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HomeMy WebLinkAbout2016-01-19 City Council Agenda PacketCITY OF PALO ALTO CITY COUNCIL January 19, 2016 Special Meeting Council Chambers 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 January 19, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 5:00-6:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Molly Stump, Suzanne Mason, Dania Torres Wong, Alison Hauk) Employee Organizations: Palo Alto Police Officers Association (PAPOA); Palo Alto Police Managers’ Association (PAPMA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Service Employees International Union, (SEIU) Local 521; Management, Professional and Confidential Employees; Utilities Management and Professional Association of Palo Alto (UMPAPA) Authority: Government Code Section 54957.6(a) 2 January 19, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Agenda Changes, Additions and Deletions City Manager Comments 6:00-6:10 PM Oral Communications 6:10-6:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 6:25-6:30 PM 2.Approval of Action Minutes for the January 4, 2016 Council Meeting Consent Calendar 6:30-6:35 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 3.Adoption of an Ordinance Amending Palo Alto Municipal Code Chapter4.60 (Business Registration Program) to Exempt Very Small Businesses, Very Small Non-Profits, and Religious Organizations With no Ancillary Business on Site From the Business Registration Program, and Review of Policy and Services Committee Recommended Updates to Enforcement Approach and Questionnaire Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 6:35-7:15 PM 4.Approval of a Request for Proposal (RFP) for the Sale of 2,500 Square Feet of Transferrable Development Rights for the Sea Scout Building (Without Parking Exemption) and Direction to Amend the Lease Between the City and the Environmental Volunteers to Reflect Updated Obligations Regarding Restroom Construction 7:15-7:45 PM 5.Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15 7:45-10:30 PM 6.Joint Session With the Citizens Advisory Committee for the Comprehensive Plan Update: Introduction to the Comprehensive Plan Update Draft Environmental Impact Report & Review of Next Steps in the Planning Process Additional Information Additional Information 3 January 19, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 4 January 19, 2016 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Finance Committee Meeting Cancellation January 19, 2016 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Public Letters to Council Set 1 Sustainablility and Climate Change Summit January 24, 2016 CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 19, 2016 The Honorable City Council Palo Alto, California Approval of Action Minutes for the January 4, 2016 Council Meeting Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 01-04-16 DRAFT Action Minutes (DOC) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 2 Regular Meeting January 4, 2016 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:11 P.M. Present: Berman, Burt, DuBois, Filseth, Holman, Kniss, Scharff, Schmid, Wolbach Absent: Special Orders of the Day 1. Election of Mayor for 2016. NOMINATION: Council Member Filseth nominated Council Member Schmid for Mayor for 2016. NOMINATION: Council Member Kniss nominated Council Member Burt for Mayor for 2016. NOMINATION FOR COUNCIL MEMBER SCHMID FAILED: 4-5 DuBois, Filseth, Holman, Schmid yes NOMINATION FOR COUNCIL MEMBER BURT PASSED: 5-4 Berman, Burt, Kniss, Scharff, Wolbach yes 2. Election of Vice Mayor for 2016. NOMINATION: Council Member Wolbach nominated Council Member Scharff for Vice Mayor for 2016. NOMINATION: Council Member DuBois nominated Council Member Holman for Vice Mayor for 2016. DRAFT ACTION MINUTES Page 2 of 2 City Council Meeting Draft Action Minutes: 1/4/16 NOMINATION FOR COUNCIL MEMBER SCHARFF FOR VICE MAYOR PASSED: 5-4 Berman, Burt, Kniss, Scharff, Wolbach NOMINATION FOR COUNCIL MEMBER HOLMAN FOR VICE MAYOR FAILED: 4-5 DuBois, Filseth, Holman, Schmid 3. Resolution 9570 Entitled, “Resolution of the Council of the City of Palo Alto Expressing Appreciation for Outstanding Public Service to Karen Holman as Mayor.” MOTION: Council Member Schmid moved, seconded by Vice Mayor Scharff to adopt the Resolution expressing appreciation for outstanding public service to Karen Holman as Mayor. MOTION PASSED: 9-0 Adjournment: The meeting was adjourned at 7:36 P.M. City of Palo Alto (ID # 6470) City Council Staff Report Report Type: Consent Calendar Meeting Date: 1/19/2016 City of Palo Alto Page 1 Summary Title: Business Registry Ordinance Title: Adoption of an Ordinance Amending Palo Alto Municipal Code Chapter 4.60 (Business Registration Program) to Exempt Very Small Businesses, Very Small Non-Profits, and Religious Organizations with No Ancillary Business On Site from the Business Registration Program, and Review of Policy and Services Committee Recommended Updates to Enforcement Approach and Questionnaire From: City Manager Lead Department: City Manager Recommendation The Policy & Services Committee and Staff recommend that Council: 1. Adopt an ordinance amending Chapter 4.60 of the Palo Alto Municipal Code to exempt very small businesses, very small non-profits, and religious organizations with no ancillary business on site (the suggested minor changes are shown in context in Attachment A). 2. Review the staff enforcement plan for businesses not yet registered. 3. Review the updated questionnaire (Attachment B). Executive Summary This action codifies the Council-directed changes to the Business Registry program. It includes updates to the administration of the Business Registry based on the input of the Policy and Services Committee, especially as it relates to refinements and additions to the questionnaire and activities related to enforcement of non-registered companies. Background In November, 2014, the Council adopted Ordinance #5279 creating a business registry certificate (BRC) requirement. The ordinance requires all businesses operating in a fixed place of business in the City to obtain a BRC. To obtain a certificate, businesses must complete a City questionnaire, which is available online through the City’s website, and pay a flat $50 fee. Home-based businesses and transitory businesses (such as general contractors whose City of Palo Alto Page 2 corporate office is located outside of the city) are exempt from the ordinance. Based on initial Council direction, non- profit corporations (in fixed places of business within Palo Alto) are not exempted from the BRC. The related staff report (including Ordinance #5279) is available online at: https://www.cityofpaloalto.org/civicax/filebank/documents/44100. The program was launched in March of 2015. On September 15, 2015, staff returned to Council with an update on the first 6 months of the program, and the Council discussed direction related to the second phase of the business registry. At that time, approximately 69% of businesses (2,173 of 3,151 in the subject list) had registered in the City. Staff has continued the outreach/ initial enforcement work as well as the refinement of the subject list. As of December 7, 2015, 89% of businesses (2,557) are registered from a total subject list (2,876). At the September meeting, Council gave staff direction relating to the enhancement/ refinement of the business registry online system. Subsequently, staff executed a contract with OpenCounter, the BRC software service provider, and work has begun on phase 2 related to reporting capabilities, improvements to user functionality, and user experience. Council also directed staff to obtain the National Establishment Time Series Database (NETS) as a point of comparison for the BRC. The most recent NETS database was very recently released, and staff obtained it in mid-December. Staff is reviewing it, and anticipates some training with the provider to gain an understanding of its value for comparative purposes. Further, staff was directed to exempt very small businesses, very small non-profits, and religious organizations with no ancillary business on site, and to further define the aspects of the ordinance related to enforcement including proposed mechanisms for ensuring compliance. Staff was directed to return to Policy & Services in a timely manner with these changes as well as to discuss changes to the registration survey to ensure that any suggested changes could be brought to Council and subsequently incorporated into the BRC program in time for the renewal date in year two of the program (launching March 1, 2016). Staff was also directed to explore integration with other permits and return to the Policy & Services Committee with a plan for implementation to execute as Phase 3 of the BRC. Lastly, the Council directed staff to return to Policy and Services Committee to review the possibility of including short term rental businesses in the BRC. The staff report from September is available at: http://www.cityofpaloalto.org/civicax/filebank/documents/48831. The action minutes for the September Council meeting are available here: http://www.cityofpaloalto.org/civicax/filebank/documents/49138. On December 15, 2015, staff met with the Policy & Services Committee and received feedback on the ordinance, enforcement approach, and questionnaire. The staff report from that evening is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/50169. Action minutes are available at: City of Palo Alto Page 3 http://www.cityofpaloalto.org/civicax/filebank/documents/50496 Discussion The updated ordinance draft (Attachment A), includes the Council-directed, and Policy & Services reviewed exemptions for year 2 of the program. Staff and the Committee recommend that “very small” businesses or non-profits be defined as entities with less than one full time equivalent (FTE) worker. In implementing the registry, staff received questions regarding the applicability of the registry as it relates to one- member firms. Staff does not believe this limited exemption would impact the primary goal of the registry – reliable data collection. Likewise, Council recommended including an exemption for religious organizations with no ancillary business on site and this has also been included in the updated ordinance. Within the ordinance and associated administrative penalty schedule, late penalties and administrative penalties for non-compliance are established. Late fees are currently assessed at $25 for 30-day past due and an additional $25 for 60-day past due. Administrative penalties for non-compliance with the registry are established at $250. As of December 2015, 299 Palo Alto businesses are 60+ days past due. On December 1, 2015, staff sent a final mailing indicating that those businesses who do not comply immediately may be subject to administrative penalties. Staff sought input from the Policy & Services Committee as to the level of proactive outreach (and related resource impacts) it thought staff should undertake to obtain full compliance. It must be noted that compliance with the ordinance dictates both the payment of the fee and the remittance of required data related to the business. Staff is in the process of evaluating outside firms for the purposes of proactive outreach/compliance activity of those firms very seriously delinquent (180 days late) and may return to Council with any resulting contract or contract amendment. Within the attached questionnaire (Attachment B), the required questions are highlighted in yellow. Based on input from the Policy & Services committee as it relates to the question set, several refinements and additions to the question set have been included. As noted in earlier reports, the requirement of Federal Employer Identification Number (FEIN) was changed shortly after the launch to be an optional question for all businesses. This was due to some concerns raised early into the launch. The FEIN is an important data point for the City to collect, especially as it relates to comparing and linking companies across disparate data sets. It is included in the business license questionnaire in every other City that Staff surveyed. Staff and the Policy & Services Committee recommend that it once again be a required question for all businesses. Since very small companies are the most likely to use their Social Security Number as the FEIN, their exemption from the BRC (as per tonight’s recommended action) will virtually eliminate earlier concerns regarding the collection of this sensitive data point. Based on input from the Policy & Services Committee, staff has refined the question related to parking, and made some clarifications to other areas of the question set. Staff has also added some questions related to Transportation Demand Management and Transportation City of Palo Alto Page 4 Management Association. We may continue to refine some of the questions but we believe we are able to proceed and it isn’t necessary for Council to approve the precise wording of questions included. With respect to adding short-term rentals to the BRC, staff recommends that this aspect be discussed within the context of a future Council conversation regarding the overall issue of short term vacation rentals. Integration of the BRC with other City permits and inspections (for example the Certificate of Use or “Use and Occupancy” permit) will be the focus of staff discussions in the first quarter of 2016. As noted in the September report, the significant overhaul of this existing process is a major internal work effort requiring key staff time from multiple departments, additional software and technical resources. Timeline Staff expects to return to Council on February 1, 2016 for a second reading of the updated ordinance. The first renewals of the Business Registry will begin on March 1, 2016 and are due per the ordinance by March 31, 2016. Staff is targeting a return to the Policy & Services Committee in the summer of 2016 with an initial strategy for integration of the BRC with other City permits and inspections (Phase 3 of the BRC). Phase 3 is largely dependent on Council direction once this initial strategy is available, but is expected to begin implementation in late 2016. Resource Impact Currently, there are 667 companies and non-profits registered in the program with 1 or less employee, with 161 indicating less than 1 employee, and 506 indicating 1 employee. Staff expects that some of the sole proprietors that indicated 1 employee are actually less than 1 FTE. Therefore, staff estimates that the revenue impacts of exempting employers with less than 1 employee will result in a negative impact to revenues between $8,050 and $33,350. Exempting religious organizations with no ancillary business on site is expected to negatively impact revenues by about $1,000. The costs to administer the business registry will ultimately decrease due to these changes as well, although the estimation based on these actions is not immediately known (largely because in phase 2 the software is still in a development mode). As staff begins to streamline the program as part of the FY 2017 budget process, Business Registry expenses and fees will be re-evaluated to ensure that the program aligns to the stated 100% cost recovery goal. Policy Implications Launching phase two of the Business Registry Program is consistent with Council direction. Data from the BRC is considered helpful in achieving programs outlined in the City’s Comprehensive Plan. Environmental Review City of Palo Alto Page 5 Information gathering and data collection is not a project for the purposes of the California Environmental Quality Act. Attachments:  Attachment A: 0131496 ORD Business Registration Revised January 19 2016 (PDF)  Attachment B: Business Registry Questionnaire (PDF)  Attachment C: Public Letters to Council (PDF) NOT YET APPROVED 151130 jb 0131496 1 Rev. January 19, 2016 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Amending Chapter 4.60 of the Palo Alto Municipal Code Regarding Business Registration Program The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 4.60.040 of Chapter 4.60 (Business Registration) of Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code is hereby amended to read as follows: 4.60.040 Exemptions from Business Registration The following types of businesses are exempt from this chapter: (a) Home based business (b) Transitory business (c) Non-profit organizations having less than one full time equivalent employee (a) Businesses having less than one full time equivalent employee (b) Religious organizations which operate a worship hall but have no other ancillary facilities or services. For purposes of this exception ancillary facilities or services include but are not limited to religious or educational classrooms, gift shops, and daycare services. SECTION 2. Any provision of the Palo Alto Municipal Code inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this chapter. SECTION 3. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional. 151130 jb 0131496 2 Rev. January 19, 2016 SECTION 4. The Council finds that the adoption of this chapter is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline section 15061 because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment and section 15378(b) (3) in that it involves creation of a governmental funding mechanism or other governmental fiscal activity that does not involve commitment to any specific project that may result in a potentially significant physical impact on the environment. SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ________________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ________________________________ Senior Assistant City Attorney City Manager 1 *Highlights indicate required field BASIC INFORMATION Business Name _____________________________________________________________________ Date ____________ Business Type ______________________________________________________________________________________ (For example: Bar, Daycare, Hair/Nail Salon, Hotel, Medical, Non-Profit, Office, Restaurant, Retail, Private School) BUSINESS DETAILS Address____________________________________________________________________________________________ Street Number and Name Suite or Bldg # Zip Code Main telephone number ______________________________________ Business Structure ___ Sole Proprietorship ___ General Partnership ___ Limited Liability ___ Limited Liability Partnership ___ Limited Liability Company ___ Corporation ___ Trust ___ Joint Venture ___ Other (select if no business structure) Business Inception Date Month ______________________ Day _______ Year ___________ Date You Moved to Fixed Place of Business in Palo Alto Month ______________________ Year ___________ Brief Business Description ____________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ APPLICANT INFORMATION First Name ____________________________________ Last Name ___________________________________________ Email Address ___________________________________________ Phone number ______________________________ Mailing Address _____________________________________________________________________________________ Street Number and Name (or PO Box) Zip Code Applicant Role ___ Owner or Principal ___ Employee ___ Administrative or Operational ___ Other Note: If you selected Employee, Administrative/Operational, or Other, complete the information below for Owner/Principal. 2 PRINCIPAL OR OWNER (if not provided above) First Name ____________________________________ Last Name____________________________________________ Email Address ___________________________________________ Phone number ______________________________ Mailing Address _____________________________________________________________________________________ Street Number and Name (or PO Box) Zip Code PRIMARY ADDRESS (where the business is located) Address____________________________________________________________________________________________ Street Number and Name Suite or Bldg # Zip Code Floor business is located ________ Square Footage________________ Total # of Employees at this location (this includes the maximum number of part-time and full-time employees, contractors, and/or volunteers on site during your peak time) _______________ Number of parking permits purchased for employees at this site ________________________ (This is the number of annual number of permits your business purchases for employees at this location to park within the City of Palo Alto) Number of parking spaces dedicated to your business on site ________________________ (This is the number of off-street spaces that your business has exclusive (private) access to. If you share exclusive (private) access with other firm(s), divide total spaces by number of firms, e.g. if there are 10 spaces shared by 2 firms, use 5 spaces as your answer here) Is this your primary mailing address? _______ (If N, go to page 3 and provide a different address than the site you’re using for your primary address.) (Y/N) Do you have any other registered businesses or entities on site? _____ (If Y, go to page 3 and provide the names of all entities.) (Y/N) Does your business have additional locations in the City of Palo Alto? _____ (If Y, go to page 3 and provide information for all locations.) (Y/N) HOURS OF OPERATION Please estimate your opening and closing times to the nearest 30 minute increment. If you’re closed on a particular day, enter “Closed.” Monday ____________ to ____________ Tuesday ____________ to ____________ Wednesday ____________ to ____________ Thursday ____________ to ____________ Friday ____________ to ____________ Saturday ____________ to ____________ Sunday ____________ to ____________ 3 BUSINESS REGISTRATIONS If you have any Federal or State registration numbers for your business, please report them below. Federal Employer Identification Number (EIN) _______________________________________________________ Reseller's license number__________________________________ State of incorporation____________________ TRANSPORTATION DEMAND MANAGEMENT/ COMMUTER BENEFITS Does the business provide any of the following benefits for employees? ____ Flexible work hours ____ On-site bike parking ____ Shuttle service ____ Car or bike share program for employees ____ Subsidized public transit ____ Pre-tax payroll deduction for transit passes COMMUTER PROGRAMS Let us know if you are interested in learning more about commuter programs within the City of Palo Alto. ____ SamTrans ____ Bike Boulevards ____ Bay Area Bike Share ____ Zipcar ____ Caltrain ____ VTA ____ Palo Alto Free Shuttle ____Transportation Management Association MAILING ADDRESS Let us know if you'd prefer correspondence sent to a different address than the site for your primary physical address _____________________________________________________________________________________ Street Number and Name (or PO Box) _____________________________________________________________________________________ City and State Zip Code ADDITIONAL BUSINESS ENTITIES (required if you answered yes to additional business entities on page 2. Enter info for all associated business names. If more than 6, include on a separate sheet) Many business locations contain more than one entity, particularly in the case of commercial real estate offices, financial or investment services and medical uses. Please share the legal names of the other associated entities on site. Associated Business Name 1 ___________________________________________________________________________ Associated Business Name 2 ___________________________________________________________________________ Associated Business Name 3 ___________________________________________________________________________ Associated Business Name 4 ___________________________________________________________________________ Associated Business Name 5 ___________________________________________________________________________ Associated Business Name 6 ___________________________________________________________________________ 4 SECONDARY LOCATION 1 (required if you answered yes to additional locations on page 2. Enter all info for all secondary locations your business maintains within Palo Alto. If more than 4, include on a separate sheet) Address____________________________________________________________________________________________ Street Number and Name Suite or Bldg # Zip Code Floor business is located _______ Square Footage________________ # of Employees at this location_______________ Number of annual parking permits purchased from the City for your employees at this site ________________________ Number of parking spaces dedicated to your business on site ________________________ SECONDARY LOCATION 2 (required if you answered yes to additional locations on page 2. Enter all info for all secondary locations your business maintains within Palo Alto. If more than 4, include on a separate sheet) Address____________________________________________________________________________________________ Street Number and Name Suite or Bldg # Zip Code Floor business is located _______ Square Footage________________ # of Employees at this location_______________ Number of annual parking permits purchased from the City for your employees at this site ________________________ Number of parking spaces dedicated to your business on site ________________________ SECONDARY LOCATION 3 (required if you answered yes to additional locations on page 2. Enter all info for all secondary locations your business maintains within Palo Alto. If more than 4, include on a separate sheet) Address____________________________________________________________________________________________ Street Number and Name Suite or Bldg # Zip Code Floor business is located _______ Square Footage________________ # of Employees at this location_______________ Number of annual parking permits purchased from the City for your employees at this site ________________________ Number of parking spaces dedicated to your business on site ________________________ SECONDARY LOCATION 4 (required if you answered yes to additional locations on page 2. Enter all info for all secondary locations your business maintains within Palo Alto. If more than 4, include on a separate sheet) Address____________________________________________________________________________________________ Street Number and Name Suite or Bldg # Zip Code Floor business is located _______ Square Footage________________ # of Employees at this location_______________ Number of annual parking permits purchased from the City for your employees at this site ________________________ Number of parking spaces dedicated to your business on site ________________________ 5 ___ I declare under penalty of perjury that the information provided in this Application is true and correct as per the BRC Terms and Conditions. ___ I understand that payment of this business fee does NOT represent approval of my use/business with respect to zoning, County Health Department approval, hazardous materials use or storage, wastewater discharge, or any other requirement. Further, I recognize that it is my responsibility to secure appropriate clearances and that it is advisable for me to secure such requisite approvals prior to establishing this business and paying this business registry fee. Authorized Signature __________________________ Payment with a Check Please make check payable to City of Palo Alto in the amount of $50.00* and send with application form to: City of Palo Alto Business Registry 250 Hamilton Street Palo Alto, CA 94301 *Fee Amount: $50 If paid after September 1, 2015: $75 (includes $25 penalty) If paid after October 1, 2015 $100 (includes additional $25 penalty) Please note that after October 1, businesses not registered may be subject to additional penalties and collections activities. Questions? Call (650) 329-2360 or send email to BusinessRegistry@cityofpaloalto.org TERMS AND CONDITIONS NOTE: Payment of a business registry fee and issuance of a business registry certificate do not necessarily entitle you to conduct business in the City of Palo Alto. As the owner or operator of a business, you must comply with all applicable zoning and public safety regulations and obtain all required permits. THIS INFORMATION IS NOT A COMPLETE LISTING OF CLEARANCES THAT MIGHT BE REQUIRED 1. If you intend to alter, remodel, relocate, or install any structural, electrical, plumbing, or mechanical portions of the building, you will need to obtain building permits from the Development Services Department at (650) 329-2496 2. Businesses involving any use changes, exterior building changes, or sign changes are advised to secure Department of Planning and Community Environment approval prior to lease execution or purchase. Contact the Planning and Community Environment Department at (650) 329-2442 3. Businesses operated out of the home must comply with Home Occupation Regulations (Section 18.42.060 of the Municipal Code). 4. If you intend to serve food or beverages on the premises, you must obtain approval from the Santa Clara County Health Department. For information, call (408) 737-1018. 5. If your business uses or stores hazardous materials (including paints, thinners, solvents, acids, compressed gases, etc.), you may be required to obtain a Hazardous Materials Permit from the Fire Department. NOTE: Certain hazardous materials and processes such as spray-painting, welding, etc., are NOT ALLOWED in certain buildings. Contact the Fire Department at (650) 329-2184for information on permitted uses within the City. 6. Industries discharging processed wastewater down the sewer, such as machining fluid, water from glass washing, chemical neutralization, etc., may be required to obtain an Industrial Waste Discharge Permit from the Public Works Department. For more information, call (650) 329-2122. 7. Police Department approval is required for live entertainment, gaming, massage establishments, and outcall massage services. For more information, call (650) 329-2147. 8. If there is a change of ownership, business name, or location, you are required to obtain a new business registration certificate and are subject to any associated fees and approvals. City of Palo Alto | City Clerk's Office | 1/6/2016 8:45 AM Carnahan, David From:William Blythe <wrbsr@sbcglobal.net> Sent:Tuesday, January 05, 2016 3:07 PM To:Council, City Cc:Alex A. Clerk MD; 'Basil Williams'; Betty Guthrie; 'Hyacinth Stephens'; Julian Lake; monielovez@aol.com; sgottke1@comcast.net; Sophia and James Cho; Steve Constantine Subject:Business Registry - for churches? To: City Council, Palo Alto I see in the Mercury News of 1/5/16 (Page B2) that the City Council will discuss, this month sometime, the possibility of lifting registration requirements for religious organizations with no ancillary businesses on site. I support this move. I suggest that requiring churches to file may border on a constitutional issue of separation of church and state, an issue in which I doubt the Council wants to become involved. My church has not yet responded to the request for registration. Thank you for considering removing churches from the registration requirement. William Blythe Administrator Palo Alto Adventist Church 786 Channing Avenue Right-click download help protecOutlook prautomatic dthi s pi ctu reIn ternet. This email is free from viruses and malware because avast! Antivirus protection is active.  City of Palo Alto (ID # 6372) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2016 City of Palo Alto Page 1 Summary Title: Approval of an RFP for the Sale of Transfer Development Rights for the Sea Scout Building Title: Approval of Request for Proposal (RFP) for Sale of 2,500 Square Feet of Transferrable Development Rights for the Sea Scout Building (Without Parking Exemption) and Direction to Amend the Lease Between the City and Environmental Volunteers to Reflect Updated Obligations Regarding Restroom Construction From: City Manager Lead Department: Administrative Services RECOMMENDATION Staff requests that the Council approve the following recommendations: 1. Approve the Request for Proposal (RFP) for the sale of 2,500 square feet of Transferrable Development Rights (TDR) from the Sea Scout Building (without inclusion of parking exemptions) at the minimum starting price of $225 per square foot. 2. Authorize the City Manager to execute and complete the sale of the subject TDR that do not contain “Parking Exemption Rights” to the highest qualified bidder(s), at a price not less than $225 per square foot. 3. Authorize the City Manager to reimburse the Environmental Volunteers (EV) in the amount of $300,000 from the sale proceeds of the TDR for expenses incurred for the rehabilitation and capital improvement of the Sea Scout Building. Staff requests that the Council provide direction on the following requests: 1. EV requests the amendment of Section IXB of the Lease between the City of Palo Alto and the Environmental Volunteers to release EV from the development and construction obligations of building a public restroom in the Baylands Parkland and authorize the City to assume and manage the construction of the public restroom. City of Palo Alto Page 2 2. EV requests the reimbursement amount of $40,334 paid to the City for fees including Utilities and engineering, City dump, Plan Checks or a reduction in the payment from EV to the City for the cost of construction of the public restroom from $75,000 to $35,000. 3. Consideration of any additional amount over the $300,000 from the sale of the TDR to apply to the Sea Scout Building’s project capital cost consistent with July 9, 2007, Council’s approved motion. EXECUTIVE SUMMARY The Sea Scout Building is City owned property located in the Palo Alto Baylands Nature Preserve. In July 9, 2007, after a lengthy Request for Proposal (RFP) process, the City and Environmental Volunteers (EV) entered into an Option to Lease Agreement (Option) for a 40 year term to facilitate the occupancy and rehabilitation of this historical building. The City approved the waiver of $36,000 for building plan check and permit fees and $15,000 in planning fees. EV was to construct and pay for the cost of a public restroom up to $75,000, which the City would maintain. EV is a non-profit organization devoted to promoting the understanding and responsibility of the environment through hands on science education. The Option allowed EV to prepare a detailed construction plan, raise adequate funding for the proposed renovation, and implement its mission for the use of the Sea Scout Building. On October 23, 2008, EV exercised its option and entered into a 40 year lease (Attachment A) with the City. The City Council adopted the Sea Scout Building as a Category 1 structure to the City of Palo Alto’s historic inventory, and later, the City Council approved resolutions designating the City owned buildings, known as the former Sea Scout buildings located at 2560 Embarcadero Road and 2300 Wellesley Street, known as the College Terrace Library and Palo Alto Child Care Center (College Terrace Library will be eligible as a “sender site” in the TDR program). The purpose of the TDR program is to encourage and support the rehabilitation of historic buildings. The program provides a floor area bonus for the qualified rehabilitation of Category 1 and 2 historic buildings and Seismic Category I, II, and III buildings which are either owned by the City of Palo Alto or located in the Downtown Commercial District zone. For City-owned properties, floor area bonuses from eligible sender sites may be sold by the City on the open market through a public bid process. On April 6, 2009, the City Council approved a Request for Proposal (RFP) for the sale of TDR Rights from the Sea Scout Building and allocated the amount of $300,000 or higher from the sale to be given as reimbursement to (EV) towards the capital cost of rehabilitating the building. The City issued an RFP for the sale of 5,000 square feet of TDR from the Sea Scout and College Terrace Buildings, but there were no offers to purchase the TDR. City of Palo Alto Page 3 In the past four years, the real estate market has been undergoing a growth cycle indicating positive trends in the Bay Area. In Palo Alto, we are witnessing some of the highest valuations in decades for residential and commercial properties. The recent sale of the 9,592 square feet of TDR from the Roth Building that did not include any “Parking Exemption Rights” for the price of $300.25 per square foot in May of 2015 indicated that there is robust market demand for this type of product. The proposed sale of 2,500 square feet of TDR will serve to reimburse the EV for their capital cost expenses and the remaining funds from the sale can be used toward the rehabilitation of other historical City owned properties. With the $75,000 contribution from EV, the City can initiate the permitting and construction of the public restroom project in the Baylands, since EV lacks the personnel and the resources to undertake this project. Council has the option of approving and authorizing additional payment above the $300,000 to reimburse EV for the project‘s capital costs. The public bidding process for selling bonus floor area development rights is contained in Policy and Procedure 1-46 ASD (Attachment B) for City owned TDRs. The Council is involved in the TDR sale process when it designates a site as a sender site and subsequently approves or rejects bids. Policy and Procedure 1-46 ASD was changed on April 13, 2009 to allow staff to initiate an RFP to market TDR without requiring Council approval in advance. This change eliminated a procedural step for staff and the Council while preserving the Council's discretion to designate a site as a TDR sender site, and Council’s power to make the ultimate decision to accept or reject bids for those TDR. The successful sale of the subject TDR without any parking exemption rights will settle all the outstanding and remaining issues between the City and EV which need to be resolved by mutual cooperation. BACKGROUND A. Sea Scout Building The former Sea Scout building was a 2,209 square foot wood frame structure composed of two one-story wings on each side and a taller center section equivalent to two stories in height. The building was designed by Birge and David Clark, and donated to the City by Lucie Stern on May 30, 1941. Located in the Palo Alto Baylands Nature Preserve, the building was in poor condition and its floors were subject to flooding during biannual extreme high tides. Its rehabilitation required extensive sub-floor rehabilitation and relocation to higher elevation at its current location in the Baylands Preserve. The Baylands Master Plan (Plan), adopted by the Council in 1979, called for the removal of berths and buildings, including the Sea Scout building, and the return of the harbor to its natural state. Voters reaffirmed the Plan on November 4, 1980, when a ballot measure to continue operation of the harbor was defeated. On February 10, 1986, (CMR:142:86), staff presented Council with a Yacht Harbor Building Assessment Report that recommended the demolition of the Sea Scout building as part of the harbor reclamation project. That same year, Council approved Capital Improvement Program (CIP) Project No. 86-06, which was established to implement the goals of the Plan, including demolition of the Sea Scout building. City of Palo Alto Page 4 On October 24, 1988 (CMR:495:88), and again on June 8, 1998 (CMR:249:98), Council delayed the demolition of the Sea Scout building in order to give the Sea Scouts time to remove its boats from the harbor and find a new place to meet. During this time, the boats were moved to Redwood City’s harbor and Pacific Skyline, Council gave notice that due to liability and financial constraints it would no longer be able to support the Palo Alto Sea Scout base. On May 6, 2002, Council adopted the Historic Resources Board’s (HRB) recommendation to designate the former Sea Scout building as part of the City of Palo Alto’s Historic Inventory in Category 1, as provided in Municipal Code Chapter 16.49. Council referred to the Policy and Services Committee consideration of how the building could become a viable element in the Baylands to be used by the Sea Scouts and other organizations committed to preserving the building for youth and other community uses. The Council also gave direction to the Committee to review issuance of an RFP so that nonprofit organizations would be encouraged to participate. On August 7, 2002, the Historic Resource Board (HRB) was asked to recommend one of three specific sites for the relocation of the Sea Scout Building. In an effort to save the building, the HRB chose to prioritize the sites rather than to select a specific site. HRB also recommended that the Plan be amended to protect and save all historic improvements and that the City take steps to protect the Sea Scout Building from further deterioration prior to turning it over to a third party for renovation. On September 10, 2002, staff requested direction from the Council (CMR: 375:02) regarding issuing a Request for Proposal to relocate, repair, and lease the Sea Scout Building. On March 17, 2003, Council adopted the recommendation (CMR: 143:03) of the Policy and Services Committee directing staff to: 1) remove the direction that the building be used for Sea Scout and other youth activities; 2) prepare a Request for Proposal (RFP) to solicit proposals for options to lease the facility; 3) in the process of selecting a tenant, give preference to an organization that would allow space for public use; and 4) ensure that the tenant’s use of the building be compatible with the Baylands. In response to the RFP, one proposal was received on April 13, 2004. On October 12, 2004, Council approved the September 14, 2004 Policy and Services Committee recommendation (CMR: 410:04) to: 1) not accept the proposal submitted by the Lucie Stern Maritime Center responding to an RFP to relocate, repair and lease the former Sea Scout base: and 2) direct staff to open discussions with EV with a view towards developing a long-term lease. In accordance with Council direction, staff cooperated with EV while it conducted analyses to determine the feasibility of the project for the former Sea Scout building based on the requirements of the City’s RFP for the property. On January 2007, EV submitted a proposal for an option to lease the site. On July 9, 2007, Council approved a motion (Attachment C, CMR: 291:07) to: 1) authorize the City Manager to execute an Option to Lease Agreement with the EV ; 2) waive certain City processing fees for the project in accordance with Policy and Procedures 1-25, Public/Private City of Palo Alto Page 5 Partnerships; and 3) allow funds from the sale of the TDR Transfer Development Rights to apply to the EV project capital costs up to $300,000 with any additional amount over $300,000 subject to the approval of the City Council . The Option to Lease Agreement, dated July 9, 2007, provides for a two-year option term during which EV must receive required approvals of its project plans to rehabilitate, relocate and reuse the former Sea Scout building and provide evidence it has the funds to complete the project. The 40-year lease provides for the EV to use the site as its office headquarters for conducting its mission and providing other public benefits. EV proposed to rehabilitate the building consistent with the Secretary of the Interior’s Standards for Historic Rehabilitation and relocate the building to use as its office headquarters for conducting its mission and providing other public benefits. The plan was to use the small rooms in the building for its offices and the large, two-story-high central room for meetings, training sessions and possibly to accommodate other groups who need meeting space. Additionally, EV planned to provide ecologically-oriented classes and exhibits at the site for Palo Alto citizens and the general public. EV also offered to pay for up to $75,000 of the construction cost of a public restroom, and improve and operate the leased premise at no cost to the City. On August 6, 2008, the HRB reviewed the EV project plans and its March 9, 2007 Historic Structures report for the building and recommended approval with conditions to the Architectural Review Board (ARB) and the Director of Planning and Community Environment. The HRB affirmed that the proposed rehabilitation of the building meets the definition of “Historic Rehabilitation” set forth in Municipal Code 18.18.030(b), and that the proposed plan complies with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. On August 21, 2008, the ARB recommended approval of the project, including a Conditional Use Permit and an Initial Study/Draft Mitigated Declaration. On September 4, 2008, the project received final approval from the Planning Director. On September 15, 2008,(CMR:367:08), Council adopted a Park Improvement Ordinance for the rehabilitation and relocation of the Sea Scout Building in accordance with the approved EV project plans. On October 20, 2008, the Council approved the First Amendment to the Option to Lease with EV (CMR: 419:08) to address the jurisdiction dispute between the State of California and the City by requiring the City to defend any ownership claims asserted by the State. Council also approved that day a resolution (CMR: 414:08) designating the former Sea Scout building as a “Sender Site” in the TDR program, fulfilling the first of five provisions required for eligible City- owned buildings to participate in the TDR program. A summary of those provisions is attached (Attachment C). The second provision, requiring the City Manager to establish a public bidding process to sell the bonus floor area development rights, has been completed and is attached (Attachment D). The third provision was fulfilled by the March 9, 2007 Historic Structures Report prepared by EV for the building and the fourth provision by the project approvals from the HRB, ARB and Director of Planning. Satisfaction of the fifth provision, the establishment by the City Manager of a fund for the proceeds from the TDR sale, will occur following the second attempt for the sale of the TDR. The Council had approved allowing the funds from the sale of the TDR to apply to the EV project capital costs up to $300,000, with any additional amount over $300,000 subject to the approval of the City Council. City of Palo Alto Page 6 On April 6, 2009, the City approved a Request for Proposal (CMR: 171:09) for the sale of TDR from the Sea Scout Building and allocated the amount of $300,000 with any additional amount subject to Council approval from the projected sale to be given as reimbursement to Environmental Volunteers (EV) to apply toward the Capital Cost of the rehabilitation of the building. In August of 2010, the City issued an RFP for the sale of 5,000 square feet of TDR from the Sea Scout and College Terrace Building, but there were no offers to purchase the TDR. The real estate development market was in a downward cycle recovering from the 2007 financial crisis which impacted the demand for products such as TDR that could have been used to add value to new real estate projects. B. Transfer of Development Rights (TDR) The City’s Historic Sites are located in the Public Facility Zoning District. To promote the preservation and historic and seismic rehabilitation of historic buildings, Palo Alto Municipal Code Chapter 18.18.080 permits transfer of footage of development rights from the Historic Site to an eligible receiver site. As a condition of such transfer, the Historic Sender Sites were developed and maintained in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The City has completed the requirements of Palo Alto Municipal Code Section 18.28.060. No floor area bonus will be utilized at the Historic Sender Site. C. College Terrace Building On February 7, 2005, Council approved revisions to the Zoning Code to allow eligible City owned historic properties located in any zone district to be "sender sites" under the Transfer of Development Rights ordinance, transferring historic or seismic rehabilitation floor area bonuses from these sites to eligible "receiver" sites located in the Downtown CD Zone District. As a Category 2 resource, and with the planned historic rehabilitation of the building, the College Terrace Library was eligible as a "sender site" for a 2,500 square foot floor area bonus. The TDR program allows the City to sell the floor area bonus. On April 13, 2009 (CMR: 202:09), the City Council approved Resolutions designating the City owned Building the College Terrace Library and Palo Alto Child Care Center (College Terrace Library) to be eligible as a “sender Sites in the " in the Transfer of Development Rights (TDR) program. In August of 2010, the City issued an RFP for the sale of 5,000 square feet of TDR from the Sea Scout and College Terrace Building. There were no offers to purchase the TDR and College Terrace TDR (2,500 square feet) will not be offered for sale at this time. DISCUSSION Sea Scout Building The City of Palo Alto offered the EV the opportunity to renovate the historic Sea Scout Building. The EV envisioned a space in which to offer the public environmental education study programs City of Palo Alto Page 7 both indoors and throughout the Preserve, trainings, lectures, educational displays and even allowing the building itself – as a rehabilitated historic structure with sustainable (‘green’) elements – to teach visitors about historic and sustainable buildings. Following an arduous seven-year development process and the successful completion of a $3.8 million capital campaign, the EcoCenter (as it was renamed) opened its doors to the public in July 2012. Since then the EcoCenter has welcomed over 5,000 visitors annually and now offers a wide array of educational programs for children, adults, and families. The successful restoration of the Sea Scout Building included:  Planning and acquisition of permits from 15 local, state, and federal agencies.  Temporary relocation of the building and construction of a new foundation upon which the building now sits.  Total building restoration using multiple sustainable (‘green’) building elements.  Adaptive reuse of the original facility now allowing for public access to educational programs and displays.  Reconnection of the Bay Trail that previously was interrupted due to the unsafe nature of the site.  Native plants monitoring program that facilitates enrichment of preserve fauna.  Installation of outdoor educational exhibits including: native marsh-appropriate plants with interpretive signage; interpretive historical plaques; and Eco-Box, a hand-cranked device installed on the front deck that allows visitors to hear recorded educational lessons about the Preserve’s flora and fauna. As a result of the Environmental Volunteers’ successful completion of this project, the following impacts on the community are noted:  Removal of a blighted structure: for decades, the building was an eyesore literally sinking into the Bay.  Safety and security: the deserted, abandoned building was a haven for illicit activity.  Educational enhancements to the Baylands Preserve: with the installation of both outdoor and indoor exhibits and displays, visitors to the preserve enjoy a much enhanced park experience.  