must be a 24 inch box minimum. Special feature areas, such as the open areas in the Mews, may warrant larger specimens to enhance the landscape. Planting Soil Mix. The planting soil in all planter areas shall show a uniform soil mix to a 24-inch depth. Prior to planting, the contractor shall provide soils lab report to the City Arborist verifying that the following soil mix has been delivered to the site. a. Palo Alto Soil Mix by volume (pre-mix off site) *65% sandy loam (mostlymedium to coarse grade) *I5% clay *10% 1/4-inch fir bark *10% volcanic rock *Fertilizer. Combine Osmocote 18-6-12 or equivalent at label rates per yard in the 12-inch area surrounding each root ball. Tree Protection and Preservation Plan. A T~’ee Protection and Preservation Plan for trees to be retained shall be prepared by an ISA Certified Arborist and submitted for review and approval by the Planning Arborist. A Tree Protection Zone (TPZ) for each tree to be retained in which no soil disturbance is permitted shall be established and be clearly designated on all improvement plans, including grading, utility and irrigation, and show that no conflict occurs with the trees. The plan shall specify, but not be limited to, monthly arborist inspections, pruning, protective fencing, grading limitations and any other measures necessary to insure survival of the trees. Key elements of this plan shall be printed on a separate Tree Protection Instructions Sheet with the Project Arborist contact number. This sheet shall accompany any plans submitted for building permit and referenced on all Civil drawings (Utility, Storm, Grading, Erosion, etc.); Demolition; Staging; Building; Landscape, Planting and Irrigation Plans. The Tree Protection and Preservation sheet shall contain the Tree Protection Report prepared by Walt Bemis, Project Arborist. This sheet shall clearly show the tree protection zone, indicating where the fencing will be placed and denote all trees to be retained and those to be removed. 12. 13. All utilities, both public and private, requiring trenching or boring shall be shownon the landscape and irrigation plans and shall show that no conflict will occur between the utilities and any landscape or trees to be retained. This shall include publicly owned trees withl.n the right-of-way. Arborist Progress Report. The project arborist shall perform a site inspection to monitor tree condition on a minimum of four-week intervals. The Planning Arborist shall be in receipt of the progress report during the first week of each month until completion at fax # (650) 329-2154. 14.Tree Protection Statement: A written statement shall be provided to the Building Department verifying that protective fencing for the trees is in place before-demolition or S:WLANWLADIVkPAMFSOFA\SUMMERHIkBLOCKBMF.CND.doc Page 5 of 12 15 ¯grading or building permit wiII be issued, unless ot.herwise approved by the City Arborist. Protective Tree Fencing: All street trees and on site trees to be retained, as shown on the approved plans shall be protected during .construction to the satisfaction of the City Arborist. The following tree preservation measures apply. Type 1 Tree Protection. All existing trees to be retained shall be protected with five-foot high chain link fences enclosing the entire canopy dripline under the trees. Each fence shall be mounted on two-inch diameter galvanized iron posts, driven into the ground every 10 feet to a depth of at least 2-feet. The fences shall be erected before construction begins and shall remain in place until final inspection, except during work specifically required in the approved plans to be done under the trees to be protected. bo Type II Tree Protection. For trees situated within a narrow planting strip, only the planting strip shall be enclosed with the required chain link protective fencing in order to keep the sidewalk and street open for public use. Co Type 111 Tree Protection. Trees situated in a small tree well orsidewalk planter pit, shall be wrapped with 2-inches of orange plastic fencing from the ground to the first branch with 2-inch thick wooden slats bound securely with additional orange plastic fencing (which shall not be allowed to dig into the bark). During installation of the plastic fencing, caution shall be used to avoid damaging any branches. Major scaffold limbs may also require plastic fencing as directed by the City Planning Arborist. do S__~__~: A ’Warning" sign shall be prominently displayed on each tree protection fence. The sign shall be a minimum of 18-inches square and shall state: ’PROTECTIVE TREE FENCING -.This fence shall not be removed without approval. Violators will be prosecuted and are subject to fine pursuant Section 8.10.110 of the PAMC.’