HomeMy WebLinkAboutStaff Report 11711
City of Palo Alto (ID # 11711)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/16/2020
City of Palo Alto Page 1
Summary Title: College Terrace Centre: New Neighborhood Market
Title: QUASI-JUDICIAL. 2100 El Camino Real/501 Oxford (College Terrace
Centre) [20PLN-00247]: Approval of a Proposed Grocery Store Pursuant to PC
Ordinance Number 5069. Environmental Assessment: Exempt per CEQA
Section 15301 (Existing Facilities). Zoning District: Planned Community (PC-
5069)
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that Council approve the proposed grocery store tenant pursuant to Planned
Community (PC) Zoning Ordinance No. 5069 (College Terrace Centre), adopted January 11,
2010, based on the finding that the proposed grocery meets the requirements of the PC
Ordinance, including that the grocery would be comparable in quality of products and services
to the former JJ&F Market at this location.
Background
On January 11, 2010 the City Council approved PC Ordinance 5069 for a 57,900 square foot
mixed use development at 2100 El Camino Real (College Terrace Centre) that included 8,000
square feet for a grocery store as one of the public benefits. The ordinance made the grocery
tenant subject to City approval, stating specifically:
“The grocery tenant, if it is a party other than John Garcia (DBA JJ&F), shall be
subject to the prior approval of the City of Palo Alto,”
and further that the City’s approval:
“shall not be withheld unless the City reasonably finds that such proposed
grocery tenant is not likely to be comparable in quality of products and service as
JJ&F as it existed and operated on December 7, 2009.”
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The property is also subject to a restrictive covenant related to the grocery store requirement,
which was approved in 2014. Both the PC ordinance and the restrictive covenant are included
with this report as Attachments B and C, respectively.
On two prior occasions the Council has approved grocery store tenants to occupy this space
after JJ&F did not reoccupy the new building. The first market was named College Terrace
Market and lasted about six months before closing in late 2017. A second market called
Khoury’s Market was approved in 2018 and operated for about a year, closing earlier this year.
The lapse of a grocery store at this location over the years has resulted in assessment of
penalties, which the owner has appealed. Some of these appeals are pending in the City’s
administrative process. Others have been finalized through the administrative process and are
pending in Superior Court. The City Council has been engaged from time to time on these
issues. The matter before Council here, however, is limited to evaluation of the proposed new
market under the standards set forth in PC Ordinance 5069. Council’s determination regarding
the new market is independent from and will have no impact on the appeals and litigation over
previously-assessed penalties. Staff will return to Council within the next couple of months to
provide further updates on the administrative appeals and litigation.
To approve the new grocer, Real Produce International Market, the owner must demonstrate
compliance with the following specific criteria:
• The grocery store must occupy no less than 8,000 square feet;
• The market must be neighborhood serving, providing all typical grocery store products
and services of a neighborhood serving store, and not function as a convenience mart;
• The market must provide goods and services that are comparable in quality to that
provided by the former JJ&F market; and,
• There must be at least 40 dedicated parking spaces available to the tenant within the
subject building.
As contemplated by the PC ordinance, staff has reviewed the lease agreement between the
property owner and tenant to confirm compliance with the above criteria. The lease
demonstrates compliance with the first, second and forth requirements. Assessment of
whether the proposed market offers comparable goods and services to the former JJ&F market
is a more subjective criterion, but staff’s initial assessment, subject to Council’s reasoned
judgment, is that the proposed market meets this criterion as well.
Discussion
The prospective tenant notes in the attached business description (Attachment A) that the
market would provide high quality goods at reasonable prices. They anticipate offering locally
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sourced produce (with a focus on organic) and as well as groceries and specialty items. The
market would include a deli, grab and go area, fresh flowers and coffee service. Customers will
be able to shop in-store or order online and the tenant would offer free, same-day delivery to
all Palo Alto residents.
Information on the market’s management team is included in the attachment. The market
owner, Khaled Taffi, and his partners own and operate two produce wholesale businesses in
the Bay Area, as well a grocery store in San Jose.
Limited tenant improvement work is needed for the market to begin operation. Attached to
this report is a floor plan detailing the proposed market layout (Attachment D). Staff has been
contacted by the tenant for information regarding temporary signs to advertise the new market
and job opportunities.
Opening the market in advance of the holiday season is important to the tenant. The market
appears to provide all goods and services typical of a neighborhood serving market and appears
compliant with applicable ordinances and covenant restrictions. This item is being presented to
the City Council on the consent calendar and may be pulled by three Councilmembers if further
discussion is warranted. If pulled, staff recommends the Council conduct the hearing on the
same evening to minimize the time to establish the market, if approved.
Policy Implications
The City’s review of the prospective tenant is focused on the criteria presented in the
background section of this report. Ths City’s review of the request shall not be withheld unless
the City reasonably finds that such proposed grocery tenant is not likely to be comparable in
quality of products and service as JJ&F as it existed and operated on December 7, 2009.
A stable market at this location has been a long-desired goal by the City Council and
neighborhood when it approved the College Terrace Centre development. Having another
grocery store that provides essential services and goods to the Palo Alto community is
particularly beneficial during the pandemic, which will provide in-store and same day delivery
service.
Resource Impact
The recommendation in this report has no significant fiscal or budgetary impacts.
Timeline
The City received notification on October 19, 2020 of the owner’s interest to seek City approval
for a new grocery tenant. If approved, the tenant indicates it would take approximately two to
six weeks to open to the public.
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Stakeholder Engagement
This item was listed on the City Council’s agenda, which was posted 10 days in advance of the
meeting.
Environmental Review
The subject project is exempt from the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines 15061 (b)(3) in that it can be reasonably seen that a change
in land use that replaces one grocery store with another of the same size and services would
not have an impact on the environment.
Attachments:
Attachment A: Real Produce International Market Overview (PDF)
Attachment B: Planned Community Ordinance #5069 (PDF)
Attachment C: Restrictive Covenant (PDF)
Attachment D: Grocery Store Layout (PDF)
Real Produce International Market
501 Oxford Ave, Palo Alto, CA
Business Overview
Real Produce International Market is excited to bring high quality products at reasonable prices
to the City of Palo Alto. Leveraging from decades of experience in the grocery industry, Real
Produce will model the Palo Alto location after its brick and mortar store in San Jose.1 The new
market will offer locally sourced produce (with a focus on organic) and as well as groceries and
specialty items from near and far. In addition, there will be a deli, grab and go area, fresh
flowers and a coffee area to serve the needs of the community. Customers will be able to shop
in-store or order online. Real Produce International Market will offer free, same-day delivery
to all Palo Alto residents, something that will serve residents during Covid and beyond.
Below are some specific details regarding the business:
1. Hours of operation: 6 am and 10 pm.
2. Management and staff:
a. Khaled Taffi’s family has been in the grocery business for three generations. They
operate the San Jose store as well as a wholesale/distribution business in South
San Francisco and Oakland. More information in Letter to Jonathan Lait, dated
October 9th, 2020, and below.
b. Khaled Taffi will be the Manager.
c. Staffing. The goal is to hire local for the staffing of the store.
3. How will the Real Produce team’s wholesale businesses complement the Real Produce
International Market in Palo Alto?
a. The wholesale business2 is an established distribution channel with a strong
reputation. They have access to high quality organic products at lower prices
that they can pass along to customers because of these other businesses.
b. No wholesale goods will be sold at the Palo Alto location. Wholesale is an
entirely different business. The consumer business is much smaller quantities
that are sold and is not at all related to the scale of selling wholesale.
4. What factors indicate that Real Produce International Market will be successful in Palo
Alto?
1 See Facebook “Real Product SJ.” Also see: https://www.yelp.com/biz/real-produce-san-jose
2 Cali fresh: https://www.producemarketguide.com/company/576706/real-produce-inc
Growers produce Inc. https://www.producemarketguide.com/company/1009781/growers-
produce-inc
a. There have been requests to open a second location in Palo Alto from current
customers.
b. The Palo Alto community appreciates local organic food and specialty groceries.