Preservation of a local historic resource and honoring of the personalities who created it (Birge Clark, Lucie Stern). Permit and Planning Fees On July 9, 2007, the City Council approved the wavier of City processing fees that included $36,000 in building plan check and permit fees and an estimated minimum of $15,000 in Planning Fees (for detail see attachment E in CMR: 291:07), (Attachment D). EV is also requesting reimbursement of $41,334 in fees that it’s paid to the City (Attachment E). The basis of EV’s request is one of fairness. The City Council in 2007 did not waive the fees for charges pertaining to Utilities and City Dump. EV is requesting a refund since they contend that City of Palo Alto Page 8 it is not fair that EV should pay any City fees to restore the City’s own property. EV believes that in successfully undertaking this project, they increased the City’s real estate portfolio value by millions of dollars; removed a security hazard with which the City had struggled for decades; turned a blighted building that was an eyesore prominently visible in the Nature Preserve into a beautiful structure that adds value to the visitor experience in the Preserve; and restored a historic resource to the community. On October 29, 2012, EV contacted the City by letter requesting that EV’s public restroom obligation be reduced from $75,000 to $35,000 to compensate for the payment of City fees by EV (Attachment F). Public Restroom According to Section IXB of the Lease, “Tenant shall arrange for the construction of a public restroom facility in the existing porta-potty at the Duck pond at the Baylands Park. To the extent the cost of this bathroom exceeds $75,000, the City shall reimburse Tenant for additional cost. The City shall be responsible for maintenance of the restroom.” EV is requesting that the City undertake the management and development of the public restroom at this location. According to EV, the development of the restroom will require the acquisition of numerous permits from many local, state, and federal agencies and the City is better set up to manage that process. According to EV the management of this task would present an undue burden since EV would need to hire a company to manage the project since it lacks the personnel and the resources to implement this part of their lease obligation. EV will pay the City $75,000 toward the future cost of the public bathroom. According to Public Works, the cost of a single unisex public restroom can range from $250,000 to $300,000. A dual public restroom cost can range from $300,000 to $350,000. EV has indicated it will remit to the City a check for whatever amount they are obligated to pay towards the restroom, or offset from any proceeds they receive, however it would present an undue burden for them to manage the construction process. One of the reasons for this is that their construction team has been released due to the fact that the work has been completed for quite some time. It is also important to note that there are multiple local, state, and federal agencies with permitting requirements in the Baylands. Transferrable Development Rights The purpose of the TDR program is to encourage and support the rehabilitation of historic buildings. The program provides a floor area bonus for the qualified rehabilitation of Category 1 and 2 historic buildings and Seismic Category I, II, and III buildings which are either owned by the City of Palo Alto or located in the Downtown CD zone district. For City-owned property, floor area bonuses from eligible sender sites may be sold by the City on the open market through a public bid process. Funds from the sale will be placed in a separate account that accrues interest and can be used to rehabilitate eligible City-owned historic buildings as the Council directs. On February 7, 2005, Council approved revisions to the Zoning Code to allow eligible City-owned historic properties located in any zone district to be “sender sites” under the Transfer of Development Rights ordinance, transferring historic or seismic rehabilitation City of Palo Alto Page 9 floor area bonuses from these sites to eligible “receiver” sites located in the Downtown CD Zone District. Provisions for eligible City-owned buildings to participate in the TDR program are outlined in Chapters 18.18.080, 18.18.070 and 18.28.060 of the Palo Alto Municipal Code (PAMC), Attachment G. First, the Council must designate by resolution City-owned buildings that are Category 1 or Category 2 on the City’s historic inventory or Category I, II or III on the City’s seismic hazards identification list as eligible to participate as a “sender site” in the TDR program. If the City Council does not approve the sale of the TDR, the City will need to pay EV per previous approval. Since the TDR did not sell in 2010, the City did not pay EV the amount that was approved by City Council, and EV did not pay toward the cost of a public restroom. The rehabilitation of the Sea Scout building has been completed. The market for TDR is active and staff has received calls regarding the availability of these products. The City will be marketing only the TDR (2,500 square feet) from the Sea Scout Building. The successful sale of the proposed TDR will facilitate the completion of the following: 1. The City’s refund to EV for the rehabilitation expense of the Sea Scout Building consistent with to the previous existing agreements and Council approval. 2. Deposit of any remainder funds from the sale into a City account to be used for the future improvement of other historical City Buildings. 3. EV’s funding of $75,000 toward the construction of a public restroom. 4. City’s refund to EV for additional expense of City permits. In 2015, Sea Scout Building won a Preservation Design Award from the California Preservation Foundation, a statewide organization that celebrates and recognizes exemplary work in historic preservation, restoration, and rehabilitation (Attachment H). Request for Proposal In accordance with the attached Policy & Procedure I-46D/ASD and Palo Alto Municipal Code sections 18.28.060, 18.18.060, 18.18.070 & 18.18.080, staff intends to prepare and release an RFP sometime in the next several months. Upon release of the RFP, and receipt of responses, if the minimum sale target ($225) per square foot for the TDR has not been achieved, staff will forward the results of the bidding to the Council with a staff recommendation. The Council may accept the bid, or a bid which in its opinion best serves the public interest, or reject any and all bids. If the base bid amounts are received the City will award to the highest single for combined bids. The RFP will include the date proposals are due, the minimum bid price and instructions on how to obtain and submit the bid package. The Information Flyer will explain the TDR program, including both limits and advantages of the development rights offered for sale. The development rights do not have to be assigned to or used on a receiver site at the time of City of Palo Alto Page 10 purchase. They may be held for use or resale at a later date. The Proposal Package will contain detailed information on submitting the bid and the offer and agreement to purchase. Major terms of the RFP are: 1. Minimum bid price of $225 per square foot of floor area bonus. 2. City to offer a maximum of five (5) lots of 500 square foot. 3. Bidders may bid on one or more lots, and the City reserves the right to accept or reject all or part on multiple lot bids. 4. Sealed written bids, accompanied by a good faith deposit in the amount of 10 percent of the actual bid, but not less than $20,000, will be accepted until 3:00 p.m. on ___(TBD)___, 2016. Bids will be opened on __(TBD)__, but will not be accepted or rejected at that time. 5. Within seven days following notification from the City that a bidder was the qualified high bidder, the bidder is to pay the City the difference between the good faith deposit and 25 percent of the total bid. 6. Following acceptance of the bid(s) by the City, the buyer is to pay the balance of the purchase price within 30 days of written notification of acceptance of the bid(s). 7. The proposed Sea Scout TDR cannot be used for “Parking Exemption Rights”. Following Council approval, the RFP will be advertised in local newspapers and the information flyer will be sent to all persons on the Real Estate Division “Surplus Property Mailing List,” persons owning eligible “receiver sites” in the CD District, local developers and others likely to be interested in the offering. TIMELINE Staff expects the transaction to take approximately 30-60 days to complete. RESOURCE IMPACT Sale of these development rights will result in settling an obligation to Environmental Volunteers, and any remaining proceeds will be set in a special account to be applied to planned rehabilitation work of other historical City owned Buildings as Council directs. The release of the RFP is anticipated to coincide with active market conditions for these instruments. The City is to pay the Environment Volunteers the amount of $300,000 from the TDR proceeds or higher amount as discussed above. If the Council does not approve the sale of the TDR, staff will return to the City Council with a budget amendment recommendation to pay EV $300,000 from its General Fund Budget Stabilization Reserve. POLICY IMPLICATIONS This recommendation is consistent with existing City policy. ENVIRONMENTAL REVIEW Authorization of the sale of the development rights for former Sea Scout Building is Categorically Exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15305, Minor Alterations in Land Use Limitation. The rehabilitation project City of Palo Alto Page 11 was Categorically Exempt from CEQA review pursuant to CEQA guidelines section 15331, Historical Resource Restoration/Rehabilitation, as a project limited to maintenance, repair, and rehabilitation in accordance with the secretary of interior standards for historic preservation. Attachments:  Attacement A: Lease - City and EV (PDF)  Attachment B: P& P I-46 ASD (PDF)  Attachment C: CMR- 291-07 Full report (PDF)  Attachment D: Fees Waived Sea Scout Building 07-08 (DOC)  Attachment E: EcoCenter Expenses for City Permits EV (PDF)  Attachment F: Letter EV to Jim Keene_request_2012 (PDF)  Attacment G: Municipal Code TDRs (DOCX)  Attacment H: California Preservation Award 2015 (PDF) ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT B of allo Alto C ty Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL 17 , TCITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES dULY 9, 2007 CMR:291:07 APPROVAL OF OPTION TO LEASE TO THE ENVIRONMENTAL VOLUNTEERS FOR THE FO~MER SEA SCOUT BUILDING AT 2560 EMBARCADERO ROAD RECOMMENDATION Staff recommends that Council: 1) authorize the City Manager to execute the attached Option to Lease Agreement with the Envirolm~ental Volunteers (EV); and 2) waive certain City processing fees for the project in accordance with Policy & Procedures 1-25, Public/Private Partnerships. BACKGROUND The Sea Scout building is a 2,209 square foot wood frame structure composed of two one-story wings on each side and a taller center section equivalent to two stories in height. The building was designed by Birge and David Clark and donated to the City by Lucie Stern on May 30, 1941. Located in the Palo Alto Baylands Nature Preserve, the building is curremly in poor condition and its floors have been subject to flooding during biammal extreme high tides. Its rehabilitation wil! require extensive sub-floor rehabilitation and probable relocation to a higher elevation at or near its current location in the Baylands Preserve. The Baylands Master Plan (Plan), adopted by the Council in 1979, called for the removal of the berths and buildings, including the Sea Scout building, and the retm-n of the harbor to its natural state. Voters reaffirmed the Plan on November 4, 1980, when a ballot measure to continue operation of the harbor was defeated. On February 10, 1986, (CMR:142:86), staff presented Council with a Yacht Harbor Building Assessment Report that recommended the demolition of the Sea Scout building as part of the harbor reclamation project. That same ?’ear, Council approved Capital hnprovement Program (CIP) Project No. 86-06, which was established to implement the goals of the Baylands Master Plan, including demolition of the Sea Scout building. On October 24, 1988 (CMR:495:88), and again on June 8, 1998 (CMR:249:98), Council delayed the demolition of the Sea Scout building in order to give the Sea Scouts time to remove its boats from the harbor and find a new place to meet. During this time, the boats were moved to Redwood City’s harbor, and Pacific Skyline Council gave notice that due to liability and financial constraints it would no longer be able to support the Palo Alto Sea Scout base. CMR: 291:07 Page 1 of 9 ATTACHMENT C On May 6, 2002, Council adopted the Historic Resources Board’s recormnendation to designate the building at 2560 Embarcadero Road, -known as the Sea Scout Base, to the City of Palo Alto’s Historic Inventory in Category 1, as provided in Municipal Code Chapter 16.49. Council referred to the Policy and Services Committee (P&S): 1) the question of"how this unique building could become a viable element in the Baylands to be used by the Sea Scouts and other organizations committed to preserving the building for youth and other conmmnity uses"; and 2) gave direction to the Cormnittee to review, as expeditiously as possible, issuance of an RFP so that other nonprofit organizations would be encouraged to participate. On March 17, 2003, Council adopted the recommendation of the Policy and Services Committee directing staff to: 1) remove the direction that the building be used for Sea Scout and other youth activities; 2) prepare a Request for Proposals to solicit proposals for an option to lease the facility; 3) in the process of selecting a tenant, give preference to an organization that would allow space for public use; and 4) ensure that the tenant’s use of the building be compatible with the Baylands. On October 12, 2004, Council approved the September 14, 2004 Policy and Services Committee recommendation (CMR410:04) to: 1) not accept the proposal submitted by the Lucie Stem Maritime Center responding to an RFP to relocate, repair and lease the former Sea Scout base: and 2) directed staff to open discussions with Environmental Volunteers (EV) with a view to developing a long-term lease.. DISCUSSION Pursuant to Council’s direction, staff has worked with EV on a development plan that would fulfill the following objectives: provide public benefit and public access preserve and maintain the historic significance of the property not adversely impact the Palo Alto Baylands Preserve give preference to non-profit groups benefiting youth, seniors, wildlife and/or the environment relocate the building to higher ground and improve, maintain and operate the property at no cost to the City. EV conducted its analysis to understand the extent of the relocation and renovation. It consulted with an architect, structural engineer, and contractors to determine more specifically the costs associated with the project and developed a fundraising plan based on project costs. In January 2007, EV submitted its proposal (Attachment A), which is summarized below. Proposal Proposer. EV is a non-profit organization devoted to promoting the understanding of and responsibility for the environment through hands-on-science education. EV accomplishes its mission tt~rough the donated services of 160+ trained volunteers supported and coordinated by a paid administrative staff of seven (five fulltime and two part-time). Since its founding in 1972, EV has served over 300,000 school children in Santa Clara and San Mateo Counties. EV volunteers teach specific, ecologically-oriented science topics in classroom settings as well as lead field trips to appropriate sites using local Bay Area environments, such as the Baylands. CMR: 291:07 Page 2 of 9 ATTACHMENT C Proposed Use. EV proposes to rehabilitate and relocate the building to use as its office headquarters for conducting its mission and providing other public benefits. It will use the small rooms in the building for its offices and the large, two-story high central room of over 1,000 square feet for meetings, training sessions and possibly to accommodate other groups who might need meeting space. Additionally, EV intends to provide ecologica!ly-oriented classes and exhibits at the site for Palo Alto citizens and the general public. Proposed Imprm, ements and Relocation. Other than the relocation of the building to higher ground, EV anticipates no changes to the defining historic characteristics of the building, and plans no additions or exterior alterations. The plan for rehabilitation and adaptive re-use will be consistent with the Secretary of the Interior’s standards for Historic Rehabilitation and in accordance with the City’s analysis that the building needs to be at a higher elevation to ensure it is high enough to avoid problems related to water incursion from high tides. EV notes that while it might be feasible to adequately elevate the structure and provide a new foundation at its current location, that alternative is less preferable and likely more expensive, than relocating it a short distance to nearby adjacent high ground as identified by the City in the RFP. EV and its architects will evaluate and analyze both possibilities and also consult with various permitting agencies and entities, and propose to the City the alternative that provides the optimum solution for achieving the overall desired outcomes for a properly functioning and faithfully rehabilitated historic building. Financial Information: EV has an annual operating budget of $560,000. Projected construction costs total $2.2 million to adequately cover overall short and long term costs of the project. As of November 2006, a total of $1,722,500 has been received, pledged or committed. Proposed Metl~od of Operation: EV has created a Project Management Group (PMG) made up of former and current Board members to oversee all aspects of the project. It has also hired a professional Project Manager to: 1) coordinate activities of planning, pemairting, and hiring contractors; 2) interface with City staff mad review boards; and 3) work with community groups as necessary. EV has engaged a Palo Alto architecture firm with experience in historic rehabilitation to advise it on how to restore and rehabilitate the building exterior to optimally retain its character and how to remodel the interior of the building to serve EV’s near and long term operation needs while also retaining significant historic interior features. The firm will help to incorporate environmentally sensitive materials and features into the restoration and to create a green building to the extent feasible under various codes and historic standards. Bid Items: The proposal offers $5,000 for the purchase price of the option and $1.00 per year rent. Proposal Criteria/Evaluation Staff from the Departments of Public Works, Pla~vaing & Community Environment, Community Services, and Administrative Services reviewed EV’s proposal based on criteria similar to that CMR: 291:07 Page 3 of 9 ATTACHMENT C idemified in the earlier RFP (Attachment C). Following is a discussion of the proposal in terms of this criteria. Public Benefits: The proposed use directly benefits youth and the environment, as encouraged by Council and the RFP. Public benefits provided by the proposed use include the advantage of EV headquarters being located at the Palo Alto Baylands, which will enable it to better conduct its mission, facilitate public outreach efforts and enhance its capability to provide volunteer staffing for Palo Alto’s Lucy Evans Baylands Interpretive Center ir~ partnership with the City. Last year, EV served 474 teachers and benefited 10,428 Santa Clara and San Mateo County children through 348 class room services and 129 natural science field trips. EV will provide 50 hours per year of public information and education to Baylands visitors and/or Palo Alto community members. This will include, but not be limited to, environmental education programs, community lectures, open houses, nature walks, Baylands restoration projects, and camp programs. Over time, EV intends to increase the hours offered for these activities, according to the availability of its resources. EV will also create and make available to the public at least two permanent, exterior informational and educational displays. One will highlight the historical background and former uses of the building and another one or more displays will deal with Baylands eco!ogy related to the flora and fauna of the Bay. These displays will be periodically re-designed and updated. In addition, the project will provide for the rehabilitation and adaptive re-use of a historically important but deteriorating building owned by the City. Improvements include seismic up~ading including a new foundation; addition of sustainable and environmentally sensitive features; and improvement of the site with a natural landscaping plan. The rehabilitation and adaptive re-use of the building will incorporate numerous "green" design features to make it a more environmentally sensitive and responsive facility and to provide an example to other organizations and the community. EV wi!l periodically conduct on-site meetings, seminars and educational programs to share its knowledge in this area. The restoration of the natural area around the building will create the opportunity for public education and study of natural area restoration and will include the addition of many more types of native plants than would otherwise be required for basic mitigation. EV will remove the existing seawall and return the waterfront bank to its natural state. EV will also complete an important gap in the popular Marsh Front Trail, which currently circles around the building, to its preferred location along the marsh bank in front of the building. It will accomplish this by constructing accessible comaections between the promenade deck of the relocated building and the two adjacent termini of the existing trail in order to close the gap in the trail. The trail comaections and promenade deck will be open and accessible to the public during park hours, and EV vv-ill be responsible for the maintenance of the trail along the promenade deck itself. Finally, EV will construct a public restroom near the Baylands Duck Pond, to replace the existing porta-potty. EV will pay up to $75,000 for the cost of construction, with the City to reimburse it for any additional cost. The City will maintain the restroom. Degree of Public Access and Fees to be Charged to Palo Alto Citizens. Public access will be provided through the public education, displays and trail access outlined above. In addition, EV will enhance the public’s enviro~maental awareness of natural science CMR: 291:07 Page 4 of 9 ATTACHMENT C issues through programs for which EV may chose to charge fees. It may also periodically rent portions of the building to Palo Alto-based, non-profit, community groups. Both activity fees and rental fees will conform to similar fees charged by Community Services and in accordance to an ammal fee schedule approved in advance by the City Manager. Responsiveness to Historic Guidelines and Standards: EV has contracted for a Historic Structures Report (HSR) on the building which insures compliance under both Federal and State historic statutes, including the Secretary of Interior’s Standards for Historic Rehabilitation. Based on the findings and recomrnendations of the HSR, and under guidance of Palo Alto Historic Resources Board, EV will develop a plan to restore the building as close as possible to its original state in accordance with current building, disability and other codes, EV’s needs, and environmental sensitivity. Consistency with Cio, Goals and Objectives: The proposed use will be allowed under the existing zoning PF-D (Public Facilities-Site and Desig-n District) provided the proposer obtains a conditional use permit during the option term. The proposed use includes public access for exhibits, classes, and demonstrations and is therefore consistent with the requirements that City parkland be open to the public and not limited to exclusive use by private groups. In addition, the proposed use meets policies and programs of Comprehensive Plan Land Use Goal 7: Conservation and Preservation of Pa!o Alto’s Historic Buildings, Sites and Districts, such as Policy L-51, "Encourage public and private upkeep and preservation of resources that have historic merit;" Policy L-52, "Encourage the preservation of significant historic resources owned by the City of Palo Alto;" Policy L-57, "Develop incentives for the retention and rehabilitation of buildings with historic merit in all zones;" and Policy L-58, "Promote adaptive reuse of old buildings." hnpact of the proposed use upon the immediate vicinity/neighborhood the community generally and the environment: The relocation, restoration and rehabilitation of the building and its use by EV is in accordance with Council’s March 17, 2003 direction that the use of the building be compatible with the Baylands and preserve the historic significance of the building. The impact of the proposed use on park traffic mad parking will be addressed during the option period as part of the development approvals. As detailed above in the "Public Benefits" section, the rehabilitation and adaptive re- use of the building will incorporate nmnerous "green" design features to make it a more enviro~maentally sensitive and responsive facility and the natural area around the building will be restored and enhanced with native plants. Both the building and landscape restoration will provide examples and opportunities for education to other organizations and the community. Consideration to be Provided to the Cio’: In addition to the $5,000 purchase price of the option and the $1.00 per year rent, EV will pay for up to $75,000 of the construction cost of the public restroom, and improve and operate the leased premises at no cost to the City. Non-monetary consideration is the public benefit described above. In addition, any transferable development rights created by the project will belong to the City. CMR: 291:07 Page 5 of 9 ATTACHMENT C History/assessment of the proposer’s ability to finance and carry out the proposed use and im]91~o~etnents,¯ EV has performed a revised cost analysis to determine the funding required to complete the project successfully and has determined it would need $2.2 million to cover overall short and long term costs of the project, including short term restoration and relocation; overhead and administrative costs during the years the project would be underway; long range capital for future maintenance and repairs; and contingency. A copy of the $2.0 million campaign budget is attached as E~aibit ! to Attachment B of the attached proposal. EV has begun soliciting funds and so far has raised approximately $1.7 million in cash or commitments, anchored by a $1 million grant from the David and Lucille Packard Foundation. EV is less than $500,000 from its funding goal and will continue to raise funds during the months before most of the funds will be needed. Estimated costs of plam~ing, design, permitting, engineering and construction are included in E:daibit 4 to Attactmaent B of the proposal. EV’s Project Management Group (PMG) includes members with experience overseeing and managing similar projects, including working with the City on plmming, permitting and building an interpretive center at the Enid Pearson Arastradero Open Space Preserve. EV’s Project Manager has had 28 years experience in coordinating project teams for an award-wi~ming architecture finn, providing project management on community buildings and feasibility studies and in working with City staff members. EV’s architectural firm has experience in historical restoration work, and the contractor is well "known locally for many local projects including the Palo Alto YMCA, Castilleja School and Allied Arts building in Menlo Park. A list of PMG members and biographical data along with r~sum~s are attached as Exhibit 2 and 3 to Attachment B of the proposal _Pro _Forma Analysis: In lieu of the 5-year pro forma financi!l analysis, EV has submitted its operating budget and results for its fiscal year ended June 30, 2006 and its approved budget for the fiscal year ending June 30, 2007 (Exhibit 5 to Attactmaent B of the proposal). EV states that its operating budgets do not change significantly from year to year, so any subsequent year budget projections would be similar, though slightly higher in most categories except for occupancy expenses, which would be lower due to reduced rental expenses related to its current location. Option Agreement and Lease Under the attached Option Agreement and Lease (Attachment C), EV is granted a two-year period to satisfy the specified conditions prior to exercising the option and entering into the lease. The major option conditions the EV must satisfy are the following: 1.Pay the option purchase price ($5,000). Submit schematic plans within twelve months of the commencement of the Option Agreement. Receive approval of its development plans from the Historic Resources Board, Architectural Review Board (if applicable), Planning and Transportation Convnission and City Council. The development plans will include specific details of the interior CMR: 291:07 Page 6 of 9 ATTACHMENT C and exterior historic preservation and maintenance features to be included in the development of the property. Receive approval of any land use permits or approvals required to implement the proposed use and improvements. The proposed use and improvements will require approval of a conditional use permit and a variance for parking. o Receive approval of a long term maintenance plan and schedule for the building from the City Manager or his designee. Satisfy the Director of Administrative Services that the EV has sufficient finances or financial commitments to implement the project as approved by the City and furnish the Director of Administrative Services with evidence that sufficient financial security will be available to construct the project. EV Requested Chan~es and Additions to Option and Lease Aareements Attachment D includes a summary of the conditions of the option and the terms of the proposed lease. The terms of the attached option agreement and lease are consistent with the above evaluation criteria with the exception of extending the schematic plan timeline in the Option Agreement and extending the term of the lease. EV has requested an extension of the time requirement to submit its schematic plans to the City from 6 months to 12 months. Staff feels EV’s request to extend the time is reasonable, given the complexity of the project. EV also requested a change to the term of the lease as offered in the RFP from 20 to 40 years. Staff did not feel the public benefits included in EV’s wTitten proposal justified the extended term, and during lease negotiations, requested that EV increase the public benefit provided by its use. EV offered added benefits including the following, which are described in detail above: 1) improving and maintaining a portion of the Marsh Front Trai!; 2) providing at least two permanent exterior informational and educational displays for the public; 3) providing at least 50 hours annually of environmental education to the public; 4) restoring the area around the building to its natural state including the addition of more plants than required for basic mitigation; 5) providing educational programs to share EV’s knowledge based on its experience in implementing the green design materials and features that will be incorporated into the rehabilitation of the building; and 6) constructing a public restroom and contributing up to $75,000 of the cost. Staff feels the EV’s requests for extending the schematic plan timeline and the term are justified and has included them in the attached proposed Agreements. Waiver of Fees EV has requested a waiver of City processing fees for its development prqiect. Subject to Council approval, the City’s Policy and Procedures 1-25, Public/Private Partnerships provides for the waiver of any normal City processing or use fees required by the Municipal Fee Schedule, with the exception of utilities fees and charges. The waiver may apply to fees associated with a construction project which results in a new or improved public facility which will be owned or controlled by the City. The City has previously waived fees for such projects as the improvements by Friends of the Children’s Theater to the Children’s Theater, and the improvements by the Museum of American Heritage to the Williams property. Staff recommends a waiver of fees for the Enviromnental Volunteer project to include approximately CMR: 291:07 Page 7 of 9 ATTACHMENT C $36,000 in building plan check and permit fees and an estimated minimum of $15,000 in Planning fees (see Attachment E). Any fees relating to Transferable Development Rights (TDR), should the project apply for TDR, are cost recovery and wilt not be waived. NEXT STEPS The two-year option term will begin upon the execution of the option by the City, and the EV wil! begin the process of fulfilling option conditions. \Vhen the conditions have been met, the lease will be executed and construction of the approved improvements and operation of EV project will convnence. Once the option conditions have been met, and assuming no substantial changes are made to the proposal or the form of lease during the development approval process, the lease will be executed by both parties without returning to Council. Council will have the opportunity to review and approve the detailed plans for the project during the option period. RESOURCE IMPACT The proposed improvements, maintenance and operation of the property will be at no cost to the City. EV will construct and pay for costs of the public restroom up to $75,000 which the City will maintain. Since this public restroom w-ill replace a contracted porta-potty, the net increase in maintenance costs for this restroom will be insignificant. The estimated total of fees to be waived by the City for this project is $36,000 in building plan check and permit fees and $ ! 5,000 in Planning fees, for a total of $51,000. POLICY IMPLICATIONS Accepting the EV proposal and approving the option to lease is consistent with the Comprehensive Plan policies related to historic structures and the Baylands, the City Zoning Ordinance, park use, the Policy and Procedures for Leased Use of City Facilities, and the Sea Scout RFP including Counci!’s stated preference that the Sea Scout building be used by groups benefiting youth, seniors, wildlife and/or the environment. The fee waiver is consistent with Policy and Procedures 1-25, Public!Private Partnerships. ENVIRONMENTAL REVIEW The optionee will be required to fi.flly comply ~4th all provisions of CEQA as may apply to the specific development plans submitted t~e option peric / PREPARED BY: " M~R’THA MILLER Senior Financial Analyst DEPARTMENT HEAD APPROVAL: CARL . Director Services CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR: 291:07 Page 8 of 9 ATTACHMENT C ATTACHMENTS Attachment A: Attacbanent B: Attactvnent C: Attaclm~ent D: Attactm~ent E: Proposal from Environmental Volunteers Proposal Evaluation Criteria Option Agreement and Lease Sunmaary of Option to Lease Permit Fees to be Waived Environmental Volunteers CMR: 29I:07 Page 9 of 9 ATTACHMENT C ATTACHMENT A Draft #3 - 11/10/06 >>> PROPOSAL PACKAGE <<< (With Option to Lease) PROJECT: Environmental Volunteers EcoCenter Building (the former Sea Scout Base) THIS IS A PROPOSAL TO ACQUIRE AN OPTION TO LEASE FROM THE CITY OF PALO ALTO FOR FORTY (40) YEARS THE BUILDING FORMERLY KNO~IN AS THE SEA SCOUT BASE OR SEA SCOUT BUILDING. PROPOSER Name:Environmental Volunteers (The EV) Attention: Allan Berkowitz, Executive Director Address: " "~a9-1 East Bayshore Road Palo Alto, CA 94303 Phone No. (650) 961-0545 (office) The undersigned ("PROPOSER") hereby submits a proposal to the City of Palo ’Alto ("City") to acquire a lease, more fully described in the Option to Lease Agreement (ATTACHMENT C) and its exhibits, in accordance with the terms, covenants, and conditions contained in this PROPOSAL and in the Option to Lease Agreement. A. THE ENVIRONMENTAL VOLUNTEERS (THE EV) HEREBY PROPOSE THE FOLLOWING: 1. Monetary Bid Items: a) The EV agrees to pay to the CITY as purchase price for the option as set for[h in Section 3 (PURCHASE PRICE OF OPTION) of the attached Option to Lease Agreement: Five Thousand Dollars ($5,000.00) b) Additional monetary bid items (including proposed rental during lease term): One Dollar ($1.00) per year rental to be paid annually to the City" each year on the anniversary date of the lease for the forty (40) years of the lease. 2. Non-Monetary Bid Items (See also Attachment A, PROPOSED USE, PRESERVATION A_ND DEVELOPMENT OF PROPERTY): The Environmental Volunteers (The EV), a Palo Alto based nonprofit IRS chartered 501(c)(3) charitable organization, proposes to rehabilitate and prepare for adaptive re-use (in compliance with the Secretary of the Interior’s EV.EcoCtrPROPOSALPACKAGE.#3:doc PROPOS:%L 11/13/2006 12:03 PM ATTACHMENT C Draft #3 - 11/10/06 Standards for Rehabilitation) and relocate, if necessary, to a location approved by the City, the historic former Sea Scout Base building owned by the City. During the term of the lease the EV organization, whose charitable mission is to provide natural science education (via its more than 160 active volunteers) to school aged children in classroom settings and on field trips to natural areas, will use the rehabilitated building as its office headquarters, for storage of its classroom visual aid materials and for meetings and training sessions of its volunteer service providers, board members, donors, supporters and other interested parties. In addition, to the extent possible, the EV intends to make the building’s meeting spaces available periodically to compatible communiO~ groups, educational institutions and civic entities. The EV also plans to hold training classes covering ecological subjects that will be available to Palo Alto citizens and members of the general public. And, lastly, the restoration of the building will, to every allowable extent possible, be performed with the goal of being environmentally sensitive and responsive. B. TEP, MS AND CONDITIONS 1. The EV has carefully read and fully understands this PROPOSAL document and the Option to Lease A~eement attached to this PROPOSAL, including its exhibits. 2. The Option to Lease Agreement, and its exhibits, are an inte~at part of this PROPOSAL and are attached to this PROPOSAL. 3. The EV warrants that it has the capability to successfully undertake and comptete the responsibilities and obligations of the OPTIONEE and TENANT contained in the Option to Lease Agreement and its exhibits. 4. A deposit in the sum of Five Thousand Dollars ($5,000.00), in the form of a Cashier’s or Certified Check made payable to the City of Palo Alto, is hereby submitted with this PROPOSAL and is attached hereto. 5. The EV’s deposit wil! be held by the CITY as a guarantee sectoring the obligations that the EV agrees to assume in this PROPOSAL. In the event this PROPOSAL is accepted by the CITY, and the EV fails to meet the terms hereof, the EV agrees that said sum represents a fair and reasonable estimate of the City’s costs in preparing and solicitating this offering, and the EV further agrees that said s~,km shal! be retaLned by CITY as compe_rtsation for these costs. Upon execution of the Option to Lease A~eement, said sum shall, at the EV’s option, be returned to the EV or shall be credited toward the Security Deposit required under Section 4(M) of the Option to Lease Agreement as related to security deposit requirements of the LEASE. The EV’s deposit will be returned to the EV if its PROPOSAL is not selected by the City or upon the City’s execution of an Option to Lease Agreement with another successful proposer. 6. This PROPOSAL may be withdraw~ if not acted upon by the CITY within 30 days of submittal. -2- EV.EcoCtrPROPOSALPACKAGE.#3.doc PROPOSAL tl/13/2006 12:03 PM ATTACHMENT C Draft #3 - 11/10/06 7. Within ten (10) days after notification of the acceptance of this PROPOSAL by CITY, the EV will execute copies of the Option to Lease Agreement in duplicate and deliver to CITY the executed copies of said Agreement, the required Securit)~ Deposit, and the balance, if any, of the purchase price of the option as set forth in the Option to Lease Agreement. 8. The EV has fully completed the Proposed Use, Preservation and Development of Property (Attachment A); the Proposer’s Questionnaire (Attachment B); and the Proposed Physical Changes to Property portion of the Proposed Physical Changes to Property and Environmental Assessment Worksheet (Attachment D). Attachment A; the completed Questionnaire (Attachment B); the Option to Lease Agreement (Attachment C) with its exhibits, including the Lease (Exhibit I to the Option to Lease Agreement); and the Proposed Physical Changes to Propert3~ portion of the Proposed Physical Changes and Environmental Assessment Worksheet (Attachment D), are attached to this PROPOSAL together with any appropriate or requested supplemental details. The Environmental Assessment Worksheet portion of Attachment D will be submitted later as one of the CONDITIONS PR~.CEDENT items requiring approval by the Real Property Manager under Section 4 of the Option to Lease Agreement prior to exercising the Option by the OPTIONEE. 9. The EV represents that all of the information contained in or supplementing said Questionnaire is true and correct to the best of the EV’s knowledge. 10. The CITY reserves the right to reject any or all PROPOSALS mad to accept that PROPOSAL which will, in its opinion, best serve the public interest. 11. By submission of this proposal, the EV acknowledges and agrees that the CITY has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Questionnaire, and authorizes the release to the CITY of any and all information sought in such inquiry or investigation. 12. ATTACHMENT A (proposed Use, Preservation and Development of Property), ATTACI~IENT B (Proposer’s Questionnaire), ATTACHMENT C (Option to Lease Agreement), and the Proposed Physical Changes to Property- portion of ATTACHMENT D (Proposed Physical Changes to Property and Environmental Assessment Worksheet) are attached to and by this reference made a part of this PROPOSAL. 13. The EV acknowledges and agrees that the Option to Lease Agreement and its e:~tibits, including the Lease, may be subject to change and further negotiation with the CITY, if the EV’s proposal is selected by the CITY. ENVIRONMENTAL VOLUNTEERS Allan Berkowitz, Executive Director Corporate Seal EV.EcoCtrPROPOSALPACKAGE.#3.doc Date -3- PROPOSAL 1!/13/2-006 12:03 PM ATTACHMENT C Draft #3 - 11/10/06 ATTACHMENT A (To the Proposal) ENVIRONi~IENTAL VOLUNTEERS ECOCENTER BUILDING (FORMER SEA SCOUT BASE) PROPOSED USE. HISTORIC PRESERVATION _AND DEVELOPMENT OF PROPERTY 1. How the proposed use will satisfy a public need and benefit the City" and/or communiD~. Occupancy of this building, located at the Palo Alto Baytands, by the Envirolmaental Volunteers organization (the EV) for its headquarters, will enable it to better support its important charitable mission serving local communities which is to: Promote understanding of, and responsibility for, the environment through hands on science education. In addition, utilization ofthis building will al! also enable the EV to better benefit the City of Palo Alto since, among the many other public needs that will be provided by the EV as enumerated below, the EV currently provides volunteer staffing for Palo Alto’s Lucy Evans Baylands Interpretive Center in partnership with the city.. The Environmental Volunteers organization is a nonprofit, IRS chartered, 501(c)(3) charitable entity, founded in t 972. k accomplishes its charitable mission through the donated services of 160+ trained volunteers who axe supported and coordinated by a small paid administrative staff of only seven (five full time and two part-time). Now entering its 35th year of providing important community services, the EV can look back proudly at having served over 300,000 school children during that time in Santa Clara and San Mateo counties. In the EV’s most recently completed fiscal year (ended June 30, 2006) its accomplishrnents included the following: Total number of children taught: 10,428 Number of students taught in EV classroom programs: 7,590 Number ofchiidren taught on i29 EV field trip programs: 2,838 Number of adult chaperones educated while on field trips: 473 Number of classroom services: 345 Number of teachers served: 474 Number of schools served in Santa Clara and northern San Mateo counties: 70 Each of the EV’s volunteers participates in either a comprehensive semester long training program accredited by San Jose University’s Education Department, or in month-long single- subject training sessions on one oft he required scientific subjects. -1- EV.EcoCtr.Option.AttachmentA.#2.doc ATTACHMEN~f A 11/1312006 12:04 PM ATTACHMENT C Draft #3 - 11/10/06 Fulfilhnent of THE EV’s mission is pursued by its volunteers who teach specific, ecologically-oriented.science topics in classroom settings (prhnarily local elementa_ry schools) as well as lead field trips to appropriate sites using local Bay Area environments. Topics currently being offered include: Baytands Ecology Foothills Ecology Marine Ecolo~- Earthquake Geology and Preparedness Early California Indian Life: An Environmental Focus Water Science and Conservation Nature in Your Neighborhood All About Birds Teaching is done exclusively in small groups with hands-on methodology. Field Trip Sites include: Palo Alto Baylands, Sunn~wale Baylands Park, Stanford University’s Jasper Ridge Biolo~cal Preserve, Stevens Creek County Pare Los Trancos Open Space Preserve, Rancho San Antonio Open Space Preserve, Huddart Park, Fitzgerald Marine Preselwe and Pillar Point Tidepools. 2. The degree to which public access will be provided by the proposed use, including fees to be charged to Palo alto citizens. The goal of the EV in occupying this important historic building is to help provide public access in several primary ways: A. After rehabilitation and adaptive re-use, including relocation if necessary, a key feature of the building to be rehabilitated is the very large, two-story high central room of over 1,000 square feet in area. This room will be ideal for holding large meetings, training sessions and other associated uses. It is the hope of the EV that in addition to serving the organization’s important training and service needs, it will be possible to periodically accommodate other groups who might also find it useful to use this meeting space. Organizations such as community groups, educational institutions and civic entities might find this space inviting, especially due to its proximity to the adjacent wildlife-filled marshlands, the Palo Alto Duck Pond and Palo Alto’s nearby Lucie Evans Baylands Interpretive Center. At present time there has been no thorough analysis given as to what fees, if any, might appropriately be charged for use by such groups, however, the desire of the EV would certainly be to primarily cover its variable costs for any use or events plus obtain some contribution to associated overhead expenses. Additionally, the EV intends to conduct ecologically oriented classes at the site that vdll be of interest to Palo Alto citizens and members of the general public who may vdsh to attend. B. The EV is planning to include two types of exhibits in the building that would be open to public viewing and should be interesting to anyone interested either in Bayland Ecology and/or environmentally sensitive "green" buildings: -2- EV.EcoCtr.Opfion,AttachmentA.#2,doc ATTACHMENT A 11/13/2006 12:04 PM ATTACHMENT C Draft #3 - 11/10/06 1) The EV plans to have an educational exhibit related to Bay Area flora and fam~a. This is likely to be a periodically changing exhibit emphasizing topics associated with mission related aspects of the EV training. 2) Another exhibit planned would be one that would highlight the various environmentally sensitive features that are anticipated to be introduced into the building’s rehabilitation (as compatible with the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings). This might include explanations about, and exanaples o~ certain types of insulation, certain flooring materials, usage of hidden-from-view solar panels for heating, special windows and the like. C. One unfortunate aspect of the building in its current state and location is that it blocks access to what should be a publicly available Bab~ont Trail. It has long been a loca! and regional goal that this trail could s -kirt the bay and marshlands and run along in from of the building. As noted above, however, the building presently sits practically on top of the seawall prohibiting anyone from walking along its bay- front, unless done in a very unsafe and certainly unrecommended way. Consequently, in its present state the Bas~ont Trail officially circles around the building on the side away from the bay. However, with the strong probability that rehabilitation of the building will also require that it be moved to higher ground, such a move may be potentially accomplished in a way that would also allow for more space between the building and the bay and therefore result in a!!ov¢ing the Bayfront Trail to skirt the bay as intended. Thus public access to this important trail would have been finally restored to its desired route. 3. How the proposed modifications to the property will be responsive to the Secretary’s Standards for Rehabilitation of Historic Buildings (attached as Exhibit II to the Option and Lease Agreement). The EV has contracted for an Historical Structures Report (HSR) by the firm of Preservation .~rchitecture of Oakland, California which has conducted an investigation and evaluation of the building in accordance with California’s Office of Historic Preservation guidelines (which ensures compliance under both Federal and State historic statutes). Based on the findings and recommendations of this report, and working with the EV’s architects (Co@, Anderson and Wasney of Pa!o Alto) and under the guidance of Palo Alto’s Historic Resources Board, the EV will develop a plan to restore the building as close as possible to its original state in consonance with current building, disability (ADA) and other requisite code requirements and certain specific needs (as long as allowable) of the EV’s for interior space utilization and desired environmental sensitivity enhancements to the buiiding as appropriate and permitted. In response to the Standards for Rehabilitation set forth by the SecretaD~ of the Interior the follow~ing observations by line item are offered: 1. Basically no changes to the defining characteristics of the building and its site and environment are contemplated or expect to be proposed other than the need, as previously identified by the CITY, to relocate the building to neat’by higher gound. 2. Historic character shall be retained and preserved and no alteration of the defining spaces that characterize the building will be proposed. This will mean retaining the -3- EV.EcoCtr.Option.Artaehmen~k.#2.doc ATTACHMENT A 11/13/2006 12:04 PM ATTACHMENT C Draft #3 - 11/10/06 overall character and layout of the large central meeting area. No exterior changes are contemplated and the chief contemplated changes to the interior will entail enhancements to the non-historic office and "rig~ng" or general workplace areas plus required ADA and other applicable code up~ades and!or alterations. 3. There is no current evidence that any exterior changes have been made to the exterior over time and none are contemplated. 4. As no changes have been made, there is nothing of historical significance that has been added and needs to be retained. 5. All distinctive features of craftsmanship will be restored and maintained. 6. All deteriorated historic features will repaired rather than replaced to the extent possible and practicable and will match the old features in design, color, texture and visual qualities. There is no current evidence of any significant missing features needing replacement other than portions of the deck on the waterfront side of the building. 7. All cleaning shall be undertaken using gentlest possible means and chemical or physical treatment such as sandblasting shal! be assiduously avoided. 8. No archeological resources of any si~ficance are expected to be found, ffthey should be they will be evaluated and a plan developed for protection and!or mitigation as appropriate and advisable. 9. No new additions, exterior alterations, or related new construction is planned. The only possible exterior alterations contemplated would relate to the addition of solar roof panels if they could be added in a mariner that would keep them unobservable to a passerby. 10. No new additions or adjacent or related construction should be needed nor are contemplated. 4. Describe the plan for relocation and rehabilitation to be performed to the property as per Section II (C) (2) of the Information Flyer. Essentially the plan for rehabilitation adaptive re-use will be in accordance ,~4th the CITY’s prior analysis that the building needs to be at a higher elevation in order to ensure that it is high enough to avoid the past problems related to water incursion from high tides, in addition, the building has reportedly sunk approximately 30 inches since it was constructed in 1941. While it might be feasible to adequately elevate the structure and provide a new foundation at its current location, that alternative seems less preferable, and likely more expensive, than relocating it a short distance to nearby adjacent higher ground as identified by the CITY. In addition relocating the building will likely better allow for restoring the Bay-f-ront Trail in front of the building rather than keeping it behind the building as it is now. The EV and its architects and ad~dsors will evaluate and analyze both possibilities, and also consult with the various permitting agencies and entities, and then propose to the CITY the alternative that, in their judgment, best provides the optimum solution for achieving the various -4- EV.EcoCtr.Option.AttachmentA.#2.doc ATI’ACH3~ NT A l 1/13/2006 12:04 PM ATTACHMENT C Draft #3 - 11/10/06 parties’ overall desired outcomes for a properly functioning, and faithfully rehabilitated historic building at this very special site. Rehabilitation of the building is intended to include restoration of the outside of the building aimed at retaining, and to some extent enhancing, it’s unique historical and architectural character. No exterior changes are contemplated other than the possibility of restoring and/or replacing some features that have deteriorated or been destroyed over time (such as windows, railings, building trim and portions of the seaward deck). Any such work will be conducted in accordance with the Secretary of Interiors’ Standards for Rehabilitation as noted previously. The only physical changes contemplated will be related to the adaptive re-use of the interior of the building in order to enhance the usability of the ta¥o wings of the building for of-rice space, a utilities room, a smal! meeting room, storage and equipment rooms and other t3~pical office infrastructure needs. In addition the restroom facilities wilt be remodeled and upgraded to comply with American Disability" Act requirements. The main central room will be largely retained in its present form although, due to lack of attention and some misuse, it will need to be restored and upgraded to more appropriately match its origina! character. -5- EV.EcoCtr.Option.AttachmentA.