- 16.Prior to the installation of the required protective fencing, any necessary pruning work on trees to remain shall be performed in accordance with the following: at All work on Protected Trees shall be done in a manner that preserves the tree structure and health,, pursuant to the Western Chapter of the International Society of Arboriculture (WC-ISA) Guidelines; Standard Practices for Tree Care Operations outlined in the ANSI A300-1995; ANSI Z133-1994 and Chapter 8.10 of the Palo Alto Municipal Code. Any work on trees within the right-of-way must first be approved by Public Works at (650) 496-6974.. 17. Signs (not included in this proposal) require a separate ARB application. 18. The project shall provide for trash and recycling to the satisfaction of the City of Palo Alto S:WLANXPLADIVkPAMFSOFA\SUMMERHIkBLOCKBMF.CND.doc Page 6 of 12 Recycling Division and Department of PubIic Works prior to issuance of a building permit. The applicant shall submit and implement a solid waste, management and recycl.ing plan, waste management report for contractors and adherence to permit conditions, as stipulated in City guidelines. Trash/recycling enclosures should accommodate one 95 gallon newspaper container, a two cubic yard cardboard bin, four 64 gallon wheeled cart for (mixed paper, metal, glass, and plastic) and a trash bin meeting PASCO specifications. The applicant shall provide PASCO with unrestricted access to recycling and trash areas. The applicant shall consult with PASCO on-service requirements for the underground location. The trash/recycling enclosure should open full width from the center of the enclosure so that bins can be easily serviced. The applicant shall recycle construction materials to the maximum extent feasible per City of Palo Alt0 guidelines. 19.In compliance with Program 13 of the Housing Element of the Comprehensive Plan, the project has been determined to meet the City’s Below Market Rate (BMR) requirement by dedicating an option on .60 acres of land for affordable housing per the Development Agreement for the project. Public Works Engineering 20.The applicant shall submit a final grading and drainage plan to Public Works Engineering, including drainage patterns on site and from adjacent properties. The plan shall demonstrate that pre-existing drainage patterns to and from adjacent properties are not altered. 21.The proposed development will result in a change in the impervious area of the property. The applicant shall provide calculations showing the adjusted impervious area with the building permit application. A storm drainage fee adjustment will take place in the month following the final approval of the construction by the Building Inspection Division. 22. 23. 24. 25. Permittee must obtain a grading permit from the City of Palo Alto Building inspection Division if excavation exceeds 100 cubic yards. The applicant shall submit a construction logistics plan to Public Works Engineering. Thi~ plan shall address, at minimum parking, track routes and staging, materials storage, and the provision of pedestrian and vehicular traffic adjacent to the construction site. All truck routes shall conform with the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the attached route map which outlines truck routes available throughout the City of Palo Alto, The applicant shall obtain a Permit for Construction in a Public Street from Public Works Engineering for construction proposed in the City right-of-way. The applicant shall obtain an encroachment permit from Public Works Engineering for pedestrian protection on the public sidewalk during construction. 26.A detailed site specific soil report must be submitted which includes information on water table and basement construction issues. 27.In addition to the standard preliminary grading, drainage; and storm water pollution plan (SWPPP) condition, the applicant shall meet with Public Works Engineering and Operations to discuss the use of-materials such as permeable pavers, special Sidewalk .and street treatments, oil/water separators, and other items proposed and required for this project. 28. The developer/applicant is required to apply.for and receive approval of a Tentative Map for subdivision into 30 condominium units prior.to submittal of a building permit. Transportation 29.Signage and landscaping shall meet the sight distance requirements of PAMC 18.83.080, applicable to project frontages where driveways are present, and in parking lots. All landscaping in the middle of the garage ramp and to each side must be planted with groundcover or shrubs with amaximum untrimmed growth height not exceeding 2.5 feet above the ’level of the driveway (trees excepted). A statement to this effect must be included on the plans and landscaping shall be specifically identified in the landscape plan as meeting these height requirements. No berming or signs will be permitted in this area. 30.Bicycle parking facilities (make and model) must be specified on the site and landscape plans and be chosen from the City’s list of acceptable facilities. The bike lockers in the parking garage shall be provided for the users of the adjacent building at 737 Bryant Street. Utilities Electric 31.All utility meters, lines, transformers, backflow preventers, and any other required utilities, shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials and shall be screened in a.manner which respects the building design and setback requirements. 