This location is bigger than the San Jose space, so it will be able to offer an
expanded array of goods including meats, and freshly cooked food.
c. The San Jose store is located near Costco and Trader Joes and yet thrives
because of the niche business model whereby high quality items are offered at
at reasonable prices.
d. There is an excellent reputation with local vendors (i.e. Clover milk, Petaluma
creamery, rock island organic meats, organic girl, Unify, and others) as well as
the ability to obtain specialty goods from other areas, (i.e. cheeses, international
offerings).
e. Experience shows that lower prices and a diversity of offerings bring customers
and vibrancy which, in turn, grows the customer based and ensures success.
5. Overview of the grocer space:
a. See floor plan, attached. .
b. The space was improved for the prior grocer. No further improvements are
required at this time, as there is great priority in opening by Thanksgiving.
c. Cash registers for check-out.
d. Meat section.
e. Deli section.
f. Display space. All shelving will be placed in more or less the same locations as
shown on the floor plan. Shelving up-grades may occur in the future. Some
produce will be displayed in moveable carts.
6. Marketing plan: Social media, word of mouth/ reputation, fliers, signage.
7. Signage:
a. Temporary sign with name, grand opening and local hiring outreach.
b. Permanent sign – in development.
Ordinance No. 5069
Ordinance of the Council of the City of Palo Alto Amending
Section 18.08.040 of the Palo Alto Municipal Code (The
Zoning Map) to Change the Classification of Property Known
as 2180 El Camino Real from Neighborhood Commercial
(CN) District to PC Planned Community 5069 for a Mixed Use
Project Having 57,900 Square Feet of Floor Area For A
Grocery Stqre (intended for JJ &F Market), Other Retail Space,
Office Spa<!e, and Eight Affordable Residential Units, With
Two Levels Of Below-Grade Parking Facilities and Surface
Parking Facilities For The College Terrace Centre, and
Approval of Design Enhancement Exceptions to Allow a Sign
Spire and Gazebo Roof to Exceed the 35-FootHeight Limit,
and to Allow Encroachment Into A Minimum Setback on
Oxford Avenue.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1.
(a) Carrasco and Associates clo Linda Poncini ("the Applicant") on behalf of The
Clara Chilcote Trust clo Patrick Smailey ("property owner") formally applied on
October 18, 2007 to the City for approval of a rezoning application (the
"amendment") from CN 'Neighborhood Commercial' to a Planned Community
(PC) district for a site comprised of four parcels located at 2180 EI Camino Real
(the "Subject Property") to accommodate the uses set forth below.
(b) The City Council, after duly noticed public hearings held on July 13, 2009 and
July 27, 2009 initiated the amendment process, and forwarded the project to the
Planning and Transportation Commission (PTC) for review and recommendation,
to be followed by Architectural Review Board (ARB) review and
recommendation, and then final review and final action by the City Council.
(c) The PTC, after a duly noticed public hearing held on October 14,2009, reviewed,
considered, and recommended approval of the revised Initial Study draft
Mitigated Negative Declaration and recommended that Section 18.08.040 (the
Zoning Map) of the Palo Alto Municipal Code be amended to rezone the Subject
Property to Planned Community to permit construction of the proposed project
located as shown on 'Exhibit A,' attached to this document and incorporated by
reference. Draft conditions of project approval 'Exhibit B' attached to this
document and incorporated by reference were presented to the PTC for review
and comments.
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(d) The ARB, after a duly noticed public hearing held. on November 5, 2009,
reviewed the project design and recommended that the City Council approve the
project with associated draft conditions of approval 'Exhibit B.'
(e) The PTC, after a duly noticed public hearing held on December 2, 2009,
confirmed their approval of the project and conditions of approval (Exhibit B).
(f) The City Council, after a duly noticed public hearings held on December 7, 2009,
and after due consideration of the proposed project, the Mitigated Negative
Declaration, the analysis of the project by City staff, and the modification of the
proposed conditions recommended by the PTC and the ARB, finds that the
proposed Ordinance is in the public interest and will promote the public health,
safety and welfare, as hereinafter set forth.
(g) The Council finds that (1) the Subject Property is so situated, and the use or uses
proposed for the site are of such characteristics that the application of general
districts or combining districts will not provide sufficient flexibility to allow for
the Project; and (2) development of the Subject Property under the provisions of
the PC Planned Community District will result in public benefits not otherwise
attainable by application of the regulations of general districts or combining
districts, as set forth in Section (4)( c) hereof; and (3) the use or uses permitted,
and the site development regulations applicable within the proposed district are
consistent with the Comprehensive Plan (Goals, Policies and proposed
designation of Mixed Use for the Subject Property) and are compatible with
existing and potential uses on adjoining sites or withiri the general vicinity.
SECTION 2. Section 18.08.040 of the Palo Alto Municipal Code, the "Zoning
Map," is hereby amended by changing the zoning of Subject Property from "CN Neighborhood
Commercial" to "PC Planned Community 5069."
SECTION 3. The City Council hereby finds with respect to the Subject Property that
the project (the "Project") as depicted on Development Plans dated October 22, 2009,
incorporated by reference, comprises a mixed-use development that includes the following
components:
(a) The replacement of 18,028 square feet of existing commercial space with 57,900
square feet of new commercial and residential space. The commercial space
would include 8,000 square feet for a grocery store, 5,580 square feet of other
ground floor retail space, and 38,980 square feet of office space;
(b) Eight (8) residential be1ow-market-rate (BMR) units, comprising 5,340 square
feet;
(c) Underground parking garage containing 216 parking spaces on two levels;
(d) Surface parking lot accommodating 11 parking spaces;
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(e) 24 on-street parking spaces around the site's perimeter;
(t) A landscaped plaza at the corner of Staunton Court and Oxford Avenue;
(g) Removal of street trees along Staunton Court, and Oxford and College Avenues
and planting of new street trees within the sidewalk area;
(h) Removal and replacement of some or all street trees along EI Camino Real in tree
wells;
(i) Automobile driveways on EI Camino Real, Oxford Avenue and Staunton Court
providing access to parking lots and an area for loading and deliveries. Access to
the below grade parking would be provided from the EI Camino Real driveway.
SECTION 4. The Development Plan dated October 22,2009, and any approved
supplemental materials, for the Subject Property, as submitted by the applicant pursuant to
Palo Alto Municipal Code Section (P AMC) 18.38.090, shall be subject to the following
permitted and conditional land uses and special limitations on land uses, development
standards, parking and loading requirements, modifications to the development plans and
provisions of public benefits outlined below, and conditions of project approval, attached and
incorporated as I!Exhibit BI!.
(a) Permitted and Conditionally Pennitted land uses shall be allowed and limited as
follows:
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Permitted Uses (subject to the limitations below under Section 4(b):
(1) Multifamily Residential
(2) Professional and General Business Offices (excluding medical offices)
(3) Retail Services (excluding liquor stores)
(4) Eating and Drinking Services (excluding drive-in and Take-out services)
(5) Personal Services
Conditionally Pennitted Uses:
(1) Farmers Markets
(2) Businesses that operate or have associated activities at any time between
the hours of 10:00 p.m. and 6:00 a.m. (such businesses shall be operated in
a manner to protect residential properties from excessive noise, odors,
lighting, or other nuisances from any source during those hours)
The following conditionally permitted uses are only permitted within the areas
designated as office space on the development plan: .
(1) Banks and Financial Services
(2) Commercial recreation
(3) Private clubs, Lodges, and Fraternal Organizations
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(b) Special limitations on land uses include the following:
(1) A grocery store, with an area of at least 8,000 square feet, shall exist
within the development for the useful life of the improvements;
(2) The grocery store shall be a neighborhood. serving grocery store that
provides all the typical grocery store products and services of a
neighborhood serving store such that it shall not become a convenience
mart facility;
(3) A signed lease for the grocery store, enforceable against the tenant and
approved by the City Attorney, shall be submitted prior to issuance of any
building permits on the site.
(4) The grocery tenant shall occupy and begin operations prior to any office
tenant occupancy.
(5) The below-market rate housing shall be occupied not later than 120 days
after the first occupancy of the office building. No more than 50% of the
office space shall be occupied prior to occupancy of the housing.
(6) The grocery tenant, if it is a party other than John Garcia (DBA JJ&F),
shall be subject to the prior approval of the City of Palo Alto and shall not
be withheld unless the City reasonably finds that such proposed grocery
tenant is not likely to be comparable in quality of products and service as
J J &F as it existed and operated on December 7, 2009.