#2.doc ATFACHMENT A 11/13/9_006 12:04 PM ATTACHMENT C Draft #3 - 11/10/06 ATTACHMENT B (To the Proposal) ENVIRON-M~ENTAL VOLUNTEERS ECOCENTER BUILDING (FORMER SEA SCOUT BASE) PROPOSER’S QUESTIONNAIRE How did Environmental Volunteers (the EV) learn about this proposal offering? Word of mouth via contact by Karen Holman, member of the Palo Alto City Planning Commission. I. PROPOSER. Environmental Volunteers 3921 East Bayshore Road Palo Alto, CA 94303 Phone No. (650) 961-0545 Fax: (650) 961-0548 E-mail: allan@evols.org (Allan Berkowitz,Executive Director) Proposer intends to operate as a California nonprofit corporation. II. SOLE PROPRIETOR STATEMENT. Not applicable. IH. PARTNERSH~ STATEMENT. Not applicable. IV. [Section not found in CITY supplied document] V.NONPROFIT CORPORATION STATEMENT 1. Copies of the following documents are attached: a. Articles of Incorporation dated September 25, 1978 and filed on November 1, !978. -1 - EV.EcoCtr.Option.AttachmentB..#3.doc AT’fACHMEh’F B 1 !/13/2-006 12:05 PM ATTACHMENT C Draft #3 - 11/10/06 b. Bylaws including revisions thru August 4, 2006. c. IRS code Section 501(c)(3) tax exempt determination letter dated May 24, 2002, addressed to the EV at its current location, which refers to the IRS’s original tax exempt determination letter dated May t979, and each of which acknowledge the EV’s tax exempt status under IRC Section 170(b)((1)(a)(vi). d. The state of California’s dated January 26, 1979 ac ~knowledging the organization’s tax exempt status under California Section 23701 d. 2. The mission statement of the Environmental Volunteers is as follows: "To promote understanding of, and responsibility for, the environment though hands on science education." 3. A copy of the Environmental Volunteers organization chart is attached showing management and staff. 4. A list of the Board of Trustees, their city of residence, occupations, and dates of service on the Board is attached. Also attached are brief biographical summaries of each Board member. 5. The EV Board of Trustees meets monthly (although it may occasionally skip the August meeting). 6. The average attendance at EV Board meetings for the last year was 85%. VL JOINT VENT~ STATEMENT. Not applicable. VII. FINANCIAL DATA. A. FINANCIAL STATEMENTS Complete audited financial statements, prepared in accordance with generally accepted accounting principles, and reflecting the EV’s current financial condition and that of the previous five years, are attached. B. SURETY INFORMATION The EV has never applied for or obtained a bond nor has it ever -2- EV,EcoCtr.Option.AttachmentB..#3.doc ATYACt~tEN2F B 11/13/2_006 12:05 PM ATTACHMENT C had a bond or surety denied, canceled or forfeited. Draft #3 - 11/10/06 C. BANKRUPTCY INFORMATION The EV has never filed for bankruptcy nor been declared bankrupt. D. PROPOSED METHOD OF FINANCING REPAIRS/IMPROVEMENTS/USE/OPERATIONS In June of 2004 the EV created an internal Task Force of Board members for the purpose of conducting a feasibility study to determine whether undertaking the restoration, rehabilitation and, possibly, re!ocation of the former Sea Scout Base building, in order to take it over for use as the long term EV headquarters, would make short and long term sense for the organization given that the CITY was offering the EV a long term lease of the building for $! .00 per year. Upon completion of the study, the findings of which indicated that such a project would be feasible and in the long term best interests of the organization, the Task Force then performed a cost analysis to determine what funding would be required to complete the project successfully. This analysis included an assessment of not only what funds would be necessary for the short term restoration and relocation (if necessary), but also additional funding needs for covering the organization’s overhead and administrative costs during the several years that the project would be underway as well as creation of a long range capital poo! for funding major maintenance and repairs that might be needed in the future (e.g., new roofing 20 years out). In addition the budget included funding for potential unforeseen contingencies. The result of this financing analysis was that the EV would need to raise $2 million to adequately cover the overall short and long term costs of the project. A copy of the $2 million capital campaign budget that was developed is attached as Exhibit 1 to Attachment B. Once the campaign goal was established the EV began solicitating donations and pledges to raise the $2 million and by late 2005 a total of approximately $1.7 million had been either raised or committed for the project, anchored by a $1 million grant from the David and Lucille Packard Foundation. The latter grant was received in full by the EV in December 2005 at which time the Board felt it was in a position to approve committing the organization to moving forward and undertaking the project. -3- EV.EcoCtr.Option.AttachmentB..#3.doc ATTACH3,IEN’r B 11/13/2006 !2:05 PM ATTACHMENT C Draft #3 - 11/10/06 As of November 10, 2006 the total campaign funding of $1,722,500 has either been received, pledged or contingent (upon satisfaction of certain fund raising goals) as follows: $1,057,000 615,000 50,000 $1,722,500 Received and on hand. Pledged based on achieving certain project milestones such as signing a lease. Contingent on certain fundraising goals which have now been 87% reached TOTAL raised or committed to date. Thus the EV is now less than $280,000 away from reaching the full campaign goal of $2 million with at least 9 months remaining before the majority of the funds will be needed (and longer for funding of the future long term maintenance and repair capital pool). The EV’s capital campaign will continue its process of raising the remaining funds necessary to reach the full campaign goal. Additionally it should be noted that interest income earned on the funds received to date has already reached approximately $30,000 and it is projected that approximately $40,000 more will be received over the next 12 months ($70,000 total). Eo FELONY INFORMATION None of the officers or directors of the organization have ever been convicted of a felony. VHL EXPERIENCE STATENIENT The EV has created a special Project Management Group (PMG) made up of three current Board members and three former Board members. The function of this group will be to oversee all aspects of the project including such items as approving the engagement of professional contractors and consultants; periodically reviewing budgets and updates of financi!l forecasts; making reports on progress and achievements to the EV’s Board; and ensuring that the project remains on track. Please see list of PMG members and biographical data attached as Exhibit 2 to Attachment B. One of the former Board members has recently been involved in overseeing and managing a somewhat similar project. That project entailed working with the City of Palo Alto on planning, permitting and building an interpretive center at Palo Alto’s Enid Pearson Arastadero Open Space Preserve. -4- EV.EcoCtr.Option.AttachmentB..#3.doc ATTACHMENT B 11/13/2006 12:05 PM ATTACHMENT C Draft #3 - 11/10/06 Two of the Board members, now retired, had extensive corporate, senior management business experience during their working careers. In addition to the above, and in order to ensure that adequate hands on expertise will be available to the EV throughout the project, a professional Project Manager has been hired to oversee and coordinate the activities of planning; permitting; hiring of consultants and contractors; interfacing with CITY staff and CITY review boards; and working with community groups as necessary. The Project Manager is Maryanne Welton who has had over 28 years experience in coordinating project teams for an award-winning architecture filth; providing project management on community buildings and feasibility studies; and in working with CITY staff members. She is a Palo Alto resident and is currently employed at the Palo Alto based architectural firm of Rob Wellington Quigley, AIA where she serves in the roles of Vice President, Project Manager and Business Manager. Her resume is attached as Exhibit 3 to Attachment B. Lastly, the EV has engaged the Palo Alto headquartered architectural firm of Cody Anderson Wasney as its architectural consultant and design provider and the Palo Alto headquartered construction firm of Vance Brown Builders as its prime contractor. Cody Anderson Wasney (CAW) is well versed in historical restoration work and has received many awards for its work in this field, some which are related to buildings in Palo Alto including one from the Palo Alto Historical Society for the Waverley Oaks Renovation. Other notable projects accomplished by CAW include the 530 Ramona Street Renovation in Palo Alto, the Museum of Anaerican Heritage Renovation in Palo Alto and the Allied Arts Guild Renovation in Menlo Park. Vance Brown Builders is also very well know locally having provided consWaction for many loca! projects such as the Palo Alto YMCA, Castilleja School, and E~ia Restaurant in Palo Alto; the Allied Arts building in Menlo Park; and the Arrillaga Family Sports Center, the Taube Family Tennis Stadium and the Avery Aquatics Complex on the Stanford campus. E~. REFERENCES. REFERENCE No. 1 EV.EcoCtr.Option.AttachmentB..#3.doc ATTACHMENT B 11/13~006 12:05 PM ATTACHMENT C David Coale, Building Manager Peninsula Conservation Center 3921 East Bayshore Road Palo Alto, CA 94303 Draft #3 - 11/10/06 Phone: (650) 962-9876 ext. 309 The Peninsula Conservation Center is the EV’s landlord at the building where the EV has had its headquarters over the last 10 years. The building is jointly owned by a consortium ofnonprofits and a representative from the EV’s staff participates on the building management committee. REFERENCE No. 2. Michael Brierly Phone (888) 427-5224 ext. 220 Customer Service Supervisor Fax (831) 465-6684 California Association ofNonprofits (C.A.N.) 820 Bay Avenue, Suite 230 Capitola, CA 95010 The Califc~mia Association of Nonprofits is a statewide membership organization of over 1,700 diverse nonprofits and is dedicated to protecting, strengthening and promoting nonprofit organizations in California. The EV has worked with C.A.N. as an educational and technical resource, as a network facilitator and for assistance with risk management and cost savings. REFERENCE No. 3 Jordan Walters, Vice President Salomon Smith Barney 225 W. Santa Clam Street San Jose, CA 95113 Phone (408) 947-2203 Salomon Smith Barney serves as the Investment Manager and Advisor to the EV for funds being held by the organization. The EV maintains three different brokerage accomnts with the f!_rm. One consists of the organization’s basic operating funds and is generally in the range of $150,000 to $250,000. These funds are all invested in short term instruments. Another account consists of an Endowment Fund in the amount of approximately $220,000. This is invested long term allocated 60% to equities (mutual funds as advised by Salomon Smith Barney) and 40% to fixed income investments. The third account is for EcoCenter (Sea Scout Base) Building Project Fund. It cm:rently holds approximately $1,000,000 and is totally invested in short term instruments consisting primarily of certificates of deposit of $95,000 or less, that have -6- EV.EcoCtr.Option.AttachmentB..#3,doc ATrACFtMEN~f B ! 1/13/2006 12:05 PM ATTACHMENT C Draft #3 - 11/10/06 maturities ranging from 3 to 12 months, and money market funds invested in short term U.S. Treasury securities.. REFERENCE No. 4 Dennis Costa, CPU Phone (877) 669-5101 (toll free) President Fax (877) 669-5109 Nonprofit Services Insurance Agency 2843 Hopyard Road, Suite 169 Pleasanton, CA 94588 Nonprofit Services Insurance Agency is the EV’s insurance broker for providing liability insurance, health insurance, workman’s compensation insurance, fire and theft insurance and other insurance needs. X. METHOD OF OPERATION The EV plans to restore, rehabilitate and relocate, if necessary, the former Sea Scout Base building to use as its office headquarters and for conducting its important, ecologically oriented, natural science mission. The EV has engaged the well known and respected Palo Alto based architecture firm of Cody Wasney Anderson (CAW) to advise it on how to restore and rehabilitate the exterior of the building to most optimally retain its historic look and character and also on how to best remodel the interior of the building to serve EV’s near and long term operating needs in consonance with retaining significantly important historical interior features. CAW will also be working to help incorporate environmentally sensitive materials and features into the restoration wherever possible in order to help create a "green" building to the extent feasible under the various codes and standards that have to be honored in the process. CAW has had extensive experience in restoring historic buildings, in working on such sites within the city of Palo Alto, and with incorporating enviromnentally sensitive features into buildings on which it has been involved. Once the building has been moved to its new site, if necessary, and has been restored and rehabilitated based on final CITY approved plans, the building will then be occupied by the EV as it headquarters (and for conducting its mission oriented activities as enumerated above) for the duration of the lease and, very likely thereafter as well, CITY permitting. XI. FINANCLAL INFORMATION Please refer to Exhibit 4 attached for the projected costs of all aspects of this project over all the phases of planning, design, engineering, permitting, relocation (if necessary), construction, remodeling, decorating and move-in. -7- EV.EcoCtr.Option.AttachmentB..#3.doc ATTAC!~IENT B t 1/13/2006 12:05 PM ATTACHMENT C Draft #3 - 11/10/06 Approximately 85% ($1.7 million) of all budgeted costs for the project will be covered with funds already raised for and committed to the EV by various individuals and foundations. Only 15% ($300,000) of the budget remains to be raised, and the intended use of that portion of the budget is mostly related to establishing reserv’es for furore major maintenance and repair items (such as periodic re-painting and, at some time during the lease, re-roofing). A. ESTIMATED CONSTRUCTION COSTS For detailed analysis of the project’s full projected planning, design, permitting, engineering and construction costs please also refer to Exhibit 4. B o PRO-FORMA ANALYSIS Since the EV does not intend to be a landlord nor plan to rent out space in the EcoCenter building, but will occupy it as its organizational headquarters, it is not felt that a 5-year pro-forma analysis of rental income and expenses would be instructive. Instead, please refer to Exhibit 5 attached which shows the EV’s Operating Budget and Results for its fiscal year ended June 30, 2006 (including actual results versus budget) and its approved budget for the fiscal year ending June 30, 2007. As can be seen the EV’s Operating Budgets do not change si~tificantly from year to year so any subsequent year budget projections would be similar, though slightly higher in most categories shown (other than occupancy expenses which would be lower due to the reduced rental expenses related to the EcoCenter building). XIL OTHER INFORMATION The Environmental Volunteers organization has proven itself to be an important and effective nonprofit member of the Palo Alto area community for some 35 years. It has grown from a small group of dedicated volunteer docents into a vibrant force of over 160 dedicated docents who last year provided natura! science education instruction in 70 peninsula area schools involving over !0,000 individual student services. The EV has thus developed a strong track record of organizational competency, effective community leadership and fiscal responsibility. Over the years the EV’s supporters have helped it create a $217,000 endowanent fund, build operating reserves on the order of $175,000 and now raise a capital fund of $1.7 million (soon to be $2 million) that will ensure adequate fiscal backing for carrying out the important EcoCenter project, including funding of future major maintenance and repair reserves, as outlined in this Proposal. -8- E¥.EcoCtr.Option.AttachmentB..#3 .doc ATI?AC~IENW B 11/13/2006 12:05 PM ATTACHMENT C EXHIBIT 1 (to Attachment B) ENVIRONMENTAL VOLUNTEERS ECOCENTER CAPITAL CAMPAIGN BUDGET RENOVATION, REHABILITATION AND CAPITAL COSTS Move-in Costs (2005 to 2009): Design, development and oversight costs Legal Advice Project Manager Permits Architect Subtotal design,development and oversight Building Renovation, Rehabilitation and Relocation Utility hook-ups Civil/Soils engineering Foundation and relocation Renovation, rehab & construction Subtotal renovation, rehab and relocation Furnishings Renovation, rehab and construction contingencies Pre Move-in insurance Total building project costs EV Project oversight, monitoring & admin, ccosts Total initial project move-in costs Less: Anticipated city transer of development rights funding Net initial project move-in costs Other Capital Costs and expenditures (2010 to 2039) Reserve for periodic major maintenance & repairs Reserve for unexpected capital needs and overall project contingencies Subtotal other TOTAL BUDGET $15,000 $50,000 $50,400 $156,000 $271,400 $25,000 $20,000 $105,000 $1,195,000 $1,345,000 $50,000 $85,000 $55,500 $1,806,900 $146,000 $1,952,900 ($250,000) $1,702,900 $205,000 $92,100 $297,100 $2,OOO,OOO EV.ECOCENTER. Lease.F.R.Summary.Budget.XLS 11/1212006 1:13 PM ATTACHMENT C EXHIBIT 2 (to Attachment B) ENVIRONMENTAL VOLUNTEERS ECOCENTER PROJECT MANAGEMENT GROUP (PMG) Chairperson: Jerk" Hearn, Portola Valley - B.A. Anthropology, Stanford University. Currently Upper Schoot teacher, Peninsula School, Menlo Park. Was member of the Environmental Volunteers Board of Trustees for 10 years. Appointed as the EV’s representative to the planning task force for the Arastradero Gateway Facility (at Palo Alto’s Enid Pearson Arastradero Open Space Preserve) because of his extensive planning and building experience. Has remained invotved in oversight of that building effort througah his association with the Acterra Arastradero Preserve Project. Spent 10 years operating an independent contracting business. Current member of the San Francisqnito Watershed Council and the Santa Clara County- Comnmnity Resource Committee; former member of the Portola Valley Creekside Corridor Committee, the Stanford Dish Advisory Committee, and the San Mateo Fish and Wildlife Advisory Committee. Treasurer, Robert McIntyre, Palo Alto - A.B. Sociolo~7, Stanford Urfiversity, M.B.A Harvard Business School. Currently retired. Formerly Senior V.P. Finance and CFO of The Trust for Public Land, San Francisco, for 30 years. Environmental Volunteers Board member since 1984, CFO and Chairman of the Finance Committee since 2004. Currently serving as Board member, CFO and Chairman of the Finance Committee of the Sempervirens Fund, Mountain View; Board member and Co-Chairman of the Finance Committee of the Stanford Historical Society; Advisory Board and Audit Committee member of the Peninsula Open Space Trust, Menlo Park; and Advisory Committee of the Dorothy Erskine Open Space Fund, San Francisco. Formerly served as Advisory Board member of the Matin Headlands Advisory Commission; Advisory Committee member of the Resource Renewal Institute, Sausalito; and Board member and Co-Chairperson of Families Adopting Interracially, San Jose. Palo Alto resident since 1946. Listed in Who’s Who in America. Bob Dodge, Portola Valley - B.A. Education, Central Washington University, M.A. Special Education, Boston University. Retired teacher of blind and visually impaired children in punic and private schoots in four states. Active Environmental Volunteers docent since i989 and former Board member. Former board member of numerous state and national professional organizations. Jan Femvick, Los Altos Hills - B.A. Political Science, Middlebury College; M.A. Education, Stanford University,. Honored by the Los Altos Town Crier as the 2005 Los Altan of the year. Recipient of the Josephine & Frank Duveneck Humanitarian Award in 2000. Has been an active docent with the Environmental Volunteers for over 30 years where she also served in the past as President and Board member. Past President of Morning Forum of Los Altos, the Foothill Commission and the Purissima Hills Water Board. Taught 4th and 5th ~ades in San Carlos School District for four years. ATTACHMENT C Joyce Friedrichs, Menlo Park - B.S. Elementary Education, University of Colorado. Curriculum Development Manager for Galileo Education Services a company operating summer camps where children engage in science, art and outdoor activities. Former CEO BizWorld Foundation, an organization teaching children in grades 3 thin 8 how to start and run their own businesses. Nine years experience spent in educational publishing as math and science consultant and product manager developing science series for students in grades K thru 6. Board member and chairperson (since 2002) of the Enviromnental Volunteers where she has served as an active docent since 1982. Stan Mantell, Palo Alto - B.S. Industrial En~neering, Syracuse University. Retired. Business career included various senior management and entrepreneurial positions in the Silicon Valley high tech industry. Board member of the Environmental Volunteers since t999 and active docent since 1996. ATTACHMENT C EXHIBIT 3 AVmchmen B) 660 Kendall Avenue, Palo Alto, CA 94306 650.269.3341 Objective My goal-is to use my project management expertise, facilitation skills, and camJn’r~ent to quality design to help create public faci~d~es in my community. Qualifications 28 years of experience in coordinating projectteams for an award-winning architecture firm Extensive project management experience on community bmld’m, gs and feasibility studies Understan~r~ng of the community’s expectations for high design standards and involvement Expertise in facilita’dng public outreach during the design proces~ to ensure cormnunity compatibility Established working relationships with many C’~y of Palo Alto staff members Familiarity With the City of Palo Alto’s review and approval process Connections with a wide range of commup~zy members baseri on my eleven years of civic involvement 199~ to present: Vice President, Palo Ai~ office Head of Northern CaSfomia branch office. Responsilde for project management and business de~m.lopment for commun’f~/bui]din9s, affordable .housing, and plannin9 projects. Du~es include: o Develop project program requirements, scope of work, budget, schedule and approval processoPrepare buZld;~g program, project objec~ues, and evaluation criteria for consideration of alternatives and preferred options o Prepare feasibiE¢/studies and explore site and phasing options o Manage and ~rectprofessionai afffrom pP-~-designthrough constru~on o AdmJnistar consultant contracts including contract negotiations and development of selection process, scope of work, schedule, budget, and deliverabtes o Coordinate public review and approval process, including presentations to appoL~ted and elected boards and com.~ssions ~, o Organize and faci~le community meetings for pu.blic input into design of buildings and planning projects ~Coordinate implementation of LEED criteria and cert~fica~on ~Ensure implementation of program goals from design through post-occupancy evaluation o Prepare technical r~ports and documents required for presentation and.submittal to governmental agencies for approval and entity, ement process =Coordinate rnu~pteclient groups to ensure project object~zes are met o Represent firm as spokesperson to print and TV mediaoDevelop business contacts and marke~ng program to obtain projects ~978 ~o 199~: Project ~anager. Bus’mess ~anager. and ~a~ng Die,or. ~ ~ege in ad~on ~ pmje~ m~age~ d~ F~d abe, ~sp~b~es ~clud~: =Coor~ ~n9 and sched~g ~r ag d~ p~ .C~ina~ human m~urce ~s, inching manag~e~ ~ pe~nnel, compens~on and bene~ pac~ges ~0~ee co~a~ne~afio~, ~su~nce ~q~me~, and ~ances =D~op b~n~ co~ and lead m~g and pubfic ~l~o~ ~ ~~epam ma~n9 ~ and p~~ ~r ~ar~ pm~, publica~o~ and ie~ ~Sup~ pro~icnal and ad~~e ~ membem 1976 to 1877: Various Companies, Secretary and Bookkeeper 1975 to t976: Wayskle inn, Pastry Chef, [(ermebunkport, Maine 1973 to 197~ Secretary and Payroll Cier~ Xerox Corpora~on, Boston, Mass. ATTACHMENT C Project ~anagen~ent E×perienceoCommunity Buildings WestValley Branch Library, San Jos~ Sun Field Station, Jasper Ridge Biological Preserve, Stanford University Linda Vista L~rary, San Diego Half Moon Bay Library Needs Assessment Study, Half Moon Bay Huntington Beach Library Site Analysis and Feasibility Study, Huntington Beach Carlsbad library and City Hall Space Needs and Feasibility Study, Carlsbad Chula Vista Library Site Analysis and Expansion Study, Chula Vista Sherman Heights Community Center and Child Care Center, San Diego Tijuana River Estuary Visitor Center,. imperial Beach Saint David’s Episcopal Church, San Diego Unitarian Universalist Fellowship Hall, Solaria Beach Planning Studies Pale Alto Intermodal Transit Station Study, City of Pale Alto and Stanford University Mayfield Housing Study, City of Pale Alto and Stanford University. San Jos~ State University Garage Master Plan, San Jos~ Tanforan/BART Feasibility Study; San Bruno Selene Beach Transit Center Master Plan, Solana Beach Newport Avenue Design Guidelines and Revitalization Study, San Diego Ocean Beach Waterfront Planning Study, San Diego Imperial Beach Beachfront Master Plan, Imperial Beach Orange Avenue Design Guidelines, Coronado Fontana Civic Center Design Charette, Fontena Housing Projects Opportunity Center of the Midpeninsula, Pale Alto Case Feliz, San Jos~ Arboretum Housing Feasibility Study, Stanford University Alma Place, Pale Alto McKee Senior Housing, San Jos~ Blossom Hill SRO Feasibility Study, Sen Jos~ Alameda SRO Feasibility Study, San Jos~ Esperanza Family Housing, Encinitas Education Advanced Management Inst~. ute, Project Management Leadership Midpeninsula Georgetown University, Languages and Linguistics Community Activities o Docent, Jasper Ridge Biological Preserve, Stanford University o Vice President, Zoning and Land Use Chair, Barren Park Association o South E! Camino Real Design Study Working GroupoSafe Routes to School CommitteeoArastrader0 Gateway Facility Task ForceoPTA positions, including President, Treasurer, Site Council Chair, PTA Council Rep, newsletter editor, classroom volunteer (Juana Briones, Barren Park JLS, Terman and Gunn)o Housing Action Coali~on, organizer of Whi~e Stop Housing Tours, speaker for outreach programs o Guest lectures and critiques, Urban Design and Architecture studios, Stanford University and UC Berkeley References Frank Behest City Manager, City of Pale Al~o Steve Emslie Director of Planning, City of Pale Alto \Bill Fellman Real Property Manager, City of Pale Altol~reg Betts ,/’Supervisor Open Space & Science, City of Pale Alto Cathy Howard ~ Principal, Barren Park Elementary School Marlene Prendergast ~/Director, Pale Alto Housing Corporation 650.329.2563 650.329.2354 650.329.2472 650.463.4906 650.858.0508 650.32t .9709 ATTACHMENT C ATTACHMENT B Former Sea Scout Building Request for Proposals Proposal Evaluation Criteria (based on the City’s policy for the Leased Use of City Land/Facilities) The extent to which the proposed leased use satisfies a public need or provides public benefit; The extent to which the proposal is responsive to the guidelines and standards for historic preservatioi~/rehabilitation; o The consistency of the proposed use with existing City goals and objectives (as set forth in the Comprehensive Plan, Zoning Ordinance, Baylands Master Plan, and general municipal services objectives); The impact of the proposed use upon the immediate vicinity/neighborhood, the community generally and environment; 5.The de~ee ofpubtic access and fees to be charged to Palo Alto citizens; 6.The monetary and non-monetary consideration to be provided to the City; The history and assessment of the proposer’s ability to finance and carry out the construction, operation and maintenance of the facility and services as proposed; and A five-year pro-forlna financial analysis of the proposed use, setting forth the project revenues and expenses for this period of time. ATTACHMENT C ATTACHMENT C Project: Sea Scout Base 2560 ~ ~ -’=~~.mba~ c~a~ ~_ o Road OPTION TO LEASE AGREEMENT This Agreement is made this day of , 200_, by and be~’tw~.==n the City of Palo Alto, a California municipal corporation ("CITY"), and the Environmental Volunteers, a California non-profit corporation ("OPTIONEE" RECITALS CITY owns the building located at 2560 E.,mbarcadero Road in the City of Pa!o Alto, Santa Clara County, commonly referred to as the Sea Scout Base (the "PROPERTY"), more specifically described and shown in Exhibit B to the Lease attached hereto as Exhibit i (the "Lease"), which Lease is made a part hereof by this reference. CITY, in compliance with its Policy and Procedures !-ii, published a Notice of intent to Award an Option to Lease on or about June 8, 2007. C o "OPTiONEE desires to obtain an exclusive option to lease the PROPERTY, in accordance with the terms and conditions of this Agreement and the Lease, for the purpose of, among other things, rehabilitating, and re!ocating the building if necessary, for adaptive re-use as its administrative headquarters for conducting its mission; providing environmental educational programs and exhibits open to the public; improving and maintaining a portion of the Marsh Front Trai!; improving the property in accordance with historic preservation and environmental guidelines; and arranging for the construction of a public restroom facility near the Duck Pond ("Project"). CiTY desires to grant an exclusive option to OPTIONEE to lease the PROPERTY, during which time OPTIONEE shal! develop specific plans, obtain financing, and satisfy other conditions set forth herein prior to exercising the option and leasing and developing PROPERTY under the Project, in accordance with this Agreement and the Lease. NOW, THEREFORE, in consideration of the premises set forth above, the parties hereto mu~uai!y agree as follows: !.GRANT OF OPTION CITY hereby grants to OPTIONEE an exclusive option to lease the PROPERTY for the purposes of developing and operating the Project, subject to the terms, covenants and conditions set forth below and ATTACHMENT C 2.TERH OF OPTION mhe term of the ~i~(24os~_~.~.~ granted’ ~ ....~--shall 1 _.......n~r~u~_~@~r ~ twenty-four ) months, and shall commmnpm uDon execu:ion of this.................. _~:~r~m~n~ by the Zhe CITY. ¯o,v P ION3 PURCHASE :R_C= OF OPT The purchase price of the option under this Agreement shall be five thousand Dollars (SS,000), due and payable to CITY upon the ~ r~~~iTY _..execution of this ~g_~ement by ~r~~.C shall retain z~ve ~._ousand Dollars (S5 000) purchase price even i: OPTIONEE does not ultimately exercise the option to lease in accordance with the terms of this Agreement. 4 CONDTTiONS mnpcm ram?gin The option to lease the PROPERTY under this Agreement may not be exercised by O~_=ON== unless and UnEl± each and every ~o!!ow=ng condition has been satisfied: Purchase Price of Option OPTiONEE shall nave oaid u~e purcna_e price of the option as required under Clause 3 hereof. B. Schematic Plans Submittal ....subm~ue@ .. schematic o~ans to CITY forOPTiONEE shall have -~=~ ~ the __ "Schematic Plans") within twelve (12) monthsthe Project (the ~ = ~’ ...... of the commencement of this Agreement. The Schematic Plans shal! include relocation plans, a site layout of all buildings, schematic floor plans for al! structures, simple __ ~ _d~±:~c~tion of ~ne ~=+~ ~elevations of all suructures, i ~e==~ -~ ~ ....o@s and measures for preservation of historic features of ~he site in accordance with the Secretary of interior’s Standards zor Rehabilitation zor Historic Bui ~’~ ....h~~ie!~gs =~=c~.ed to this Agreement as Exhibit ±± and incorporated herein by ~.~is reference, a plan for fui{i]ling parking requirements, a detailed description of all proposed improvements or modifications (including proposed uses and methods of operation and a general outline specification which identifies proposed construction material and me~_o@s) and a detailed estimate o{ the total construction cost for al! proposed improvements relating to the Project. if the development o{ PROPERTY is intended to be performed in phases, the Schematic Plans shall include a!! p!a~ne@ phases of the PROPERTY’s @ev=iopment 070618 jb 0130061 2 ATTACHMENT C C.Development Plans Approvals OPTiONEE shall have submitted to, and shall have received approval of, the deve!opment miens for the PROPERTY ("the Development Plans") from CiTY’s Historic Resources Board, Arcb.itectura! Review ~oar@, if applicable, P] arming & Transportation Co.nmmi s s ion Plans shall finc!ude ~..e Schematic Plans, interior plans, structural plans, exterior elevations, and interior elevations=he- ~ shall indicate specfi_ __~ic plans and details of the interior and exterior historic nreservation and maintenance features to be included in deve!oping the PROPERTY. As much as possible, and as directed by the City Counci!, the Development Plans shall be in accordance with the standards included in Exhibit ii hereof, if the development of the PROPERTY is intended to be performed in phases, the Deve!opment Plans shall include and describe al! the phases o÷ the PROPERTY’s development. Phase I shall at least include the improvements necessary to make the PROPERTY usable for the r~Gu±r~@ services and uses un@~r the Least D. Construction Drawings ~._ -- "~pprova£ OPTiONEE shall have obtained approval of the construction drawings for ~he Project (the "Construction Drawings") from the City Engineer and the Chief Building Official.The Construction Drawings shal! include: i. Complete architectural, a_.@ engineering drawings ; ii. Complete construction specifications; iii. Complete construction contrac: form; and iv. Proposed construction schedule. working Should the development of the PROPERTY be performed in phases, OPTIONEE need only obtain approval of the Construction Drawings for Phase i of the Project to exercise the option to lease the PROPERTY. E.Long Term Maintenance Plan OoTiONEE sha]~ have submitted to and r~ce!v~@ approva! of a long term maintenance plan and schedule for the building on the PROPERTY from the City Manager or his designee. Use Designation OPTiONEE shall have received approval from the City Council for any necessary change in land use zoning for the PROPERTY, 070618 jb 0130061 3 ATTACHMENT C any necessary change in CITY’s Comnrehensive Plan designation and any other land use permit or approval required, if necessary, for the PROPERTY for implementation of the Project and the Development Plans as approved by CITY. G. Subdivision Hap Act Compliance OPTiONEE shall have comm!ied with the conditions of the State Subdivision Map Act (Government Code Section 66410 et seq.) and Title 21 of the Pa!o Alto Municimal Code, as amended, to the extent applicable to the PROPERTY and the Project. H. CEQA Compliance OPTIONEE shall have complied with the California Environmental Quality Act ("CEQA") , as amended, and a!! r~±~ed CTTY Drocedures zor im~!ementing CEQA, to ~low the Project to be implemented. Permits OPTIONEE shall have provided to the Real Property Hanager evidence that any and all permits and approvals from any and al! agencies having pre-construction jurisdiction over the Project (including San Francisco Bay Conservation Development Commission, Regional Water Quality Control, Army Corps of Engineers, U.S. Fish & Game, California Fish & Game), including but not limited to moving permits, building permits, grading permits, street opening permits and health permits, have been authorized and are available. Should development of the PROPERTY be performed in phases, the requirement of this subparagraph (i) shall apply only to Phase i improvements. J. Certification to Chief Building Official OPTiONEE shal! have submitted :o the Chief Building Official certification that the plans for any proposed building construction comn!v, in al! respects, with current building codes, the federal P_mericans with Disabilities Act of 1990, as amended, including any implementing regulations, and energy conservation requirements as set forth in the California Code of Regulations, Title 24, for non-residentia! construction. Should the deve!opment of the PROPERTY be performed in phases, the requirement of this subparagraph (J) shall apply only to Phase i improvements. Sufficient Funas OPTiONEE shal! have satisfied the Director of A6ministrative 070618 jb 0130061 ~ ATTACHMENT C Services that OPTIONEE has sufficient finances or financial commitments to implement the Project as approved by CITY. Should the development of the PROPERTY be performed in phases, the requirement of this subparagraph (K) shal! apply only to Phase i improvements. L. Sufficient Security to Complete Project OPTIONEE, in accordance with Clause XV (TENANT’S ASSURhNCE OF CONSTRUCTION COMPLETION) of the Lease, shal! have furnished to the Director of Administrative Services satisfactory evidence that assures C!TY that sufficient financia! security will be available to construct the Project, as set forth in the approved Deve!opment Plans and Construction Drawings. Should the development of the PROPERTY be performed in phases, the requirement of this subparagraph (L) shal! apply only to Phase i improvements. M.SECURITY DEPOSIT OPTIONEE shall have submitted to the Real Property Manager a security deposit in accordance with Ciause(VI) (SECURITY DEPOSIT)of the attached Lease. Notwithstanding the foregoing, OPTIONEE shall be entitled to apply the Five Thousand Dollars ($5,000.00) purchase price of the option under this Agreement toward the required security deposit under the Lease. 5.EXERCISE OF OPTION !f at any time during the option term under this Agreement OPTIONEE has satisfied each and every condition mreceee~_~ set forth in Clause 4 hereof to the satisfaction of CITY, OPTIONEE may exercise the option to lease PROPERTY by giving the Real Property Manager written notice of OPTIONEE’s election to do so, accompanied by two (2) properly executed copies of the Lease substantially in the form of Exhibit i hereof. CITY shall execute the Lease within one (!) month of receipt of OPTIONEE’s request to exercise the option in accordance with this Clause. 6. GENERAL CONDITIONS Review by City OPTIONEE hereby acknowledges that one of the purposes of this Agreement is to afford OPTiONEE and CITY the opportunity to determine whether or not OPTIONEE is able to meet the various conditions and obtain the required approvals as set forth in this Agreement to implement the Project. Several of those conditions involve obtaining review and approval from officers, 070618 jh 0130061 5 ATTACHMENT C employees or agents of CITY. Each of those reviews shal! be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction or authority other- wise possessed by said officers, employees or agents in the conduct of such review. Nothing contained in this Agreement shall be deemed to imply that said approvals wil! be forthcoming, and the failure to issue any such approval or permit by any officer, employee or agent of CITY shall not be deemed in any manner a breach of this Agreement, nor shall any such denial give raise to any claim, liability, obligation, or cause of action with respect to this Agreement or the Lease. B.Other Governmental Approvals CITY agrees to consent to cooperate in the submission of any lawfu! and complete application by OPTiONEE with respect to any permits or approvals related to activities or improvements approved by CITY in accordance with this Agreement which may be required by any governmental or other regulatory agencies aside from CITY. C.Assignment Prohibited This option has been awarded based on the unique background and proposa! of OPTIONEE. Therefore, this option cannot be sold, assigned or otherwise transferred without the prior written consent of CITY. Failure to obtain CITY’s required written consent shal! render said sale, assignment or transfer void. Extension of Option Upon written request of OPTiONEE stating the reasons therefore, the City Manager or designee shall, at his/her sole discretion, extend the term of the option under this Agreement as follows: The City Manager or designee shall grant an extension of the term of this option for a reasonable period of time to be reasonably determined by the City Manager or designee, but not to exceed six (6) months, in the event OPTiONEE is delayed in fulfilling the conditions precedent to the exercise of the option by reason of any cause not the fault ,of, or within the control of, OPTIONEE or its agents or employees; or ii.The City Manager or designee shall grant an extension of the term of the option for a period not to exceed six (6) months, in the event OPTiONEE is delayed in fulfilling the conditions precedent to the exercise of this option for any other reason. However, the City Manager or designee may grant such extension only upon the following 070618 jb 0130061 6 ATTACHMENT C conditions: Written request for such extension shall have been delivered by OPTIONEE to the Real Property Manager at least fifteen (15) days prior to the expiration of the option term under this Agreement; b o Payment in an amount equal to Two Thousand Dollars ($2,000) shall be submitted to CITY with the request for extension referred to above; in the event the extension is denied, CITY shall refund said amount to OPTIONEE; and C ¯OPTIONEE shall submit, together with its request for extension, evidence of its progress toward fu!fiTling the conditions precedent to the exercise of the option, documentation of its proposed actions and the feasibility of satisfying said conditions within the term of the extension requested and such other information and materia! as may be required by the City Manager or his designee. E.Termination of Option Subject to Clause 6(D) hereof, failure of OPTiONEE to meet the terms and conditions of this Agreement fully and satisfactorily within the time limits stated under Clause 2 hereof shal! absolutely and conclusively terminate OPTIONEE’s rights hereunder. Upon termination hereof without exercise of the option by OPTIONEE, OPTIONEE shall, within five (5) business days of receipt of request from the Real Property Manager, deliver to CITY a properly executed quitclaim deed, quitciaiming to CITY any and al! interest of OPTIONEE in and to the PROPERTY. Execution of the Lease by CITY and OPTiONEE substantially in the form of Exhibit I hereof shall also constitute a termination of this Agreement. OPT!ONEE’s Right to Enter Obligation During Option Term and Related indemnification CITY hereby grants to OPTIONEE, its officers, agents, contractors, Board members, EcoCenter Project Management Group me.mbers and employees, during the term of this Agreement or any extension thereof, the right to enter the PROPERTY or any portion thereof at reasonable times for the purposes of con- ducting, at OPTIONEE’s own cost and expense, various project related activities such as, but not limited to, soil, geo!ogic, and engineering investigations, architectura!, environmenta! and historic analyses, construction evaluations, and hazardous substances studies as may be required in connection with the 070618 jb 0130061 7 ATTACHMENT C Project. OPTiONEE hereby agrees to protect, indemnify, defend and hold CITY, its officers, agents and employees, free and harmless from and against any !oss, damages or liability CITY may incur in connection with, as a result of, or by reason of any such investigation. Should the option or this Agreement be terminated without execution of the Lease, OPTIONEE agrees to repair any and all damage caused to the PROPERTY by reason of any such investigation performed. G.insurance Coverage During Option Term OPTiONEE shal!, at its sole cos< and expense, obtain coms~ercia! general liability insurance coverage in the form and amounts as required and set forth in Clause XVIYT INSURANCE) of the Lease prior to any investigation on the PROPERTY by OPTiONEE, its agents, employees or assigns. H.Notices Any notice, tender, or delivery to be given in accordance with this Agreement by either party to the other shall be given in accordance with Clause XXVi (NOTICES) of the Lease. OPTIONEE’s Representations and Warranties OnTIONEm represents and warrants <o C!mV ~hat it has not ~mp±oyed any real estate broker or z!naer in connection with this Agreement and hereby agrees to hold CITY harmless and free from any liability in connection with any commission or finder’s fee alleged to be incurred. Entire Agreement This instrument contains the entire agreement between the parties relating to the option granted under this Agreemen=. Any oral representations or modifications concerning this instrument shall be of no force and effect, except in a subsequent modification which is made in writing and signed by bo<h parties. ,_~co v ~ ~_ \Att in the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shal! be entitled to recover from the !osing party reasonable expenses, including attorneys’ fees, and other lega! costs. L.Binding on Successors This Agreement shall bind and inure to the benefit of the 070618 jb 0130061 8 ATTACHMENT C resmecrive heirs, personal remresentatives, successors assigns of the parties hereto, except as may be expressly provided elsewhere in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Preliminary Agreement on the day and year first above written. C±±:. C!TY OF PALO ALTO OPTIONEE: By:By: City Manager its:Executive Director :~iT~ST: By : City Clerk ~o~’m AS TO....... ~=D FORH: By: Joy~e chs j ~o~rQits:Chair of the ~ ’ of _usuees By: Sr. Asst. City Attorney RECOMMENDED FOR APPROVAL: By: Director, P~ann~nG and ~o~mun=uy Environment By: Director, Commmunity Services Attachments:Exhibit < -se:: Lea Exhibit ii: Secretary of the interior’s Standards 076618 jb 0130061 9 ATTACHMENT C CERTIFICATE OF ACKNOWLEDGMENT (Civi! Code § 1189) ) ) On ~-~::////.~,-.~ ]Z before me, .’~-~-~~,d ~itie~of the officer) personally aooea_e@ <~ ~)~<~s~-~"~9 personally known to me (or proved =o me onthe basis of satisfactory evidence) to be =he person~)whose name(-m) subscribed to the within instrument and acknowledged to me that he/.~y executed the same in his/~/t-beds authorized capacity(~), and that by his/t~hcir signature(s) on the instrument the person(e), or the entity upon behalf of which person(e) acted, executed the instrument. WITNESS my. hand and of:-’~_±c!a=’~’ seal. ATTACHMENT C ~CERTIFICATE OF ACKNOWLEDGHENT (Civi! Code ~ 1189) ) ) (inser~ name and title of the oz~cer) personally appeared [~:~r~" nersonally known to me’W(or ~? --~ ~_~~=ov=e ~o me on Zhe bas~s of satisfactory evidence) to be the pe~son(.~) whose name(~) subscribed to the within instrument and ~ ,~acKno~_eage@ to me b~/sne!~- ~x~cuced the same in~s/ner!-~r authorized ~-~/her _ignature(-~) on thecapacity(i~, and ~ by ~ i~r q instrument the person(~), or the entity upon behalf of which the person(~) acted, executed the ins<rument. WITNESS my hand and official sea!. 070618 jb 0130061 !0 ATTACHMENT C EXHIBIT I LEASE ATTACHMENT C TABLE OF CONTENTS II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. PURPOSE ..............................................................................................................................3 PREMISES ............................................................................................................................4 TE P,_M ....................................................................................................................................4 MONTHLY RENT and RENT WAIVER .............................................................................4 INTENTIONALLY DELETED ............................................................................................4 SECURITY DEPOSIT ...........................................................................................................4 INCREASE IN SECURITY DEPOSIT NON-PROFIT ENTITY .......................................5 PERMITTED USES OF THE PREMISES ..........................................................................5 REQUIRED USES OF THE PREMISES .............................................................................6 MAINTENANCE AND REPAIR .........................................................................................8 INITIAL CONSTRUCTION BY TENANT .........................................................................8 CERTIFICATE OF INSPECTION ........................................................................................9 ALTEraTIONS BY TENANT ............................................................................................9 CONSTRUCTION STANDARDS ........................................................................................9 ASSURANCE OF COMPLETION .......................................................................................10 AS BUILT PLANS ................................................................................................................10 UTILITIES .............................................................................................................................11 XVIII. INSURANCE .........................................................................................................................11 XIXo DAMAGE OR DESTRUCTION - LEASE TO GOVERN TENANT’S RIGHTS ...............11 XX.RESTORATION BY TENANT ............................................................................................11 XXI.ASSIGNING AND SUBLETTING PROHIBITED ..............................................................15 XXII.NON-PROFIT COMMb%’ITY ORGANIZATION ..............................................................15 XXIII.RESERVATION OF AVIGATIONAL EASEMENT ...........................................................15 070521jb 0130067 ATTACHMENT C XXIV. POST-ACQUISITION TENANCY .......................................................................................16 XXV. BROKERS .............................................................................................................................16 XXVI. NOTICES ...............................................................................................................................16 XXVII.ATTACHMENTS TO LEASE ..............................................................................................18 EXHIBIT A - GENERAL CONDITIONS ........................................................................................20 EXHIBIT B -DESCRIPTION OF LEASED PREMISES ................................................................39 EXHIBIT C - DESCRIPTION OF THE PROJECT .........................................................................37 EXHIBIT D -DEVELOPMENT PLANS AND CONSTRUCTION DRAWINGS ........................38 EXHIBIT E - INSURANCE REQUIREMENTS .............................................................................39 EXHIBIT F -LONGTERM MAINTENANCE PLAN AND SCHEDULE FOR THE PREMISES 43 07052!jb 0130067 2 ATTACHMENT C E~ibit I LEASE # This Lease is made this __ day of .20 by and between the City’ of Palo Alto, a chartered California municipal corporation,(CITY)and Environmental Volunteers a California non-profit corporation (TENANT). RECITALS CITY owns the real property and improvements located at 2560 Embarcadero Road, Palo Alto, California, commonly referred to as the "Sea Scout Base," and more specifically described and shown in Exhibit "B" to this Lease, which is attached hereto and incorporated herein by this reference (PREMISES"). On .20__, CITY entered into an Option Agreement with TENANT, on file with the City~ Clerk as City~ Contract No. ..... (the "Option Agreement"). Under the Option Agreement, TENANT agreed to secure all necessary CITY approvals and permits in order to exercise the option granted under the Agreement to lease the PREMISES (the "Option"), relocate the building, construct improvements and operate the PREMISES as described in Exhibit "C" to this Lease which is attached hereto and incorporated herein by this reference (the "Project"). TENANT has satisfied all the conditions set forth in the Option Agreement, and now desires to exercise the Option and lease the PR~MISES from CITY for the Project. CITY desires to lease the PREMISES to TENANT for the Project, in accordance with the terms and conditions set forth below. Now, therefore, in consideration of these recitals and the following covenants, terms and conditions, the parties hereto mutually agree as follows: I.PURPOSE The purpose of this Lease is to allow TENANT to perform the Project as described in Exhibit C, by developing and operating on the Premises a facility~ to house Tenant’s offices and programs and to provide various educational and training programs to the public, according to the terms and conditions of this Lease. 