32.The applicant shall meet all the standard conditions listed in the memo from Michael Blodgett dated August 7, 2000 (attached). Utilities/Water-Gas-Wastewater 33..The applicant shall meet all the standard conditions listed in the memo from Roland Ekstrand dated August 11, 2000 (attached). Building Inspection 34.The applicant shall submit to the Building Inspection Division.- 1) a completed copy of the Project Review Checklist and calculations showing allowable floor area, type of construction and occupancy pursuant to the UBC, 2) revisions to exit plan to comply with UBC requirements; 3) remove corridor doors in corridors on all floors to meet City/UBC standards, 4) clarify symbol on plans referring to required building separation; 5) area of courts .may need to be included in allowable floor area calculations per UBC section 5083; 6) revise building S:~PLANkPLADIVWAMFSOFA\SUMMERHIkBLOCKBMF.CND.doc Page 8 of 12 construction type to meet UBC section 2308 limit of number of floors allowed with wood framing; fireplaces.shall not be wood burning; 8) stair enclosures from fourth floor to exit access shall be continuous. During Construction Utilities Electric 35.All new underground electric services shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing. 36. All new underground service conduits and substructures shall be inspected before backfilling. 37.Contractors and developers shall obtain a street opening permit from the Department of Public Works before digging in the street right-of-way. Planning/Zoning 38.All street trees shall receive monthly watering, a written log of each application, shall be kept updated at the site construction office. The log shall be forwarded to the Planning Arborist before final sign off is approved: 39.Any existing trees on adjacent property, including the public right-of way, that overhang the site shall be protected from impacts during construction, to the satisfaction of the City Planning Arborist. 40. 41. The applicant shall be responsible for the repair or replacement of any publicly owned trees that are damaged during the course of construction, pursuant to Section 8.04.070 of the Palo Alto Municipal Code. The following tree preservation measures apply to all existing trees that are to be retained: a.No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. b.The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. All trees to be retained shall receive monthly watering during all phases of construction.A written log of each application of water shall be kept at the site. The City Planning Arborist shall be in receipt of this log before final inspection is requested. Police 42. All non-residential construction activities shall be subject to the requirements of the City’s Noise Ordinance, Chapter 9.10 PAMC, which requires, among other things, that a sign be posted and that construction times be limited as follows: 8:00 AM to 8:00 PM Monday thru Friday 9:00 AM to 8:00 PM Saturday 10:00 AM to 6:00 PM Sunday. Public Works Engineering 43.To reduce dust levels, it shall be required that exposed earth surfaces be watered as necessary. Spillage resulting from hauling operations .along or across any public or private property shall be removed immediately and paid for by the contractor. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way shall be controlled at the contractor’s expense. 44.The contractor must contact the CPA Public Works Inspector at (415) 496-6929 prior to any work performed in the public right-of-way. 45.No storage of construction materials is permitted in the street or on the sidewalk without prior . approval of Public Works Engineering. 46.The developer shall require.its contractor to incorporate best management practices (BMP’s) for storm water pollution prevention in all construction operations, in conformance with the Santa Clara Valley Nonpoint Source Pollution Control Program. The Inspection Services Division shall monitor BMP’s with respect to the developer’s construction activities on private property; and the Public Works Department shall monitor BMP’s with respect to the developer’s construction activities on public property. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. The applicant a!so will be required to paint a "No Dumping/Flows into the Bay" logo near all drainage inlets. 47.All construction within the City right-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. Prior to Occupancy Planning/Zoning The landscape architect shall certify in writing and submit to Planning ,ir"~ivision, and call for ¯ inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and that irrigation has been tested for timing and function, andall plants including~street trees are healthy. 