(7) The grocery store space shall remain in continuous operation as a grocery
store. "Continuous shall be defined to include brief closure for ordinary
business purposes. "
(8) No medical office shall be permitted within the development;
(9) The office uses within the project shall not exceed 38,980 square feet;
(10) The 5,580 square feet of area designated as "Other Retail" on the
development plan shall not be converted to ground floor office space; and
(11) The "Other Retail" space may be occupied by retail uses, personal service
use, or eating and drinking services only.
(12) Use of the outdoor market area as shown on the project plans as being
2,447 square feet shall be limited to an open air market for grocery related
uses only.
(c) Development Standards:
Development Standards for the site shall comply with the standards prescribed for
the Planned Community (PC) zone district (Chapter 18.38), and as modified in
Section 4(a) and (b) above.
(d) Parking and Loading Requirements:
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In addition to the parking and loading requirements specified in P AMC 18.52 and
18.54, a Transportation Demand Management (TDM) Program has been
incorporated in the Development Plan to allow reductions in parking
requirements. The TDM is shown in 'Exhibit C' and is attached to this document
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and incorporated by reference. The final TDM plan shall provide for
implementation and monitoring as provided in the conditions of approvaL
(e) Modifications to the Development Plan and Site Development Regulations:
Once the project has been constructed consistent with the approved Development
Plan, any modifications to the exterior design of the Development Plan or any
new construction not specifically permitted by the Development Plan or the site
development regulations contained in Section 4 (a) (c) above shall require an
amendment to this Planned Community zone, unless the modification is a minor
change as described in PAMC 18.76.050 (b) (3) (e), in which case the
modification may be approved through the Minor Architectural Review process.
Any use not specifically permitted by this ordinance shall require an amendment
to the PC ordinance, except that conversion of designated office space to retail
use shall not require amendment.
(f) Public Benefits:
Development of the Subject Property under the provisions of the PC Planned
Community District will result in public benefits not otherwise attainable by
application of the regulations of general districts or combining districts. The
Project includes the following public benefits that are inherent to the Project and
in excess of those required by City zoning districts:
(1) Provision of an 8,000 square foot neighborhood-serving grocery market.
(2) 4 Below Market Rate housing units.
(3) A contribution of $5,000 dollars for tree planting within the EI Camino
Real median.
(g). Development Schedule:
The Project is required to include a Development Schedule pursuant to P AMC
18.38.100. The approved Development Schedule is set forth below:
Construction of the Project shall commence on or before December 2012, unless
extension(s) are granted. The total time for project construction and occupancy of
spaces is three (3) years, or by December 2015.
SECTION 5. Council approves the Architectural Review application, finding that:
(a) The design is consistent and compatible with applicable elements of the city's
Comprehensive Plan as set forth in Resolution No. 9012, Adopting an
Amendment to the Comprehensive Plan Land Use Map by Changing the Land
Use Designation for 2180 El Camino Real From Neighborhood Commercial to
Mixed Use. The proposed mixed use development containing office, residential,
retail and commercial uses is consistent with the Mixed Use land use designation;
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(b) The design is compatible with the immediate environment of the site in that the
proposed buildings are designed to meet the EI Camino Real Design Guidelines
and be sensitive to the lower scale residential neighborhood beyond;
(c) The design is appropriate to the function of the project in that the project has been
designed to be pedestrian friendly, provide additional bike and vehicular parking,
attract people to the project and provides unique amenity spaces;
(d) In areas considered by the board as having a unified design character or historical
character, the design is compatible with such character. In this case, the building
is not within an area of unified design character or historical character;
(e) The design promotes harmonious transitions in scale and character in areas
between different designated land uses in that the project includes the proposal to
locate the two story residential component across from the existing residential
uses on Staunton Court to create a transitional buffer between the existing
residential uses and the proposed commercial buildings;
(f) The design is compatible with approved improvements both on and off the site in
that the proposed buildings and other project improvements would blend well
with the existing off site improvements by proposing to break up the proposal in
to multiple buildings with varying heights to control the mass and scale;
(g) The planning and siting of the various functions and buildings on the site create
an internal sense of order and provide a desirable environment for occupants,
visitors and the general community in that the proposed design reduces
neighborhood traffic by placing the garage entry on EI Camino, improves the
economic viability of the grocery market by placing it at the visible corner of EI
Camino, brings light into the below grade parking structure with a large open
bamboo garden, locates the commercial buildings away from existing residential
uses, and provides landscaped open spaces;
(h) The amount and arrangement of open space are appropriate to the design and the
function of the structures in that several open spaces are provided to
accommodate the various uses that may occur at the site. These spaces include
the garden square at the corner of Staunton Court and Oxford Avenue, the roof
top gazebo at the vegetated green roof and the arcade and open area at the corner
of Staunton Court and College Avenue;
(i) Sufficient ancillary functions are provided to support the main functions of the
project in that the proposal includes a large trash storage area, ample areas for
bike parking, and an underground vehicle parking area;
G) Access to the property and circulation thereon are safe and convenient for
pedestrians, cyclists and vehicles in that the driveway to the underground garage
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has been designed such that vehicles existing the garage are level with the
sidewalk such that the drivers view of pedestrians is not impeded, extra bike and
vehicle parking spaces have been provided and there are pedestrian pathways
provided to allow access through the project;
(k) Natural features are appropriately preserved and integrated with the project. The
site is already developed and contains some mature trees that would be removed
to accommodate the proposed podium over the below grade parking. The trees to
be removed will be replaced with new plantings including approximately 41 new
street trees around the perimeter of the project, a bamboo garden that would grow
up through the center of the parking structure, various potted plantings throughout
the project, and trees and plantings within the proposed garden square.
(1) The materials, textures, colors and details of construction and plant material are
appropriate expression to the design and function in that the proposal includes
many detail elements to ensure the proposed architectural style is appropriately
expressed;
(m) The landscape design concept for the site, as shown by the relationship of plant
masses, open space, scale, plant forms and foliage textures and colors create a
desirable and functional environment in that landscape elements have been
incorporated wherever they could over the concrete podium. There are planters at
entry locations and the fronts of the buildings, there is a large bamboo garden
growing up through the center of the project, a vegetated green roof over the
grocery store, and a garden square;
(n) Plant material is suitable and adaptable to the site, capable of being properly
maintained on the site, and is of a variety which would tend to be drought-
resistant and to reduce consumption of water in its installation and maintenance in
that the proposal includes many plant species that perform well within this
environment;
(0) The project exhibits green building and sustainable design that is energy efficient,
water conserving, durable and nontoxic, with high-quality spaces and high
recycled content materials. The following considerations should be utilized in
determining sustainable site and building design:
(1) Optimize building orientation for heat gain, shading, daylighting, and
natural ventilation;
. (2) Design of landscaping to create comfortable micro-climates and reduce
heat island effects;
(3) Design for easy pedestrian, bicycle and transit access;
(4) Maximize on site stormwater management through landscaping and
permeable paving; .
(5) Use sustainable building materials;
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(6) Design lighting, plumbing and equipment for efficient energy and water
use;
(7) Create healthy indoor environments; and
(8) Use creativity and innovation to build more sustainable environments.
(P) The design incorporates many of the above mentioned green building measures
including photo voltaic panels on the roof and a green roof. (see LEED and Build
It Green checklists, Attachment G)
The design is consistent and compatible with the purpose of architectural review, to:
(1) Promote orderly and harmonious development in the city;
(2) Enhance the desirability of residence or investment in the city;
(3) Encourage the attainment of the most desirable use of land and
improvements;
(4) Enhance the desirability of living conditions upon the immediate site or in
adjacent areas; and
(5) Promote visual environments which are of high aesthetic quality and
variety and which, at the same time, are considerate of each other.
SECTION 6. Design Enhancement Exceptions (DEEs) are approved as follows:
(a) Height Exceptions for the proposed rooftop gazebo and the architectural signage
spire above the grocery store, which would exceed the 35 foot limit by five feet
and ten feet, respectively, with an additional seven feet of height for the metal
pole atop the spire, rising to 52 feet.
(b) Setback Exception to allow portions of the building along Oxford Avenue to
encroach into a ten foot setback; specifically, to allow a 7'9" encroachment for
the second floor of the grocery store building and parts of the first floor" and 3'6"
encroachment for the recessed first floor areas as set forth in the project plans.