070521jb 0130067 ATTACHMENT C II.PREMISES Subject to the terms and conditions set forth in this Lease, CITY leases to TENANT that certain property (PREMISES) described and shown in "Exhibit B" attached to this Lease and by this reference made a part of this Lease. Unless specifically provided elsewhere in this Lease, TENANT accepts the PREMISES "as-is" on the date of execution of this Lease. III. TERM The term of this Lease shall be Forty (40) years, unless extended or terminated in accordance with this Lease, commencing the first day of the month following the date of execution of the Lease by the Mayor of CITY (the "Commencement Date"). Lessee shall, at the expiration of the term of this lease, or upon its earlier termination, surrender the property in as good condition as it is now at the date of this lease. The Parties expect reasonable wear and tear. The City shal! have the right, upon the termination of the term or upon a breach, to enter the Property and take possession of it. IV.MONTHLY RENT and RENT WAIVER A. TENANT agrees to pay to CITY as monthly rent the sum of One Dollar ($1) per year without deduction or offset. Rent shall be payable, in advance, on or before the first day of each month at the place (or places) as may be designated in writing from time to time by CITY. V.INTENTIONALLY DELETED VI.SECURITY DEPOSIT Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with the CITY the sum of $ 5,000, which sum shall be held by CITY as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease. With the consent of the City Manager, in the sole and absolute discretion of the City Manager, in lieu of cash Tenant may deposit a letter of credit, pledged account or certificate of deposit, in form and substance acceptable to the City Manager, issued by a bank or other financial acceptable to the City Manager; the terms of the pledged account or certificate of deposit may provide for the direct payment of accrued interest directly to Tenant. If Tenant breaches any provision of this Lease, including, but not limited to the provisions relating to the payment of monthly rent, CITY may (but shall not be required to) use, apply or retain all or any part of this security, deposit for the payment of any delinquent rent or other sum, or for the payment of any amount which CITY may spend or become obligated to spend by reason of Tenant’s breach, or to compensate CITY for any other loss or damage which CITY may suffer by reason of Tenant’s breach. If any portion of the security deposit is so used or applied Tenant shall, within 5 days after written demand therefor, deposit cash with CITY in an amount sufficient to restore the security,., deposit to its original amount and Tenant’s failure to do so shall be a breach of this Lease. CITY shall not be required 070521jb 0130067 ATTACHMENT C to keep the security deposit separate from its general funds, and Tenant shall not be entitled to interest on the security deposit. If Tenant shall fully and faithfu!ly perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at CITY’s option, to the last assignee of Tenant’s interest hereunder) within 30 days following expiration of the Term. If CITY transfers its interest in this Lease, CITY shall transfer the security deposit to CITY’s successor in interest. VII.INCREASE ~,x SECURITY DEPOSIT NON-PROFIT ENTITY On the fifth anniversary of the Commencement Date, and every five years thereafter, Tenant shall increase the amount of the initial security deposit according to the following formula: R=SD[(B+I (A-B))/B] Where: R= Revised securi~, deposit. SD=Initial securiO, deposit. A=Average monthly index for the 12 calendar months ending with and including the index published just prior to the month in which each security deposit adjustment is to become effective. B=Average monthly index for the 12 calendar months ending with and including the index published just prior to commencement of this Lease. In no event shall the amount of the revised securi~ deposit be less than the initial securi~, deposit. The difference between the initial security, deposit and the revised security deposit shall be due and payable to City within ten (10) days of receipt of a notice of revision of the securi~; deposit from the Real Property Manager. VIII.PERMITTED USES OF THE PREMISES Tenant shall use the Premises for the uses specified below in this Article and Article IX and for no other use without CITY’s prior written consent, which consent may be withheld in the sole and absolute discretion of the City Council; TENANT shall not use the PREMISES for any other purpose nor to engage in, or permit, any other business activi~: within or from the PREMISES. The uses which are permitted by this Article are the following: Use of the Premises for the offices and programs of Tenant. Workshops, classes and lectures associated with Tenant’s mission and operations; Administrative offices and storage space to support the required services and uses under this Lease; 070521jb 0130067 ATTACHMENT C Eo Fundraising activities to support the permitted and required services and uses specified in this Lease, including but limited to sales of goods and gifts related to Tenant’s use and programs and the hosting of benefits and social activities; Periodic rental of portions of the Premises by Palo Alto-based community groups and individuals, but in no event shall such rental be permitted for commercial purposes and in no event shall such rental interfere with or limit the required services and uses of the Premises set forth in Article IX. Any rental fee charges shall conform to an annual fee schedule approved in advance by the City Manager or his or her designee. Tenant may request modfications to the fee schedule during the year due to changed circumstances. In addition to the foregoing, subject to the prior written approval of the City Manager, or his or her designee, Tenant may also use the Premises to provide such additional services and uses which are ancillaw to and compatible with the permitted services and uses stated above and are not in conflict with the required services and uses specified in Article IX. In addition, and also subject to the prior written approval of the City.; Manager, or his or her designee, Tenant may, also use the Premises to conduct revenue- generating events or operations so long as (i) such uses do not materially, interfere with Tenant’s ability; to provide the required services and uses described in Article IX, (ii) such services or uses will not result in damage to the Premises or materially impair the operations conducted on the Premises, and (iii) all net revenue generated by such services or uses are devoted exclusively to funding the activities of Tenant conducted at the Premises. In each case, the approval of the City Manager, or his or her designee, shall not be unreasonably withheld. IX.REQUIRED USES OF THE PREMISES Throughout the term of this Lease TENANT shal! provide the following uses, services, activities and public benefits ("Required Uses"): A. Rehabilitate, adaptively re-use, improve and maintain the historic building known as the "Sea Scout Base Building" located on the Premises; B. Tenant shall arrange for the construction of a public restroom facility in the vicinity of the existing porta-potty at the duck pond at the Baylands Park. To the extent the cost of this restroom exceeds $75,000, the City~ shal! reimburse Tenant for the additional cost. The City’ shall be responsible for the maintenance of the restroom. C. Trail Access: Following relocation of the building Tenant will construct accessible connections between the promenade deck of the building and the two adjacent termini of the existing Marsh Front Trail in order to close the gap in the multi-use public trail. The trail connections and promenade deck will be open and accessible to the public during the open hours of the park. Tenant shall be responsible for the maintenance of the trail tread along the promenade deck itself so that it is safe, smooth, clean, accessible, unobstructed and attractive. 070521jb 0130067 ATTACHMENT C D. Historic and Environmental Displays: Tenant shall create at least two permanent, exterior informational and educational displays and shall make them available at the Premises for the public and Palo Alto communiU members to enjoy;. One such permanent exhibit will highlight the historical background and former uses of the building and another one or more displays will deal with Bayland Ecology related to the flora and fauna of the Bay. These displays will be continually maintained by Tenant with the intention that over time the Bay flora and fauna displays will be periodically re-designed and updated. E. Waterfront Restoration: Tenant shall remove the existing seawall in front of the existing building and adjacent parking lot which now interferes with the waterfront bank to allow the waterfront bank to be returned to its natural state. F. Nature Preserve Restoration: Tenant shall restore the natural area around the building after its relocation to create an opportunib~ for public education and study of natural area restoration that can, in both the short and long term, lead to lasting, significant and positive impacts on natural areas for which the Cib~ is responsible. Subject to regulatory agency review, Tenant will rehabilitate the areas surrounding the building by adding as much as four times the number of types of native plants than would otherwise be required for basic mitigation. The plants to be added will likely include Pickleweed, Alkali Heath, Pacific Gumplant, Sea- Lavender, Quai! Bush, Coyote Bush, and Silver Lupine. G. Public Information and Education: Tenant will provide 50 hours annually of public information and education to Baylands visitors and/or Palo Alto community members. This public information and education may include, but is not limited to, environmental education programs, community lectures, open houses, nature walks, Baylands restoration projects, camp programs and similar educational opportunities that facilitate the public’s use of the Baylands Nature Park and the dissemination of information in ways and manners that further the public’s understanding to the Baylands Preserve. Over time it is Tenant’s intention to increase the hours offered for these activities should the availability, of increased resources so permit. H. Provision of public benefits through fulfillment of the Environmental Volunteers charitable mission; I. Enhance environmental awareness of, and sensitivity to, natural science issues by Palo Alto residents and the general pubic through various programs which may include classes, displays, exhibits and demonstrations relating to local environmental conditions available to the public; provided, however, that Tenant may elect to charge an admission fee and establish specific viewing and attendance times with respect to displays, exhibits, demonstrations, classes or programs that are available to the public. Any admission fee charged shall conform to an annual fee schedule approved in advance by the CiB.; Manager or his or her designee. Tenant may request modfications to the fee schedule during the year due to changed circumstances. J. Green design features: The rehabilitation and adaptive re-use of the building will incorporate numerous "green" design features in order to make it a more environmentally, sensitive and responsive facili~; and, additionally, to provide an example for other organizations and the community. Tenant will periodically conduct on-site meetings, seminars and educational 070521_}b 0130067 ATTACHMENT C programs designed to share its developed knowledge in this area based on its experience in implementing the "green" design materials and features as well as maintain an ongoing display and e."~ibit. Ever}., five (5) years, the City, and TENANT shall meet and confer to review the effectiveness and relevance of the above listed Required Uses. Upon mutual agreement, the parties may substitute, modify, add or eliminate Required Uses to reflect current and projected community; interest, need or preference. Any changes agreed to by Tenant shal! be readily achievable within Tenant’s annual budget constraints. Any change to the Required Uses shall be reflected in a written modification to this Lease. X.MAINTENANCE AND REPAIR TENANT at TENANT’s expense, shall perform all maintenance and repairs, including all painting, and all maintenance of landscaped areas necessary to keep the PREMISES and all improvements thereto in first-class order, repair and condition, and shall keep the PREMISES and all improvements thereto in first-class order, repair and condition as contemplated under the approved development plans and construction drawings for the Project, throughout the term of this LEASE. For purposes of continued historic preservation of the PREMISES, TENANT shall comply with the maintenance plan and schedule described in Exhibit "F" attached hereto and incorporated herein by this reference. In addition, TENANT shall maintain, at TENANT’s expense, all equipment, furnishings and trade fixtures upon the PREMISES required for the maintenance and operation of the Project. TENANT expressly waives the benefit of any statute now or hereinafter in effect, including the provisions of Sections 1941 and !942 of the Civil Code of California, which would otherwise afford Lessee the right to make repairs at City’s expense or to terminate this Lease because of City’s failure to keep Premises in good order, condition and repair. TENANT further agrees that if and when any repairs, alterations, additions or betterments shall be made by TENANT as required by this paragraph, TENANT shall promptly pay for all labor done or materials furnished and shall keep the PREMISES free and clear of any lien or encumbrance of any kind whatsoever. If TENANT fails to make any repairs or perform any maintenance work for which TENANT is responsible within a reasonable time (as determined by the City Manager in the City’ Manager’s sole discretion) after demand by the CITY, CITY shall have the right, but not the obligation, to make the repairs at TENANT’s expense; within ten (!0) days of receipt of a bill therefor, TENANT shall reimburse CITY for the cost of such repairs, including a fifteen percent (15%) administrative overhead fee. The making of such repairs or performance of maintenance by CITY shall in no event be construed as a waiver of the duty of TENANT to make repairs or perform maintenance as provided in this Section. XI.INITIAL CONSTRUCTION BY TENANT No Plans and Specifications. TENANT shall improve the PREMISES, at no cost to CITY, to adequately accommodate those services, activities and uses required by the Project under Section IX (REQUIRED USES OF THE PREMISES) and Exhibit C hereof. The 07052Ijb 0130067 ATTACHMENT C development plans prepared by TENANT and approved by CITY during the Option period under the Option Agreement, preceding execution of this Lease, shall be a master plan for development of the PREMISES, and the construction drawings prepared by TENANT and approved by the Ci~, Engineer and Chief Building Official during the same period shall provide the plans, specifications, and time schedule for constructing such improvements. ]-he approved development plans and constructions drawings are attached hereto as Exhibit "D" and incorporated herein by this reference. Construction Standards. All design and construction shall conform to the approved plans and specifications, and shall meet all other requirements contained in this Lease. including but not limited to Section XIV (CONSTRUCTION STANDARDS) and Section XV (ASSURANCE OF COMPLETION). Asbestos and Lead Paint. The CITY is not aware of lead paint and asbestos laden materials in the Sea Scout Base building. However, TENANT shall be solely responsible for any lead and asbestos abatement or containment in the building to the extent required under all applicable federal, state and local building and safet)~ codes and regulations, and shall fully comply with any applicable asbestos notification requirements under California Health and Safety Code section 25915 et seq., as amended__. Cost of Improvements. Promptly after completion of construction, TENANT shall provide to the City Manager a statement of the reasonable and actual costs of construction for the initial improvements, which statement shall be certified as to accuracy and signed by TENANT under penalty of perjury. E.Permits. To the extent allowed under current policy and to the extent authorized by the City Council. the Cib~ shall work wih Tenant in seeking waiver of all or a portion of applicable City permit fees. XII.CERTIFICATE OF INSPECTION. Upon completion of construction of any building, TENANT shall submit to the Ci~’ Manager a Certificate of Inspection, verif),ing that the construction was completed in conformance with Title 20 of the California Code of Regulations for residential construction, or in conformance with Title 24 of the Califbrnia Code of Regulations for non-residential construction. XIII.ALTERATIONS BY TENANT TENANT shall not make any alterations or improvements to the PREMISES without obtaining the prior written consent of the City. Manager, which consent shall not be unreasonably withheld. TENANT may, at any time and at its sole expense, install and place business fixtures and equipment within any building constructed by CITY, provided such fixtures and installation have been reviewed and approved by the Ci~7 Manager. XIV. CONSTRUCTION STANDARDS 070521jb 0130067 ATTACHMENT C All construction and alterations performed by or on behalf of Tenant shall conform to the construction and architectural standards contained in E.~ibit D. Once the work is begun, Tenant shall with reasonable diligence prosecute all construction to completion. All work shall be performed in a good and workmanlike manner, shall substantially comply with any plans and specifications approved by CITY and shall comply with all applicable governmental permits, laws, ordinances and regulations. Tenant shall pay all costs for construction done or caused to be done by Tenant on the Premises as permitted or required by this Lease. Tenant shall keep the Premises free and clear of all claims and liens resulting from construction done by or for Tenant. Tenant shall defend and indemnify CITY against all claims, liabilities and losses of any type arising out of work performed on the Premises by Tenant, together with reasonable attorneys’ fees and all costs and expenses reasonably incurred by CITY in negotiating, settling, defending or otherwise protecting against such claims. XV.ASSURANCE OF COMPLETION Prior to commencement of this Lease and any construction or alteration to the PR~MISES, or any phase thereof.. TENANT shall furnish the City Manager evidence that assures CITY that sufficient monies will be available to complete the proposed work. The amount of such assurance shall be at least the total estimated construction cost that was submitted to and approved by CITY in accordance with the Option Agreement. Evidence of such assurance shall take one of the forms set out below and shall guarantee TENANT’S full and faithful performance of all of the terms, covenants, and conditions of this Lease: No Completion Bond; Performance, labor and material bonds, supplied by TENANT’S contractor or contractors, provided the bonds are issued jointly to TENANT and CITY; Irrevocable letter of credit from a financial institution; or Any combination of the above. All bonds and letters of credit must be issued by a company qualified to do business in the State of California and be acceptable to the Cit)~ Manager. All bonds and letters of credit shall be in a form acceptable to the Cit)~ Manager, and shall insure faithful and full observance and performance by TENANT of all of the terms, conditions, covenants, and agreements relating to the construction of improvements or alterations in accordance with this Lease. To the extent a letter of credit is utilized, the amount of the letter of credit shall be substantially equal to the estimated cost to complete all approved construction, and Cit)~ shall cooperate with Tenant to structure the letter of credit so that its amount may be periodically reduced to reflect the remaining cost to complete all approved construction, to permit Tenant to recover from the issuer of the letter of credit any excess collateral. XVI.AS BUILT PLANS 070521jb 0130067 10 ATTACHMENT C Upon completion of any (i) new construction, (ii) structural alterations or (iii) non-structural alterations costing more than $25,000, TENANT shall provide the City Manager with a complete set of reproducible "as built plans" reflecting actual construction within or upon the PREMISES. XVII.UTILITIES TENANT shall make all arrangements for and fully and promptly pay for all utilities and services furnished to the Premises or used by Tenant, including, without limitation, gas, electricity, water, sewer, telephone service, and trash collection, and for all connection charges. XVIII. INSURANCE Tenant’s responsibility for the Property begins immediately on commencement and Tenant, at its sole cost and expense, and at no cost to City, shall purchase and maintain in full force and effect during the entire term of this Lease insurance coverage in an amount(s) and in a form acceptable to City as set forth in Exhibit E attached hereto and incorporated herein by reference. Said policies shall be maintained with respect to Tenant’s employees, if any, and all vehicles operated on the Premises. The policies shall include the required endorsements, certificates of insurance and coverage verifications as described in Exhibit E. XIX.DAMAGE OR DESTRUCTION - LEASE TO GOVERN TENANT’S RIGHTS Except as provided herein, no destruction or damage to the Premises by fire, windstorm or other casualty, whether insured or uninsured, shall entitle Lessee to terminate this Lease. Tenant waives the provisions of any statutes that relate to termination of leases when leased property, is destroyed, including Civil Code §1932(2) and Civil Code §1933(4), and agrees that Tenant’s rights in case of damage or destruction shall be governed solely by the provisions of this Lease. XX.RESTORATION BY TENANT (A)Destruction Due to Risk Covered bv Insurance. I~ during the term, the Premises are totally or partially destroyed fi’om a risk covered by the insurance described in Section XVIII (INSURANCE), rendering the Premises totally or partially inaccessible or unusable, Tenant shall restore the Premises to substantially the same condition as they were in immediately before destruction, whether or not the insurance proceeds are sufficient to cover the actual cost of restoration. Such destruction shall not terminate this Lease. If the laws existing at that time do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Notwithstanding the foregoing, in the event the insurance proceeds are not sufficient to cover nineU,-five percent (95%) of the cost to restore all damage to the Premises and Tenant is not in default of its obligation to carry required insurance, 070521jb 0130067 11 ATTACHMENT C then Tenant shall have the option to terminate this Lease unless Ci~ agrees to pay the amount of restoration cost that is not covered by insurance proceeds actually recovered. (B)Destruction Due to Risk Not Covered by Insurance. If.. during the term, the Premises are totally or partially destroyed from a risk not covered by the insurance described in Section XVIII (INSURANCE), rendering the Premises totally or partially inaccessible or unusable, Tenant shall restore the Premises to substantially the same condition as they were in immediately before destruction, whether or not the insurance proceeds are sufficient to cover the actual cost of restoration. Such destruction shall not terminate this Lease. If the laws existing at that time do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other part),. If the cost of restoration exceeds ninety-five percent (95%) of the then replacement value of the Premises destroyed, Tenant can elect to terminate this Lease by giving notice to CITY within sixty. (60) days after determining the Restoration cost and replacement value. If Tenant elects to terminate this Lease, CITY, within thirty (30) days after receiving Tenant’s notice to terminate, can elect to pay to Tenant, at the time CITY notifies Tenant of its election, the difference between ninety-five percent (95%) of the replacement value of the Premises and the actual cost of restoration, in which case Tenant shall restore the Premises. On CITY’s making its election to contribute, each party, shall deposit immediately the amount of its contribution with the Insurance Trustee provided for in Subsection (C). If the Destruction does not exceed ninety-five percent (95%) of the then replacement value of the Premises, Tenant shall immediately deposit the cost of restoration with the Insurance Trustee as provided in Subsection (c). If Tenant elects to terminate this Lease and CITY does not elect to contribute toward the cost of restoration as provided in this section, this Lease shall terminate. (C) Restoration of Premises. (1) Minor Loss. If.. during the term of this Lease, the Premises are destroyed from a risk covered by the insurance described in Section XVIII (INSURANCE), and the total amount of loss does not exceed ten percent (10%) of the replacement cost of the Premises. Tenant shall make the loss adjustment with the insurance company insuring the loss. The proceeds shall be paid directly to Tenant for the sole purpose of making the restoration of the Premises in accordance with this Lease (2) Major Loss - Insurance Trustee. If, during the term of this Lease, the Premises are destroyed from a risk covered by the insurance described in Section XVIII (INSURANCE), and the total amount of loss exceeds the amount set forth in paragraph (1), Tenant shall make the loss adjustment with the insurance company insuring the loss and on receipt of the proceeds shall immediately pay them to such institutional lender or title company as may be jointly selected by the parties ("the Insurance Trustee"). 070521jb 0130067 12 ATTACHMENT C If the Premises are destroyed from a risk not covered by the insurance described in Section XVIII (INSURANCE), and Tenant has the obligation to restore the Premises as provided in subsection (B), both parties shall deposit with the Insurance Trustee their respective contributions toward the cost of restoration. All sums deposited with the Insurance Trustee shall be held for the following purposes and the Insurance Trustee shal! have the following powers and duties: The sums shall be paid in instalhnents by the Insurance Trustee to the contractor retained by Tenant as construction progresses, for payment of the cost of Restoration. A 10% retention fund shall be established that will be paid to the contractor on completion of restoration, payment of all costs, expiration of all applicable lien periods, and proof that the Premises are free of all mechanics’ liens and lienable claims. Payments shall be made on presentation of certificates or vouchers from the architect or engineer retained by Tenant showing the amount due. If the Insurance Trustee, in its reasonable discretion, determines that the certificates or vouchers are being improperly approved by the architect or engineer retained by Tenant, the Insurance Trustee shall have the right to appoint an architect or an engineer to supervise construction and to make payments on certificates or vouchers approved by the architect or engineer retained by the Insurance Trustee. The reasonable expenses and charges of the architect or engineer retained by the Insurance Trustee shall be paid by the insurance trustee out of the trust fund. If the sums held by the Insurance Trustee are not sufficient to pay.’ the actual cost of restoration Tenant shall deposit the amount of the deficiency with the Insurance Trustee within fifteen (15) days after request by the Insurance Trustee indicating the amount of the deficiency. Any undisbursed funds after compliance with the provisions of this section shall be delivered to CITY to the extent of CITY’s contribution to the fund, and the balance, if any, shall be paid to Tenant. Tenant. All actual costs and charges of the Insurance Trustee shall be paid by If the Insurance Trustee resigns or for any reason is unwilling to act or continue to act, CITY shall substitute a new trustee in the place of the designated Insurance Trustee. The new trustee must be an institutional lender or title company. Both parties shall promptly execute all documents and perform all acts reasonably required by the Insurance Trustee to perform its obligations under this section. (3) Procedure for Restorin~ Premises. Within sixty (60) days after the date that Tenant is obligated to restore the Premises, Tenant at its cost shall prepare final plans and specifications and working drawings complying with applicable Laws that will be necessary for Restoration of the Premises. The plans and specifications and working drawings must be approved by CITY. CITY shall have thi~. (30) days after receipt of the plans and specifications and working drawings to either 07052Ijb 0130067 13 ATTACHMENT C approve or disapprove the plans and specifications and working drawings and return them to Tenant. If CITY disapproves the plans and specifications and working drawings, CITY shall notify Tenant of its objections and CITY’s proposed solution to each objection. Tenant acknowledges that the plans and specifications and working drawings shall be subject to approval of the appropriate governmental bodies and that they will be prepared in such a manner as to obtain that approval. The restoration shall be accomplished as follows: (1) Tenant shall complete the restoration as soon as reasonably practicable after final plans and specifications and working drawings have been approved by the appropriate governmental bodies and all required permits have been obtained (subject to a reasonable extension for delays resulting from causes beyond Tenant’s reasonable control). (2) Tenant shall retain a licensed contractor that is bondable. The contractor shall be required to carry public liability and property damage insurance, standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, during the period of construction in accordance with Section XVIII (INSURANCE). Such insurance shall contain waiver of subrogation clauses in favor of CITY and Tenant in accordance with the Provisions of Exhibit B. (3) Tenant shall noti~.’ CITY of the date of commencement of the restoration at least ten (t 0) days before commencement of the restoration to enable CITY to post and record notices of nonresponsibilit31. The contractor retained by Tenant shall not commence construction until a completion bond and a labor and materials bond have been delivered to CITY to insure completion of the construction. (4) Tenant shall accomplish the restoration in a manner that will cause the least inconvenience, annoyance, and disruption at the Premises. (5) On completion of the restoration Tenant shall immediately record a notice of completion in the county in which the Premises are located. (6) The restoration shall not be commenced until sums sufficient to cover the cost of restoration are placed with the Insurance Trustee as provided in this section. (7) If TENANT elects to terminate this lease and not rebuild or repair such damage, then if CITY so requires, TENANT shall demolish any remaining structures or portions of structures not desired by CITY and clean up any and all debris and shall pay to CITY a pro-rata portion of the proceeds of insurance required in accordance with Section __ hereof. The pro-rata portion shall be based on the following formula: Where: P(R/T) TENANT’s portion of insurance proceeds. Total insurance proceeds paid exclusive of demolition and debris removal expenses. 070521jb 0130067 14 ATTACHMENT C R = Remaining term of the Lease in months. T =The total Lease term in months, including any extensions made in accordance with this Lease. TENANT’s liabili~: for demolition and cleanup shall be limited to insured losses including any deductible mnount. XXI.ASSIGNING AND SUBLETT~G PROHIBITED The parties acknowledge that CITY has relied on the unique background, character and capabilities of TENANT in entering into this Lease or in establishing the rent payable under this Lease. Consequently, Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, or any right or privilege appurtenant hereto, or allow any other person (the employees, agents and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof. Any purported assignment or subletting without such consent shall be void, and shall, at the option of the CITY, constitute a default under this Lease. For purposes of this Section, each of the following shall also be deemed an assignment subject to the provisions hereof: (i) if Tenant is a partnership or joint venture, a withdrawal, addition, or change (voluntary, involuntary, by operation of law, or otherwise) of any of the partners or venturers thereof; (ii) if Tenant is a limited liabili~, company, a withdrawal, addition, or change (voluntary, involuntary, by operation of law, or otherwise) of any of the members or managers thereof; (iii) if Tenant is composed of more than one person, a purported assignment or transfer (voluntary or involuntaw, by operation of law, or otherwise) from one thereof to the other or others thereof; (iv) if Tenant is a corporation, a change in the ownership (voluntary or involuntary, by operation of law, or otherwise) of 25% or more of its capital stock or members (or, in the case of a nonprofit corporation without members, of 25% or more or its directors); or (v) a change in Tenant’s status as a non-profit, charitable organization, XXII. NON-PROFIT COMMU.,%rITY ORGANIZATION For purposes of this Section, each of the following shall also be deemed an assignment subject to the provisions hereof: (i) any amendment, revision or repeal of Tenant’s articles of incorporation or bylaws, unless approved by the CiU Manager before becoming effective, which approval shall not be unreasonably withheld; (ii) any change in the membership fees, if any, charged by Tenant, unless approved by the City; Manager before becoming effective, which shall not be unreasonably withheld, provided however, that approval shall not be required if the increase in queston is not more than five percent (5%) per year since the last time the membership fee in question was adjusted; (iii) any denial of membership in Tenant to any person meeting the requirements for membership described in Tenant’s articles of incorporation or bylaws. Tenant shall at all times assure that the City, Manager has on file copies of Tenant’s then-current articles of incorporation, bylaws and fee schedules. XXIII. RESERVATION OF AVIGATIONAL EASEMENT 070521jb 0130067 15 ATTACHMENT C CITY hereby reserves for the use and benefits of the public, a right of avigation, flight and resulting noise for the passage of aircraft landing at, taking off or operating from the adjacent airport operated by the CounD~ of Santa Clara. XXIV. POST-ACQUISITION TENANCY TENANT hereby acknowledges that TENANT was not an occupant of the PREMISES at the time the PREMISES were acquired by CITY. TENANT further understands and agrees that as a post-acquisition tenant, TENANT is not eligible and furthermore waives all claims for relocation assistance and benefits under federal, state or local law. XXV. BROKERS Each part).., represents that it has not had dealings with any real estate broker, finder, or other person, with respect to this Lease in any manner. Each Party ("Indemni6dng Part)~’’) shall hold harmless the other party, from all damages resulting from any claims that may be asserted against the other part?, by any broker, finder, or other person with whom the Indemnifying Party. has or purportedly has dealt. XXVI. NOTICES Any notice, demand, request, consent, approval or communication that either part? desires or is required to give to the other part)~ shall be in writing and shall be deemed given as of the time of hand delivery to the addresses set forth below, or three (3) days after deposit into the United States mail, postage prepaid, by registered or certified mail, return receipt requested. Hand delivery includes, without limitation, delivery by a reputable commercial delivery service and delivery by facsimile transmission ("Fax") or internet electronic mail ("Email") (if the receiving party has designated a Fax number and/or a valid internet Email address); provided, however, that delivery by Fax or by Email shall not be effective unless (i) transmitted during normal business hours of the receiving party, and (ii) confirmed by delivering party within 24 hours by delivery of a physical copy of the material initially sent by Fax or Email. Unless notice of a different address has been given in accordance with this section, all such notices shall be addressed as follows: TO: CITY TO: TENANT Real Propert?~ Manager City of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto, CA 94303 FAX: (650) 329-2468 Executive Director Environmental Volunteers ~9~1 E. Bayshore Road Palo Alto, CA 94303 (650) 961-0548 070521jb 0130067 16 ATTACHMENT C with a copy to: City Clerk, City; of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto, CA 94303 FAX: (650) 328-3631 and City Attorney, City; of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto CA 94303 FAX: (650) 329-2646 with a copy to: Executive Director Environmental Vounteers 2560 Embarcadero Road Pa!o Alto, CA 94303 (650) 961-0548 Brad O’Brien, Esq Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 (650) 493-68 ! 1 070521jb 0130067 17 ATTACHMENT C XXVII.ATTACHMENTS TO LEASE This Lease includes the following exhibits, which are attached hereto and by this reference incorporated into this Lease: E:chibit A - General Conditions E,’dfibit B - Description of Leased Premises Exhibit C -Description of the Project Exhibit D - Development Plans and Construction Drawings Exhibit E - Insurance Requirements Exhibit F - Long Term Maintenance Plan and Schedule for the Premises The inclusion of Sections in Exhibit A (GENERAL CONDITIONS), Exhibit B (DESCRIPTION OF LEASED PREMISES), E.~ibit C (DESCRIPTION OF THE PROJECT), Exhibit D (DEVELOPMENT PLANS AND CONSTRUCTION DRA\VINGS), Exhibit E (INSURANCE REQUIREMENTS) or E.xhibit F (LONG TERM MAINTENANCE PLAN AND SCHEDULE FOR PREMISES) is not in any way intended to lessen the importance of these Sections, but is merely done to enhance the organization of various Sections and this Lease. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. CITY:TENANT: CITY OF PALO ALTO (LESSOR)ENVIRONMENTAL VOLUNTEERS BY: CiW Manager BY: a California non-profit corporation Its: ATTEST:By: BY:Its: City Clerk (Corporate Seal) APPROVED AS TO FORM: By: Senior Asst. City Attorney RECOMMENDED FOR APPROVAL: 070521jb 0130067 18 ATTACHMENT C By: Assistant City Manager By: Director, Planning and Community Environment By: Director, Community Services 070521jb 0130067 ATTACHMENT C EXHIBIT A GENERAL CONDITIONS I.DEFINITION AND AUTHORITY OF CITY MANAGER City Manager means the City Manager of the CITY, and the City Manager’s designee or designees. The City Manager may establish different designees for different purposes. The City, Manager may designate persons individually or by office or title. If a person is designated by office or title, and the position is eliminated or the title changed, the designation shall automatically apply to the position or title succeeding to the responsibilities of the former position or title. Any; consent or approval anticipated by,, required under, or consistent with this Lease may. be given on behalf of CITY by the City, Manager. The City Manager is not authorized to enter into any amendment of this Lease without the approval of the CiD" Council of CITY. Notwithstanding any grant of authority, to the City Manager under this Lease, the City Manager may in the City. Manager’s sole and absolute discretion waive the grant of authoriD in a specific matter, in which event the City Council of CITY shall retain the authority to act in that matter on behalf of CITY. 2.RENT PAYMENT PROCEDURES No Rent includes all amounts payable by Tenant to City, under this Lease, including but not limited to monthly rent, percentage rent, prepaid rent, security deposit, taxes and assessments, common area charges, operating costs, insurance, utilities, and other charges payable by Tenant (even if payable directly to someone other than CITY). No TENANT’S obligation to pay rent shall commence upon the commencement of this Lease. If the term commences or terminates on a date other than the first of any month, monthly, rent for the first and last month of this Lease shall be prorated based on a 30-day month. Rent (other than percentage rent. if applicable) payments shall be delivered to CITY’s Revenue Collections Division, 250 Hamilton Avenue, PO Box 10250, Palo Alto, CA 94303. The designated place of payment may be changed at any time by CITY upon ten (10) days’ written notice to TENANT. Do TENANT specifically agrees that acceptance of any late or incorrect rentals submitted by TENANT shall not constitute an acquiescence or waiver by CITY and shall not prevent CITY from enforcing Section 3 (CHARGE FOR LATE PAYMENT) or any other remedy provided in this Lease. Acceptance of rent shall not constitute approval of any unauthorized sublease or use, nor constitute a waiver of any nonmonetary breach. 070521jb 0130067 2O ATTACHMENT C 3.CHARGE FOR LATE PAYMENT Tenant acknowledges that late payment of rent wil! cause CITY to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, without limitation, processing, accounting and late charges that may be imposed on City. Accordingly, if any payment of rent is not received by CITY within five (5) days after the due date, then, without any requirement for notice to Tenant, Tenant shall pay to CITY a late charge equal to the greater of (i) six percent (6%) of the amount of the overdue payment, and (ii) $100.00. The parties agree that such late charge represents a fair and reasonable estimate of the costs CITY will incur by reason of late payment by Tenant. Acceptance of the late charge by CITY shall not constitute a waiver of Tenant’s default with respect to the overdue amount, nor prevent CITY from exercising any of the other rights and remedies available to CITY. 4.PARTNERSHIP/CORPORATE AUTHORITY & LIABILITY If TENANT is a partnership, each general partner: A.represents and warrants that the partnership is a duly qualified partnership authorized to do business in Santa Clara CounD; and B.shall be jointly and severally liable for performance of the terms and provisions of this Lease. If TENANT is a limited liability company, each individual signing this Lease on behalf of TENANT represents and warrants that: No he or she is duly authorized to do so in accordance with the Articles of Organization and Operating Agreement of TENANT; and TENANT is a duty qualified limited liabili~, company authorized to do business in the State of California. If TENANT is a corporation, each individual signing this Lease on behalf of TENANT represents and warrants that; ao he or she is duly authorized to do so in accordance with an adopted Resolution of TENANT’S Board of Directors or in accordance with the Bylaws of the corporation; and B.TENANT is a duly qualified corporation authorized to do business in State of California. As used in this Lease. the term " TENANT’S AGENT" shall mean TENANT’S agents, employees, Board members, Project Management Group members, sublessees, concessionaires, or licensees, or any person acting under contract with TENANT; however, the definition of TENANT’S AGENTS used herein, shall not be construed to authorize or permit any sublease or 070521jb 0130067 21 ATTACHMENT C license not authorized or permitted elsewhere in this Lease. As used in this Lease, the term "CITY’S AGENTS" shall mean City officers, agents or employees 5.TIME Time is of the essence of this Lease. 6.SIGNS TENANT agrees not to construct, maintain, or allow any sign to be placed upon the PREMISES except as may be approved by CITY, which approval shall not be unreasonably withheld. Signs shall be allowed identifying the Environmental Volunteers as occupant. Unapproved signs, banners, etc., may be removed by CITY. 7.PEtLMITS AND LICENSES Neither CITY’s execution of this Lease nor any.’ consent or approval given by or on behalf of CITY hereunder in its capacity as a part,,, to this Lease shall waive, abridge, impair or otherwise affect CITY’s powers and duties as a governmental body. Any requirements under this Lease that Tenant obtain consents or approvals of CITY are in addition to and not in lieu of any requirements of law that Tenant obtain approvals or permits. However, CITY shall attempt to coordinate its procedures for giving contractual and governmental approvals so that Tenant’s requests and applications are not unreasonably denied or delayed. TENANT shal! be solely responsible for obtaining any and all permits and!or licenses that may be required by law, including but not limited to building permits and business licenses. 8.MECHANICS LIENS TENANT shall at all times indemni~~ and save CITY harmless from all claims for labor or materials supplied in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the PREMISES, and from the cost of defending against such claims, including attorney fees. TENANT shall provide CITY with at least ten (10) days written notice prior to commencement of any work that could give rise to a mechanics lien or stop notice. CITY reserves the right to enter upon PREMISES for the purposes of posting Notices of Non-Responsibility,. In the event a lien is imposed upon the PREMISES as a result of such construction, repair, alteration, or installation, TENANT shall either: A.Record a valid Release of Lien; or Deposit sufficient cash with CITY to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lienholder claim; or 070521jb 0130067 22 ATTACHMENT C Procure and record a bond in accordance with Section 3143 of the Civil Code, which releases the PREMISES from the claim of the lien from any action brought to foreclose the lien. Should TENANT fail to accomplish one of the three optional actions within fifteen (15) days after the filing of such a lien, the Lease shall be in default and may be subject to immediate termination. 9.LEASE ORGANIZATION AND RULES OF CONSTRUCTION Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. The terms "hereby", "hereol~’, "hereto", "herein", "hereunder" and any similar terms, as used in this agreement, refer to this agreement. All the terms and provisions hereof shall be construed to effectuate the purposes set forth herein, and to sustain the validi~, hereof. The titles and headings of the sections of this agreement have been inserted for convenience of reference only, are not to be considered a part hereof and shall not in any way modi~’ or restrict any of the terms of provisions hereof or be considered or given any effect in construing this agreement or any provision hereof in ascertaining intent, if any question of intent sha!l arise. i0.ENTIRE AGREEMENT This Lease contains all of the agreements and understandings of the parties regarding the PREMISES, and supersedes any and all prior leases or agreements entered into by CITY for use of the PREMISES. All such prior leases or agreements are null and void. 1 !.AMENDMENTS Any modifications or amendments of this Lease must be written, and shall not be effective unless executed by both parties. 12.L~LAWFL~ USE TENANT agrees that no improvements shall be erected, placed upon, operated, nor maintained within the PREMISES, nor any business conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of any regulation, order of law, statute, or ordinance of a governmental agency having jurisdiction over TENANT’S use of the PREMISES. 070521jb 0130067 23 ATTACHMENT C Lessee further agrees not to use Premises for any purpose not expressly permitted hereunder. Lessee shall not (i) create, cause, maintain or permit any nuisance or waste in, on or about the Premises or permit or allow the Premises to be used for any unlawful or immoral purpose, and (ii) do or permit to be done anything in any manner which unreasonably disturbs the users of the CiD; Property or the occupants of neighboring property. Specifically, and without limiting the above, Lessee agrees not to cause any unreasonable odors, noise, vibration, power emissions or other item to emanate from the Premises. No materials or articles of any nature shall be stored outside upon any portion of the Premises. 13.NONDISCRIMINATION TENANT and its employees shall not discriminate against any person because of race, color, religion, ancestry, age, sex, national origin, disability, sexual preference, housing status, marita! status, familial status, weight or height of such person. TENANT shall not discriminate against any employee or applicant for employment because of race, co!or, religion, ancestry, sex, age, national origin, disabilit?~, sexual preference, housing status, marital status, familial status, weight or height of such person. TENANT covenants that in all of the activities TENANT conducts or allows to be conducted on the leased PREMISES, TENANT shall accept and enforce the statements of the policy set forth in Palo Alto Municipal Code Section 9.73.010 regarding human rights and nondiscrimination. If TENANT is found in violation of Palo Alto Municipal Code Section 9.73.010 by a court or administrative body of competent jurisdiction or in violation of the nondiscrimination provision of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the conduct of its activities under this Lease by the State of California Fair Employment Practices Commission or the equivalent federal agency or officer, it shall thereby be found in default under this Lease, and such default shall constitute a material breach of this Lease. CITY shall then have the power to cancel or suspend this Lease in whole or in part 14.INSPECTION CITY’S employees and agents shall have the right at all reasonable times, upon not less than twenD~-four (24) hours prior notice to Lessee, for the purpose of inspecting same, determining if the provisions of this Lease are being complied with, showing same to prospective purchasers, lenders or lessees, and making such alterations, repairs, improvements or additions to the Premises as Ci~; may deem necessary. 15.HOLD HARMLESS TENANT hereby waives all claims, liabilio~ and recourse against CITY including the right of contribution, to the extent growing out of or arising from Tenant’s use or occupancy of the Premises or from any activity undertaken by Tenant or Tenant’s Agents which is related to this Lease for loss or damage of or to persons or property arising from, growing out of or in any way connected with or related to this Lease. CITY and its elected and appointed officials, officers, agents, employees and volunteers ( individually and collectively "Indemnitees") shall have no liability to TENANT or to any other person or entity for, and to the fullest extent permit-ted by law, TENANT shall indemni~,, hold harmless and defend the Indemnitees against, any and all 070521jb 0130067 24 ATTACHMENT C claims, liability, demands, damages, losses, attorneys’ fees, defense costs including expert witness fees, court costs, and any other costs or expenses, arising out of or in any manner related to the operation or maintenance of the properU described herein or TENANT’S performance or non performance of the terms of this Lease, except to the extent caused by the active negligence, willful misconduct, or breach of this Lease by CITY or CITY’s agents. In the event CITY or another Indemnitee are named as co-defendant, TENANT shall notify, CITY of such fact and shall represent the Indemnitees in such legal action unless CITY undertakes to represent the Indemnitees as co-defendants in such legal action, in which event TENANT shall pay to CITY its litigation costs, expenses and attorneys’ fees. CITY shall be entitled to recover its attorney fees and costs in any action against TENANT to enforce the terms of this Section 15. 16.TAXES AND ASSESSMENTS This Lease may create a possessor;v, interest that is subject to the payment of taxes levied on such interest. Lessee specifically acknowledges it is familiar with §107.6 of the California Revenue and Taxation Code, realizes that a possessory interest subject to property taxes may be created, agrees to pay any such tax, and hereby waives any rights Lessee may have under said California Revenue and Taxation Code §107.6. It is understood and agreed that all taxes and assessments (including but not limited to the possessory interest tax) which become due and payable upon the PREMISES or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility, of TENANT and TENANT shall pay the taxes and assessments prior to delinquency. 