49.The P.lanning Department shall be in receipt of written verification that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. Public Works Engineering 50. All sidewalks bordering the project shall be repaired compliance with Public Works approved standards. " and/or removed and replaced in 51.Handicap ramps shall be installed at the comer of Homer Avenue and Bryant Street, and shall conform to Public Works Engineering standards. 52.The unused driveways located on Bryant Street and Homer Avenue shall be removed and replaced with curb and gutter. 53.The Public Works Inspector shall sign off the building permit prior to the finalization of this permit. All off-site improvements shall be finished prior to this sign-off. After Construction Public Works Water Quality Control 54.No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning washwater) shall be discharged to the storm drain system, the street or gutter. Utilities/Water-Gas-Wastewater 55. 56. The customer shall give the City written notice of any material changes in size, character, or extent of the equipment or operations for which the City is supplying utility service before making any such change. Project construction shall include installation of irrigation supply to all street trees. Details shall specify an in line loop of drip tubing placed around the top of the root ball at a point one-third of root ball diameter. All tree irrigation shall be connected to a separate valve from other shrubbery and ground cover as required in Landscape Water Efficiency Standards for the City of Pa!o. Alto (V-C)(o). Planning/Zoning 57.Maintenance. For the life of the project, all landscape shall be well,maintained, watered, fertilized, and pruned according to Nursery and American national Standards for Tree, Shrub and Other Woody Plant Maintenance- Standard Practices (ANSI A300-1995). Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. ATTACHM]~NT E Project Narrative Block A AMF-Multi Family TOTAL UNITS: 30 (30 Single level stacked flats) 7/31/00 The architectural design creates two courtyards. Units face Homer Avenue, echoing the open court of the historic Roth Building across the street. .The. courtyards serve to break up the mass of the building at its major street exposure and create usable and gracious open space for access to the .mainbuilding entrances. The building is typically three stories tall, with the fourth story being smaller in area and set back from the. existing buildings located to either side of the property. The mass of the building is modulated to create visual interest and to reduce the apparent scale of the project.. Grade level porches tie into the pedestrian scale of the streetscape and .provide open space for the use of the owners. Pedestrian passerbys will have the use of public seating along the Homer Avenue frontage. Iron fencing and gates will preserve visual accessto the building 6ourts. A garden area to the rear of the building features mature redwood, trees which will be maintained in an informal quiet setting for the use ofboth residents and office users in the adjacent property. The parking for these homes is located substantially below grade and is typically not evident from exterior inspection. Garage entry is located to the side street, in order to avoid creating a "hole" in the front street fagade. This ramp location serves to increase openness, or setback, from the Williams House side yard, to the East. Parking is a/so provided for the adjacent commercial office at 737 Bryant. Stylistically, the project is stucco style craftsman, to recoil some of the details of the houses in the general neighborhood. Sloping roofs, front porches and divided light windows define this style. Exterior colors are warm beiges, varied to set apart the base, body and top of the building. The roof is dark (composition shingle). The SOFA Coordinated Area Plan approved by City Council in March, 2000 set forth development standards and design guidelines governing this project. This project is designed to comply with the standards established in this document. The building program is at the lower threshold of the permitted density, 30 units per acre, and does not exceed an FAR of 1.5:1. Set backs are a minimum of 15’ on all sides.. Building height is generally in conformance with the development standards. However, the building height exceeds a maximum limit of 45’ to the ridge line by a distance of three feet at fourth floor locations only. This exception is necessary to accommodate three, fourth floor units located in the center portion of the building. The additional height benefits the project in two ways. Firstly, the permitted floor area can be achieved at a lower site coverage than would result if the building were limited to three stories. In effect, the site area beneath the redwood trees is set aside and remains untouched. Although these trees are not protected, they are a valuable feature and serve to mitigate fourth story, visual impacts. Secondly, the use of a fourth story in one central area of the plan