(c) DEE Findings:
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(1) There are exceptional or extraordinary circumstances or conditions
applicable to the property or site improvements involved that do not apply
generally to property in the same zone district, in that, although the
adjacent parcel on Oxford Avenue is not occupied by a residential use, its
zoning is residential and forces the imposition of a more restrictive
setback requirement upon a portion of the site. The intent of the more
restrictive height and setback regulations is to ensure that the new
commercial development is sensitive to the nearby residential uses. Being
that the adjacent use is not residential the need for the sensitivity is
diminished.
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(2) The granting of these Exceptions will enhance the appearance of the site
or structure, or improve the neighborhood character of the project and
preserve an existing or proposed architectural style in a manner which
would not otherwise be accomplished through strict application of the
minimum requirements of Title 18 and the standards for review set forth in
this Chapter, in that (a) the height exception for the gazebo would allow
the construction of a shade structure that would provide an amenity space
on the roof top and this space would provide views over the vegetated roof
and would serve to help increase awareness of green roofs; (b) the height
exception for the signage spire allows for the provision of a stronger
element for the grocery store building to give the building more
dominance at the corner, improving the significance of the building in this
location; and (c) the setback encroachment improves the design of the
streetscape in this location since the project faces the EI Camino Real
commercial strip and employing a similar urban setback and sidewalk
along Oxford Avenue preserves the continuity of the design, such that
implementation of a ten foot setback and landscaped yard at this corner
would appear odd in relationship to the use of a hotel across the street.
(3) The Exception is related to a site improvement that will not be detrimental
or injurious to property or improvement in the site vicinity, and will not be
detrimental to the public health, safety, general welfare or convenience, in
that (a) the height exceptions are for minor architectural elements that
improve the architecture, do not contribute to the bulk and mass of the
structure, and are not in close proximity to residential uses such that they
would have a negative impact upon them; and (b) the setback
encroachment occurs opposite a residential zone but no residences would
be impacted by encroachment since a hotel is located opposite the grocery
store building and the encroaching wall of the grocery store building
would be across the street from the back side of the hotel and even with
the encroachment, a generous 14'-5" wide sidewalk would be provided.
SECTION 7. Indemnification. To the extent pennitted by law, the Applicant
shall indemnifY and hold harmless the City, its City Council, its officers, employees and agents
(the "indemnified parties") from and against any claim, action, or proceeding brought by a third
party against the indemnified parties and the applicant to attack, set aside, or void this ordinance
or any permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys fees and costs incurred in defense of the litigation. The
City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
SECTION 8. Acceptance by the applicant. If the Applicant does not accept the
Proposed ordinance in writing prior to second reading of the ordinance and within 30 days of the
Council's adoption, the question of the appropriate zoning of the Subject Property shall be
referred to the Planning and Transportation Commission for their consideration and
recommendation, which may include the CN zone, the CN zone plus various overlays, a newly
10
100114 syn 8261209
crafted zone applicable to Neighborhood Centers or such other zone as the Commission deems
appropriate.
SECTION 9. A mitigated negative declaration (MND) for this project was prepared
in accordance with the California Environmental Quality Act and circulated for public review for
a 30-day period beginning on October 9, 2009. The City Council approved the MND at its
meeting of on December 7, 2009.
SECTION 10. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED: December 07, 2009
PASSED: January 11, 2010
AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID,
SHEPHERD,YEH
NOES:
ABSTENTIONS:
ABSENT:
APPROVED AS TO FORM: [~~fV A:~ City At orney .
cY.O¥ntZ0~ '~f 1 . d DIrector 0 P anmng an
Community Environment
100114 syn 8261209
11
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Legend
~~BI>.~l0 2180 EI Camino Real (Project Site)
Stanford Lands
Zone Districts
Zone District Labels
The CI!y of
Palo Alto
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2180 El Camino Real
Zoning Districts
Area Map
Exhibit A
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Exhibit B
2180 EI Camino Real
Conditions of Project Approval
Planning and Transportation Division Conditions
1. The project shall be constructed as depicted on plans dated October 22, 2009 and
labeled as 'Approved Plans' and the project, including uses, shall be implemented in
accordance with Section 4 of the PC Ordinance (PC.50 6 9), except as modified by these
conditions of approvaL
2. The applicant shall return to the Architectural Review on consent calendar to
address the following:
a) Provide clarified floor plans for the BMR units (with room names)
b) Clarify the site circulation, making it more clear;
c) Consider redesign of the exterior stair to the roof top garden, this shall include the
elimination of the diagonal banding;
d) Consider simplifying the pathway from the exterior stairs to the gazebo area on
the roof;
e) Review the banding of the grocery store building, consider one color with the two
different finishes;
:t) Provide details of the transformer fencing;
g) Reconsider the tile roofs at the office towers;
h) Consider some modification to the grocery walls facing Oxford A venue such as a
mural, display windows etc.;
i) Provide additional information about the private open spaces and the materiality
of it;
j) Provide additional information about the bridge, materials, underside, etc.;
k) Consider redesign of the striped tower;
1) Reconsider the selection ofthe Ash tree species;
m) Provide additional information about the proposed bamboo (species and height)
related to the canted wall;
n) Provide detail to show how the headlights going into the below grade parking will
or will not impact the BMR units;
0) Consider redesign of the BMR units such that they are equally as striking as the
other buildings in the project;
p) Provide more information regarding the plant pallet and conceptual plan for the
green roof;
q) Provide more information about all screening ~lements and locations; and
r) Provide additional information about potted plant~'and the planting at the open
area at the center of the project as well as the planting for the trellises located at
the at-grade parking area.
3. The ARB shall address making the vegetated roof maximally observable to
owners, occupants, tenants and visitors during normal business hours of the office
Exhibit B to PC Ordinance for 2180 EI Camino Real
building, provided, however, that enjoyment of the vegetative roof shall not interfere with
or derogate from the health of the growth thereon.
4. The owners/occupants of the BMR units shall have access to view and enjoy the
vegetated roof from the gazebo during normal business hours of the office building.
5. The PC shall be inspected at least once every three years for compliance with the
PC district regulations and the conditions of the ordinance under which the district was
created.
6. The applicant shall comply with applicable provisions of Palo Alto's noise
ordinance, both during construction and following construction, for the life of the project
as per Chapter 9.10 ofthe Palo Alto Municipal Code and pursuant to PAMC Section
18.23.060, requiring an acoustical analysis at the time of building permit issuance, and
demonstration and certification that it complies with the Noise Ordinance prior to final
inspection. Any new noise producing equipment shall be placed as far away as is feasible
from any existing residential sites and as close to El Camino Real as is possible.
7. The building permit for the building in which the grocery store is to be located
shall be pulled concurrently with the building permit for the other non-residential
building in the development.
8. The lease for the grocery store shall have, at minimum, a 20 year initial term.
9. Development Impact fees, totaling approximately $393,684.70, shall be paid prior
to issuance of building permits.
1 0. The applicant shall file and receive approval of a Preliminary Parcel Map/Parcel
Map to combine the four parcels into one. The Parcel Map shall be recorded with the
County of Santa Clara prior to issuance of a demolition permit or building permit.
11. The commercial portions of the project shall be required to attain LEED Silver
level of certification through the USGBC. The residential portion of the project shall be
required to meet the Build It Green multifamily green building requirements.
12. The following mitigation measures from the adopted Mitigated Negative
Declaration are included below as project conditions:
a. Mitigation Measure #1: The project shall include automatic night shades
or other system such as motion sensors and timers for the office windows at the rear of
the building.
b. Mitigation Measure #2: Prior to any excavation the applicant shall
prepare a site specific Health and Safety Plan that conforms to the requirements of Title
29 of the Code of Federal Regulations (VFR) Section 1910.120, the California General
Exhibit B to PC Ordinance for 2180 El Camino Real 2
Industry Safety Order (GISO) and Title 8, California Code of Regulation (CCR) Section
5192.
c. Mitigation Measure #3: All employees and subcontractors involved in
excavation of potentially contaminated material shall be 40 hour Hazardous Waste
Operations and Emergency Response (HAZWOPER) trained and certified.
d. Mitigation Measure #4: Soils shall be field screened, tested, and
properly profiled during redevelopment to determine appropriate reuse or off site
disposaL
e. Mitigation Measure #5: The proposed mechanical equipment shall be
evaluated to ensure compliance with City of Palo Alto noise limit regulations. Measures
such as equipment selection, equipment placement (location), and or the addition of
barriers or enclosures shall be employed to ensure that any new noise producing
equipment is in compliance with the City's noise ordinance.
f. Mitigation Measure # 6: Cal Trans must approve the proposed curb cut
on the EI Camino Real for the driveway to the underground parking garage.
g. Mitigation Measure #7: A Transportation Demand Management (TDM)
program must be submitted by the applicant and approved by the Transportation
Department prior to submittal of a building permit application. The TDM program shall
outline parking and/or traffic demand measures to be implemented to reduce parking
need and trip generation. Measures may include, but are not limited to: parking cash-out
programs, provision of EcoPass (VTA) or Go Pass (Caltrain) for office tenants, shared
parking, enhanced shuttle service, car sharing, providing priority parking spaces for car
poolslvanpools or green vehicles, vehicle charging stations, additional bicycle parking
facilities, or other measures to encourage transit use or to reduce parking needs. The
program shall be proposed to the satisfaction of the Director, shall include proposed
performance targets for parking and lor trip reductions, and indicate the basis for such
estimates, and shall designate a single entity to implement the proposed measures.