17.SUCCESSORS IN INTEREST Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 18.CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (FORCE MAJEURE) tf either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor disputes, Acts of God, inability, to obtain labor, materials or reasonable substitutes, governmental restrictions, governmental regulation, governmental controls, judicial orders, enemy, or hostile governmental actions, civil commotion, fire or other casualty, and other causes without fault and beyond the reasonable control of the party obligated (financial inabiliD~ excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 19.PARTIAL INVALIDITY If any term, covenant, condition, or provision of this Lease is determined to be invalid, void, or unenforceable in full or in part, by a court of competent jurisdiction, the remainder of the provisions hereof sha!l remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 070521jb 0!30067 25 ATTACHMENT C 20.WAIVER OF PdGHTS The failure of CITY or TENANT to insist upon strict performance of any of the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that CITY or TENANT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Lease. 21.DEFAULT BY TENANT No Default Defined. The occurrence of any of the following events shall constitute a material default or breach of this lease by TENANT: TENANT’s failure to pay all or any portion of rent or any other payment due CITY at the times and in the manner provided in this Lease, if the failure continues for three (3) days after notice has been given to TENANT; TENANT’s a.) abandonment or vacation the PREMISES (absence from the PREMISES for thirtT (30) days or more shal! conclusively be deemed an abandonment of the PREMISES), b.) violation of the provisions of Section XXI (ASSIGNING, SUBLETTING, and ENCUMBERING), or c.) failure to provide evidence of insurance coverage throughout the term of this Lease in accordance with Section XVIII (INSURANCE) where such failure is not cured withn five (5) days after written notice thereof is given by City to Tenant; and TENANT’s violation of any other provision of this Lease, if the violation is not cured within thirty (30) days after written notice of such violation by CITY to TENANT. However, if the violation cannot reasonably be cured within thirty (30) days, TENANT shall have a reasonable period of time (as determined by the City; Manager) to cure such violation so long as Tenant commences to cure the default within the thirty-day period and thereafter diligently and in good faith continues to cure the default. 4.TENANT’ s: filing of a voluntary petition or having an involuntary petition filed against it in bankruptcy or under any insolvency act or law; b.adjudication as a bankrupt; or c.attempt to make a general assignment for the benefit of its creditors. Rights and Remedies of CITY. If TENANT commits a default, as defined in Subparagraph A. of this Section, CITY shall have the following rights and remedies, which rights and remedies shall not be exclusive, but which shall be 070521jb 0130067 26 ATTACHMENT C cumulative and in addition to any and all rights and remedies now or hereafter allowed by law or otherwise specifically provided in other Sections in this Lease: CITY may continue this Lease in full force and effect and not terminate TENANT’S right to possession of the PR~MISES, in which event CITY shall have the right to collect rent and other payments when due; CITY may terminate this Lease and TENANT’S right to possession of the PREMISES" CITY may have a receiver appointed to collect rentals and conduct TENANT’S business; CITY may cure the default for the account and at the expense of TENANT. If CITY, by reason of an act of default by TENANT, is compelled to pay, or elect to pay, any sum of money or do any act that will require the payment of any sum of money, the sum or sums paid by CITY, together with an administrative charge equal to fifteen percent (15%) of said sum or sums, shall be deemed to be additional rent due CITY under this Lease and shall be due immediately from TENANT at the time the sum is paid, and if repaid at a later date shall bear interest at the rate of 10% per annum from the date the sum is paid by CITY until CITY is reimbursed by TENANT; CITY may seek an action or suit in equity to enjoin an?; acts or things which may be unlawful or in violation of the rights of CITY; o CITY may seek a mandamus or other suit, action of proceeding at law or in equib to enforce its right against TENANT and any of its officers, agents, employees, assigns or subtenants, and to compel it to perform and canT out its duties and obligations under the law and this Lease. Termination and Damaaes CITY and TENANT specifically agree that acts of maintenance or preservation or efforts to relet the PREMISES (including the making of alterations and!or improvements to the PREMISES in connection with any reletting), and!or the appointment of a receiver upon initiative of CITY to protect CITY’S interests under this Lease will not constitute a termination of TENANT’S right to possession. CITY’S efforts to mitigate the dmnages caused by TENANT’S default shall not constitute a waiver of CITY’S right to recover damages under this Section. Upon a termination of TENANT’S right to possession. CITY shall have the right to recover from TENANT: 070521jb 0130067 27 ATTACHMENT C The worth, at the time of award, of the unpaid rental which had been earned at the time of termination of this Lease; and The worth, at the time of award, of the mnount by which the unpaid rent which would have been earned after the date of termination of this Lease until the time of award exceeds the amount of such rental loss that TENANT proves could have been reasonably avoided; and Co The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that TENANT proves could be reasonably avoided; and Any other amount necessa~ to compensate CITY for all detriment approximately caused by TENANT’S default or which in the ordinary course of things would be likely to result therefrom, including, without limitation, all costs incurred by CITY in connection with reletting the PREMISES, court costs and reasonable attorney’s fees. Do "The worth, at the time of the award," as used in paragraphs (a) and (b) of this section is to be computed by allowing interest at the rate of 10% per annum. "The Worth, at the time of the award," as used in paragraph (c) of this section, is to be computed by discounting the amount at the discount rate of the Federa! Reserve Bank of San Francisco at the time of the award, plus 1%. Nothing in this Section shall affect CITY’S right to indemnification for liabiliD’ arising prior to termination of this Lease for personal injm), or properb~ damage pursuant to other provisions of this Lease. Appointment of Receiver. If a receiver is appointed at the request of CITY in any action against TENANT to take possession of the PREMISES and/or to collect the rents or profits derived therefrom, the receiver may, if it is necessary or convenient in order to collect such rents from profits, conduct the business of TENANT then being carried on in the PREMISES, and may take possession of any personal property belonging to TENANT and used in the conduct of such business and may be used by the appointed receiver in conducting such business on behalf of CITY and TENANT. Neither the application for the appointment of such receiver nor the appointment of such receiver shall be construed as an election by CITY to terminate this Lease unless a notice of such intention is given to TENANT. TENANT agrees to indemni~, and hold CITY harmless from any liability arising out of the ent¢; by any such receiver and the taking of possession of the PREMISES and/or use of personal property. 22.DEFAULT BY CITY CITY shall be in default of this Lease if CITY fails or refuses to perform any provision of this Lease that CITY is obligated to perform if the failure to perform is not cured within thirb., (30) days after notice of the default has been given by Tenant to CITY. If the default cannot reasonably be cured within thirty days, CITY shall not be in default of this Lease if CITY 070521jb 0130067 28 ATTACHMENT C commences to cure the default within the thirty-day period and diligently and in good faith continues to cure the default. 23.COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT (RL 27.20) S In the event either CITY or TENANT commences legal action against the other claiming a breach or default of this Lease, the prevailing parD’ in such litigation shall be entitled to recover from the other cost of sustaining such action, including reasonable attorney fees, as may be fixed by the Court. 24.RESERVATIONS TO CITY The PREMISES are accepted "as is" and "where is" by TENANT subject to any and all existing easements, and encumbrances. City makes no warranty or representation of any kind concerning the condition of the Premises, or the fitness of the Premises for the use intended by Lessee, and hereby disclaims any personal "knowledge with respect thereto, it being expressly understood by the parties that Lessee has personally inspected the Premises, knows its condition, finds it fit for Lessee’s intended use, accepts it as is and has ascertained that it can be used for the limited purposes specified in Sections VII and IX. CITY reserves the right to install, lay, construct. maintain, repair, and operate such sanitary., sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oi!, and gas pipelines; telephone and telegraph power lines; and the applications and appurtenances necessaD, or convenient for connection therewith, in, over, upon, through, across and along the PREMISES or any part thereo£ and to enter the PREMISES for any and all such purposes. CITY also reserves the right to grant franchises, easements, rights of way, and permits, in, over, upon, through, across, and along any and all portions of the PREMISES. No right reserved by CITY in this Section shall be so exercised as to interfere unreasonably with TENANT’S operation hereunder. CITY agrees that rights granted to third parties by reason of this Section shall contain provisions that the surface of the land shall be restored as nearly as practicable to the original condition upon the completion of any construction. 25.SURREN~DER OF PREMISES Upon expiration or termination of this Lease TENANT shall redeliver possession of the PREMISES to CITY in substantially the same condition that existed immediately prior to TENANT’S occupancy, reasonable wear and tear and damage by, flood, earthquake and act of war excepted. 26.O\¥~ERSHIP OF IMPROVEMENTS All improvements constructed, erected or installed upon the PREMISES must be free and clear of all liens, claims, or liability; for labor or material and shall become the property of CITY, at its election, upon expiration or earlier termination of this lease and. upon City’s election, shall remain upon the PREMISES upon termination of this Lease. 070521jb 0130067 29 ATTACHMENT C Title to all equipment, furniture, furnishings and trade fixtures placed by TENANT upon the PREMISES shall remain in TENANT, and replacements, substitutions and modifications thereof may be made by TENANT throughout the term of this Lease. TENANT may remove such fixtures and furnishings upon termination of this Lease, provided that TENANT shall repair to the satisfaction of CITY any damage to the PREMISES and improvements caused by such removal and provided that usual and customary lighting, plumbing and heating fixtures shall remain upon the PREMISES upon termination of this Lease. 27.DISPOSITION OF ABANDONED PERSONAL PROPERTY If upon expiration or termination of this Lease TENANT fails to remove any personal property belonging to TENANT from the PREMISES, such property shall at the option of CITY at any time after forty-five (45) days after the date of expiration or termination be deemed to have been transferred to CITY. CITY shall have the right to remove and to dispose of such property without liabiliD, therefor to TENANT or to any person claiming under TENANT, and shall have no need to account therefor. 28.QUITCLAIM OF TENANT’S INTEREST Upon expiration or termination of this Lease for any reason, including but not limited to termination because of default by TENANT, TENANT shall, at CITY’S request execute, ac "knowledge and deliver to CITY within five (5) days after receipt of written demand thereof., a good and sufficient deed whereby all rights, title, and interest of TENANT in the PREMISES are quitclaimed to CITY. Should TENANT fai! or refuse to deliver the required deed to CITY, CITY may prepare and record a notice reciting the failure of TENANT to execute, ac ~knowledge and deliver such deed and the notice shall be conclusive evidence of the termination of this Lease, and of all right of TENANT or those claiming under TENANT in and to the PREMISES. 29.HOLDING OVER After the term of this lease has expired, and until the Parties execute a written extension to the Lease, or Lessee surrenders the Property, to the CiD;, this Lease shall continue on a month-to- month basis subject to all terms and conditions of this lease, at CiD,’s then prevailing monthly rate of rent for the Property. The rent under a month- to-month tenancy shall be payable in advance of each month due and payable in fulI by the first day of each successive month of the Lease, subject to the provisions for late fees in Section 3 of this lease. The rent under a month- to-month tenancy is subject to increase on thirty (30) days prior written notice from City’. Lessee shall be liable for such other damages incurred through the loss of a prospective tenant, or other expenses incurred due to its breach of this condition of the Lease. Nothing contained in this Lease shall give to Lessee the right to occupy the Property after the expiration of the term, or upon an earlier termination for breach. 30.CONFLICT OF INTEREST Lessee shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this agreement. TENANT warrants and covenants that no official or employee 070521jb 0130067 30 ATTACHMENT C of CITY nor any business entity in which any official or employee of CITY is interested: (1) has been employed or retained to solicit or aid in the procuring of this agreement; or (2) will be employed in the performance of this agreement without the divulgence of such fact to CITY. In the event that CITY determines that the employment of any such official, employee or business entity is not compatible with such official’s or employee’s duties as an official or employee of CITY, TENANT upon request of CITY shall immediately terminate such employment. Violation of this provision constitutes a serious breach of this Lease and CITY may terminate this Lease as a result of such violation. 31.EMINENT DOMAIN If all or any part of the PREMISES (or the building in which the PREMISES are located) is condemned by a public entity in the lawful exercise of its power of eminent domain, this Lease shall cease as to the part condemned. The date of such termination shall be the effective date of possession of the whole or part of the PREMISES by the condemning public entity. If only a part is condemned and the condemnation of that part does not substantially impair the capacib of the remainder to be used for the purposes required by this Lease, TENANT shall continue to be bound by the terms, covenants and conditions of this Lease. However, the then monthly rent shall be reduced in proportion to the diminution in value of the PREMISES. If the condemnation Of a part of the PREMISES substantially impairs the capacity of the remainder to be used for the purposes required by this Lease, TENANT may: Terminate this Lease and thereby be absolved of obligations under this Lease which have not accrued as of the date of possession by the condemning public entitT; or Continue to occupy the remaining PREMISES and thereby continue to be bound by the terms, covenants and conditions of this Lease. If TENANT elects to continue in possession of the remainder of the PREMISES, the monthly rent shall be reduced in proportion to the reduced in proportion to the diminution in value of the PREMISES. TENANT shall provide CITY with written notice advising CITY of TENANT’S choice within thirty (30) days of possession of the part condemned by the condemning public enti~’. CITY shall be entitled to and shall receive all compensation related to the condemnation, except that TENANT shall be entitled to: (a) that portion of the compensation which represents the value for the remainder of the Lease term of any TENANT-constructed improvements taken by the condemning public entity, which amount shall not exceed the actual cost of such improvements reduced in proportion to the relationship of the remaining Lease term to the original Lease term, using a straight line approach, and (b) any amount specifically designated as a moving allowance or as compensation for Tenant’s personal property. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. 32. CPI 070521jb 0130067 31 ATTACHMENT C CPI means Consumer Price Index for All Urban Consumers for the San Francisco-Oakland-San Jose CSMA published by the United States Department o~" Labor, Bureau of Labor Statistics. If the CPI is not published for a specific month, any, reference to the CPI for that month shall be deemed to refer to the CPI for the last month prior to that month for which the CPI was published. (For example, if the CPI is published for the month of January 2002 but is not published for the month of February 2002, any reference to the CPI for February 2002 shall be deemed to refer to the CPI for Januars, 2002.) If the CPI is changed so that the base year differs from that used for the month in which the Term commences, the CPI shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI is discontinued or revised during the term, such other government index or computation with which it is replaced shal! be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised. HAZARDOUS SUBSTANCES Compliance with Laws.TENANT shall not cause or permit any Hazardous Material (as defined be!ow) to be brought upon, kept or used in or about the Premises or Project by TENANT, its agents, employees, contractors or invitees except ordinary and customary cleaning supplies and office supplies. Termination of Lease. City shall have the right to terminate the Lease in City’s sole and absolute discretion in the event that (i) any use of the Premises by TENANTinvolves the generation or storage, use, treatment, disposal or release of Hazardous Material in a manner or for a purpose prohibited or regulated by any govermnental agency, authority or Hazardous Materials Laws; (ii) TENANThas been required by any lender or governmental authority to take remedia! action in connection with Hazardous Material contaminating the Premises, if the contamination resulted fromTENANT’s action or use of the Premises; or (iii) Tenant is subject to an enforcement order issued by any governmental authority in connection with the release, use, disposal or storage of a Hazardous Material on the Premises caused by Tenant or Tenant’s Agents. Assignment and Subletting. If (i) any anticipated use of the Premises by any proposed assignee or sublessee involves the generation or storage, use, treatment or disposal or release of Hazardous Material in a manner or for any purpose, (ii) the proposed assignee or sublessees has been required by any prior landlord, lender or governmental authoriU to take remedial action in connection with Hazardous Material contaminating a property, if the contamination resulted from such party’s action or use of the property in question, or (iii) the proposed assignee or sublessee is subject to an enforcement order issued by any governmenta! authoriD, in connection with the release, use, disposal or storage of a Hazardous Material, then it shall not be unreasonable for City to withhold its consent to an assignment or subletting to such proposed assignee or sublessee. Hazardous Materials Defined. The term Hazardous "Material(s)" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to, those substances, 070521jb 0130067 32 ATTACHMENT C materials or wastes regulated now or in the future under any of the following statutes or regulations and any and all of those substances included within the definitions of "hazardous substances," "hazardous waste," "hazardous chemical substance or mixture," "imminently hazardous chemical substance or mixture," "toxic substances," "hazardous air pollutant," "toxic pollutant" or "solid waste" in the (a) "CERCLA" or "Superfund" as amended by SAtL~k, 42 U.S.C. Sec. 9601 et seq., (b) RCRA, 42 U.S.C. Sec. 6901 et seq., (c) CWA., 33 U.S.C. Sec. 1251 et seq., (d) CAA, 42 U.S.C. 78401 et seq., (e) TSCA, 15 U.S.C. Sec. 2601 et seq., (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407, (g) OSHA, 29 U.S.C. 651 et seq. (h) Hazardous Materials Transportation Act, 49 U.S.C. Sec. 180! et seq., (i) USDOT Table (40 CFR Part 302 and amendments) or the EPA Table (40 CFR Part 302 and amendments), (j) California Superfund, Cal. Health & Safety Code Sec. 25300 et seq., (k) Cal. Hazardous Waste Control Act, Cal. Health & Safety Code Section 25100 et seq., (1) Porter-Co!ogne Act, Cal. Water Code Sec. 13000 et seq., (m) Hazardous Waste Disposal Land Use Law, Cal. Health & SafeD Code Sec. 25220 et seq., (n) "Proposition 65," Cal. Health and SafeD~ Code Sec. 25249.5 et seq., (o) Hazardous Substances Underground Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq., (p) California Hazardous Substance Act, Cal. Health & Safety Code Sec. 28740 et seq., (q) Air Resources Law, Cal. Health & SafeD, Code Sec. 39000 et seq., (r) Hazardous Materials Release Response Plans and Inventory, Cal. Health & SafeD, Code Secs. 25500-25541, (s) TCPA, Cal. Health and SafeD~ Code Secs. 25208 etseq., and (t) regulations promulgated pursuant to said laws or any replacement thereog or as similar terms are defined in the federal, state and local laws, statutes, regulations, orders or rules. Hazardous Materials shall also mean any and all other substances, materials and wastes which are, or in the future become regulated under applicable local, state or federal law for the protection of health or the environment, or which are classified as hazardous or toxic substances, materials or wastes, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetracholoethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereo£ (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. Civ,"s Right to Perform Tests. At any time prior to the expiration of the Lease Term, CiD~ shall have the right to enter upon the Premises in order to conduct tests of water and soil and to deliver to Tenant the results of such tests to demonstrate that levels of any Hazardous Materials in excess of permissible levels has occurred as a result of Tenant’s use of the Premises. Tenant shall be solely responsible for and shall indemni~’, protect, defend and hold Ci~~ harmless from and against all claims, costs and liabilities including actual attorneys’ fees and costs arising out of or in connection with any removal, remediation, clean up, restoration and materials required hereunder to comply with all applicable legal or other regulatory requirements related to the investigation or remediation of Hazardous Materials released upon the Premises as a result of Tenant’s use of the 07052Ijb 0130067 ATTACHMENT C Premises. The testing shall be at Tenant’s expense if CiD has a reasonable basis for suspecting and confirms the presence of Hazardous Materials in the soi! or surface or groundwater in on, under, or about the Premises or the Project, which has been caused by or resulted from the activities of Tenant, its agents, employees, contractors or invitees. Hazardous Materials IndemniW. TENANT shall indemni~;, defend (by counsel reasonably acceptable to City,), protect and hold Landlord harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses, including, without limitation, diminution in value of the Premises or Project, damages for the loss or restriction on use of the rentable or usable space or of any amenity, of the Premises or Project, damages arising from any adverse impact or marketing of the Premises or Project and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during the Lease Term, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Premises or Project by TENANT, TENANT’S Agents, licensees or invitees or at TENANT’S direction, of Hazardous Material, or by TENANT’S failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability,. TENANT’S indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessau Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises or Project, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the Lease Term. For purposes of the indemnity, provided herein, any acts or omissions of TENANT or its employees, agents, customers, sublessees, assignees, contractors or subcontractors of TENANT (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable toTENANT. TENANT’S USE OF PREMISES. TENANT shall comply with all laws now or hereafter in effect relating to the use of Hazardous Materials on, under or about the PREMISES, and TENANT shall not contaminate the PREMISES, or its subsurfaces, with any, Hazardous Materials. ii.TENANT shall not cause or permit any Hazardous Materials to be used, stored, generated, or disposed of on or in the PREMISES by TENANT, TENANT’s agents, employees, contractors, or invitees without first obtaining the written consent of the CITY’S Fire Chief and the CiD Manager. 070521jb 0130067 34 ATTACHMENT C 1ll.TENANT shall be solely and fully responsible for the reporting of all Hazardous Materials releases to the appropriate public agencies, when such releases are caused by or result from TENANT’S activities on the PREMISES. TENANT shall immediately inform CITY of any release of Hazardous Materials, whether or not the release is in quantities that would otherwise be reportable to a public agency. iv.TENANT shal! be solely and fully responsible and liable for such releases at the Premises, or into CITY’S sewage or storm drainage systems caused by Tenant or Tenant’s Agents. TENANT shall take all necessary precautions to prevent any of its Hazardous Materials from entering into any storm or sewage drain system or from being released on the Premises. TENANT shall remove releases of its Hazardous Materials caused by Tenant or Tenant’s Agents in accordance with all laws. In addition to all other rights and remedies of CITY hereunder, if the release of Hazardous Materials caused by TENANT is not removed by TENANT within a reasonable period of time (taking into account any threat to health and safe~,, the time to obtain appropriate permits and clearances from regulatory authorities, and the time to obtain competitive bids from contractors), CITY or any other third party, CITY may pay to have the same removed and TENANT shall reimburse CITY for such costs within five (5) days of CITY’S demand for payment. vi.TENANT’S obligations under this Section shall survive the expiration or earlier termination of this Lease. 34.ALL COVENANTS ARE CONDITIONS All provisions of the Lease are expressly made conditions. 35.PARTIES OF INTEREST Nothing in this agreement, expressed or implied, is intended to, or shall be construed to, confer upon or to give to any person or part), other than CITY and TENANT the covenants, condition or stipulations hereof. All covenants, stipulations, promises and agreements in this Lease shall be for the sole and exclusive benefit of CITY and TENANT. 36.RECORDATION OF LEASE Neither CITY nor TENANT shall record this Lease; however, a short-form memorandum of Lease may be recorded at CITY’S request. 070521jb 0130067 35 ATTACHMENT C A.P.NO. 008-05-005 6/28/2007 EXHIBIT B (page 1 of 2) DESCRIPTION OF LEASED PREMISES LEASE BETWEEN CITY OF PALO ALTO AND ENVIRONMENTAL VOLUNTEERS PARCEL 3 Beginning at a point North 45° 49’ 01" East 104.46 feet from a 3/4 inch iron pipe with plug stamped CPA LS5223 said 3A inch iron pipe being North 53° 44’ 04" East 1492.79 feet, from a monument in the centerline of Embarcadero Road. Said Monument being North 51 ° 37’ 00" East 1558.72 feet, from the imersections of the centerlines of Embarcadero Road and Faber Place; Thence South 45° 08’ 45" East 83.68 feet; Thence North 42° 52’ 45" East 108.00 feet to a nail; Thence North 45° 08’ 45" West 78.!4 feet to a 3~ inch iron pipe with plug stamped CPA LS5223; Thence South 45° 49’ 01" West 107.95 feet to point of beginning. Being part of that certain 29.66 acre parcel recorded January 14, 1921 in Volume 532 of deeds at page 59 of Santa Clara County Official Records. Parcel 3 containing 8,733 square feet (0.20 acres) more or less Parcel 3 shox~T~ on Exhibit B and made a part hereof. James Kiehl, LS 7152 Expires 6-30-2009 EXHIBIT B S:\PWD\ENG\,TYPING\KIEHL\PROJECTS 1\EAST OF SCOUT\sc062507.doc i of 1 101\SEA ATTACHMENT C ATTACHMENT C EXHIBIT C PROJECT DESCRIPTION The Project consists of the rehabilitation and relocation of the former Sea Scout building for use as TENANT’s office headquarters for conducting its mission of promoting the understanding of and responsibility for the environment through hands-on-science education. TENANT will provide 50 hours per year of public information and education to Baylands visitors and/or Palo Alto community members including environmental education programs, community lectures, open houses, nature walks, Baylands restoration project, and camp programs. TENANT will create and display for the public at least two permanent, exterior educational exhibits which will be periodically re-designed and updated. Rehabilitation and adaptive re-use of the building will be in accordance with the findings of the Historic Resources Report for the building and the Secretary of Interior’s Standards for Historic Rehabilitation. Improvements include seismic upgrading including a new foundation, addition of sustainable and environmentally sensitive features and improvement of the site with a natural landscaping plan. The existing seawall will be removed and the waterfront bank returned to its natural state. The Marsh Front Trail will be improved by closing the gap in the multi-use public trail. The rehabilitation of the building will incorporate numerous "Green" design features to make it a more environmentally sensitive and responsive facility and to provide an example to other organizations and the community. A public restroom near the duck pond will be constructed and CITY will reimburse TENANT for costs over $75,000 070521jb 0130067 37 ATTACHMENT C EXHIBIT D DEVELOPMENT PLANS AND CONSTRUCTION DRAWENGS 070521jb 0130067 38 ATTACHMENT C EXHIBIT E INSURANCE REQUIREMENTS Insurance Requirements for Lessee: Lessee shall purchase and maintain the insurance policies set forth below on all of its operations under this Lease at its sole cost and expense. Such policies shall be maintained for the full term of this Lease and the related warranty period (if applicable). For purposes of the insurance policies required under this Lease, the term "CiD" shall include the duly elected or appointed council members, commissioners, officers, agents, employees and volunteers of the City of Palo Alto, California, individually or collectively. Minimum Scope of Insurance Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General LiabiliD, coverage (occurrence form CG 0001). 2) Insurance Services Office form number CA 0001 (Ed. !/87) covering Automobile Liability, code 1 (any auto). 3) Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance (for lesees with employees). 4)Propels,; insurance against all risks of loss to any tenant improvements or betterments The policy or policies of insurance maintained by TENANT shall provide the following limits and coverages: POLICY MINIMUM LIMITS OF LIABILITY (1) Commercial General Liability $1,000,000 per each occurrence for bodily injury, personal injury and property damage (2) Automobile Liabili~; Including Owned. Hired and Non-Owned Automobiles $1,000,000 Combined Single Limit (3) Workers’ Compensation Employers Liability Statutory $1,000,000 per accident for bodily injury or disease (4) Tenant’s Property Insurance Tenant shall procure and maintain property insurance coverage for: (a) all office furniture, trade fixture, office equipment, merchandise. 070521jb 0130067 39 ATTACHMENT C and all other items of Tenant’s property in, on, at, or about the premises and the building, include property installed by, for, or at the expense of Tenant; (b) all other improvements, betterments, alterations, and additions to the premises. Tenant’s property insurance must fulfill the following requirements: (a) it must be written on the broadest available "all risk" policy form or an equivalent form acceptable Ci~; of Palo Alto, including earthquake sprinkler leakage. (b) for no less than ninety percent (90%) of the full replacement cost (new without deduction for depreciation) of the covered items and property; and (c) the amounts of coverage must meet any coinsurance requirements of the policy or policies. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the TENANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance shall be in full force and effect commencing on the first day of the term of this Lease. Each insurance policy required by this Lease shall: Be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY. Include a waiver of all rights of subrogation against the CITY and the members of the City Council and elective or appointive officers or employees, and each parD, shall indemni~, the other against any loss or expense including reasonable attorney fees, resulting from the failure to obtain such waiver. 3.Name the CITY OF PALO ALTO as a loss payee on the property. policy. Provide that the CITY, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the TENANT; products and completed operations of the TENANT; premises owned, occupied or used by the TENANT; or automobiles owned, leased, hired or borrowed by the TENANT. The coverage shall contain 070521jb 0130067 40 ATTACHMENT C no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. Provide that for any claims related to this Lease, the TENANT’s insurance coverage shal! be primary insurance as respects the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents or volunteers shall be excess of the TENANT’s insurance and shall not contribute with it. Provide that any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees, agents or volunteers. Provide that TENANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liabili~,. TENANT agrees to promptly pay to CITY as Additional Rent, upon demand, the amount of any increase in the rate of insurance on the Premises or on any other part of Building that results by reason of TENANT’s act(s) or TENANT’s permitting certain activities to take place. Acceptabiliw of Insurers All insurance policies shall be issued by California-admitted carriers having current A.M. Best’s ratings of no lower than A-:VII. Other Insurance Rectuirements TENANT shall deposit with the Cit), Manager, on or before the effective date of this Lease, certificates of insurance necessary to satis~ CITY that the insurance provisions of this Lease have been complied with, and to keep such insurance in effect and the certificates therefor on deposit with CITY during the entire term of this Lease. Should TENANT not provide evidence of such required coverage at least three (3) days prior to the expiration of any existing insurance coverage, CITY may purchase such insurance, on behalf of and at the expense of TENANT to provide six months of coverage. CITY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the CITY’s Risk Manager (or comparable official), the insurance provisions in this Lease do not provide adequate protection for CITY and for members of the public using the PREMISES, the City Manager may require TENANT to obtain insurance sufficient in coverage, form, and amount to provide adequate protection as determined by the Risk Manager. CITY’S requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risk that exists at the time a change in insurance is required. 070521jb 0130067 41 ATTACHMENT C The City Manager shall noti~ TENANT in writing of changes in the insurance requirements. If TENANT does not deposit copies of acceptable insurance policies with CITY incorporating such changes within six~, (60) days of receipt of such notice, or in the event TENANT fails to maintain in effect any required insurance coverage, TENANT shall be in default under this lease without further notice to TENANT. Such failure shall constitute a material breach and shall be grounds for immediate termination of this Lease at the option of CITY. The procuring of such required policy or policies of insurance shall not be construed to limit TENANT’S liabiliD; hereunder nor to fulfill the indemnification provision and requirements of this Lease. Notwithstanding the policy or policies of insurance, TENANT shall be obligated for the full and total amount of any damage, injury, or loss caused by or connected with this Lease or with use or occupancy of the PREMISES. 070521jb 0130067 42 ATTACHMENT C EXHIBIT F LONG TERM MAINTENANCE PLAN AND SCHEDULE FOR THE PREMISES 070521jb 0130067 43 ATTACHMENT C 10. EXHIBIT II (to Option Ageement) Secreta~ of the Interior’s Standards for Rehabilitation* A prope~%~ shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. The historic character of the property shall be retained and preserved. The removal of historic material or alteration of features and spaces that characterize a property shall be avoided. Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. Most properties change over time: Those changes that have acquired historic significance in their own right shall be retained and preserved. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property, shall be preserved. Deteriorated historic features shall be repaired rather than replaced. Where the severiD; of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property... The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integriD~ of the property and its environment. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrib~ of the historic property.’ and its environment would be unimpaired. *Guidelines for these Standards are available for public review in the Palo Alto Planning Department, or they may be reviewed on the Internet at www2.cr.nps.gov/tps!lo_z/rt~b!sta,~d.htm. Click on "Guidelines." ATTACHMENT C ATTACHMENT D SUMMARY OF OPTION TO LEASE between the City of Pa!o Alto and the Environmental Volunteers (EV) for the Sea Scout building at the Palo Alto Baylands Conditions of the Option Prior to exercising its option to lease the property, the EV (Optionee) must satis~~ the following conditions: o Pay the Purchase Price of the Option. Submit schematic plans for the project within twelve (12) months of the commencement of the option; Receive approval of its development plan for the entire project from the Historic Resources Board, Architectural Review Board, Planning & Transportation Commission and City Council; Receive approval from the City Engineer and Chief Building Official of construction drawings, including the construction contract form and proposed construction schedule. If property is phased, this requirement shall apply only to Phase I improvements. Comply with all requirements of the California Environmental Quality Act (CEQA); Receive approval from the City Manager of a long-term maintenance plan and schedule for the building during the Lease terna. Provide evidence to the Real Property Manager that any and all permits from any agencies having pre-construction jurisdiction over the proposed development have been authorized and are available. Satisfy the Director of Administrative Services that the EV has sufficient finances or financial commitments to implement the project as approved by the City and furnish to the Director of Administrative Services evidence that sufficient financial security will be available to construct the project. Submit to the Real Property Manager a security deposit as required by the Lease. Terms of the Lease LESSOR: City of Palo Alto TENANT: The Enviro~zmental Volunteers, a non-profit corporation PREMISES: Sea Scout building at Palo Alto Baylands, 2560 Embarcadero Road ATTACHMENT C PURPOSE: The purpose of the lease is to allow the EV to perforna the project as described in Exhibit C to the lease by developing and operating a facility to house EV’s offices and programs and to provide various educational and training programs to the public according to the terms and conditions of this Lease. TE~M: The term of the lease is 40 )’ears. REQUIRED AND PERMITTED USES AND SERVICES: Required Uses: 1.Rehabilitate, adaptively re-use and improve and maintain the Sea Scout Building. 2.Construct a public restroom near the duck pond at the Baylands Park. City to reimburse EV for any cost over $75,000 and be responsible for the maintenance of the restroom. 3.Improve Marsh Front Trai! access by constructing accessible comaections bea,veen the promenade deck of the building and the two adjacent termini of the trai! in order to close the gap. The trail colmections and promenade deck to be open to the public during park hours and EV shall maintain the trail along the promenade deck. 4.Create at least two permanent, exterior educational displays for the public highlighting the historical background and former uses of the building and another dealing with Bayland Ecology related to the flora and fauna of the Bay. 5.Remove the existing seawall which will allow the waterfront ban to return to its natural state. 6.Restore the natural area around the building to create an opportunity for public education and study of natural area restoration. 7.Provide 50 hours amma!ly of information and education to the public, including but not limited to environmental education programs, community lectures, open houses, nature walks, Baylands restoration projects, and camp programs. 8.Provide public benefits through fulfillment of the EV mission. 9.Enhance the public’s envirorm~ental awareness and sensitivity to natural science issues t!~ough activities which may include classes, displays, and exhibits, provided that EV may charge an admission fee and establish specific attendance times. Fee schedules shall be subject to approval by the City Manager or designee. 10.Incorporate nmnerous "green" design features in the rehabilitation of the building to make a more environmentally sensitive and responsive facility and, additionally, to provide an example for other organizations and the community. 11.Meet with City every five (5)),ears to confer and review the effectiveness and relevance of the above listed Required Uses. Upon mutual agreement, the parties may substitute, modi~, add or eliminate Required Uses to reflect current and projected community interest, need or preference. Any change to the Required Uses shall be reflected in a written modification to this Lease. ATTACHMENT C Permitted Uses: 1. Administrative offices and storage. 2. Workshops, classes and lectures associated with EV mission and operations. 3. Fundraising activities to support the required and permitted services including but limited to sales of goods and gifts related to EV’s use and programs and hosting of benefits and programs. 4. Periodic rental of space for fundraising purposes as long as it is not for commercial pro-poses and does not interfere with or limit required services. Rental fee charges shall be subject to approval by City Manager. CONSIDERATION!RENT: 1. Monetary: One Dollar ($1.00) per year rent and up to $75,000 of the construction cost of the public restroom. 2.Non-monetary: Developmem and operation of a non-profit environmental organization headquarters consistent with the purpose and clauses of the Lease, at no cost to the City. SECURITY DEPOSIT: A $5,000 security deposit which can be cash, assignment of savings account, certificate of deposit or letter of credit. REQUIRED IMPROVEMENTS: Required improvements are those improvements which are identified and shown in the plans approved by the City during the option period. All improvements to be at no cost to City. MAINTENANCE AND REPAIRS: EV shall be responsible for all maintenance and repairs in accordance with the City- approved maintenance program approved during the option period. ASSIGNMENT AND SUBLETTING: Any assiglm~ent, subletting or encumbrance of the lease is prohibited. TAXES, AS SMES SMENTS AND UTILITIES: EV shall be responsible for all costs for utilities, taxes and assessments for the premises. INSURANCE: The EV shall maintain insurance meeting the City’s standard requirements for insurance protection. ATTACHMENT C ATTACHMENT E Permit/Planning Fees To Be Waived Environmental Volunteers Building permit fee $12,958 Building plan check $10,366 Planning plan check $ 3,886 Fire plan check $ 5,829 PW plan check $ 1,554 SMIP $ 420 Elec/Mech/Plumbing $ 1.026 Plannin~ Fees $15.000* TOTAL $51,000 *Planning fees are estimated because some are cost recovery and charged on an hourly basis. ATTACHMENT C ATTACHMENT D Building Permit ID: 07000-00000-03210 Address: 2560 Embarcadero Road, Palo Alto CA Description of Work: Rehabilitation of the Sea Scout Building List of Fees that were waved for the Building Permit Period Subgroup Fee Code Fee Item Assess Date Priority Quantity Unit Fee Adjusted PERMIT General 000001BBPAAA Permit Automation Fee 9/29/2008 1 $2.00 PERMIT General 11 Comprehensive Plan Maintenance Fee 9/29/2008 1 $168.52 PERMIT Building 000004BBPAAB Building Plan Check Fee 12/28/2007 1 $2,884.66 PERMIT Building Code 000002BBPAAA Building Permit Fee 9/16/2008 1 $4,038.24 PERMIT Strong Motion Instrumentation Surcharge 000012BBPAAA SMIP - Commercial 9/16/2008 1 $80.29 PERMIT Public Works 000001CNDFEE C & D Ordinance Recycling 9/29/2008 1 $225.00 PERMIT General 800000BBPAAA Microfilm Copy/Print Enter number of Sheets 9/29/2008 61 $183.00 PERMIT Electric 000000BEPAAA Elect Base fee 9/18/2008 1 $80.00 PERMIT Electric 000002BEPAAA New or Remodeled Square Footage - Enter Sq Ft 9/18/2008 2858 $285.80 PERMIT Mechanical 000000BMPAAA Mech Base Fee 9/18/2008 1 $80.00 PERMIT Mechanical 000002BMPAAA New or Remodeled Square Footage - Enter Sq Ft 9/18/2008 2858 $285.80 PERMIT Plumbing 000100BPPAAA Plbg Base Fee 9/18/2008 1 $80.00 PERMIT Plumbing 000102BPPAAA Plbg New or Remodeled Square Footage - Enter Sq Ft 9/18/2008 2858 $285.80 Total Fee: $8,679.11 ATTACHMENT D ATTACHMENT E October 29, 2012 James Keene City Manager 250 Hamilton Avenue Palo Alto, California 94301 Dear Jim, As you know, the Environmental Volunteers recently completed the $3.8 million restoration of the city’s historic resource formerly known as the Sea Scout Building. We are excited to restore this iconic building that will benefit the city, our organization and the community. This project truly was a win-win-win. As part of the restoration project, the City of Palo Alto charged us fees totaling $40,334 (Attachment A). In three prior communications dating back to 2008 we requested that these fees be reimbursed or waived or an appropriate accommodation be found. No action was taken on that request any of those times. In a meeting with Steve Emslie in spring 2012 it was recommended that we seek a creative solution to this issue of the fees charged by the city for restoring the city’s own property. We believe the appropriate solution is to amend our lease as explained below. Under the current terms of our lease and quoting from that lease: Tenant shall arrange for the construction of a public restroom facility in the vicinity of the existing porta-potty at the duck pond at the Baylands Park. To the extent the cost of this restroom exceeds $75,000, the City shall reimburse Tenant for the additional cost. The City shall be responsible for the maintenance of the restroom. Following our discussions with Steve Emslie, by this letter we formally request that City Council amend our lease to reduce the maximum portion of the restroom expense to be taken on by the Environmental Volunteers to $35,000. Upon signing an amended lease, we are prepared to immediately coordinate with the City on the construction of this restroom. Why are we making this request? • The EcoCenter was, is, and will continue to be a City of Palo Alto resource. It is unfair that we endured over $40,000 in city fees to restore the city’s own property. ATTACHMENT F • Through our hard work and capital investment, the City of Palo Alto has realized a multi-million dollar increase in the value of its real estate portfolio. • Given the hazardous state of the building prior to our involvement, we removed a safety and security hazard with which the City long contended. The Baylands is a much safer place now. • Through the new educational programs we are developing at the EcoCenter, visitors to the city’s preserve enjoy an enriched educational experience. For the duration of this project we enjoyed a positive and productive working relationship with the City and its representatives. This truly has been a public-private partnership in the best senses of that term. In a spirit of fairness, we respectfully request that City Council amend our lease capping our restroom contribution at $35,000. Sincerely, Allan Berkowitz Executive Director ATTACHMENT F ATTACHMENT G Municipal Code Sections: 18.18.060, 18.18.070, 18.18.080 18.18.060 Development Standards (a) Exclusively Non-Residential Use Table 2 specifies the development standards for new exclusively non-residential uses and alterations to non-residential uses or structures in the CD district, including the CD-C, CD-S, and CD-N subdistricts. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020: Table 2 Exclusively Non-Residential Development Standards CD-C CD-S CD-N Subject to regulations in Section: Minimum Setbacks Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may apply Front Yard (ft) None required 10 (1) Rear Yard (ft) None required Interior Side Yard (ft) None required Street Side Yard (ft) None required 20 (1) Minimum street setback for sites sharing a common block face with any abutting residential zone district Minimum yard (ft) for lot lines abutting or opposite residential zone districts 10 (1) 10 (1) 10 (1) Maximum Site Coverage None required 50% Maximum Height (ft) Standard 50 50 25 Within 150 ft. of an – (3) – (3) – (3) ATTACHMENT G abutting residential zone district Maximum Floor Area Ratio (FAR) 1.0:1 (5) 0.4:1 (5) 0.4:1 (5) 18.18.060(e) 18.18.070 Maximum Floor Area Ratio (FAR) for Hotels 2.0:1 2.0:1 N/A 18.18.060(d ) Maximum Size of New Non- Residential Construction or Expansion Projects 25,00 square feet of gross floor area or 15,00 square feet above the existing floor area, whichever is greater, provided the floor area limits set forth elsewhere in this chapter are not exceeded Daylight Plane for lot lines abutting one or more residential zone districts Initial Height at side or rear lot line – (2) 10 10 Slope – (2) 1:2 1:2 (1) The yard shall be planted and maintained as a landscaped screen, excluding area required for site access. (2) The initial height and slope shall be identical to those of the residential zone abutting the site line in question. (3) The maximum height within 150 feet of any abutting residential zone district shall not exceed the height limit of the abutting residential district. (4) The minimum street setback shall be equal to the residentially zoned setback for 150 feet from the abutting single-family or multiple family development. (5) FAR may be increased with transfers of development and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD- N subdistricts. (b) Mixed Use Table 3 specifies the development standards for new residential mixed use developments. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlines in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and ATTACHMENT G approved by the director of planning and community environment, pursuant to Section 18.76.020: TABLE 3 MIXED USE DEVELOPMENT STANDARDS CD- C CD- S CD- N Subject to regulations in Section: Minimum Setbacks Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may apply Front Yard (ft) None required 10' Rear Yard (ft) 10' for residential portion; no requirement for commercial portion Interior Side Yard (ft) No requirement 10' if abutting residential zone 10' if abutting residential zone Street Side Yard (ft) No requirement 5' 5' Permitted Setback Encroachments Balconies, awnings, porches, stairways, and similar elements may extend up to 6' into the setback. Cornices, eaves, fireplaces, and similar architectural features (excluding flat or continuous walls or enclosures of interior space) may extend up to 4' into the front and rear setbacks and up to 3' into interior side setbacks Maximum Site Coverage No requirement 50% 50% Landscape Open Space 20% 30% 35% ATTACHMENT G Coverage Usable Open Space 200 sq ft per unit for 5 or fewer units(1); 150 sq ft per unit for 6 units or more(1) CD-C CD-S CD-N Subject to regulations in Section: Maximum Height (ft) Standard 50' 50' 35' Within 150 ft. of an abutting residential zone 40'(4) 40'(4) 35'(4) Daylight Plane for lot lines abutting one or more residential zoning districts or a residential PC district Daylight plane height and slope identical to those of the most restrictive residential zone abutting the lot line Residential Density (net)(2) 40 30 30 Maximum Residential Floor Area Ratio (FAR) 1.0:1(3) 0.6:1(3) 0.5:1(3) Maximum Nonresidential Floor Area Ratio (FAR) 1.0:1(3) 0.4:1 0.4:1 Total Floor Area Ratio (FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.18.070 Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54 ATTACHMENT G (1) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space); (3) minimum private open space dimension 6'; and (4) minimum common open space dimension 12'. (2) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use. There shall be no deduction for that portion of the site area in nonresidential use. (3) FAR may be increased with transfers of development and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD-N subdistrict. (4) For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height may be increased to 50 feet. (1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.30(G), except that mixed use projects with four or fewer units shall only require review and approval by the architectural review board. (2) Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with residential uses. (c) Exclusively Residential Uses Exclusively residential uses are generally prohibited in the CD district and subdistricts. Such uses are allowed, however, where a site is designated as a Housing Opportunity Site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regulations for the multi-family zone designation (RM-15, RM-30, or RM-40) identified for the site in the Housing Element. (d) Hotel Regulations (1) The purpose of these regulations is to allow floor area for development of hotels in excess of floor area limitations for other commercial uses, in order to provide a visitor-serving use that results in an enhanced business climate, increased transient occupancy tax and sales tax revenue, and other community and economic benefits to the city. (2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the following limitations: (A) The hotel use must generate transient occupancy tax (TOT) as provided in Chapter 2.33 of the Palo Alto Municipal Code; and (B) No room stays in excess of thirty days are permitted, except where the city council approves longer stays through an enforceable agreement with the applicant to provide for compensating revenues. (3) Hotels may include residential condominium use, subject to: (A) No more than twenty-five percent of the floor area shall be devoted to condominium use; and (B) No more than twenty-five percent of the total number of lodging units shall be devoted to condominium use; and (C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and (D) Where residential condominium use is proposed, room stays for other hotel rooms shall not exceed thirty days. ATTACHMENT G (4) Violation of this chapter is subject to enforcement action for stays in excess of thirty days not permitted under the provisions of this chapter, in which case each day of room stay in excess of thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16. (e) Exempt Floor Area When a building is being expanded, square footage which, in the judgement of the chief building official, does not increase the usable floor area, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding handicapped access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. (f) Restrictions on Office Uses (1) New construction and alterations in the CD-C zoning district shall be required to design ground floor space to accommodate retail use and shall comply with the provisions of the Pedestrian (P) combining district. (2) In the CD-S and CD-N subdistricts, the following requirements shall apply to office uses: (A) No new gross square footage of a medical, professional, general business, or administrative office use shall be allowed, once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet. (B) No conversion of gross square footage from any other use to a medical, professional, general business, or administrative office use shall be allowed once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet. (g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use permit in accordance with Chapter 18.76. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use. TABLE 4 MAXIMUM SIZE OF ESTABLISHMENT Type of Establishment Maximum Size (ft 2 ) Personal Services 2,500 Retail services, except grocery stores 15,000 Grocery stores 20,000 Eating and drinking services 5,000 (h) Outdoor Sales and Storage. The following regulations shall apply to outdoor sales and storage in the CD district: (1) CD-C Subdistrict In the CD-C subdistrict, the following regulations apply: ATTACHMENT G (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) Outdoor eating areas operated incidental to permitted eating and drinking services, (iii) Farmers' markets which have obtained a conditional use permit, and (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. (C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use permit. (2) CD-S Subdistrict In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to permitted eating and drinking services shall be permitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. (B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height. (3) CD-N Subdistrict In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for: (A) Incidental sales and display of plant materials and garden supplies occupying not more than 500 square feet of exterior sales and display area, and (B) Farmers' markets that have obtained conditional use permits. (i) Employee Showers Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 5. TABLE 5 EMPLOYEE SHOWERS REQUIRED Uses Gross Floor Area of New Construction (ft 2 ) Showers Required Medical, Professional, and General Business Offices, Financial Services, Business and Trade Schools, General Business Services 0-9,999 No requirement 10,000- 19,999 1 20,000- 49,999 2 ATTACHMENT G 50,000 and up 4 Retail Services, Personal Services, and Eating and Drinking Services 0- 24,999 No requirement 25,000- 49,999 1 50,000- 99,999 2 100,000 and up 4 (j) Nuisances Prohibited All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illuminations. Prior to issuance of a building permit, or occupancy permit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. (k) Recycling Storage All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 16.48.070. (Ord. 5065 § 4, 2009: Ord. 5035 § 3, 2009: Ord. 4923 § 4 (part), 2006) 18.18.070 Floor Area Bonuses (a) Available Floor Area Bonuses (1) Minor Bonus for Buildings Not Eligible for Historic or Seismic Bonus A building that is neither in Historic Category 1 or 2 nor in Seismic Category I, II, or III shall be allowed to increase its floor area by 200 square feet without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus is not subject to transfer and must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090. (2) Seismic Rehabilitation Bonus A building that is in Seismic Category I, II, or III, and is undergoing seismic rehabilitation, but is not in Historic Category 1 or 2, shall be allowed to increase its floor area by 2,500 square feet or 25% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not ATTACHMENT G be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. (3) Historic Rehabilitation Bonus A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation, but is not in Seismic Category I, II, or III, shall be allowed to increase its floor area by 2,500 square feet or 25% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). (4) Combined Historic and Seismic Rehabilitation Bonus A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation, and is also in Seismic Category I, II, or III, and is undergoing seismic rehabilitation, shall be allowed to increase its floor area by 5,000 square feet or 50% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). (5) Historic Bonus for Over-Sized buildings A building in Historic Category 1 or 2 that is undergoing historic rehabilitation and that currently exceeds a FAR of 3.0:1 if located in the CD-C subdistrict or 2.0:1 if located in the CD- S or CD-N subdistricts shall nevertheless be allowed to obtain a floor area bonus of 50% of the maximum allowable floor area for the site of the building, based upon a FAR of 3.0:1 if in the CD-C subdistrict and a FAR of 2.0:1 in the CD-S and CD-N subdistricts, subject to the restrictions in subsection (b) and the following limitation: (A) The floor area bonus shall not be used on the site of the Historic Category 1 or 2 building, but instead may be transferred to another property or properties under the provisions of Section 18.18.080. (b) Restrictions on Floor Area Bonuses The floor area bonuses in subsection (a) shall be subject to the following restrictions: (1) All bonus square footage shall be counted as square footage for the purposes of the 350,000 square foot limit on development specified in Section 18.18.040. (2) All bonus square footage shall be counted as square footage for the purposes of the project size limit specified in Section 18.18.060 (a). (3) In no event shall a building expand beyond a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-S or CD-N subdistrict. (4) The bonus shall be allowed on a site only once. (5) For sites in Seismic Category I, II, or III, seismic rehabilitation shall conform to the analysis standards referenced in Chapter 16.42 of this code. (6) For sites in Historic Category 1 or 2, historic rehabilitation shall conform to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7). (7) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, no bonus shall be granted unless the project includes both seismic and historic rehabilitation conforming to the standards in subsections (5) and (6). (8) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, a bonus granted under this section that will be used on-site is subject to the following requirements: ATTACHMENT G (A) The city council must approve on-site use of such a FAR bonus. Such approval is discretionary, and may be granted only upon making both of the following findings: (i) The exterior modifications for the entire project comply with the U.S. Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7); and (ii) The on-site use of the FAR bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site. (B) The applicant for on-site use of a cumulative floor area bonus shall have the burden of demonstrating the facts necessary to support the findings required for council approval. (c) Transfer of Floor Area Bonuses The floor area bonuses described in subsection (a), except the floor area bonus in subsection (a)(1), may be transferred to a non-historic receiver site as described in Section 18.18.080. Such transfer shall not be subject to the discretionary council approval set forth in subsection (b)(8). (d) Procedure for Granting of Floor Area Bonuses The floor area bonuses described in subsection (a), except the bonus described in subsection (a)(1), shall be granted in accordance with the following requirements: (1) An application for such floor area bonus(es) must be filed with the director of planning and community environment in the form prescribed by the director, stating the amount of such bonus(es) applied for, the basis therefor under this section, and the extent to which such bonus(es) are proposed to be used on-site and/or for transfer. An application for floor area bonus for rehabilitation of a Category 1 or 2 historic building shall include a historic structure report, prepared by a qualified expert, retained by the city, at the applicant’s expense, in accordance with the standards and guidelines of the California State Office of Historic Preservation. It shall also include a plan for rehabilitation; if any part of the existing building is proposed to be removed or replaced, the historic rehabilitation project plans submitted for review shall clearly show and identify any and all material proposed for removal or replacement. (2) The city may retain an expert in historic rehabilitation or preservation, at the applicant’s expense, to provide the city with an independent evaluation of the project’s conformity with the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings.” (3) The historic resources board shall review the historic structure report, the historic rehabilitation project plans, and, if required, the expert independent evaluation of the project, and make a recommendation to the director of planning and community environment on the project’s conformity with the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings.” (4) Upon completion of such an application, written determination of the sender site’s eligibility for bonus(es) shall be issued by the director of planning and community environment or the director’s designee, based upon the following: (A) In the case of a floor area bonus for seismic rehabilitation, the chief building official has made a determination that the project complies with or exceeds the analysis standards referenced in Chapter 16.42 of this code; (B) In the case of the floor area bonus for historic rehabilitation of a building in Historic Category 1 or 2, the director, taking into consideration the recommendations of the historic resources board, has found that the project complies with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7); and ATTACHMENT G (C) In the case of a bonus for both seismic and historic rehabilitation that is proposed to be use on-site, the city council has made the findings set forth in subsection (b)(8) of this section. (e) Certification of FAR Bonuses The floor area bonuses described in subsection (a), except the bonus described in subsection (a)(1), may be used on the site of the proposed seismic and/or historic rehabilitation project and a building permit issued therefor only upon satisfaction of all the requirements in subsection (d) above. Upon determining that the project has been completed as approved, or in the case of city- owned buildings upon completion of all of the requirements of Chapter 18.28, the director or director’s designee shall issue a written certification which shall state the total floor area bonus utilized at the site (in the case of buildings in the CD-Commercial Downtown District), and the amount (if any) of remaining floor area bonus which is eligible for transfer to another site pursuant to the provisions of this chapter. The certification shall be recorded in the office of the county recorder and a copy shall be provided to the applicant. As a condition precedent to being credited with a historic rehabilitation floor area bonus whether for use on-site or for transfer, the owner of the site shall enter into an unsubordinated protective covenant running with the land in favor of the city (or, if the city is the owner, in favor of a qualified and disinterested third party if the property is to be rehabilitated after the sale of the transfer of development rights), in a form satisfactory to the city attorney, to assure that the property will be rehabilitated and maintained in accordance with the Secretary of Interior’s Standards for Rehabilitation of Historic Buildings, together with the accompanying interpretive Guidelines for Rehabilitation of Historic Buildings, as they may be amended from time to time. For city owned buildings subject to a long term lease of ten or more years where the rehabilitation work is to be performed by the lessee, this protective covenant shall be in favor of the city. (Ord. 5214 § 2, 2013: Ord. 5038 § 1, 2009: Ord. 4964 § 15, 2007: Ord. 4923 § 4 (part), 2006) 18.18.080 Transfer of Development Rights (a) Purpose The purpose of this section is to implement the Comprehensive Plan by encouraging seismic rehabilitation of buildings in Seismic Categories I, II, and III, and encouraging historic rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing standards and procedures for the transfer of specified development rights from such sites to other eligible sites. Except as provided in subsection (e)(1) and for city-owned properties as provided in Chapter 18.28, this section is applicable only to properties located in the CD district, and is the exclusive procedure for transfer of development rights for properties so zoned. (b) Establishment of Forms The city may from time to time establish application forms, submittal requirements, fees and such other requirements and guidelines as will aid in the efficient implementation of this chapter. (c) Eligibility for Transfer of Development Rights Transferable development rights may be transferred to an eligible receiver site upon: (1) Certification by the city pursuant to Section 18.18.070 of the floor area from the sender site which is eligible for transfer; and (2) Compliance with the transfer procedures set forth in subsection (h). (d) Availability of Receiver Sites The city does not guarantee that at all times in the future there will be sufficient eligible receiver sites to receive such transferable development rights. ATTACHMENT G (e) Eligible Receiver Sites A site is eligible to be a receiver site only if it meets all of the following criteria: (1) It is located in the CD commercial downtown district, or is located in a planned community (PC) district if the property was formerly located in the CD commercial downtown district and the ordinance rezoning the property to planned community (PC) approves the use of transferable development rights on the site. (2) It is neither an historic site, nor a site containing a historic structure, as those terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and (3) The site is either: (A) Located at least 150 feet from any property zoned for residential use, not including property in planned community zones or in commercial zones within the downtown boundaries where mixed use projects are. (B) Separated from residentially zoned property by a city street with a width of at least 50 feet, and separated from residentially zoned property by an intervening property zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet. (f) Limitations On Usage of Transferable Development Rights No otherwise eligible receiver site shall be allowed to utilize transferable development rights under this chapter to the extent such transfer would: (1) Be outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (2) Be within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (3) Cause the development limitation or project size limitation set forth in Section 18.18.040 to be exceeded. (4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts. (g) Parking Requirements Any square footage allowed to be transferred to a receiver site pursuant to this chapter shall be subject to the parking regulations applicable to the district in which the receiver site is located. (h) Transfer Procedure Transferable development rights may be transferred from a sender site (or sites) to a receiver site only in accordance with all of the following requirements: (1) An application pursuant to Chapter 16.48 of this code for major ARB review of the project proposed for the receiver site must be filed. The application shall include: (A) A statement that the applicant intends to use transferable development rights for the project; (B) Identification of the sender site(s) and the amount of TDRs proposed to be transferred; and (C) Evidence that the applicant owns the transferable development rights or a signed statement from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use. ATTACHMENT G (2) The application shall not be deemed complete unless and until the city determines that the TDRs proposed to be used for the project are available for that purpose. (3) In reviewing a project proposed for a receiver site pursuant to this section, the architectural review board shall review the project in accordance with Section 16.48.120 of this code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in order to satisfy the criteria for approval under Chapter 16.48 or any specific requirement of the municipal code. (4) Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the director of planning and community environment or the director’s designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the office of the county recorder prior to the issuance of building permits and shall include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are other than the applicant. (i) Purchase or Conveyance of TDRs - Documentation (1) Transferable development rights may be sold or otherwise conveyed by their owner(s) to another party. However, no such sale or conveyance shall be effective unless evidenced by a recorded document, signed by the transferor and transferee and in a form designed to run with the land and satisfactory to the city attorney. The document shall clearly identify the sender site and the amount of floor area transferred and shall also be filed with the department of planning and community environment. (2) Where transfer of TDRs is made directly to a receiver site, the recorded confirmation of transfer described in subsection (h)(4) shall satisfy the requirements of this section. (Ord. 5214 § 3, 2013: Ord. 4923 § 4 (part), 2006) 2015 PRESERVATION DESIGN AWARDS 5 Third Street, Suite 424 San Francisco, CA 94103 T 415.495.0349 F 415.495.0265 www.californiapreservation.org Kronish House, © Photography by Roger Davies Sea Scouts Building, © Cody Anderson Wasney Architects, Inc.Fort Mason Pier 2, © Bruce Damonte Los Angeles County Hall of Justice, © AC Martin Annual Sponsors KEYSTONESPF:a Studio Pali Fekete architects CORNERSTONESpectra Company CORNICEArchitectural Resources Group Cody Anderson Wasney Architecture, Inc.EverGreene Architectural Arts GPA Consulting Historic Resources Group Holmes Culley/Holmes Fire IS Architecture Kelly Sutherlin McLeod Architecture, Inc.Kitson Contracting Page and Turnbull Simpson Gumpertz & Heger, Inc.Wiss, Janney, Elstner Associates, Inc. 2015 awards invite.qxp_horizontal 8/13/15 4:49 PM Page 1ATTACHMENT H The Board of Trustees of the California Preservation Foundation cordially invite you to attend the presentation of the 32nd Annual Preservation Design Awards Friday, October 2, 2015 The Merchants Exchange Building, Julia Morgan Ballroom 465 California Street, San Francisco, CA 94104 6:00–7:00 pm Cocktail Reception, Silent Auction 7:00–7:45 pm Dinner 7:45–8:45 pm Presentation of the 32nd Annual Preservation Design Awards Tickets must be purchased in advance. Please respond with the enclosed reply card or purchase your ticket online at www.californiapreservation.org by Friday, September 25, 2015. All proceeds from this event support the California Preservation Foundation’s statewide education and advocacy programs. RECIPIENTS OF THE 32ND ANNUAL PRESERVATION DESIGN AWARDS Anna Head Alumnae Hall, BerkeleyChurch of the Good Shepherd, BerkeleyDraft Horse Barn at Rancho Omochumnes, SloughhouseEichler Homes Offices Landscape Rehabilitation, Palo AltoFort Mason Pier 2 Rehabilitation, San FranciscoKronish House, Beverly HillsLampwork Lofts, OaklandLos Angeles County Hall of Justice, Los AngelesMarconi Hotel, Point Reyes StationOlan G. and Aida T. Hafley House, Long BeachOld Solano Courthouse, FairfieldRinconada Library, Palo AltoRobert Pitcairn Jr. House and Reverend A. Moss Merwin House, PasadenaRosslyn Hotel Apartments, Los AngelesThe Bourn Mansion, San FranciscoThe Sea Scout Building, Palo Alto 2015 awards invite.qxp_horizontal 8/13/15 4:49 PM Page 2ATTACHMENT H The Board of Trustees of the California Preservation Foundation cordially invite you to attend the presentation of the 32nd Annual Preservation Design Awards Friday, October 2, 2015 The Merchants Exchange Building, Julia Morgan Ballroom 465 California Street, San Francisco, CA 94104 6:00–7:00 pm Cocktail Reception, Silent Auction 7:00–7:45 pm Dinner 7:45–8:45 pm Presentation of the 32nd Annual Preservation Design Awards Tickets must be purchased in advance. Please respond with the enclosed reply card or purchase your ticket online at www.californiapreservation.org by Friday, September 25, 2015. All proceeds from this event support the California Preservation Foundation’s statewide education and advocacy programs. RECIPIENTS OF THE 32ND ANNUAL PRESERVATION DESIGN AWARDSAnna Head Alumnae Hall, BerkeleyChurch of the Good Shepherd, BerkeleyDraft Horse Barn at Rancho Omochumnes, SloughhouseEichler Homes Offices Landscape Rehabilitation, Palo AltoFort Mason Pier 2 Rehabilitation, San FranciscoKronish House, Beverly HillsLampwork Lofts, OaklandLos Angeles County Hall of Justice, Los AngelesMarconi Hotel, Point Reyes StationOlan G. and Aida T. Hafley House, Long BeachOld Solano Courthouse, FairfieldRinconada Library, Palo AltoRobert Pitcairn Jr. House and Reverend A. Moss Merwin House, PasadenaRosslyn Hotel Apartments, Los AngelesThe Bourn Mansion, San FranciscoThe Sea Scout Building, Palo Alto2015 awards invite.qxp_horizontal 8/13/15 4:49 PM Page 2ATTACHMENT H 2015 PRESERVATION DESIGN AWARDS 5 Third Street, Suite 424 San Francisco, CA 94103 T 415.495.0349 F 415.495.0265 www.californiapreservation.org Kronish House, © Photography by Roger Davies Sea Scouts Building, © Cody Anderson Wasney Architects, Inc. Fort Mason Pier 2, © Bruce Damonte Los Angeles County Hall of Justice, © AC Martin Annual Sponsors KEYSTONE SPF:a Studio Pali Fekete architects CORNERSTONE Spectra Company CORNICE Architectural Resources Group Cody Anderson Wasney Architecture, Inc. EverGreene Architectural Arts GPA Consulting Historic Resources Group Holmes Culley/Holmes Fire IS Architecture Kelly Sutherlin McLeod Architecture, Inc. Kitson Contracting Page and Turnbull Simpson Gumpertz & Heger, Inc. Wiss, Janney, Elstner Associates, Inc. 2015 awards invite.qxp_horizontal 8/13/15 4:49 PM Page 1 ATTACHMENT H City of Palo Alto (ID # 6452) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2016 City of Palo Alto Page 1 Summary Title: Updates to the Water Efficient Landscape Ordinance Title: Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15 From: City Manager Lead Department: Development Services Department Recommended Motion Staff recommends that Council consider the following motion: Adopt as an emergency ordinance the Palo Alto Water Efficient Landscape Ordinance (Attachment A), based on the Bay Area Water Supply and Conservation Agency (BAWSCA) regional ordinance and reflecting recommendations developed by the Green Building Advisory Group. Recommendation Staff recommends that Council conduct a public hearing and then adopt the attached emergency ordinance (Attachment A) containing updates to the Palo Alto Water Efficient Landscape Ordinance. Executive Summary The proposed ordinance would continue the City’s leadership position in promoting water efficient landscape design. All cities are required to either adopt the State Department of Water Resources (DWR) Model Water Efficient Landscape Ordinance (MWELO) or adopt a local or regional ordinance that is at least as effective as the DWR model ordinance in terms of saving water. Palo Alto has elected to adopt an ordinance based on a regional template ordinance City of Palo Alto Page 2 developed by the Bay Area Water Supply and Conservation Agency (BAWSCA) due to the opportunity for consistent regional enforcement, augmented water efficiency opportunities, and simplified compliance option. The ordinance differs slightly from the BAWSCA template because it incorporates recommendations from the Green Building Advisory Group (GBAG). The ordinance would require all landscape projects in Palo Alto to comply with increased water efficiency requirements. Staff is also proposing a permit process to enable landscape projects to be permitted separately from the building permit. Given the serious an ongoing nature of the drought and the mandate to adopt an updated Water Efficient Landscape Ordinance by February 1, 2016, staff is recommending that the new regulations be adopted as an emergency ordinance pursuant to Palo Alto Municipal Code 2.04.270(d). Background Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources (DWR) to update the 2010 State Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation in order to address the current four year drought and build resiliency for future droughts. The California Water Commission approved the revised MWELO Ordinance on July 15, 2015. The executive order requires all land-use agencies, such as cities and counties, to adopt a water-efficient landscape ordinance that, at minimum, meets the requirements of the MWELO prepared by DWR. By default, the DWR’s model ordinance becomes effective in those cities and counties that fail to adopt their own. Cities acting on their own are required to adopt their local version of the updated Water Efficient Landscape Ordinance by December 1, 2015. However, agencies adopting a regional ordinance have a deadline of February 1, 2016. Staff is recommending the adoption of a regional ordinance with some modifications. The City of Palo Alto Development Services department participated in a working group organized by the Bay Area Water Supply and Conservation Agency (BAWSCA) to draft a template regional model ordinance based on the MWELO. Staff participated in this working group with the intent to adopt the regional ordinance. The Palo Alto Green Building Advisory (GBAG) has recommended additional measures that are reflected in the proposed ordinance. These additional measures will allow the Palo Alto ordinance to be more effective than City of Palo Alto Page 3 the DWR ordinance in terms of saving water. Staff recommends that City Council approve and adopt the version of the regional ordinance incorporating the GBAG recommendations. Changes from the BAWSCA template are noted by underline or strike-through in Attachment A. Discussion The major changes in the 2015 Department of Water Resources State Model Water Efficient Landscape Ordinance (MWELO) compared to the 2010 update are described below, along with the BAWSCA amendments and the Green Building Advisory recommendations. The proposed Palo Alto Water Efficient Landscape Ordinance, which includes the base MWELO, BAWSCA modifications, and recommendations from the Green Building Advisory Group shall be referred to as the “proposed landscape ordinance”. The 2015 Model Water Efficient Landscape Ordinance reduces the size threshold subject to the WELO ordinance from 2,500 square feet of landscaping to 500 square feet of landscaping for both new commercial and residential property. For rehabilitated landscapes, a 2,500 square foot size would trigger the requirement. BAWSCA lowered the project threshold for rehabilitated landscapes to 1,000 square feet. However, the Palo Alto Green Building Advisory Group recommended that these requirements for both new and rehabilitated landscapes apply to any landscape, regardless of size. Therefore, staff has included the trigger of any landscape size in the proposed landscape ordinance. The proposed landscape ordinance provides for a simplified “planting restrictions” compliance option or a more detailed “water budget calculation compliance” option. The “planting restrictions” option restricts projects from using turf or high-water using plants. In addition, at least 80% of the plants selected must be native plants, low-water using plants, or no-water using plants. The “water budget calculation compliance” option requires projects to submit a detailed calculation worksheet demonstrating that the project has designed to a particular water usage rate on an annual basis. This type of calculation is typically prepared by a landscape architect. Within the proposed landscape ordinance, the maximum applied water allowance (MAWA) has been lowered from 70% of the reference evapotranspiration (ETo) to City of Palo Alto Page 4 55% for residential landscape projects, and to 45% of ETo for non-residential projects. This water allowance reduces the landscape area that can be planted with high water use plants such as cool season turf. The proposed landscape ordinance allows the irrigation efficiency to be entered for each area of the landscape when pursuing the “water budget calculation” option. The site-wide irrigation efficiency of the previous ordinance (2010) was 0.71; for the purposes of estimating total water use, the revised MWELO defines the irrigation efficiency (IE) of drip irrigation as 0.81 and overhead irrigation and other technologies must meet a minimum IE of 0.75. The proposed landscape ordinance introduces the option to irrigate with greywater. This option reduces demands on potable water supplies, and decreases the total volume of potable water usage that is factored into the overall site water budget. The proposed landscape ordinance also includes expanded definitions section with new terms and concepts. Starting in February of 2016, the State will require cities to submit annual reports on compliance and enforcement of the WELO to DWR. DWR will require staff to submit project information and water use information for landscape projects permitted within the City of Palo Alto. Permit Process As part of the proposed landscape ordinance, staff is recommending a separate permit process to track and manage these new requirements. The landscape permit would be triggered when a building permit is issued and landscaping is included in the scope of the project. In addition, the permit process will enable staff to efficiently track the Department of Water Resources (DWR) annual reporting requirements as described earlier in this staff report. One function of the landscape permit is to provide for a quality customer service experience for project applicants. Since landscaping is typically not completed at the time of building permit final inspection, the landscape permit would enable a building permit holder to receive a final building inspection prior to the landscaping being completed. The separate permit process would require the permit holder to call for a final landscape inspection when the landscaping scope has been completed. The submittal and documentation requirements for compliance during plan check and inspection are outlined the proposed ordinance and associated City of Palo Alto Page 5 attachments. During plan check, landscape project applicants will be required to submit a project information sheet along with a set of plans that reflect the landscape design and the irrigation design. The project applicant will also be required to fill out either a water efficiency checklist or provide water budget calculations on the plans. In addition, the applicant will be required to provide either a grading design plan or complete a grading design survey. The project will be required to submit a Certificate of Completion as a declaration that all water efficient requirements have been incorporated into the permit plans. During the inspection phase, a City inspector will be required to field-verify that the water efficient irrigation system has been installed as shows on the permit plans. The inspector will also confirm that irrigation controllers are installed. If required, the inspector will also check to ensure that a dedicated irrigation water meter has been successfully installed on the project site. The project will be required to submit a Certificate of Installation from the installing contractor confirming that all water efficient requirements were fulfilled as shown on the project plans. Development Services staff uses the Accela Automation software to track permits, plan checks, and inspections. To manage the landscape permit, staff will develop a new Accela component for the landscape permit. The Accela features that will be used for the permit include creation of a new “landscape permit type” allowing staff to identify and separate the landscape permits from other permits. Staff will also develop a “workflow” in Accela to manage and track plan check and inspection for a positive customer service experience. Staff has estimated the number of anticipated landscape permits based on 50% of average annual amount of new construction and remodel projects submitted to Development Services over the three fiscal years. The estimated number of potential landscape permits has been generated based on average annual building permits issued during Fiscal Years 2013-2015. The average number of building permits issued annually for new residential and new commercial projects equals 150 permits. Staff assumes that 100% of building permits associated with new construction submitted to Development Services contain a landscaping scope of some kind. Therefore, staff estimates a total of 150 permits to be issued on an annual basis. The details containing of the estimated permits can be found in Attachment B.A separate ordinance is being City of Palo Alto Page 6 developed by staff to propose the landscape permit fees. Timeline Given the serious an ongoing nature of the drought and the mandate to adopt an updated Water Efficient Landscape Ordinance by February 1, 2016, staff is recommending that the new regulations be adopted as an emergency ordinance pursuant to Palo Alto Municipal Code 2.04.270(d). Resource Impact The resource impact associated with this ordinance will include a plan check consultant to address the plan checking of these permit applications. The plan check consultant will develop the required annual reporting to the State. Since inspections will be required for each permit application, there will be a need for a staffing increase to accommodate the additional inspections. Sufficient funding is available within the Development Services department’s Fiscal Year 2016 budget, through the use of salary savings and unencumbered contract dollars, to fund additional contract expenses this fiscal year. Any future funding needs will be brought forth as part of the annual budget process subject to council approval. In addition, staff will bring forward recommendations to implement Landscape Review fees to achieve cost neutrality as part of the Fiscal Year 2017 annual budget process. Environmental Review This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water-efficient landscapes. Attachments:  Attachment5.a: Attachment A - 2015-12-21 (Dev Services)(ORD) Draft Palo Alto- BAWSCA Ordinance FINAL (PDF)  Attachment5.b: Attachment B - Landscape Permit Estimate (PDF) *NOT YET APPROVED* Attachment A 151221 jjs 016-DevServices 1 Ordinance No. ____________ Ordinance of the City Council of the City of Palo Alto Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor’s Executive Order B-29-15 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of Palo Alto. B. The ongoing drought continues to affect water supplies, agriculture, businesses, and communities throughout Palo Alto and the State of California. C. These conditions have led the Governor to declare a state of emergency, most recently in Executive Order B-36-15, the findings of which are hereby adopted and incorporated by reference. D. These conditions have led the California Department of Housing and Community Development and the California Building Standards Commission to adopt Findings of Emergency HCD-EF-01-15 and BSC-EF-02-15, respectively, which are hereby adopted and incorporated by reference. E. The California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance (“Model Ordinance”), has been implemented by a Statewide Landscape Task Force which was overseen by the California Urban Water Conservation Council. The California Water Conservation in Landscaping Act was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). F. AB 1881 required cities and counties, no later than January 1, 2010, to adopt the updated Model Ordinance or an equivalent document which is “at least as effective as” the Model Ordinance in conserving water. G. On December 13, 2010, the City Council adopted local amendments to the California Green Building Standards Code that were at least as effective as the Model Ordinance in conserving water (Ordinance No. 5108). H. On April 1, 2015, Governor Brown issued Executive Order B-29-15, which directed State agencies to implement immediate measures to save water, increase 151221 jjs 016-DevServices 2 enforcement against water waste, and streamline government response to ongoing drought conditions. I. Executive Order B-29-15 directed the Department of Water Resources (“DWR”) to update the State Model Ordinance through expedited regulation to increase water efficiency standards for new and existing landscapes through more efficient standards, greywater usage, onsite storm water capture, and limitations of the portions of landscape that can be covered in turf. J. The California Water Commission approved the proposed revisions to the State Model Ordinance on July 15, 2015. K. Local agencies are required to adopt the revised State Model Ordinance or adopt a local or regional ordinance at least as effective in conserving water. L. The City of Palo Alto has developed this Water Efficient Landscaping Ordinance in conjunction with the Bay Area Water Supply and Conservation Agency and other local agencies to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within Palo Alto’s jurisdiction in order to ensure that this Ordinance will be “at least as effective as” the Model Ordinance in conserving water. M. Although this Water Efficient Landscaping Ordinance is more streamlined and simplified than the Model Ordinance, this Ordinance is “at least as effective as” the Model Ordinance for the following reasons: 1. This Ordinance applies to more accounts than the Model Ordinance does because it lowers the size threshold for applicable rehabilitated landscapes from 2,500 square feet to 1,000 square feetlandscapes of all sizes, to better reflect the typical landscaped areas located within Palo Alto’s boundaries. 2. This Ordinance includes a default turf restriction of no turf or high water use plants in the irrigated area and requires that at least 80% of the plants in non-turf landscape areas be native plants, low-water using plants, or no-water using plants (unless the applicant elects to perform a water budget). The Model Ordinance does not contain any such default turf restrictions or specified plant requirements. 3. This Ordinance requires covers on newly constructed pools and spas. 4. By using the same water budget parameters as the Model Ordinance (e.g., plant factors, irrigation efficiency), this Ordinance will be 151221 jjs 016-DevServices 3 as effective as the Model Ordinance in developing landscape water budgets. 5. By using the same landscape parameters as the Model Ordinance for, among other things, slope restrictions and width restrictions for turf, irrigation times, and minimum mulch requirements, this Ordinance will be at least as effective as the Model Ordinance in achieving water savings. N. Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. O. This Ordinance is consistent with the provisions requiring reductions in outdoor water use for landscaping in the California Green Building Standards Code, as amended by the City Council. Such requirements include the development of a water budget for landscape irrigation in accordance with methodology outlined in either the Model Ordinance or pursuant to a locally adopted ordinance. P. The State Legislature has identified the provision of a more reliable water supply and the protection, restoration and enhancement of the Delta ecosystem as a high priority for the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water use by 20% by the year 2020. Accordingly, the City Council finds that implementation of this Ordinance is consistent with the policies and goals established by the State Legislature in enacting SB 7 (7th Extraordinary Session). Q. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws. R. The adoption of this Ordinance is separate and distinct from Palo Alto’s adoption of a local ordinance relating to the use of recycled water in outdoor landscapes (Ordinance No. 5002). S. The adoption and enforcement of this Ordinance is necessary to manage Palo Alto’s potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within Palo Alto. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. 151221 jjs 016-DevServices 4 SECTION 2. Section 12.32.040 (Indoor and outdoor water efficiency) of Chapter 12.32 (Water Use Regulations) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code is hereby amended to read as follows: Pursuant to the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance, Government Code §§ 65591, et seq. as amended, a city is required to adopt the State Landscape Model Ordinance or equivalent local landscape water efficiency requirements that are "at least as effective" as the state ordinance in conserving water. The council has adopted requirements that are at least as effective in reducing landscaping water use, also known as outdoor water use, as well as additional requirements for existing landscapes and indoor water use in Chapter 16.14 (California Green Building Code)Chapter 16.13 (Water Efficient Landscaping). SECTION 3. Chapter 16.13 (Water Efficient Landscaping) is hereby added to Title 16 (Building Regulations) of the Palo Alto Municipal Code to read as follows: WATER EFFICIENT LANDSCAPING Sections: 16.13.010 Applicability 16.13.020 Definitions 16.13.030 Water Efficient Landscaping Requirements 16.13.040 Compliance with Ordinance 16.13.050 Landscape Project Application and Documentation Package 16.13.060 Soil Management Report 16.13.070 Water Budget Calculations 16.13.080 Landscape Design Plan 16.13.090 Irrigation Design Plan 16.13.100 Grading Design Plan 16.13.110 Certificate of Completion 16.13.120 Landscape Audit Report 16.13.130 Irrigation Scheduling 16.13.140 Landscape and Irrigation Maintenance Schedule 16.13.150 Stormwater Management and Rainwater Retention 16.13.160 Recycled Water 16.13.170 Graywater Systems 16.13.180 Provisions for Existing Landscapes 16.13.190 Provisions for Existing Landscapes Over One Acre in Size 16.13.200 Violation and Penalties 16.13.210 Enforcement – Citation Authority 16.13.220 Public Education 151221 jjs 016-DevServices 5 16.13.010 Applicability (a) The provisions of this Chapter shall apply to all of the following landscape projects: (1) New construction projects with an aggregatea landscape area of any sizeequal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; (2) Rehabilitated landscape projects with an aggregatea landscape area of any sizeequal to or greater than 1,000 square feet requiring a building or landscape permit, plan check, or design review; (3) Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in Section 16.13.190 ”Provisions for Existing Landscapes Over One Acre in Size”. (4) Cemeteries. New and rehabilitated cemeteries shall only be subject to the provisions of Section 16.13.070 “Water Budget Calculations”, Section 16.13.120 “Landscape Audit Report”, and Section 16.13.140 “Landscape and Irrigation Maintenance Schedule.” Existing cemeteries are limited to Section 16.13.190 ”Provisions for Existing Landscapes Over One Acre in Size”. (b) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D. (c) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D section (b)(5). (d) This Chapter does not apply to: New construction with irrigated landscape areas less than 500 square feet, rehabilitated landscapes with irrigated landscape areas less than 1,000 square feet, or landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service; (1) Landscapes, or portions of landscapes, that are only irrigated for an establishment period; 151221 jjs 016-DevServices 6 (2) Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; (3) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or (4) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. 16.13.020 Definitions (a) “applied water” means the portion of water supplied by the irrigation system to the landscape. (b) “automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (c) “backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) “Certificate of Completion” means the document required under Section 492.9 of Title 23 of the California Code of Regulations. (e) “certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. (f) “certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. (g) “check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. 151221 jjs 016-DevServices 7 (h) “common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) “compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth. (j) “conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year. (k) “distribution uniformity” means the measure of the uniformity of irrigation water over a defined area. (l) “drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) “ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (n) “effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth. (o) “emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil. (p) “established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (q) “establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. (r) “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in Section VIII. (s) “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. 151221 jjs 016-DevServices 8 (t) “evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (u) “flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (v) “flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (w) “friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. (x) “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (y) “graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, as provided in Health and Safety Code Section 17922.12. (z) “hardscapes” means any durable material (pervious and non-pervious). (aa) “hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. (bb) “infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). (cc) “invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (dd) “irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is 151221 jjs 016-DevServices 9 not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program. (ee) “irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. (ff) “irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (gg) “irrigation water use analysis” means an analysis of water use data based on meter readings and billing data. (hh) “landscape architect” means a person who holds a license to practice landscape architecture in the state of California under Business and Professions Code, Section 5615. (ii) “landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). (jj) “landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (kk) “Landscape Documentation Package” means the documents required under Section IV. (ll) “landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under Section II. (mm) “landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. (nn) “lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 151221 jjs 016-DevServices 10 (oo) “local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. (pp) “local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service. (qq) “low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (rr) “low water use plant” means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. (ss) “main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet. (tt) “master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. (uu) “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section IX. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] (vv) “median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. (ww) “microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (xx) “”microspray” means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons 151221 jjs 016-DevServices 11 per hour at the largest area of coverage available for the nozzle series when operated at 30 psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets. (yy) “mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (zz) “mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (aaa) “native plant” means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project’s vicinity. (bbb) “new construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (ccc) “non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development. (ddd) "no-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. (eee) “operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (fff) “overhead sprinkler irrigation systems” or “overhead spray irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors). (ggg) “overspray” means the irrigation water which is delivered beyond the target area. (hhh) “parkway” means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. (iii) “permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. 