serves to balance the massing by adding variation to what would otherwise be a fairly uniform roof line. The CAP plan authorizes minor exceptions which benefit the, overall design. The AMF design guidelines strongly encourage architectural styles to be similar and compatible with the historical heritage of the SOF.A area. Because the surrounding architecture is very eclectic, with a multitude of styles reflecting a periods spanning from the mid l800’s through the 1940’s with numerous contemporary contributions, there is no predominant architectural expression. The design of this project, while having no strong resemblance to any nearby structures, is designed to blend with its surroundings, ta fit in nicely with traditional forms and materials. As such, the craftsman style details are rich, but not over ¯ stated. The building is not trying to be a center piece or to compete for attention. Likewise, the style is complementary to .its historical reference with being either cheap or imitative of the details one would expect to find in a plastered, craftsman style stru’cture of this scale. Other features of the design which respond to the guidelines are as follows: ¯Variety of floor plans and unit sizes. (Plan provides seven plans for thirty units; 1140-1775 Sq. Ft.) ¯Walk along Homer should be inviting to pedestrians (Open courts face Homer; low walls and porches front) ¯Variations in roofline. (see above) ¯Gateposts and tiellises marking the transition from private to public. ¯Open porches, stairs and stoops. ¯Step back from lower.adjacent uses. (Additional setback on Williams House side) ¯Roof forms should complement building mass and :style using pitched roofs, dormers, chimneys and traditional residential forms. Mechanical equipment screened from view. ¯Common open space is encouraged along major circulation. (Open coOrts face Homer, elevated walks can also be seen) ¯Parking should be screened from view. Curb-cuts minimized. (No visible openings into parking) . OCT 18 ’BB 14:4~ MELVIN LEF ASSOC.-r MELVIN LEE ¯ ASSOCIATES ASLA LANDSCAPE ARCHITECTS & PLANNERS SENIOR LANDSCAPE DESIGN CONCEPTS (Block A Multi-family) The primary objective of the landscape design is to integrate the project into the fabric and character of the existing neighborhood. The strong street uee patterns already prevalent in the neighborhood will be strengthened by filling in the existing street trees wherever they have gaps to create the desired 20’ to 25’ spacing. In addition, the landscaping of the courtyards, rear .garden and streetscape will provide a high quality garden experience. A carefully woven layering and repetition of colors and textures that repeat in a pattern through the landscape will help to weave the gardens together and create a balance with the multi-family and single family projects on block B. We will also provide pedestrian resting areas to inviie interaction along the street consisting of a seating area, low stone wall and overhead arbor with vines. These elements will be repeated in the mews and along Homer and Bryant streets at block A. The pedestrian resting areas will help create a unifying character along the street tying the project together and inviting interaction with the public. The rear garden will provide a passive use area to enjoy the. large existing Redwoods being preserved. The garden will feature species compatible with the Redwood trees and includea decomposed granite garden path with seating. Concrete walkways will provide connection between 737 Bryant and the garage as well as between the multi-family courtyard and the garden. One Redwood tree will need to be removed between 737 Bryant and the project. This Redwood will be replaced with a 48" box size Redwood located in the mews to help balance and extend the existing Redwoods to be preserved there. " The interior courtyards function both as circulation as well as passive use meeting or resting areas for the residents. They also provide a garden view from the units as well as from the sidewalk along Homer. The courtyard gardens will feature raised planters with trees, colorful shrubs and ground covers, and a water feature in the east courtyard. The enhanced paving will be colored concrete with textured finish and smooth colored bands for contrast. ATTACHMENT SOFA I ARB/HRB Meeting Minutes Thursday, September 7, 2000 1~:00 PM Council Chambers 250 Hamilton Avenue Palo Alto, CA 94301 ARB/HRB Board Members: Joseph Bellomo Roger Kohler Drew Maran Carol Murden Robert Peterson, Chair Staff: Ed Gawf, D’.trector John Lusardi, Assistant Planning Official Chandler Lee, Planner Bhavna Mistry, Planning Technician Diana Tamale, Office Specialist The meeting consisted of a presentation from SummerHill Homes and Premier Properties for the South of Forest Area Phase I area. Roll Call: All Present except Makinen.. Staff’.. Complete Board’s discussion on Block A. Block C- short presentation, finish conceptual discussion. Next meeting, September 20th, bring action items. 