State of California Department of Transportation (Cal Trans) Conditions
13. The design standard of the driveway on EI Camino Real (SR 82) must comply
with the Highway Design Manual.
14. Work that encroaches onto the State right of way (ROW) requires an
encroachment permit that is issued by the Cal Trans. To apply, a completed
encroachment permit application, environmental documentation, and five (5) sets of plans
clearly indicating State ROW must be submitted to the address below.
Office of Permits
California DOT, District 4
P.O. Box 23660
Oakland, CA 94623-0660
15. Traffic-related mitigation measures shall be incorporated into the construction
plans during the encroachment permit process.
Transportation Division Conditions
Exhibit B to PC Ordinance for 2180 EI Camino Real 3
16. Do not include or add any monument signs, furniture, or other sight obstructions
(except trees) in the sight triangle on the northern frontage on EI Camino Real. This
condition does not prevent the use of produce or flower stalls, or tables and chairs for
grocery store patrons in the space designated as grocery store outdoor space, so long as
the location of same is approved by the City'S Transportation Department.
17. The TDM shall include at least two car share vehicles. The Final TDM plan
monitoring and implementation shall be carried out in accordance with Palo Alto
Municipal Code Section 18.52.050 (d) TDM requirements, items (3) and (4) with respect
to monitoring, and item (2) with respect to implementation related to performance targets
for parking and trip reduction, and single entity to implement the TDM measures.
Vehicle Parking
18. Spaces adjacent to walls required to be 9' wide (spaces adjacent to mechanical
and utility rooms). Spaces adjacent to poles/columns would be required to be 9.0' wide
based on the location of the columns right at the entry to the parking spaces.
19. Northern most HC spaces can also be labeled as "van accessible" if the combined
opening is 26.0' (9'-8' -9').
20. Include wheel stops where appropriate (all spaces that are at grade with pedestrian
paths, lobbies, or bike locker areas)
Bicycle Parking
21. Illustrate on plans the location of Long Term (lockers) and Short Term bike racks,
including total count similar to vehicular parking. Adequate aisles between lockers and
racks must be shown.
22. Include details of types of racks to be used (must be approved by City Staff).
Plan appears to include inverted-U racks (approved type).
23. All short term bicycle parking (racks) need to be located on the street level and be
located within 50 feet and distributed near each of the main entrances to the various
buildings. (Office racks not in appropriate location)
24. Long term bike lockers are allowed in the garage, but need to be located near
employee elevators/stairs (locations appears to be okay, but all lockers should be on the
first level of garage). .
Building Division Conditions
25. The plans submitted for the building permit shall include the full scope of the
construction of the entire building, including all site development, utility installations,
Exhibit B to PC Ordinance for 2180 EI Camino Real 4
architectural, structural, electrical, plumbing and mechanical work associated with the
proposed project.
26. The applicant shall be required to schedule and attend a pre-application meeting
with Building Division staff to review the permit application process and to verify that
the permit application will include all items required by these conditions.
27. Due to the scale of the overall project, the applicant shall be required to utilize a
3rd party plan check agency to conduct the building code plan review. A list of the
agencies approved by the City of Palo Alto is available at the Development Center. The
City Building plan check fees are reduced by 75% when a 3rd party plan check agency is
utilized.
28. The plans submitted for the building permit shall include an allowable floor area
calculation that relates the mixed occupancies and type of construction.
29. The plans submitted with the permit application shall include the complete design
for disabled access and exiting for the entire site. Disable access features and exiting
within the unimproved offices spaces may be deferred to future tenant improvement
permits.
30. The design of building components that are not included in the plans submitted
for building permit and are to be deferred shall be limited to as few items as possible. The
list of deferred items shall be reviewed and approved prior to permit application.
31. The plans submitted with the building permit application for the shell building
shall include the construction of stairs, exit enclosures and exit passageways extending to
the exterior of the building.
32. All entrances and vertical clearances within the parking structures shall have a
minimum vertical of 8 feet 2 inches where required for access to the accessible parking
spaces per CBC Section 1130B.
33. The location of the building electrical service shall require prior approval by the
Inspection Services Division and shall be located at an exterior location or in a room or
enclosure accessible directly from the exterior.
34. A separate building permit shall be required for the construction of each building.
35. Plans submitted for plan review shall clearly indicate the proposed occupancy
group(s) and type of construction of the building.
36. Plans for the residential units submitted for plan review shall comply with the
latest requirements from the State of California [RCD 1/ AC] Chapter 11 B of the 2007
Edition of the CBC.
Exhibit B to PC Ordinance for 2180 E1 Camino Real 5
37. Plans for the residential units shall include an acoustical analysis and the plans
shall incorporate the report's recommendations needed to show the common walls and
floor ceiling assemblies in compliance with the sound transmission control requirements
in CBC Section 1207.
38. Normal and accessible parking stalls for the residential rental units must be
separated from the stalls of the commercial building and their location must be identified
on plans submitted for plan review.
39. Plans submitted for plan review shall indicate the required number of parking
stalls for the residential units and commercial building. Plans shall also indicate number
of accessible stalls is in compliance with HCD lIAC Chapter liA for residential units
and with DSAI AC Chapter 11 B for the commercial facilities. Parking stalls for each use
shall be separated in accordance with recommendations of the Planning Division.
Fire Department Conditions
40. The Fire Department requires that the developer have a contingency plan in place
to handle any contamination or abandoned underground tanks discovered during
excavation.
41. Emergency Contractor must have State HAZ license.
42. Fire Department shall be notified during normal business hours at the earliest
opportunity in the event of such a discovery.
43. A permit from the Santa Clara County Department of Environmental Health is
required for any underground tank removal.
44. 3 nearest Street Hydrants shall be upgraded to Clow Rich Model 76.
45. Aerial Fire Apparatus access shall be provided for the entire El Camino building
Frontage. No overhead cable will be allowed on this side of the building.
46. Site address to be prominently posted on the building. (2001 CFC90 1) Maximum
vehicle weight bearing capacity for the podium deck shall be posted.
47. Please contact the Palo Alto Fire Department Training Office at 650-321-5617 if
it is at all feasible to allow the Fire Department to use the structures to be demolished for
training purposes.
48. A fire sprinkler system shall be provided which meets the requirements ofNFPA
Standard No. 13, 2002 Edition. (PAMCI5.04.160) Fire Sprinkler system installations or
modifications require separate submittal to the Fire Prevention Bureau.
(PAMCI5.04.083)
Exhibit B to PC Ordinance for 2180 El Camino Real 6
49. An exterior bell shall be provided, and an approved audible sprinkler flow alarm
to alert the occupant shall be provided in the interior of the building in an approved
location. (200ICBC904.3.2) Fire Alarm system installations or modifications require
separate submittal to the Fire Prevention Bureau. (PAMCI5.04.083)
50. Underground fire supply system installations or modifications require separate
submittal to the Fire Prevention Bureau as well as the Public Works Department and the
Water/Gas/Wastewater Section ofthe Utilities Department. (PAMCI5.04.083)
51. All sprinkler drains, including those for floor control valves and inspectorl.s test
valves, as well as the main drain, shall not discharge within the building. Water
discharged from these points shall be directed to an approved landscape location or to the
sanitary sewer system. (99NFPA13, Sec. 5-14.2.4.3) NOTE: Please check with Roland
Ekstrand in Utilities for maximum flow capacity of sanitary sewer in the area. Main
Drain test discharge flow rate shall be impounded and attenuated to below sanitary sewer
capacity before discharge.