151221 jjs 016-DevServices 12 (jjj) “pervious” means any surface or material that allows the passage of water through the material and into the underlying soil. (kkk) “plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). (lll) “project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section IV, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (mmm) “rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains. (nnn) “record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (ooo) “recreational area” means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens. (ppp) “recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption. (qqq) “reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. (rrr) “Regional Water Efficient Landscape Ordinance” means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to. 151221 jjs 016-DevServices 13 (sss) “rehabilitated landscape” means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1 of Title 23 of the California Code of Regulations, and the modified landscape area is equal to or greater than 2,500 square feet. (ttt) “residential landscape” means landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners. (uuu) “run off” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (vvv) “soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (www) “soil texture” means the classification of soil based on its percentage of sand, silt, and clay. (xxx) “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (yyy) “sprinkler head” or “spray head” means a device which delivers water through a nozzle. (zzz) “static water pressure” means the pipeline or municipal water supply pressure when water is not flowing. (aaaa) “station” means an area served by one valve or by a set of valves that operate simultaneously. (bbbb) “swimming pool” means any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools. (cccc) “swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (dddd) “submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. (eeee) “turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky 151221 jjs 016-DevServices 14 bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. (ffff) “valve” means a device used to control the flow of water in the irrigation system. (gggg) “water conserving plant species” means a plant species identified as having a very low or low plant factor. (hhhh) “water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (iiii) “watering window” means the time of day irrigation is allowed. (jjjj) “WUCOLS” means the current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources, available at: http://ucanr.edu/sites/WUCOLS/Download_WUCOLS_IV_List/ 16.13.030 Water Conservation in Landscaping Ordinance Requirements (a) Landscape Permit Required. Any owner or authorized agent who intends to install or modify a landscape subject to the requirements of this Chapter, or to cause such work to be done, shall first make application to the Development Services department and obtain a landscape permit. Landscape permits shall be governed by Section 105 of the California Building Code and local amendments. (b) New Construction and Rehabilitated Landscapes. All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete the Landscape Project Application and Documentation Package described in Section 16.13.050 and (2) comply with the Landscape and Irrigation Maintenance Schedule requirements of Section 16.13.140. (c) Existing Landscapes Over One Acre in Size. All owners of existing landscapes over one acre in size, even if installed before enactment of this Chapter, shall: (1) comply with City of Palo Alto programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff. 151221 jjs 016-DevServices 15 16.13.040 Compliance with Ordinance. (a) The local agency Chief Building Official or designee shall: (1) Provide the project applicant with the Ordinance and Landscape Project Application and Documentation Package requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service; (2) Review the Landscape Project Application submitted by the project applicant; (3) Approve or deny the project applicant’s Landscape Project Application submittal; (4) Issue or approve a permit, plan check or design review that complies with the approved Landscape Project Application or approve a new or expanded water service application that complies with the approved Landscape Project Application; (5) Submit a copy of the complete Landscape Project Application to the local water purveyor or land use authority, as the case may be. (b) The project applicant shall: (1) Prior to construction, submit all portions of the Landscape Project Application, except the Landscape Audit Report, to the local agency; and (2) Upon approval of the Landscape Project Application by the local agencyCity: (A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (C) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyorDevelopment Services department. 16.13.50 Landscape Project Application and Documentation Package (a) The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this Chapter. In completing the Landscape Project Application, project applicants may choose one of two options to demonstrate that the 151221 jjs 016-DevServices 16 landscape meets the Chapter’s water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the Chapter. The options include: (1) Planting restrictions: (A) The landscape areas may include no turf or high-water using plants; and (B) At least 80% of the plants in landscape areas shall be native plants, low-water using plants, or no-water using plants; or the (2) Water Budget Calculation option (Section 16.13.070). (b) The Landscape Project Application shall include the following elements: (1) Project Information; (A) Date (B) Project Applicant (C) Project address (if available, parcel and/or lot numbers) (D) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed) (E) Total landscape area (Square feet) (F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) Checklist of all documents in Landscape Documentation Package (H) Project contacts to include contact information for the project applicant and property owner (I) Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package;” (2) Water Budget Calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section 16.13.070); 151221 jjs 016-DevServices 17 (3) Soil Management Report or Soil Management Survey (Section 16.13.060); (4) Landscape Design Plans (Section 16.13.080); (5) Irrigation System Design Plans (Section 16.13.090); and (6) Landscape Audit Report (Section 16.13.120); (7) Grading Design Plan or Grading Design Survey (Section 16.13.100). 16.13.060 Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, or the applicant shall complete a Soil Management Survey (Appendix E). The soil management report shall be completed as follows: (a) Submit soil samples to a laboratory for analysis and recommendations. (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (2) The soil analysis shall include: (A) soil texture; (B) infiltration rate determined by laboratory test or soil texture infiltration rate table; (C) pH; (D) total soluble salts; (E) sodium (F) percent organic matter; and (G) recommendations (3) In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots. 151221 jjs 016-DevServices 18 (4) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agencyDevelopment Services department as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agencyDevelopment Services department as part of the Certificate of Completion. (5) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (6) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. 16.13.070 Water Budget Calculations Project applicant may elect to complete a water budget calculation for the landscape project using the Water Efficient Landscape Worksheet in Appendix B. Water budget calculations, if prepared, shall adhere to the following requirements. (a) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (b) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (c) All Special Landscape Areas (SLA) shall be identified and their water use included in the water budget calculations. (d) The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas and 0.45 for non-residential areas. (e) ETo values from the Reference Evapotranspiration Table in Appendix A shall be used In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference 151221 jjs 016-DevServices 19 Evapotranspiration Zones Map, Department of Water Resources, 1999.For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (f) MAWA shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas MAWA = (ETo) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) 0.55 = Reference Evapotranspiration Adjustment Factor (ETAF) for residential areas 0.45 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas LA = Landscape Area including SLA (square feet) 0.45 = Additional Water Allowance for SLA in residential areas 0.55 = Additional Water Allowance for SLA in non-residential areas SLA = Special Landscape Area (square feet) (g) The local agency Chief Building Official or designee or the project applicant may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: (1) MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas. (2) MAWA = (ETo - EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas. (h) Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA. Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491)   +=SLAIE HAxPFEToETWU)62.0)(( 151221 jjs 016-DevServices 20 HA = Hydrozone Area [high, medium, and low water use areas] (square feet) 0.75 = Irrigation Efficiency (IE) for overhead spray devices 0.81 = Irrigation Efficiency (IE) for drip system devices SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor 16.13.080 Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Plant Material. (1) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: (A) Protection and preservation of native species and natural vegetation (B) selection of water-conserving plant, tree and turf species, especially local native plants; (C) selection of plants based on local climate suitability, disease and pest resistance; (D) selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (E) selection of plants from local and regional landscape program plant lists. (F) selection of plants from local Fuel Modification Plan Guidelines. (2) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section X (A)(ii)(4)16.13.090(d)(4). (3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the 151221 jjs 016-DevServices 21 project site. Methods to achieve water efficiency shall include one or more of the following: (A) use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (B) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; (C) consider the solar orientation for plant placement to maximize summer share and winter solar gain. (4) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (5) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (6) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. (7) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (8) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (b) Water Features. (1) Recirculating water systems shall be used for water features. (2) Where available, recycled water shall be used as a source for decorative water features. 151221 jjs 016-DevServices 22 (3) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (4) Pool and spa covers are required on any newly constructed pool or spa. (c) Soil Preparation, Mulch and Amendments. (1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (2) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section VII). (3) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (4) A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (5) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (6) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. (7) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (d) Landscape Design Plan contents. The landscape design plan, at a minimum, shall: (1) delineate and label each hydrozone by number, letter, or other method; 151221 jjs 016-DevServices 23 (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non-pervious); (10) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control BoardDevelopment Services department for information on any applicable stormwater technical requirements, including but not limited to the requirements of Chapter 16.11. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section XVI16.13.150. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section XVI 16.13.150 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system components and area(s) of distribution; (13) contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and (14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.). 151221 jjs 016-DevServices 24 16.13.90 Irrigation Design Plan This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Irrigation System. (1) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A For the purposes of this requirement, a landscape water meter may be either: (A) a customer service meter dedicated to landscape use provided by the local water purveyorUtilities department; or (B) a privately owned meter or submeter. (2) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (3) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance. (A) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (B) Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not 151221 jjs 016-DevServices 25 available at the design stage, the measurements shall be conducted at installation. (4) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (5) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. (6) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (7) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger. (8) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (9) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. (10) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (11) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (12) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section VIII 16.13.070 regarding the Maximum Applied Water Allowance. (13) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s 151221 jjs 016-DevServices 26 (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (14) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (15) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (16) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. (17) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. (18) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (19) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur. (20) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (21) Overhead irrigation shall not be permitted within 24 inches of any non- permeable surface. Allowable irrigation within the setback from non- permeable surfaces may include drip, drip line, or other low flow non- spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: (A) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (B) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or 151221 jjs 016-DevServices 27 (C) the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section X (A)(1)Section 16.13.090(a). Prevention of overspray and runoff must be confirmed during the irrigation audit. (22) Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (b) Hydrozone. (1) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (2) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (3) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (4) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: (A) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or (B) the plant factor of the higher water using plant is used for calculations. (5) Individual hydrozones that mix high and low water use plants shall not be permitted. (6) On the Landscape Design Plan and Irrigation Design Plan, hydrozone areas shall be designated by number, letter, or other designation. On the Irrigation Design Plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. 151221 jjs 016-DevServices 28 (c) Irrigation Design Plan contents. The Irrigation Design Plan, at a minimum, shall contain: (1) location and size of separate water meters for landscape; (2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section XVII16.13.160; (6) the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) 16.13.100 Grading Design Plan For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan or completed Grading Design Survey (Appendix E)shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. (a) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) height of graded slopes; (2) drainage patterns; (3) pad elevations; 151221 jjs 016-DevServices 29 (4) finish grade; and (5) storm water retention improvements, if applicable (b) To prevent excessive erosion and runoff, it is highly recommended that project applicants: (1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; (2) avoid disruption of natural drainage patterns and undisturbed soil; and (3) avoid soil compaction in landscape areas. 16.13.110 Certificate of Completion (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements: (1) Project information sheet that contains: (A) Date (B) Project name (C) Project applicant name, telephone, and mailing address; (D) Project address and location; and (E) Property owner name, telephone, and mailing address (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification; (B) a diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (3) irrigation scheduling parameters used to set the controller (see Section XIV16.13.130); 151221 jjs 016-DevServices 30 (4) landscape and irrigation maintenance schedule (see Section XV16.13.140); (5) irrigation audit report (see Section XIII16.13.120); and (6) soil analysis report or soil management survey, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section VII16.13.060). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the local agencyDevelopment Services department for review; (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agencyChief Building Official or designee shall: (1) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. 16.13.120 Landscape Audit Report (a) The Landscape Audit Report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system were installed as specified in the Landscape and Irrigation Design Plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. (b) The Landscape Audit Report shall include the following statement: “The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the Palo Alto Water Efficient Landscape Ordinance and the permit”. (c) Local agencyThe Chief Building Official or designee shall administer on-going programs that may include, but are not be limited to, post-installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. 151221 jjs 016-DevServices 31 16.13.130 Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (a) Irrigation scheduling shall be regulated by automatic irrigation controllers. (b) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (d) Parameters used to set the automatic controller shall be developed and submitted for each of the following: (1) The plant establishment period; (2) The established landscape; and (3) Temporarily irrigated areas (e) Each irrigation schedule shall consider for each station all of the following that apply: (1) irrigation interval (days between irrigation); (2) irrigation run times (hours or minutes per irrigation event to avoid runoff); (3) number of cycle starts required for each irrigation event to avoid runoff; (4) amount of applied water scheduled to be applied on a monthly basis; (5) application rate setting; (6) root depth setting; 151221 jjs 016-DevServices 32 (7) plant type setting; (8) soil type; (9) slope factor setting; (10) shade factor setting; and (11) irrigation uniformity or efficiency setting. 16.13.140 Landscape and Irrigation Maintenance Schedule (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to: (1) routine inspection; (2) auditing; (3) adjustment and repair of the irrigation system and its components; (4) aerating and dethatching turf areas; (5) topdressing with compost; replenishing mulch; (6) fertilizing; (7) pruning; (8) weeding in all landscape areas; and (9) removing obstructions to emission devices. (c) Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (d) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. (e) A Project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities. 151221 jjs 016-DevServices 33 16.13.150 Stormwater Management and Rainwater Retention (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. (b) Project applicants shall refer to Chapters 16.11 and 16.28 of this Code and any regulations published by the Citythe local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. (c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section IX (A)(iii)16.13.080(c). (d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. (e) It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. (6) Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 151221 jjs 016-DevServices 34 16.13.160 Recycled Water The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 16.13.170 Graywater Systems Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section II (B)16.13.010(b) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. (f) Environmental Review The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. 16.13.180 Provisions for Existing LandscapesCollaboration With Other Agencies A local agencyThe City of Palo Alto may by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agenciesThe City of Palo Alto may collaborate with water purveyorsother agencies to define each entity’s specific responsibilities relating to this ordinance. 16.13.190 Provisions for Existing Landscapes Over One Acre in Size (a) This section shall apply to all existing landscapes that were installed before February 1, 2016, and are over one acre in size. (b) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (1) For landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). 151221 jjs 016-DevServices 35 (2) For landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (3) All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor. (c) Water Waste Prevention. (1) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting Property owners shall not permit runoff from leavingto leave the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. (2) The Chief Building Official or designee may modify Rrestrictions regarding overspray and runoff may be modified if: (A) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (B) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. 16.13.200 Violations and Penalties Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of Section 1.08.010 of this code. As provided in Chapters 1.12 and 1.16 of this code, violations may additionally or alternatively be subject to administrative citation or compliance order. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, punishable as provided in this section. When the Chief Building Official determines that a violation of this chapter has occurred, he/she may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the Chief Building Official shall issue and record a release of the notice of pendency of code violation. A local agency may establish and administer penalties to the project applicant for non- compliance with this Ordinance to the extent permitted by law. 151221 jjs 016-DevServices 36 A. Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this Ordinance to fail to comply with the outdoor water use efficiency requirements of this Ordinance. The Chief Building Official or designee has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this Ordinance. Whenever the Chief Building Official or designee determines that a violation of this Ordinance has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety (90) days to take corrective action. B. [For Cities and Counties] Administrative Enforcement. In addition to any other remedy provided by the [insert entity’s name]’s Municipal Code, any provision of this Ordinance may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Section _____ of the [insert entity’s name]’s Municipal Code. The [insert commission/governing body] shall serve as the administrative enforcement hearing officer for the purposes of considering any appeals. 16.13.210 Enforcement – Citation Authority The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations; persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) Chief Building Official; (2) Building Inspection Supervisor; (3) Director of Development Services, and (4) Code enforcement officer. 16.13.220 Public Education (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. The local agencyChief Building Official or designee shall provide information to all applicants regarding the design, installation, management, and maintenance of water-efficient landscapes and irrigation systems. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes that are described in this Ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as 151221 jjs 016-DevServices 37 designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. 16.13.230 Appendices The Development Services department shall maintain, update, and publish the following appendices, which are hereby incorporated into this Ordinance as if set forth fully herein. (a) Reference Evapotranspiration (ETO) Table (b) Water Efficient Landscape Worksheet (c) Certificate of Completion (d) Prescriptive Compliance Option (e) Soil and Grading Design Survey (f) Outdoor Water Efficiency Checklist SECTION 4. Chapter 16.14 (California Green Building Standards Code) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended to repeal in their entirety the following sections: A. 16.14.140 Section A4.106.3 Landscape design. B. 16.14.200 Section A4.304.1 Low-water consumption irrigation system. C. 16.14.210 Section A4.304.4 Potable water reduction. D. 16.14.220 Section A4.304.6 Irrigation metering device. E. 16.14.310 Section 5.304.3.2 Irrigation efficiency. F. 16.14.340 Section A5.304.4 Potable water reduction. SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid. 151221 jjs 016-DevServices 38 SECTION 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) of the State CEQA Guidelines since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water-efficient landscapes. SECTION 7. The City Council finds and declares that, for the reasons provided in Section 1, this Ordinance is necessary as an emergency measure for preserving the public peace, health, or safety. Pursuant to Palo Alto Municipal Code section 2.04.270(d), this Ordinance shall take full force and effect immediately upon adoption by a vote of four-fifths of the council members present. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Development Services ____________________________ Director of Administrative Services Appendix A: Reference Evapotranspiration (ETo) Table Appendix B WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Reference Evapotranspiration (ETo) ____________ ETAF Calculations Regular Landscape Areas All Landscape Areas Hydrozone # /Planting Descriptiona Plant Factor (PF) Irrigation Methodb Irrigation Efficiency (IE)c ETAF (PF/IE) Landscape Area (sq, ft,) ETAF x Area Estimated Total Water Use (ETWU)e Regular Landscape Areas Totals (A) (B) Special Landscape Areas 1 1 1 Totals (C) (D) ETWU Total Maximum Allowed Water Allowance (MAWA)e Total ETAF x Area (B) Total Area (A) Average ETAF B ÷ A Total ETAF x Area (B+D) Total Area (A+C) Sitewide ETAF (B+D) ÷ (A+C) aHydrozone #/Planting Description E.g 1.) front lawn 2.) low water use plantings 3.) medium water use planting bIrrigation Method cIrrigation Efficiency overhead spray 0.75 for spray head or drip 0.81 for drip dETWU (Annual Gallons Required) = Eto x 0.62 x ETAF x Area where 0.62 is a conversion factor that converts acre- inches per acre per year to gallons per square foot per year. Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non-residential areas. eMAWA (Annual Gallons Allowed) = (Eto) ( 0.62) [ (ETAF x LA) + ((1-ETAF) x SLA)] where 0.62 is a conversion factor that converts acre- inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0.45 for non-residential areas. BAWSCA Water Efficient Landscape Ordinance Project Information Date:Telephone Project Name Email Applicant Name (print): Street Address Title State Company Zip Project Owner - Declaration of Completion Project Owner Name or Designee: Title Company Property Owner Signature Date Licensed Professional - Declaration of Installation Signature*License Number Email Address Phone Number *Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor. REQUIRED ATTACHMENTS: Print Name and Company of Landscape Architect or Irrigation Designer IRRIGATION SCHEDULING Attach parameters for setting the irrigation schedule on controller as required by the ordinance. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance. LANDSCAPE IRRIGATION AUDIT REPORT Attach Landscape Irrigation Audit Report as required by the MWELO ordinance. SOIL MANAGEMENT REPORT Attach soil analysis report, if not previously submitted with the Landscape Documentation Package as required by the ordinance. Attach documentation verifying implementation of recommendations from soil analysis report as required by the ordinance. CERTIFICATE OF COMPLETION & INSTALLATION I certify that I have received copies of all the documents associated with the landscape project and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule. I certify that based upon periodic site observations, the work has been substantially completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package. SUBMIT UPON COMPLETION OF THE LANDSCAPE PROJECT Appendix C Appendix D - Prescriptive Compliance Option. (a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance. (b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option: (1) Submit a Landscape Documentation Package which includes the following elements: (A) date (B) project applicant (C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet), including a breakdown of turf and plant material (E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed) (F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) contact information for the project applicant and property owner (H) applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO”. (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test); (3) Plant material shall comply with all of the following; (A) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water; (B) A minimum three inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (4) Turf shall comply with all of the following: (A) Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas; (B) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; (C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff. (5) Irrigation systems shall comply with the following: (A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. (B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. \ (E) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (F) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (6) For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed. (c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. Page | 1 Soil Management and Grading Design Survey Project Name: Project Location: Project Lot Size: Site Analysis Completed By: Signature Date This soil analysis and grading report form is designed to assist the applicant in reviewing existing conditions at their project site and evaluate opportunities to maximize benefits. Respond to the following questions, and submit a report detailing geographic features surrounding the site, topography, vegetation and other site features as directed below. Soil Management Survey Laboratory soil analysis results are attached. OR answer the following questions: 1.What is the infiltration rate in inches per hour for the site soil type? (Instructions – in a minimum of three distinct locations dig a hole that would accommodate planting a 5-gallon plant. Fill hole with water and let drain. Fill hole again and measure the depth of the water in the hole and record the time it takes to infiltrate totally into the soil with no remaining standing water. Note the time of year and the level of existing soil saturation by touch). 2.What is the primary project site soil texture? (Example – clay, loam, silt, sand, etc) 3.What is the soil color at 2 inches depth? What is the color at 6 inches? What is the color at 12 inches? (Example – black, dark or light brown, red, gold, gray, blue, etc) 4.Has the site been previously or historically contaminated with toxic materials? Comments: Appendix E Page | 2 Grading Design Survey Grading Design Plan is attached. OR answer the following questions: 1.Does the stormwater runoff from the site discharge to (check all that apply):  Indirectly to waters of the U.S. (i.e. discharge flows overland across adjacent properties or rights-of-way prior to discharging into water of the United States)  Storm drain system  Directly to the water of the U.S. (e.g. river, lake, creek, stream, bay, ocean, etc.) 2.Has a stormwater pollution prevention plan been prepared for this site?  Yes  No 3.Is there potential for filtering or infiltrating stormwater in the landscape areas (e.g. grassy swales, infiltration planters, bioretention areas)?  Yes  No 4.Is there potential to store rainwater for future use?  Yes  No 5.Is the proposed site within a 100 year floodplain?  Yes  No 6.Is a creek protection plan required for this site?  Yes  No Comments: OUTDOOR WATER USE EFFICIENCY CHECKLIST To Be Completed by Applicant Page 1 of 2 I certify that the subject project meets the specified requirements of the Water Conservation in Landscaping Ordinance. Signature Date Project Information ❑ New Construction ❑ Rehabilitated ❑ Other: ❑ Commercial ❑ Institutional ❑ Irrigation only ❑ Industrial ❑ Other: Applicant Name (print): Contact Phone #: Project Site Address: Project Area (sq.ft. or acre): # of Units: # of Meters:(Pass)(Fail) Total Landscape Area (sq.ft.):❑ ❑ Turf Irrigated Area (sq.ft.):❑ ❑ Non-Turf Irrigated Area (sq.ft.):❑ ❑ Irrigated Special Landscape Area (SLA) (sq.ft.):❑ ❑ Water Feature Surface Area (sq.ft.): Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ All turf is planted on slopes < 25%❑ ❑ Hydrozones Plants are grouped by Hydrozones ❑ ❑ ❑ ❑ Mulch ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Water Features ❑ ❑ Compost At least 4 cubic yards per 1,000 sq ft to a depth of 6 inches ❑ No, See Special Landscape Area and/or Recycled Water Area Low water using plants are installed for at least 100% of plant areaPlant Material Turf There is no turf in parkways < 10 feet wide ❑ Yes ❑ Yes ❑ No, if adjacent to a parking strip ❑ Yes ❑ Yes ❑ Yes ❑ No, See Soil Test ❑ Yes Irrigation System ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No, but there is no runoff or overspray Cover highly recommended Use of automatic irrigation controllers that use evapotranspiration or soil moisture sensor data and utilize a rain sensor Irrigation controllers do not lose programming data when power source is interrupted Irrigation system includes pressure regulators Manual shut-off valves are installed near the connection to the water supply All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher Areas < 10 feet shall be irrigated with subsurface irrigation NONRESIDENTIAL OUTDOOR WATER USE EFFICIENCY CHECKLIST Recirculating ❑ Yes ❑ No, not required ❑ Yes For all nonresidential projects, input an aggregate value for the entire project. Agency Review No turf for the landscape area At least 3-inches of mulch on exposed soil surfaces ❑ Yes Separate irrigation submeters for landscape areas > 1,000 sq ft ❑ YesMetering Swimming Pools / Spas City of Palo Alto Development Services Appendix F OUTDOOR WATER USE EFFICIENCY CHECKLIST Page 2 of 2 Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ To Be Completed by AgencyAuditor: Materials Received and Reviewed:❑ Regional Water Efficient Landscape Ordinance ❑ Project Information ❑ Nonresidential Outdoor Water Use Efficiency Checklist ❑ Water Efficient Landscape Worksheet ❑ Water Efficient Landscape Worksheet ❑ Nonresidential Outdoor Water Use Efficiency Checklist ❑ Plant List ❑ Post-Installation Audit ❑ Other: ❑ Landscape Design Plan ❑ Soil Management Report ❑ Irrigation Design Plan ❑ Grading Design Plan Date Reviewed: ❑ Follow up required (explain): ❑ Drip irrigation Date Resubmitted:❑ Plant palate Date Approved:❑ Grading Dedicated Irrigation Meter Required:❑ Pool and/or spa cover Meter sizing:❑ Dedicated irrigation meter ❑ Other: Comments: Selected Definitions: ETo Reference evapotranspiration means the quantity of water evaporated from a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of estimating water budgets so that regional differences in climate can be accommodated. SLA Special Landscaped Area. Includes edible plants, areas irrigated with recycled water, surface water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Professional Professional is a “certified professional” or “authorized professional” that is a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contractor, a licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget, irrigation survey or irrigation audit. Water Feature A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). ❑ Completed by professional Soil Management Report (optional if < 2,500 sq ft of landscape area) Landscape Design Plan (optional if < 2,500 sq ft of landscape area) Irrigation Design Plan (optional if < 2,500 sq ft of landscape area) Grading Design Plan (optional if < 2,500 sq ft of landscape area) Post-installation audit completed ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional Water Efficient Landscape Worksheet (optional if < 2,500 sq ft of landscape area) Material Distributed to Applicant Measures Recommended to Applicant Documentation (per section 492.3) Audit ❑ Prepared by professional Project Information ❑ Yes City of Palo Alto Development Services OUTDOOR WATER USE EFFICIENCY CHECKLIST To Be Completed by Applicant Page 1 of 2 I certify that the subject project meets the specified requirements of the Water Conservation in Landscaping Ordinance. Signature Date Project Information ❑ New Construction ❑ Rehabilitated ❑ Other: ❑ Single Family ❑ Multi-Family ❑ Commercial ❑ Institutional ❑ Irrigation only ❑ Industrial ❑ Other: Applicant Name (print): Contact Phone #: Project Site Address: Project Area (sq.ft. or acre): # of Units: # of Meters:(Pass)(Fail) Total Landscape Area (sq.ft.):❑ ❑ Turf Irrigated Area (sq.ft.):❑ ❑ Non-Turf Irrigated Area (sq.ft.):❑ ❑ Irrigated Special Landscape Area (SLA) (sq.ft.):❑ ❑ Water Feature Surface Area (sq.ft.): Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ All turf is planted on slopes < 25%❑ ❑ Hydrozones Plants are grouped by Hydrozones ❑ ❑ ❑ ❑ Mulch ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Water Features ❑ ❑ For a single-family project, or a single- family development project, enter this information on an average, per unit basis. For all other projects, input an aggregate value for the entire project. Agency Review < 25% of the landscape area is turf At least 3-inches of mulch on exposed soil surfaces Metering Swimming Pools / Spas Cover highly recommended ❑ Yes ❑ No, not required if < 5,000 sq ft RESIDENTIAL OUTDOOR WATER USE EFFICIENCY CHECKLIST Recirculating ❑ Yes ❑ No, not required ❑ Yes Areas < 10 feet shall be irrigated with subsurface irrigation Separate irrigation meter ❑ Yes Irrigation System ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No, but there is no runoff or overspray Use of automatic irrigation controllers that use evapotranspiration or soil moisture sensor data and utilize a rain sensor Irrigation controllers do not lose programming data when power source is interrupted Irrigation system includes pressure regulators Manual shut-off valves are installed near the connection to the water supply All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher Compost At least 4 cubic yards per 1,000 sq ft to a depth of 6 inches ❑ No, See Special Landscape Area and/or Recycled Water Area Low water using plants are installed for at least 75% of plant areaPlant Material Turf There is no turf in parkways < 10 feet wide ❑ Yes ❑ Yes ❑ No, if adjacent to a parking strip ❑ Yes ❑ No, See Water Budget ❑ Yes ❑ Yes ❑ Yes ❑ No, See Soil Test City of Palo Alto Development Services OUTDOOR WATER USE EFFICIENCY CHECKLIST Page 2 of 2 Landscape Parameter Requirements Project Compliance ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Auditor: Materials Received and Reviewed:❑ Regional Water Efficient Landscape Ordinance ❑ Project Information ❑ Residential Outdoor Water Use Efficiency Checklist ❑ Water Efficient Landscape Worksheet ❑ Water Efficient Landscape Worksheet ❑ Residential Outdoor Water Use Efficiency Checklist ❑ Plant List ❑ Post-Installation Audit ❑ Other: ❑ Landscape Design Plan ❑ Soil Management Report ❑ Irrigation Design Plan ❑ Grading Design Plan Date Reviewed: ❑ Follow up required (explain): ❑ Drip irrigation Date Resubmitted:❑ Plant palate Date Approved:❑ Grading Dedicated Irrigation Meter Required:❑ Pool and/or spa cover Meter sizing:❑ Dedicated irrigation meter ❑ Other: Comments: Selected Definitions: ETo Reference evapotranspiration means the quantity of water evaporated from a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of estimating water budgets so that regional differences in climate can be accommodated. SLA Special Landscaped Area. Includes edible plants, areas irrigated with recycled water, surface water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Professional Professional is a “certified professional” or “authorized professional” that is a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contractor, a licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget, irrigation survey or irrigation audit. Water Feature A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). Material Distributed to Applicant Measures Recommended to Applicant Documentation (per section 492.3) Audit ❑ Prepared by professional Project Information ❑ Yes ❑ Completed by professional Soil Management Report (optional if < 2,500 sq ft of landscape area) Landscape Design Plan (optional if < 2,500 sq ft of landscape area) Irrigation Design Plan (optional if < 2,500 sq ft of landscape area) Grading Design Plan (optional if < 2,500 sq ft of landscape area) Post-installation audit completed ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional ❑ Prepared by professional Water Efficient Landscape Worksheet (optional if < 2,500 sq ft of landscape area) City of Palo Alto Development Services 1 Attachment B: Landscape Permit Estimation The estimated number of potential landscape permits that Development Services may issue with the new proposed landscaping permit is identified below. The estimate has been generated based on the average annual new construction building permits issued during Fiscal Years 2013 through 2015. The estimation is shown in Figure 1-1. The average number of building permits issued annually for new residential and new commercial projects equals 150 permits. Staff assumes that 100% of building permits associated with new construction submitted to Development Services contain a landscaping scope of some kind. Therefore, staff estimates a total of 150 permits to be issued on an annual basis. Figure 1-1: Estimated Number of Potential Landscape Permits Building Permit Type Average # Permits Issued Annually FY2013 - FY2015 Commercial Addition Remodel 10 Commercial New Building 16 Mixed Use New Res/Com 5 Res New 2 Unit 6 Res New 3 &4 Unit 1 Res New 5 or more Unit 1 Res New Single Family 112 Total Building Permits Issued with a Potential Landscape Scope* 150 Summary Total Annual Potential Landscape Permits 150 *Non-building related and remodel permit types are excluded cin or PALO ALTO City Council Meeting Date: January 19, 2016 January 14, 2016 THE HONORABLE CITY COUNCIL Palo Alto, California RE: January 19, 2016 Agenda-Action Agenda Item# 5 -"Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 . (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15" Dear Members of the Council: An item is scheduled for Tuesday, January 19, 2016 regarding Updates to the City's Water Efficient Landscape Ordinance (Action Item #5: "Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15"). The ordinance attached to the published staff report misstated the scope of the new landscape regulations. A provision was mistakenly deleted that exempts landscapes that were not associated with a building permit and that did not require any other form of design, building, or planning review. The revised emergency ordinance includes the following additional language on page 5: "16.13.01 O Applicability (a) [ ... ] (d) This Chapter does not apply to: THE HONORABLE CITY COUNCIL January 15, 2016 Page 2 of 2 RE: January 19, 2016 Agenda-Action Agenda Item# 5 -"Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15" (1) Landscapes that do not require a building or landscape permit, plan check, or design review, or any other planning review, or new or expanded water service; (2) Landscapes, or portions of landscapes, that are only irrigated for an establishment period; (3) Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; (4) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or (5) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. The remainder of the proposed ordinance is unchanged. MSS/sh Attachment cc: James Keene, City Manager Beth Minor, Acting City Clerk Albert Yang Deputy City Attorney *NOT YET APPROVED* Ordinance No. ____ _ Ordinance of the City Council of the City of Palo Alto Amending Chapters 12.32 (Water Use Regulations) and 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant to AB 1881 and the Governor's Executive Order B-29-15 The Council of the City of Palo Alto does ORDAIN as follows: Attachment A SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of Palo Alto. B. The ongoing drought continues to affect water supplies, agriculture, businesses, and communities throughout Palo Alto and the State of California. C. These conditions have led the Governor to declare a state of emergency, most recently in Executive Order B-36-15, the finding� of which are hereby adopted and incorporated by reference. D. These conditions have led the California Department of Housing and Community Development and the California Building Standards Commission to adopt Findings of Emergency HCD-EF-01-15 and BSC-EF-02-15, respectively, which are hereby adopted and incorporated by reference. E. The California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance ("Model Ordinance"), has been implemented by a Statewide Landscape Task Force which was overseen by the California Urban Water Conservation Council. The California Water Conservation in Landscaping Act was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). F. AB 1881 required cities and counties, no later than January 1, 2010, to adopt the updated Model Ordinance or an equivalent document which is "at least as effective as" the Model Ordinance in conserving water. G. On December 13, 2010, the City Council adopted local amendments to the California Green Building Standards Code that were at least as effective as the Model Ordinance in conserving water (Ordinance No. 5108). H. On April 1, 2015, Governor Brown issued Executive Order B-29-15, which directed State agencies to implement immediate measures to save water, increase 151221 jjs 016-DevServices 1 enforcement against water waste, and streamline government response to ongoing drought conditions. I. Executive Order B-29-15 directed the Department of Water Resources ("DWR") to update the State Model Ordinance through expedited regulation to increase water efficiency standards for new and existing landscapes through more efficient standards, greywater usage, onsite storm water capture, and limitations of the portions of landscape that can be covered in turf. J. The California Water Commission approved the proposed revisions to the State Model Ordinance on July 15, 2015. K. Local agencies are required to adopt the revised State Model Ordinance or adopt a local or regional ordinance at least as effective in conserving water. L. The City of Palo Alto has developed this Water Efficient Landscaping Ordinance in conjunction with the Bay Area Water Supply and Conservation Agency and other local agencies to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within Palo Alto's jurisdiction in order to ensure that this Ordinance will be "at least as effective as" the Model Ordinance in conserving water. M. Although this Water Efficient Landscaping Ordinance is more streamlined and simplified than the Model Ordinance, this Ordinance is "at least as effective as" the Model Ordinance for the following reasons: 1. This Ordinance applies to more accounts than the Model Ordinance does because it lowers the size threshold for applicable rehabilitated landscapes from 2,500 square feet to 1,000 square feetlandscapes of all sizes, to better reflect the typical landscaped areas located within Palo Alto's boundaries. 2. This Ordinance includes a default turf restriction of no turf or high water use plants in the irrigated area and requires that at least 80% of the plants in non-turf landscape areas be native plants, low-water using plants, or no-water using plants (unless the applicant elects to perform a water budget). The Model Ordinance does not contain any such default turf restrictions or specified plant requirements. 3. This Ordinance requires covers on newly constructed pools and spas. 4. By using the same water budget parameters as the Model Ordinance (e.g., plant factors, irrigation efficiency), this Ordinance will be 151221 jjs 016-DevServices 2 as effective as the Model Ordinance in developing landscape water budgets. 5. By using the same landscape parameters as the Model Ordinance for, among other things, slope restrictions and width restrictions for turf, irrigation times, and minimum mulch requirements, this Ordinance will be at least as effective as the Model Ordinance in achieving water savings. N. Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. 0. This Ordinance is consistent with the provisions requiring reductions in outdoor water use for landscaping in the California Green Building Standards Code, as amended by the City Council. Such requirements include the development of a water budget for landscape irrigation in accordance with methodology outlined in either the Model Ordinance or pursuant to a locally adopted ordinance. P. The State Legislature has identified the provision of a more reliable water supply and the protection, restoration and enhancement of the Delta ecosystem as a high priority for the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water use by 20% by the year 2020. Accordingly, the City Council finds that implementation of this Ordinance is consistent with the policies and goals established by the State Legislature in enacting SB 7 (7th Extraordinary Session). Q. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws. R. The adoption of this Ordinance is separate and distinct from Palo Alto's adoption of a local ordinance relating to the use of recycled water in outdoor landscapes (Ordinance No. 5002). S. The adoption and enforcement of this Ordinance is necessary to manage Palo Alto's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within Palo Alto. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. 151221 jjs 016-DevServices 3 SECTION 2. Section 12.32.040 (Indoor and outdoor water efficiency) of Chapter 12.32 (Water Use Regulations) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code is hereby amended to read as follows: Pursuant to the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance, Government Code§§ 65591, et seq. as amended, a city is required to adopt the State Landscape Model Ordinance or equivalent local landscape water efficiency requirements that are "at least as effective" as the state ordinance in conserving water. The council has adopted requirements that are at least as effective in reducing landscaping water use, also known as outdoor water use, as well as additional requirements for existing landscapes and indoor water use in Chapter 16.14 (California Green Building GeGe}Chapter 16.13 (Water Efficient Landscaping). SECTION 3. Chapter 16.13 (Water Efficient Landscaping) is hereby added to Title 16 (Building Regulations) of the Palo Alto Municipal Code to read as follows: Sections: 16.13.010 16.13.020 16.13.030 16.13.040 16.13.050 16.13.060 16.13.070 16.13.080 16.13.090 16.13.100 16.13.110 16.13.120 16.13.130 16.13.140 16.13.150 16.13.160 16.13.170 16.13.180 16.13.190 16.13.200 16.13.210 16.13.220 Applicability Definitions WATER EFFICIENT LANDSCAPING Water Efficient Landscaping Requirements Compliance with Ordinance Landscape Project Application and Documentation Package Soil Management Report Water Budget Calculations Landscape Design Plan Irrigation Design Plan Grading Design Plan Certificate of Completion Landscape Audit Report Irrigation Scheduling Landscape and Irrigation Maintenance Schedule Stormwater Management and Rainwater Retention Recycled Water Graywater Systems Provisions for Existing Landscapes Provisions for Existing Landscapes Over One Acre in Size Violation and Penalties Enforcement -Citation Authority Public Education 151221 jjs 016-DevServices 4 16.13.010 (a) projects: Applicability The provisions of this Chapter shall apply to all of the following landscape (1) New construction projects with an aggregate.e_ landscape area of any sizeequal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; (2) Rehabilitated landscape projects with an aggregate.e_ landscape area of any sizeequal to or greater than 1,000 square feet requiring a building ar landscape permit, plan check, or design reviev1; (3) Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in Section 16.13.190 "Provisions for Existing Landscapes Over One Acre in Size". (4) Cemeteries. New and rehabilitated cemeteries shall only be subject to the provisions of Section 16.13.070 "Water Budget Calculations", Section 16.13.120 "Landscape Audit Report", and Section 16.13.140 "Landscape and Irrigation Maintenance Schedule." Existing cemeteries are limited to Section 16.13.190 "Provisions for Existing Landscapes Over One Acre in Size". (b) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D. (c) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D section {b){5). (d) This Chapter does not apply to: New constructian v1ith irrigated landscape areas less than 500 square feet, rehabilitated landscapes with irrigateEI lanElscape areas less than 1,000 square feet, or (1) Landscapes that do not require a building or landscape permit, plan checkL e-r-design review, or any other planning review, or new or expanded water service; (2) Lan dscapes, or portions of landscapes, that are only irrigated for an establishment period; 151221 jjs 016-DevServices 5 16.13.020 (3) Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; (4) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or (5) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. Definitions (a) "applied water" means the portion of water supplied by the irrigation system to the landscape. (b) "automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (c) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) "Certificate of Completion" means the document required under Section 492.9_Qf Title 23 of the California Code of Regu lations. (e) "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. (f) "certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. (g) "check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. 