260 Homer and 819 Ramona, APN 120-28-13, and DES 16,17, 25 Jim Baer: share ramp Building (FLB) is Tradeoff with site setback of the Roth the ARB/HRB.The goal model is feet of commercial/office and and ’gabled roofs. The save trees but some are the DA allows. The are deep setback~ not point into (2) Site plan and historic Secretary need to create a s~ At the last issues: (1) Elevator at 725 Bryant gn because of being a issue working with Staffto Moving the French Laundry Standards and what Staff had approved. along the Bike Boulevard that meets the was asked not to do Spanish revival by massing model and not a stylistic plan. The Agreement (DA) allowances of 30,000 square uare feet of residential. Eliminated the mansard a fiat roof. The model is in scale. Want to so nee be removed. The building height is less than garden between Whole Foods to the park. There Homer and Bryant.~ermanent lighting on all buildings does The garden is on Homer and is up 12 feet and is not accessibh doors. We are asking whether are better site circumstances? Is what is compatible? We don’t see a better ;ing in respect to the courtyard e housing project. Tom (’DES)" On Bryant the P,.oth Building is set 15 feet. Our building is set ba~ 15 feet on the first floor and 1 more foot on the 2na floo more feet or~.the 3rd Kohler: Ifma~ it lower, would be nice. Tend to agree with an eas~acing wall. Should have some atten~on. W~uld be open. That’s worth considen’n~s~eing. Would not like to .~ee cantilevered b’~ding FLB."" J ." Murdea: Eve .rythih_~,q.n Homer is about comuatibilit~.,I~l~mer has a feeling of low ’ building. If you take H~. er aS an entity, 16 ~f~O ~¢~n the register. Its important that whatever goes on here do’~ not tip the balance,,o~’th .e feel of Homer. Homer provides a diverse area. Would like tore give more o~_imp~ession of a smaller scale. Concerned about comer of Homer and R~ona-h~,,~t of walls. Like to see massing broken up. Am seeing University Avenue. ~ ~ ’ ¯ Bellomo: Major concern is siting)~reak building up to integrate FLB by engaging building into public realm. Fur~ntal issue- edge of Homer/Ramona and how a plaza can be an open space~ic~rivate- respects neighborhood. Quiet, simple, elegant building. Enj oyJ, l~ building. ~ncemed about plaza. Slender, deep- not so sure how enjoyable it is. g. amo ’z.,d hal ay. .ovember t ough April - not used much.. Maran: In sup~~p esstM, n is that we won’t be seeing the building because ofthe~,~ees. First 10’ of height are v~khat are going to matter because of view. The eastern wa~~eas.t wall needs som’ekmore windows and needs to be more g_o.od..’X " K~epbacking to open up tI~courtyard. More comers can be cl" t wall. Take.advantage of it. ~ Block A Desil~n 777 Bryant APN 120-16-071 and 120-15-069 SummerHill Homes, BAR Rick Wurzelbacher: Need comments so can bring back more complete proposal in 30 days. Prepared for 2 weeks with Block B proposal. 1.5 FAR 30-50 unit/acre density zone. In respect to DA, on variation to design from City Council. Building does have 4 stories which breaks that requirement in the central portion. Otherwise in conformance. Contextually, arrived at Style in order to enclave eclectic natm’, e of Homer streetscape. Landed on stucco-clad craftsman which accents the bungalows in the area. Henry Chaikin: Reduction of the number of units is 30. Balconies included in mass of building. Wayne Clipper: Use low wails. Use pattern of surrounding buildings. Continuity of project with surroundings. In-filling trees. Increase street tree pattern as in SOFA plan. More dense than SOFA guidelines. Use unifying patterns of paved and concrete. Inclusion of pedestrian amenities. Provide resting places for community to interact and enjoy landscaping. 2 large California Kedwoods. Create a passive use of the area. Quiet, small scale interaction. Sustainability. Goal of SOFA project directs towards development of downtown center. So, increase density of project makes people get out of cars and onto street. Project is close to Caltrain. Southeast orientation is best for solar gain. Because units are compact they will gain from orientation. Most sides of building are screened with trees. Shrubs are placed so size doesn’.t require excessive shearing.. Shared open space. Patios and courtyards. Public Comment Pria Graves (2130 Yale): Concerned about the scale in relation to Williams House (WH). Garage entry next to WH. Don’t want to see hedge remov.ed. Solor studies need to be dnne .~a WI4 plant.~ are not affected. Courty. ard have more green. Don’t move ~ara~e to Bry.ant. Redwood Tree on access to property. Removal of it would make it look odd. Steve Reyna (840. Kipling): No low walls in SOFA. Bellomo: Underground entrance? Maran: Also need a green building consultant. Kohler: Is there a sustainability handout or a website we. can pass out with all building permits? Attachment:I~etter from Daniel and Pamela Cunningham, 845 Waverley Street. Letter from Pria Graves, 2130 Yale Street.