52. Elevator car shall be sized for Fire Department gurney access requirements based
on gurney dimensions of 24 in. x 84 in. plus a minimum of two emergency response
personnel. (2007 Cal. Bldg. Code Sec. 3002.4a)
53. The maximum weight bearing capacity for the podium deck shall be posted.
54. A fire hydrant is required at the intersections of Oxford A ve.!Staunton Ct. and
College A ve.!Staunton Ct.
55. Fire Department ground ladder access to the dwelling units bedroom egress
windows shall be provided.
56. When the Main Electrical Shutoff is located in the interior of the building, an
exterior shunt trip or other approved means of emergency shutoff shall be provided.
Please contact the Building Div. for details.
57. An approved access walkway shall be provided to each bedroom egress/rescue
window.
58. Provide Fire Department access across the roof of the 3 story building. II. If the
residential units have a different address than EI Camino Real, provide a separate fire
department connection at the housing building.
Public Works Engineering
59. This project must meet the State Regional Water Quality Control Board's
(SRWQCB) revised provision C.3. The applicant is required to satisfy all current storm
water discharge regulations and shall provide calculations and documents to verify
compliance. The project must also enter into a maintenance agreement with the City to
Exhibit B to PC Ordinance for 2180 EI Camino Real 7
guarantee the ongoing maintenance of the permanent C.3 storm water discharge
compliance measures. The maintenance agreement shall be executed prior to the first
building occupancy sign-off. Offsite property or ROW cannot be used to satisfy the C.3
requirements. Every effort should be made to use natural (non-mechanical) methods of
stormwater treatment. The applicant is required to meet with Public Works Engineering
(PWE) prior to final ARB to discuss and review the C.3 stormwater treatment plan.
60. The applicant shall meet with PWE prior to final ARB to discuss the shoring
system to be used in the construction of the project. Shoring systems must be on private
property, out of the right-of-way (ROW) and the use of tie-back systems has specific
requirements which will be discussed at the meeting.
61. The applicant shall, at minimum, submit an application for a minor subdivision
with the Planning division prior to issuance of building permits.
62. The street frontages of the development shall be resurfaced (grind and overlay,
full width) and the curbs, gutters, and sidewalks shall be removed and replaced. This
work shall be detailed in the offsite improvement plans required for the final map process
and it is highly encouraged that the work takes place near the end of the construction
process.
63. The applicant shall install LED streetlights along the frontages of the
development. Type, style and location, etc. shall be determined at the time of offsite
improvement construction and in coordination and consultation with Palo Alto Utilities
Department.
64. Any special surface (Le. sidewalk) treatments proposed within the ROW shall be
reviewed by PWE.
65. The project must be constructed without the use of perimeter or sub grade drains
outside the walls of the subgrade structure. In other words, the project shall be
constructed "like a boat".
66. Provisions for a grease trap shall be made onsite.
67. The applicant is required to meet with Public Works Engineering (PWE) to verify
the basic design parameters affecting grading, drainage and surface water infiltration.
The applicant is required to submit a conceptual site grading and drainage plan that
conveys site runoff to the nearest adequate municipal storm drainage system. In order to
address potential storm water quality impacts, the plan shall identify the Best
Management Practices (BMP's) to be incorporated into the Storm Water Pollution
Prevention Plan (SWPPP) that will be required for the project. The SWPPP shall include
permanent BMP's to be incorporated into the project to protect storm water quality.
(Resources and handouts are available from Public Works -Engineering. Specific
reference is made to Palo Alto's companion document to "Start at the Source", entitled
Exhibit B to PC Ordinance for 2180 EI Camino Real 8
"Planning Your Land Development Project"). The elements of the PWE-approved
conceptual grading and drainage plan shall be incorporated into the building permit plans.
PRIOR TO SUBMITTAL FOR BUILDING PERMIT
68. The applicant shall submit a final grading and drainage plan to Public Works
Engineering. This plan shall show spot elevations or contours of the site and demonstrate
the proper conveyance of storm water to the nearest adequate municipal storm drainage
system. Existing drainage patterns, including accommodation of runoff from adjacent
properties, shall be maintained.
69. 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 on the
applicant's monthly City utility bill will take place in the month following the final
approval of the construction by the Building Inspection Division. The impervious area
calculation sheets and instructions are available from Public Works Engineering.
70. A construction logistics plan shall be provided, addressing at minimum parking,
truck 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 route map which
outlines truck routes available throughout the City of Palo Alto. A handout describing
these and other requirements for a construction logistics plan is available from Public
Works Engineering.
PRIOR TO ISSUANCE OF BUILDING PERMIT
71. Prior to building permit issuance, a digital copy of the parcel map or final map, in
AutoCAD format, shall be submitted to Public Works Engineering and shall conform to
North American Datum 1983 State Plane Zone 3 for horizontal survey controls and
NGVD 1929 for vertical survey controls.
72. A detailed site-specific soil report prepared by a licensed soils or geo-technical
engineer must be submitted which includes information on water table and basement
construction issues. Measures must be undertaken to render the basement waterproof and
able to withstand all projected hydrostatic and soil pressures. No pumping of ground
water is allowed. In general, Public Works Engineering recommends that structures be
constructed in such a way that they do not penetrate existing or projected ground water
levels.
73. The applicant is required to paint the "No Dumping/Flows to Matadero Creek"
logo in blue color on a white background, adjacent to all storm drain inlets. Stencils of
the logo are available from the Public Works Environmental Compliance Division, which
may be contacted at (650) 329-2598. A deposit may be required to secure the return of
the stencil. Include the instruction to paint the logos on the construction grading and
Exhibit B to PC Ordinance for 2180 EI Camino Real 9
drainage plan. Include maintenance of these logos in the Hazardous Materials
Management Plan, if such a plan is part of this project.
74. The project includes the construction of dumpster and recycling areas as part of a
food service facility. Regulations require that the dumpster/recycling area be adequately
roofed or covered.
75. The project includes the construction of dumpster and recycling areas. City
guidelines require that this area be covered.
76. The project includes a loading dock. Design of the loading area shall comply
with the Palo Alto Municipal Code (PAMC) Sec. 16.09.032(2).
DURING CONSTRUCTION
77. The contractor must contact the CPA Public Works Inspector at (650) 496-6929
prior to any work performed in the public right-of-way.
78. No storage of construction materials is permitted in the street or on the sidewalk
without prior approval of Public Works Engineering.
79. The developer shall require its contractor to incorporate best management
practices (BMP's) for stormwater pollution prevention in all construction operations, in
conformance with the Storm Water Pollution Prevention Plan prepared for ,the project. It
is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint,
chemicals, etc.) or other waste materials into gutters or storm drains. (PAMC Chapter
16.09).
80. 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 FINALIZATION
81. All sidewalks and curb and gutters bordering the project shall be removed and
replaced in compliance with Public Works approved standards. Sec. 12.08.010.
82. All unused driveways shall be removed and replaced with curb and gutter. Sec.
12.08.090.
83. All street surfaces along the frontages ofthe development shall be removed and
replaced (grind and overlay, full-width).
84. 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-
Exhibit B to PC Ordinance for 2180 EI Camino Real 10
off. Similarly, all as-builts, on-site grading, drainage and post-developments BMP's shall
be completed prior to sign-off.
85. A curb ramp for the disabled will be required at corners of the development.
PRIOR TO SUBMITTAL OF PARCEL OR FINAL MAP
86. Subdivision Agreement is required to secure compliance with condition of
approval and security of improvements onsite and offsite. No grading or building permits
will be issued until Final or Parcel Map is recorded with County Recorder.
87. The applicant shall arrange a meeting with Public Works Engineering, Utilities
Engineering, Planning, Fire, and Transportation Departments after approval of this map
and prior to submitting the improvement plans. These improvement plans must be
completed and approved by the City prior to submittal of a parcel or final map.
88. The project subdivision includes significant complexity involving, final map and
coordination of infrastructure design and construction. Developer shall appoint a Project
Manager to coordinate with City, Public Works and Utility, engineering staff. Public
Works will conduct daily and longer term communication with appointed project
manager in order to facilitate timely review and approval of design and construction
matters.
89. All construction within the City right-of-way, easements or other property under
City's jurisdiction shall conform to standard specifications of the Public Works and
Utility Department. Sec. 12.08.060.
PRIOR TO RECORDATION OF PARCELIFINAL MAP
90. The subdivider shall post a bond prior to the recording of the final parcel or
subdivision map to guarantee the completion of the "on" and "off" site condition(s) of
approvaL The amount of the bond shall be determined by the Planning, Utilities and
Public Works Departments.
Public Works Recycling
91. Recommend that enclosure doors open full width of enclosure, service aisle and
curbs do not restrict access to enclosure.
92. Enclosure access must not conflict with loading dock.
93. PASCO services enclosure from street and distance from street to enclosures is
beyond standard service. Additional charges apply for service beyond 25 feet from street.
94. PASCO will not drive into loading dock to provide service.
95. Tallow bins must be segregated from refuse/recycling area of enclosure to
eliminate slip hazardous due to spills.
Exhibit B to PC Ordinance for 2180 EI Camino Real 11
Electric Utility Engineering Department Conditions
96. The applicant shall comply with all the Electric Utility Engineering Department
service requirements noted during plan review.
PRIOR TO ISSUANCE OF DEMOLITION PERMIT
97. The Permittee shall be responsible for identification and location of all utilities,
both public and private, within the work area. Prior to any excavation work at the site,
the Permittee shall contact Underground Service Alert (USA) at 1-800-227-2600, at least
48 hours prior to beginning work.
98. The Applicant shall submit a request to disconnect all existing utility services
and/or meters including a signed affidavit of vacancy, on the form provided by the
Building Inspection Division. Utilities will be disconnected or removed within 10
working days after receipt of request. The demolition permit will be issued after all
utility services and/or meters have been disconnected and removed.
THE FOLLOWING SHALL BE INCORPORATED IN SUBMITTALS FOR
BUILDING PERMIT
99. A completed Electric Load Sheet and a full set of plans must be included with all
building permit applications involving electrical work. The load sheet must be included
with the preliminary submittal.
100. Industrial and large commercial customers must allow sufficient lead-time for
Electric Utility Engineering and Operations (typically 8-12 weeks after advance
engineering fees have been paid) to design and construct the electric service requested.
101. Only one electric service lateral is permitted per parcel. Utilities Rule &
Regulation # 18.
102. This project requires a padmount transformer. The location of the transformer
shall be shown on the site plan and approved by the Utilities Department and the
Architectural Review Board. Utilities Rule & Regulations #3 & #16.
103. The developer/owner shall provide space for installing padmount equipment (Le.
transformers, switches, and interrupters) and associated substructure as required by the
City. In addition, the owner shall grant a Public Utilities Easement for facilities installed
on private property as required by the City.
Exhibit B to PC Ordinance for 2180 EI Cami1,lo Real 12
104. The customer shall install all electrical substructures (conduits, boxes and pads) .
required from the service point to the customer's switchgear. The design and installation
shall be according to the City standards and shown on plans. Utilities Rule &
Regulations #16 & #18.
105. The customer shall maintain a minimum of six feet horizontal clearance between
the nearest conductor at rest and any part of the new development. The customer shall
meet all California General Order No. 95 clearance requirements.
106. Location of the electric panel/switchboard shall be shown on the site plan and
approved by the Architectural Review Board and Utilities Department.
107. All utility meters, lines, transformers, backflow preventers, and any other required
equipment shall be shown on the landscape and irrigation plans and shall show that no
conflict will occur between the utilities and landscape materials. In addition, all
aboveground equipment shall be screened in a manner that is consistent with the building
design and setback requirements.
108. For services larger than 1600 amps, the customer will be required to provide a
transition cabinet as the interconnection point between the utility'S padmount transformer
and the customer's main switchgear. The cabinet design drawings must be submitted to
the Electric Utility Engineering Department for review and approval.
109. The customer is responsible for sizing the service conductors and other required
equipment according to the National Electric Code requirements and the City standards.
Utilities Rule & Regulation #18.
110. Ifthe customer's total load exceeds 2500kV A, service shall be provided at the
primary voltage of 12,470 volts and the customer shall provide the high voltage
switchgear and transformers. Utilities Rule & Regulation #3.
111. Projects that require the extension of high voltage primary distribution lines or
reinforcement of off site electric facilities will be at the customer's expense and must be
coordinated with the Electric Utility ..
112. Any additional facilities and services requested by the Applicant that are beyond
what the utility deems standard facilities will be subject to Special Facilities charges.
The Special Facilities charges include the cost of installing the additional facilities as
well as the cost of ownership. Utilities Rule & Regulation #20.
COMMENTS ON SUBMITTALS
113. Drawing AI.l -First Floor & Site Plan
Exhibit B to PC Ordinance for 2180 EI Camino Real 13
• Transformer Pad size (and working spaces), boxes, conduit size and
quantity will be determined after Electric Load Sheets are submitted. A 3'x5' primary
box is required in front of each transformer pad.
• Three feet clearance is required on each side of the transformer pad.
There shall be eight feet of clearance in the front of the transformer. Transformer shall
not be in an enclosed environment.
114. Drawing A2.2 Elevations
• Elevation drawings shall show that the project meets California General Order
No. 95 clearance requirements.
Regional Water Quality Control Plant Conditions
115. Drain plumbing for parking garage floor drains must be connected to an oil/water
separator with a minimum capacity of 100 gallons, and to the sanitary sewer system
(PAMC 16.09.032(B)(17).
116. Substances containing copper in excess of2.0 mglL, tributyl tin in excess of 0.1
mg/L, or chromium in excess of2.0 mg/L may not be added to cooling systems in Palo
Alto. These concentrations apply to the substances prior to dilution with cooling system
water. (Note: The City of Palo Alto Municipal Code has proposed additions to this
requirement which include substances that may not be added to cooling towers containing
Zinc in excess of2.0 mg/liter and Molybdenum in excess of2.0 mg/liter.) (PAMC
16.09.115)
117. A flow meter shall be installed to measure the volume of blow down water from
the new cooling tower. Cooling systems discharging greater than 2,000 gallons per day
are required to meet a copper discharge limit of 0.25 milligrams per liter.
118. Prior to draining any existing closed loop chilled water, the water in each of the
existing loops shall be tested for copper, lead, nickel, and zinc. Test results shall be
submitted to the Regional Water Quality Control Plant. Treatment of the chilled loop
water prior to draining may be required if the pollutant concentrations exceed discharge
limitations contained in the P AMC.
119. If thermometers will be installed on the chilled water supply and return piping.
Non-mercury thermometers should be used for this application.(This is a
recommendation and not required).
120. If the project is located in an area of known groundwater contamination with
Volatile Organic Compounds (VOCs) then the plans must include the following
procedure for construction dewatering pursuant to (PAMC 16.09.117, 16.09.110(h):
121. Prior to discharge of any water from construction dewatering, the water shall be
tested for volatile organic compounds (VOCs) using EPA Method 601/602. The
Exhibit B to PC Ordinance for 2180 El Camino Real 14
analytical results of the VOC testing shall be transmitted to the Regional Water Quality
Control Plant (RWQCP). If the concentration of any VOC exceeds 5 ug/L (5 ppb), the
water may not be discharged to the storm drain system and an Exceptional Discharge
Permit for discharge to the sanitary sewer must be obtained from the R WQCP prior to
discharge. If the VOC concentrations exceed the toxic organics discharge limits
contained in the Palo Alto Municipal Code, a treatment system for removal ofVOCs will
also be required prior to discharge to the sanitary sewer. Additionally, any water
discharged to the storm drain system must be free of sediment.
122. Connections to the storm drain shall not be permitted for loading docks where
chemicals, hazardous materials, grease, oil, or waste products are handled (P AMC
16.09.032).
123. Loading dock drains may be connected to the sewer only if the area in which the
drain is located is covered or protected from rainwater run-on by berms and/or grading,
and appropriate wastewater treatment approved by the superintendent is provided. Any
loading dock area with a sanitary sewer drain shall be equipped with a fail-safe valve,
which shall be kept closed during periods of operation.
124. Condensate lines shall not be connected or allowed to drain to the storm drain
system (PAMC 16.09.032(b)(8).
125. New dumpster areas shall be covered. The area shall be designed to prevent
water run-on to the area and run-off from the area (P AMC 16.09.1 06( e) Dumpsters for
New and Remodeled Facilities).
Undesignated Retail Space
126. Newly constructed or improved buildings with all or a portion ofthe space with
undesignated tenants or future use will need to meet all requirements that would have
been applicable during design and construction. If such undesignated retail space
becomes a food service facility the following requirements must be met pursuant to
PAMC Section 16.09.103(a) Grease Control Devices for Food Service Facilities:
• A grease control device (GCD) shall be installed with a minimum capacity of750
gallons. The GCD must be sized in accordance with the 2007 California Plumbing
Code. The sizing calculation must be submitted with the plans. All grease generating
drainage fixtures shall be connected to the GCD. The connection of any dishwashers
or pasta cookers to a GCD is prohibited. All large, in-ground interceptors shall have
a minimum of three manholes to allow visibility of each inlet piping, baffle (divider)
piping and outlet piping to ensure accessibility for inspection, cleaning and removal
of all contents. The plans shall clearly indicate the number of manholes on the GCD
and a list of all drainage fixtures connecting to the GCD. Two manholes may be
allowed under certain conditions only granted by the Environmental Compliance
Division of Public Works Department.
Exhibit B to PC Ordinance for 2180 EI Camino Real 15
• To ensure all food service establishment drainage fixtures are connected to the correct
lines, each drainage fixture shall be clearly labeled on the plans. Also a list of all
fixtures and their discharge connection, i.e. sanitary sewer or grease waste line, shall
be included on the plans.
• New buildings constructed to house food service facilities shall include a covered
area for a dumpster. The area shall be designed to prevent water run-on to the area
and runoff from the area. Drains that are installed within the enclosure for recycle
and waste bins, dumpsters and tallow bins (used oil containers) serving food service
facilities are optional. Any such drain installed shall be connected to a GCD and the
sanitary sewer. If tallow is to be stored outside then an adequately sized, segregated
space for a tallow bin shall be included in the covered area (PAMC 16.09.032b(l6)
'Covered Dumpsters for Food Service Facilities').
• The installation of a garbage grinder at any food service facility is prohibited after
January 1,2003. The kitchen cannot utilize a garbage grinder for food waste disposal
to the sanitary sewer (PAMC 1 6.09.1 03(e) Prohibition Against Garbage Disposals).
• Food service facilities shall have a sink or other area for cleaning floor mats,
containers, and equipment, which is connected to a grease interceptor and the sanitary
sewer (PAMC I6.09.032b(l6) Large Item Cleaning Sink for Food Service Facilities.)
Public Works Operations-Trees
127. Provide optimum public tree replacement for street trees. The plans shall show
and provide a streets cape design with materials on the civil, landscape and irrigation
drawings with the following information and direction:
• EI Camino Real and Oxford Avenue Frontage: Utilize city-approved Silva Cell soil
planter (approx. 30-inch depth) beneath the new sidewalk from comer to comer.
Utilities shall be allowed to pass thru the planters. Provide automatic irrigation using
a solar smart controller with two bubblers per tree. Utilize Public Works Planting
Detail #604. Beneath each tree planting site, auger two 4-6" diameter drain holes 3ft
deep below the bottom of the planter basin soil and backfill with medium sand (0.25
to 0.5 mm) or fine gravel. For El Camino Real, utilize Platanus a. 'Columbia',
Columbia Plane, #15 size, spaced 30-feet on center, a minimum of I5-feet from street
lights and 1 O-feet from utilities and driveways. For Oxford Avenue, utilize Fraxinus
a. 'Autumn Purple' , Autumn Purple Ash (or other species as may be agreed upon by
the Directors of Planning and Community Environment and Public Works), #15 (ball
and burlap) B&B or 15 gallon minimum size, spaced 25-30 feet on center, a
minimum of I5-feet from street lights and IO-feet from utilities and driveways.
• Staunton Court and College Avenue Frontage: Provide automatic irrigation using a
solar smart controller with two bubblers per tree. Utilize Public Works Planting
Detail #604. Beneath each tree planting site, auger two 4-6" diameter drain holes 3ft
deep below the bottom of the planter basin soil and backfill with medium sand (0.25
Exhibit B to PC Ordinance for 2180 EI Camino Real 16
to 0.5 mm) or fine graveL Automatic irrigation shall be provided to all street trees as
required in landscape design conditions below. On College Avenue, utilize Fraxinus
a. 'Autumn Purple' , Autumn Purple Ash (or other species as may be approved by the
Directors of Planning and Community Environment and Public Works), # 15 B&B or
15 gallon minimum size, spaced 25-30 feet on center, a minimum of IS-feet from
street lights and 10-feet from utilities and driveways. On Staunton Court frontage,
utilize Fraxinus pennsylvanica 'Cimmzam', Red Ash (or other species as may be
approved by the Directors of Planning and Community Environment and Public
Works), #15 B&B or 15 gallon minimum size, spaced 25-30 feet on center, a
minimum of IS-feet from street lights and lO-feet from utilities and driveways.
Planning Department Arborist
128. LANDSCAPE PLANS.
a. Provide a detailed landscape and irrigation plan encompassing on-and off-
site plantable areas out to the curb shall be approved by the Architectural Review Board.
A Landscape Water Use statement, water use calculations and a statement of design
intent shall be submitted for the project. A licensed landscape architect and qualified
irrigation consultant will prepare these plans, to include:
i) All existing trees identified both to be retained and removed including
street trees.
ii) Complete plant list indicating tree and plant species, quantity, size, and
locations.
iii) Irrigation schedule and plan.
iv) Fence locations.
, v) Lighting plan with photometric data.
vi) Trees to be retained shall be irrigated, aerated and maintained as necessary
to ensure survival.
vii) All new trees planted within the public right-of-way shall be installed per
Public Works (PW) Standard Planting Diagram #603 or 604 (include on
plans), and shall have a tree pit dug at least twice the diameter of the root
ball.
viii) Landscape plan shall include planting preparation details for trees
specifying digging the soil to at least 30-inches deep, backfilled with a
quality topsoil and dressing with 2-inches of wood or bark mulch on top of
the root ball keeping clear of the trunk by I-inch.
ix) Automatic irrigation shall be provided to all trees. For trees, PW Detail
#513 shall be included on the irrigation plans and show two bubbler heads
mounted on flexible tubing placed at the edge of the root ball. Bubblers
shall not be mounted inside an aeration tube. The tree irrigation system
shall be connected to a separate valve from other shrubbery and ground
cover, pursuant to the City's Landscape Water Efficiency Standards.
Irrigation in the right-of-way requires a street work permit per CPA Public
Works standards.
x) Landscape Plan shall ensure the backflow device is adequately obscured
with the appropriate screening to minimize visibility (planted shrubbery is
Exhibit B to PC Ordinance for 2180 EI Camino Real 17
preferred, painted dark green, decorative boulder covering acceptable;
wire cages are discouraged).
b) Mandatory Landscape Architect (LA) Inspection Verification to the City. The LA
of record shall verify the performance measurements are achieved with a separate letter
of verification to City Planning staff, in addition to owner's representative for each of the
following:
i) Tree and Shrub Planting Specifications, including delivered stock, meets
Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling
roots and previously topped trees are subject to rejection.
DURING CONSTRUCTION
129. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to
Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5)
apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair
or replacement of any publicly owned or protected trees that are damaged during the
course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree
Technical Manual, Section 2.25.
130. GENERAL. The following general tree preservation measures apply to all trees to
be retained: No storage of material, topsoil, vehicles or equipment shall be permitted
within the tree enclosure area. The ground under and around the tree canopy area shall
not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary
to ensure survivaL
PRIOR TO OCCUPANCY
131. LANDSCAPE INSPECTION. The Planning 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.
132. PLANNING INSPECTION. Prior to final sign off, contractor or owner shall
contact the city planner (650-329-2441) to inspect and verify Special Conditions relating
to the conditions for structures, fixtures, colors and site plan accessories.
POST CONSTRUCTION
133. MAINTENANCE. All landscape and trees shall be maintained, watered,
fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-
2001 or current version). Any vegetation that dies shall be replaced or failed automatic
irrigation repaired by the current property owner within 30 days of discovery.
Exhibit B to PC Ordinance for 2180 EI Camino Real 18