151221 jjs 016-DevServices 6 (h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) "compost" means the safe and stable product of controlled biologic decomposition of orga nic materials that is beneficial to plant growth. (j) "conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year. (k) "distribution uniformity" means the measure of the uniformity of irrigation water over a defined area. (I) "drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (n) "effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. (o) "emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. (p) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (q) "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. (r) "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section VIII. (s) "ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. 151221 jjs 016-DevServices 7 (t) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (u) "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (v) "flow sensor" means an inline device installed at the supply point of �he irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (w) "friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. (x) "Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (y) "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, as provided in Health and Safety Code Section 17922.12. (z) "hardscapes" means any durable material (pervious and non-pervious). (aa) "hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. (bb) "infiltration rate'' means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). (cc) "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (dd) "irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is 151221 jjs 016-DevServices 8 not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program. {ee) "irrigation efficiency" {IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. {ff) "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. {gg) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. {hh) "landscape architect" means a person who holds a license to practice landscape architecture in the state of California under Business and Professions Code, Section 5615. {ii) "landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development {e.g., open spaces and existing native vegetation). {jj) "landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. {kk) "Landscape Documentation Package" means the documents required under Section IV. {II) "landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section II. {mm) "landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. {nn) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 151221 jjs 016-DevServices 9 (oo) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is a lso responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. (pp) "local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. (qq) "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (rr) "low water use plant" means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. (ss) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (tt) "master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. (uu) "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section IX. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA)+ ((1-ETAF) x SLA)] (vv) "median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. (ww) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (xx) ""microspray" means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons 151221 jjs 016-DevServices 10 per hour at the largest area of coverage available for the nozzle series when operated at 30 psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets. (yy) "mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (zz) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (aaa) "native plant" means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project's vicinity. (bbb) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (ccc) ·"non-residential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development. (ddd) "no-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. (eee) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (fff) "overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). (ggg) "overspray" means the irrigation water which is delivered beyond the target area. (hhh) "parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. (iii) "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. 151221 jjs 016-DevServices 11 (jjj) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (kkk) "plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication "Water Use Classification of Landscape Species". Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). (Ill) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section IV, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (mmm) "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. (nnn) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (ooo) "recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens. (ppp) "recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption. (qqq) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. (rrr) "Regional Water Efficient Landscape Ordinance" means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to. 151221 jjs 016-DevServices 12 (sss) "rehabilitated landscape" means any relahdscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1 of Title 23 of the California Code of Regulations, and the modified landscape area is equal to or greater than 2,500 square feet. (ttt) "residential landscape" means landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners. (uuu) "run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (vvv) "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (www) "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. (xxx) "Special La ndscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (yyy) "sprinkler head" or "spray head" means a device which delivers water through a nozzle. (zzz) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (aaaa) "station" means an area served by one valve or by a set of valves that operate simultaneously. (bbbb) "swimming pool" means any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools. (cccc) "swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (dddd) "submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. (eeee) "turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky 151221 jjs 016-DevServices 13 bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. (ffff) "valve" means a device used to control the flow of water in the irrigation system. (gggg) "water conserving plant species" means a plant species identified as having a very low or low plant factor. (hhhh) "water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (iiii) "watering window" means the time of day irrigation is allowed. (jjjj) "WUCOLS" means the current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources, available at: http://f;lcaAr.erdf;l/sitesA6lUCOLS/Dovmloati WUCOLS !V List/ 16.13.030 Water Conservation in Landscaping OrEliRaRee Requirements (a) Landscape Permit Required. Any owner or authorized age nt who intends to install or modify a landscape subject to the requirements of this Chapter, or to cause such work to be done, shall first make application to the Development Services department and obtain a landscape permit. Landscape permits shall be governed by Section 105 of the California Building Code and local amendments. (b) New Construction and Rehabilitated Landscapes. All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete the Landscape Project Application and Documentation Package described in Section 16.13.050 and (2) comply with the Landscape and Irrigation Maintenance Schedule requirements of Section 16.13.140. (c) Existing Landscapes Over One Acre in Size. All owners of existing landscapes over one acre in size, even if installed before enactment of this Chapter, shall: (1) comply with City of Palo Alto programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff. 151221 jjs 016-DevServices 14 16.13.040 (a) Compliance with Ordinance. The local agency Chief Building Official or designee shall: (1) Provide the project applicant with the Ordinance and Landscape Project Application and Documentation Package requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service; (2) Review the Landscape Project Application submitted by the project applicant; (3) Approve or deny the project applicant's Landscape Project Application submittal; (4) Issue or approve a permit, plan check or design reviev1 that complies with the approved Landscape Project Application or approve a nev,' or expanded 'Nater service application that complies with the approved Landscape Project /\pplication; (5) Submit a copy of the complete Lan escape Project /\pplication to the local water purveyor or land use authority, as the case may be. (b) The project applicant shall: (1) Prior to construction, submit all portions of the Landscape Project Application, except the Landscape Audit Report, to the local agency; and (2) Upon approval of the Landscape Project Application by the l-e€a.J. agencyCity: (A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (C) submit a copy of the Water Efficient Landscape Worksheet to the local 'Nater purveyorDevelopment Services department. 16.13.50 Landscape Project Application and Documentation Package (a) The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this Chapter. In completing the Landscape Project Application, project applicants may choose one of two options to demonstrate that the 151221 jjs 016-DevServices 15 landscape meets the Chapter's water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the Chapter. The options include: (1) Planting restrictions: (A) The landscape areas may include no turf or high-water using plants; and (B) At least 80% of the plants in landscape areas shall be native plants, low-water using plants, or no-water using plants; or the (2) Water Budget Calculation option (Section 16.13.070). (b) The Landscape Project Application shall include the following elements: (1) Project Information; (A) Date (B) Project Applicant (C) Project address (if available, parcel and/or lot numbers) (D) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-i nsta I led) (E) Total landscape area (Square feet) (F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) Checklist of all documents in Landscape Documentation Package (H) Project contacts to include contact information for the project applicant and property owner (I) Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package;" (2) Water Budget Calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section 16.13.070); 151221 jjs 016-DevServices 16 16.13.060 (3) Soil Management Report or Soil Management Survey (Section 16.13.060); (4) Landscape Design Plans (Section 16.13.080}; (5) Irrigation System Design Plans (Section 16.13.090}; and (6) Landscape Audit Report (Section 16.13.120); (7) Grading Design Plan or Grading Design Survey (Section 16.13.100). Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, or the applicant shall complete a Soil Management Survey (Appendix E). The soil management report shall be completed as follows: (a) Submit soil samples to a laboratory for analysis and recommendations. (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (2) The soil analysis shall include: (A) soil texture; (B} infiltration rate determined by laboratory test or soil texture infiltration rate table; (C) pH; (D) total soluble salts; (E) sodium (F) percent organic matter; and (G) recommendations (3) In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots. 151221 jjs 016-DevServices 17 16.13.070 (4) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agencyDevelopment Services department as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agencyDevelopment Services department as part of the Certificate of Completion. (5) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (6) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. Water Budget Calculations Project applicant may elect to complete a water budget calculation for the landscape project using the Water Efficient Landscape Worksheet in Appendix B. Water budget calculations, if prepared, shall adhere to the following requirements. (a) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from from Oto 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (b) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (c) All Special Landscape Areas (SLA) shall be identified and their water use included in the water budget calculations. (d) The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas and 0.45 for non-residential areas. (e) ETo values from the Reference Evapotranspiration Table in Appendix A shall be used In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU). For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference 151221 jjs 016-DevServices 18 Evapotranspiration Zones Map, Department of Water Resources, 1999.For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (f) MAWA shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.55 x LA)+ (0.45 x SLA)] for residential areas MAWA = (ETo) (0.62) [(0.45 x LA)+ (0.55 x SLA)] for non-residential areas Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 =Conversion Factor (to gallons) 0.55 = Reference Evapotranspiration Adjustment Factor (ETAF) for residential areas 0.45 = Reference Evapotranspiration Adjustment Factor (ETAF) for non-residential areas LA = Landscape Area including SLA (square feet) 0.45 =Additional Water Allowance for SLA in residential areas 0.55 = Additional Water Allowance for SLA in non-residential areas SLA =Special Landscape Area (square feet) (g) The local agency Chief Building Official or designee or the project applicant may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: (1) MAWA = (ETo -Eppt) (0.62) [(0.55 x LA)+ (0.45 x SLA)] for residential areas. (2) MAWA = (ETo -EPPT) (0.62) [(0.45 x LA)+ (0.55 x SLA)] for non-residential areas. (h) Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA. ETWU = (ETo)(0.62{ PFI�HA +SLA) Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491) 151221 jjs 016-DevServices 19 16.13.080 HA = Hydrozone Area [high, medium, and low water use areas] (square feet) 0.75 =Irrigation Efficiency {IE) for overhead spray devices 0.81 = Irrigation Efficiency (IE) for drip system devices SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Plant Material. (1) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: (A) Protection and preservation of native species and natural vegetation (B) selection of water-conserving plant, tree and turf speCies, especially local native plants; (C) selection of plants based on local climate suitability, disease and pest resistance; (D) selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (E) selection of plants from local and regional landscape program plant lists. (F) selection of plants from local Fuel Modification Plan Guidelines. (2) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section X (A)(ii)(4)16.13.090(d)(4). (3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the 151221 jjs 016-DevServices 20 project site. Methods to achieve water efficiency shall include one or more of the following: (A) use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (B) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; (C) consider the solar orientation for plant placement to maximize summer share and winter solar gain. (4) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (5) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (6) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. (7) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (8) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (b) Water Features. (1) Recirculating water systems shall be used for water features. (2) Where available, recycled water shall be used as a source for decorative water features. 151221 jjs 016-DevServices 21 shall: (3) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (4) Pool and spa covers are required on any newly constructed pool or spa. (c) Soil Preparation, Mulch and Amendments. (1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (2) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section VII}. (3) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (4) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (5) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (6) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. (7) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (d) Landscape Design Plan contents. The landscape design plan, at a minimum, (1) delineate and label each hydrozone by number, letter, or other method; 151221 jjs 016-DevServices 22 (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non-pervious); (10) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Qt1ality Control BoardDevelopment Services department for information on any applicable stormwater technical requirements, including but not limited to the requirements of Chapter 16.11. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section x.v.1-16.13.150. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section XW-16.13.150 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system components and area(s) of distribution; (13) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and (14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Busi ness and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.). 151221 jjs 016-DevServices 23 16.13.90 Irrigation Design Plan This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (a) Irrigation System. {1} Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. {the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A-For the purposes of this requirement, a landscape water meter may be either: {A) a customer service meter dedicated to landscape use provided by the local water p1::1rveyorUtilities department; or {B) a privately owned meter or submeter. (2) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (3) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. (A) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (B) 151221 jjs 016-DevServices Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not 24 available at the design stage, the measurements shall be conducted at installation. (4) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (5) Manual shut-off valves (such as a gate va lve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. (6) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (7) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger. (8) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (9) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. (10) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (11) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (12) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section ¥m 16.13.070 regarding the Maximum Applied Water Allowance. (13) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/lnternational Code Council's 151221 jjs 016-DevServices 25 (ASABE/ICC} 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (14) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (15) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (16) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (17) Head to head toverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (18) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (19) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur. (20) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (21) Overhead irrigation shall not be permitted within 24 inches of any non­ permeable surface. Allowable irrigation within the setback from non­ permeable surfaces may include drip, drip line, or other low flow non­ spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: (A) (B) 151221 jjs 016-DevServices the landscape area is adjacent to permeable surfacing and no runoff occurs; or the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or 26 (C) the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section X (A)(l)Section 16.13.090(a). Prevention of overspray and runoff must be confirmed during the irrigation audit. (22) Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (b) Hydrozone. (1) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (2) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (3) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (4) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: (A) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or (B) the plant factor of the higher water using plant is used for calculations. (5) Individual hydrozones that mix high and low water use plants shall not be permitted. (6) On the Landscape Design Plan and Irrigation Design Plan, hydrozone areas shall be designated by number, letter, or other designation. On the Irrigation Design Plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. 151221 jjs 016-DevServices 27 (c) Irrigation Design Plan contents. The Irrigation Design Plan, at a minimum, shall contain: 16.13.100 {1) location and size of separate water meters for landscape; {2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate {gallons per minute), application rate {inches per hour), and design operating pressure {pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section X¥U16.13.160; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) Grading Design Plan For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan or completed Grading Design Survey {Appendix E)shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. {a) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) height of graded slopes; (2) drainage patterns; (3) pad elevations; 151221 jjs 016-DevServices 28 (4) finish grade; and (5) storm water retention improvements, if applicable (b) To prevent excessive erosion and runoff, it is highly recommended that project applicants: 16.13.110 (1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; (2) avoid disruption of natural drainage patterns and undisturbed soil; and (3) avoid soil compaction in landscape areas. Certificate of Completion (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements: (1) Project information sheet that contains: (A) Date (B) Project name (C) Project applicant name, telephone, and mailing address; (D) Project address and location; and (E) Property owner name, telephone, and mailing address (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification; (B) a diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (3) irrigation scheduling parameters used to set the controller (see Section W16.13.130); 151221 jjs 016-DevServices 29 (4) landscape and irrigation maintenance schedule (see Section X¥16.13.140); (5) irrigation audit report (see Section XUJ.16.13.120); and (6) soil analysis report or soil management survey, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section ¥»16.13.060). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the teEat agencyDevelopment Services department fo r review; (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agencyChief Building Official or designee shall: 16.13.120 (1) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. Landscape Audit Report (a) The Landscape Audit Report shall include, but is not limited to : inspection to confirm that the landscaping and irrigation system were installed as specified in the Landscape and Irrigation Design Plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. (b) The Landscape Audit Report shall include the following statement: "The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the Palo Alto Water Efficient Landscape Ordinance and the permit". (c) Local agencvThe Chief Building Official or designee shall administer on-going programs that may include, but are not be limited to, post-installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. 151221 jjs 016-DevServices 30 16.13.130 Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (a) Irrigation scheduling shall be regulated by automatic irrigation controllers. (b) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowa nce (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (d) Parameters used to set the automatic controller shall be developed and submitted for each of the following: apply: (1) The plant establishment period; (2) The established landscape; and (3) Temporarily irrigated areas (e) Each irrigation schedule shall consider for each station all of the following that (1) irrigation interval (days between irrigation); (2) irrigation run times (hours or minutes per irrigation event to avoid runoff); (3) number of cycle starts required for each irrigation event to avoid runoff; (4) amount of applied water scheduled to be applied on a monthly basis; (5) application rate setting; (6) root depth setting; 151221 jjs 016-DevServices 31 16.13.140 (7) plant type setting; {8) soil type; (9) slope factor setting; {10) shade factor setting; and (11) irrigation uniformity or efficiency setting. Landscape and Irrigation Maintenance Schedule (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to: {1) routine inspection; (2) auditing; {3) adjustment and repair of the irrigation system and its components; (4) aerating and dethatching turf areas; (5) topdressing with compost; replenishing mulch; {6) fertilizing; (7) pruning; {8) weeding in all landscape areas; and {9) removing obstructions to emission devices. (c) Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (d) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. (e) A Project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities. 151221 jjs 016-DevServices 32 16.13.150 Stormwater Management and Rainwater Retention (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged. (b) Project applicants shall refer to Chapters 16.11and 16.28 of this Code and any regulations published by the Citythe local agency or Regional V\/ater Quality Control Board for information on any applicable stormwater technical requirements. (c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section IX (A)(iii)16.13.080(c). (d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. (e) It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. (6) Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 151221 jjs 016-DevServices 33 16.13.160 Recycled Water The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. 16.13.170 Graywater Systems Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section +J. fBt16.13.010(b} for the applicability of this ordina nce to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater. (f) ISR1JireRmeRtal Review The local agency must compl'r' '""ith the California environmental Quality /\ct (CeQA), as appropriate. 16.13.180 Prei.·isieRs fer ISH:istiRg baRdssapesCollaboration With Other Age ncies A local agenci,1The City of Palo Alto may by mutual agreement; designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agenciesThe City of Palo Alto may collaborate with water purveyorsother agencies to define each entity's specific responsibilities relating to this ordinance. 16.13.190 Provisions for Existing Landscapes Over One Acre in Size (a) This section shall apply to all existing landscapes that were installed before February 1, 2016, and are over one acre in size. (b) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (1) For landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). 151221 jjs 016-DevServices 34 (2) For landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (3) All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor. (c) Water Waste Prevention. 16.13.200 (1) Local agencies shall prevent water ·.vaste resulting from inefficient landscape irrigation by prohibiting Property owners shall not permit runoff from leavingto leave the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. (2) The Chief Building Official or designee may modify Rrestrictions regarding overspray and runoff may be modified if: {A) the landscape area is adjacent to permeable surfacing and no runoff occurs; or {B) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. Violations and Penalties Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of Section 1.08.010 of this code. As provided in Chapters 1.12 and 1.16 of this code, violations may additionally or alternatively be subject to administrative citation or compliance order. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, punishable as provided in this section. When the Chief Building Official determines that a violation of this chapter has occurred, he/she may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the Chief Building Official shall issue and record a release of the notice of pendency of code violation. I\ local agency may establish and administer penalties to the project applicant for non compliance with this Ordinance to the m<tent permitted by law. 151221 jjs 016-DevServices 35 /\. Violation and Notice of Correction. It is unlmNful for any person, firm, partnership, association, or corporation subject to the requirements of this Ordinance to fail to comply with the outdoor water use efficiency requirements of this Ordinance. The Chief Building Official or designee has the authority to conduct such inquiries, audits or surveys to ensure compliance 1.vith the requirements of this Ordinance. \!Vhenever the Chief Building Official or designee determines that a violation of this Ordinance has occurred, he or she may serve a notice of correction on the ovmer(s) of the property on which the violation is situated. The ovmer(s) of record shall have ninety (90) days to take corrective action. B. [-l Administrative Enforcement. 16.13.210 In addition to any other remedy provided by the [insert entity's name-j's Municipal Code, any provision of this Ordinance may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Section __ of the [insert entity's name-j's Municipal Code. The [insert commission/governing body) shall serve as the administrative enforcement hearing officer for the purposes of considering any appeals. Enforcement -Citation Authority The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations; persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) Chief Building Official; (2) Building Inspection Supervisor; (3) Director of Development Services, and (4) Code enforcement officer. 16.13.220 Public Education (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. The local agencyChief Building Official or designee shall provide information to all applicants regarding the design, installation, management, and maintenance of water-efficient landscapes and irrigation systems. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes that are described in this Ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as 151221 jjs 016-DevServices 36 designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. 16.13.230 Appendices The Development Services department shall maintain, update, and publish the following appendices, which are hereby incorporated into this Ordinance as if set forth fully herein. (a) Reference Evapotranspiration (ETO) Table (b) Water Efficient Landscape Worksheet (c) Certificate of Completion (d) Prescriptive Compliance Option (e) Soil and Grading Design Survey (f) Outdoor Water Efficiency Checklist SECTION 4. Chapter 16.14 (California Green Building Standards Code) of Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended to repeal in their entirety the following sections: A. 16.14.140 Section A4.106.3 Landscape design. B. 16.14.200 Section A4.304.1 Low-water consumption irrigation system. C. 16.14.210 Section A4.304.4 Potable water reduction. D. 16.14.220 Section A4.304.6 Irrigation metering device. E. 16.14.310 Section 5.304.3.2 Irrigation efficiency. F. 16.14.340 Section AS.304.4 Potable water reduction. SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid. 151221 jjs 016-DevServices 37 SECTION 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act ("CEQA"} pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource} and Section 15378(b}(2} (the activity is not a project as it involves general policy and procedure making} of the State CEQA Guidelines since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water-efficient landscapes. SE,CTION 7. The City Council finds and declares that, for the reasons provided in Section 1, this Ordinance is necessary as an emergency measure for preserving the public peace, health, or safety. Pursuant to Palo Alto Municipal Code section 2.04.270(d}, this Ordinance shall take full force and effect immediately upon adoption by a vote of four-fifths of the council members present. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATIEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Development Services Director of Administrative Services 151221 jjs 016-DevServices 38 City of Palo Alto (ID # 6469) City Council Staff Report Report Type: Action Items Meeting Date: 1/19/2016 City of Palo Alto Page 1 Summary Title: CAC/CC Joint - CP DEIR Title: Joint Session with the Citizens Advisory Committee for the Comprehensive Plan Update: Introduction to the Comprehensive Plan Update Draft Environmental Impact Report & Review of Next Steps in the Planning Process From: City Manager Lead Department: Planning and Community Environment Recommendation This is a joint meeting of the City Council and the Citizens Advisory Committee (CAC) for the Comprehensive Plan Update. This joint meeting is intended to introduce the Draft Environmental Impact Report (Draft EIR or DEIR) for the Comprehensive Plan Update in advance of its publication in early February, and to review next steps in the ongoing planning process. No action is required at this meeting, although both the City Council and the CAC will have opportunities to take action regarding the subjects discussed at their regularly scheduled meetings in the coming months. Executive Summary The City of Palo Alto is currently preparing an update to its Comprehensive Plan which will articulate the community’s vision for the future and serve as a policy framework to support decision making about land use, development, and related issues between the date of adoption and 2030. Part of the planning process involves preparation and dissemination of a Draft EIR for public review and the updated Comprehensive Plan cannot be adopted until a Final EIR is prepared. The purpose of this meeting is to give the City Council, the CAC, and other members of the public an introduction to the Draft EIR and to review the ongoing planning process. This brief staff report will be supplemented by a power point presentation and an orientation brochure that will be available at the joint meeting on January 19th. Just to recap, in the past six months, the City Council and the CAC have each met independently to review elements of the existing Comprehensive Plan, review recommendations advanced by City of Palo Alto Page 2 the Planning & Transportation Commission (PTC) in 2014, and receive and review community input. They have each started to craft the vision statements, goals, policies, programs, and narrative that will form the draft of the Comprehensive Plan Update and this work will continue in the coming year. Specifically, the CAC will continue to review policies and programs based on the City’s Council’s direction on vision and goals, and will prepare draft elements for the City Council’s review. The City Council will review the draft work products provided by the CAC and zero-in on key policy questions that require their leadership and direction. The key policy questions that must be examined and resolved in the coming year relate to the amount and pace of non-residential growth between now and 2030, the amount and location of housing growth in the same period, as well as policies and programs related to the type of housing that is created and to potential incentives or regulations necessary to achieve the desired results.1 Other key policy questions relate to the transportation infrastructure investments that the City would like to prioritize, and to the sustainability-based strategies and initiatives the City wishes to embrace. The Draft EIR that is being prepared for public review starting in early February uses four high- level planning scenarios to assess potential impacts of the Comprehensive Plan Update even as the Update is still being developed. The hypothetical scenarios are intended to inform the key policy questions referenced above, and -- as described further in the Discussion section below -- the Comprehensive Plan Update that is ultimately adopted is not expected to be identical to any one of the scenarios, but to draw from one or more of them. Staff anticipates that publication of the Draft EIR and the companion draft fiscal analysis will stimulate comments and questions from the Council, the CAC, and the public, as well as ideas about potentially new or different planning scenarios. These comments, questions, and ideas are all welcome -- and necessary -- to bring the planning process to a close. Our hope is that the discussions, these comments, questions, and ideas stimulate and complement those already underway regarding the Plan vision, goals, policies, programs, and narrative, and directly inform preparation and adoption of a final Comprehensive Plan Update. Background The City’s Comprehensive Plan, Embracing the New Century, Palo Alto 1998-2010 Comprehensive Plan, was adopted in 1998 and sets goals, policies, and programs related to land use and development issues, including transportation, housing, natural resource, community services, and safety. 1 The City adopted an updated Housing Element for the period 2015-2023 in late 2014 and this element contains a list of housing sites sufficient to meet the City’s regional housing needs allocation (RHNA), as well as a list of policies and implementation programs, many of which suggest incentives and regulations for consideration. While there is no need to update the Housing Element again as part of the Comprehensive Plan Update, the City made a commitment to reconsider housing sites along San Antonio and South El Camino as part of the Comprehensive Plan Update (see Housing Element Program H2.2.5). If some sites are eliminated, new sites would have to be added or densities would have to be increased on other exiting sites to ensure continued compliance with State law. City of Palo Alto Page 3 The Planning Process The City recognized the need to update the plan in 2006 and began the process in earnest in 2008, when a consultant was retained to work with staff and the PTC. The PTC’s draft work product was submitted to the City Council in early 2014 and focused on organizational changes to delete redundancies and to make the text more accessible and user friendly. The PTC’s effort attempted to emphasize existing themes of the Plan, ensuring they were represented throughout the document, and to incorporate environmental sustainability issues. The City Council has not reviewed the PTC’s work product in great depth, and instead elected to expand community outreach efforts. City Council meetings in 2014 and 2015 helped to define the scope of this outreach to the public, which included public workshops in 2014 entitled “Growth Management”, “Critical Issues” and “Alternative Futures.” These outreach activities culminated in the May 2015 “Summit” and formation of the CAC. The May 30th Summit was attended by hundreds of residents who provided their thoughts and ideas about their vision of the community related to housing, transportation and growth management. Outputs from the “Summit” provided some of the core materials provided to the CAC, which met for the first time in July. Since July, the City Council has met four times to discuss vision statements and goal structure for each element, and provided that feedback to the CAC for their deliberations. The CAC has met six times and subcommittees related to each element have met three times. The public at large has participated through the use of the “Digital Commenter” tool at Palo Alto Online; the tool allows residents to share their thoughts on specific portions of each element, and comment on already-shared thoughts. Thousands of residents have visited the tool since it was launched in August 2015, and it is a first-of-a-kind instrument to allow this level of engagement. The first completed draft based on this extensive citizen involvement, the City Council’s direction, and the CAC’s work, will be previewed with the City Council on February 1st when the draft Community Services & Facilities Element is provided for review and comment. Concurrently with this significant public engagement process, the City Council recognized that analytical data that reflected the current state of the community, as well as the effect of any land-use decision making, was critical in further informing the update. In August 2014, a Draft Existing Conditions Report was published, providing up-to-date information and analysis on data from current traffic conditions at key intersections and population and other demographics to noise levels and greenhouse gas emission levels. To accompany this report, in December of 2014, the City Council authorized preparation of an impacts study in the form of a Draft EIR to assess the potential impacts and trade-offs associated with the policy choices that will have to be made as the Comprehensive Plan Update planning process moves forward this year. The DEIR was to be structured around high-level City of Palo Alto Page 4 planning scenarios, and was to be accompanied by a fiscal study assessing potential impacts on the City’s general fund. CEQA Requirements & the EIR Process The California Environmental Quality Act (CEQA) is a State law that requires California agencies to identify the potential significant environmental impacts of proposed actions and describe feasible measures that can be taken to avoid or mitigate those impacts. An EIR is required by CEQA when an agency determines that a project may have a significant effect on the environment. An EIR evaluates a proposed project’s potential impacts on the environment, and recommends mitigation measures or alternatives to reduce or eliminate those impacts. Decision-makers use information in an EIR to help determine whether or not to approve a project, and what modifications should be incorporated into the project, if any. In this way, an EIR is used to inform public input and agency decisions; it does not itself constitute a plan or a final decision. The most common type of EIR assesses potential impacts associated with a specific development project. The Comprehensive Plan Update is not a specific development project, and instead constitutes an effort by the City of Palo Alto to determine comprehensive land uses, policies, and programs that will guide public and private decision making regarding land use and development issues over the next 15 years. For the Comprehensive Plan Update, the City is preparing what’s referred to as a “Program Level” EIR, which assesses the potential cumulative impacts of development that may occur during the life of the Plan, considers potential alternatives, and identifies mitigation measures that should be adopted to reduce or avoid significant impacts. This is the same level of environmental analysis that was prepared for the existing Palo Alto 1998-2010 Comprehensive Plan. Preparing a program level EIR for citywide growth allows the City to better identify –and mitigate—cumulative impacts of overall growth that may otherwise be missed in a more focused project-specific environmental analysis. It also allows for development of programmatic mitigation strategies that are not possible in a project-specific analysis, but can be used to address the impacts of development over the life of the updated plan. CEQA specifically requires that a program level EIR be prepared for plans that govern a continuing program. Although the legally required contents of a program EIR are the same as project specific EIR, a program EIR is more conceptual, with a more general discussion of impacts, alternatives and mitigations. CEQA clearance for subsequent projects, such as subsequent rezonings to implement new policies and/or programs, can “tier” off the program EIR, meaning that they can rely on the program level EIR to a limited extent, and focus any new analysis on site-specific impacts or impacts that were not covered in sufficient detail in the program level EIR. Depending on the complexity of the project, subsequent CEQA clearances can include Negative Declarations and Supplement EIRs. An EIR describes the objectives for a proposed project, the location of the project and actions proposed. It evaluates how the existing environment would be changed if the project was City of Palo Alto Page 5 approved and provides feasible mitigation measures or alternatives to avoid or reduce significant adverse changes to existing conditions. An important component of the EIR process provides an opportunity for public input regarding environmental issues and alternatives to be addressed in advance of the Draft EIR’s preparation. This is the “scoping” step that the City undertook in 2014, and public input received during this scoping period has been used during preparation of the DEIR. Specifically, the City issued a Notice of Preparation (NOP) initiating the scoping period for the Comprehensive Plan Update EIR on May 30, 2014. The NOP was published and disseminated for public review, including the State Clearinghouse in conformance with CEQA requirements. An extended comment time period, beyond the mandated 30 days was established to maximize public input. Public agencies were given June 30 as a comment deadline while the general public was given August 6, 2014. Five public scoping meetings were held in the form of three public workshops, one PTC meeting and a City Council hearing. Staff received multiple scoping comments from the public via letters and comments during public hearings, and also received three agency comment letters from the Valley Transportation Agency (VTA), the Bay Area Air Quality Management District (BAAQMD) and the California Department of Transportation (Caltrans). All of these comments have been used in preparation of the Draft EIR. There is another significant opportunity for public input when the Draft EIR is made available for review and comment. The Draft EIR is scheduled to be released in early February for an extended comment period and City staff will actively solicit public comments, as well as comments from the City Council, CAC, and other interested boards and commissions. Because the Draft EIR will present the potential impacts and mitigation associated with a set of high- level planning scenarios, it’s intended to inform the City Council’s selection/creation of a preferred scenario and finalization of the Comprehensive Plan Update. CEQA requires that the City prepare formal, written responses to all substantive comments on the Draft EIR that are received prior to the close of the public comment period. These comments and responses will be published together with required revisions to the DEIR in the form of a Final EIR (FEIR). The City Council is required to review and certify the Final EIR prior to taking action on the project. Discussion As noted above, public agencies are required by CEQA to conduct environmental review to identify significant environmental impacts and adopt feasible mitigation prior to making a final decision on a proposed project. This law ensures that decision-makers and the public understand the implications of agency decisions in advance. CEQA was recently referred to as “the tail that wags the planning dog in California”2 and is an important part of any complex, long-range planning project. 2Page 14 of ”CEQA at 45; Will California Reform its Unique – and Entrenched – Environmental Review Law?” In Planning Magazine, Volume 81, Number 9, October 2015, by William Fulton. Mr. Fulton, who has written the book on planning in California, also notes that CEQA “is wound around every planning process and every planning decision” that is made in the State. City of Palo Alto Page 6 Knowing this, the City Council agreed to use the CEQA process to help advance the Comprehensive Plan Update by assessing high-level planning scenarios that illustrate or test various possible policy decisions in the DEIR as described further below. (See December 8, 2914 minutes at http://www.cityofpaloalto.org/civicax/filebank/documents/47630). Like other EIR’s, the Comprehensive Plan DEIR will have a prescribed structure and terminology for conveying its findings. All EIR’s are required to provide detailed analysis for the environmental resources defined in Appendix G of the State CEQA Guidelines. The topics range from aesthetics and cultural resources to greenhouse gas emissions and transportation. Each of these resource topics is evaluated against significance thresholds to judge the severity of the impact on a scale from no impact to significant unavoidable impact, and to determine when mitigation measures are needed to reduce the severity of the impact. The Comp Plan Update DEIR that will be published at the beginning of February does differ from most EIR’s in that it assesses a number of planning scenarios that are intended to illustrate potential impacts of policy decisions that will have to be made as the Comprehensive Plan Update planning process is completed. By using this innovative approach, the Draft EIR is intended to advance and inform the planning process, and not to dictate what its outcome will be. In keeping with the requirements of CEQA, the Draft EIR will be organized in the following format:  Chapter 1 Executive Summary The executive summary chapter provides an overview of the Comprehensive Plan Update and the four planning scenarios, and then identifies issues to be resolved, areas of controversy, and conclusions of the analysis. A table is provided that summarizes potential impacts and proposed mitigation measures in the horizon year of the plan, which is 2030.  Chapter 2 Introduction The Introduction provides an overview of the Draft EIR and its purpose.  Chapter 3 Project Description This chapter describes the proposed Comprehensive Plan and the four planning scenarios analyzed in the Draft EIR, as discussed further below.  Chapter 4 Environmental Analysis This chapter is organized into 14 sub-chapters, with each one addressing a different resource topic required by the State CEQA Guidelines. Each sub-chapter provides City of Palo Alto Page 7 baseline conditions (usually a description of the existing physical environment), related laws and policies that are in place, the significance thresholds and methodology used for the analysis, and an analysis of the potential impacts, as well as recommended mitigation measures to reduce or eliminate the significant impacts identified. The sub- chapters are as follows: o Aesthetics The aesthetics section reviews aspects of the four planning scenarios that may impact scenic vistas and other resources, as defined in the Comprehensive Plan, such as views of the hills or the Bay. o Air Quality and Community Health Risk The air quality chapter assesses air quality impacts at a plan level in accordance with a methodology developed by the Bay Area Air Quality Management District (BAAQMD). Conclusions of the technical analysis are integrated within the DEIR, with more information in an appendix. o Biological Resources A programmatic evaluation of biological resources in Palo Alto addresses both direct and indirect impacts of potential development during the life of the updated Comprehensive Plan. The EIR assesses potential impacts on listed species, including loss of their habitat, as well as overall conservation of natural resources. o Cultural Resources The DEIR analyzes potential impacts to cultural resources that could result from development during the life of the Comprehensive Plan Update, drawing on the Palo Alto Historical Inventory and other existing cultural resource surveys and documents prepared for the City. o Geology, Soils, and Seismicity This sub-chapter analyzes geologic impacts related to geology, soils and seismicity. It also includes analysis of seismic shaking, liquefaction, erosion, expansive soils, and subsidence. o Greenhouse Gas (GHG) Emissions This section summarizes the most recent community GHG emissions inventory for existing (CEQA baseline) environmental conditions and forecasts GHG emissions at the Comprehensive Plan Horizon year of 2030. The projected change in GHG emissions is compared to CEQA baseline conditions and per-capita thresholds developed by the BAAQMD. The GHG section also discusses the City’s commitment to reducing GHG emissions in accordance with the State’s adopted plans and policies. o Hazards and Hazardous Materials The intent of this sub-chapter is to study potential impacts from hazards and hazardous materials. It analyzes potential risk areas for subsurface contamination, including both soil and groundwater that may potentially affect development and future environmental contamination and/or liability. o Hydrology and Water Quality City of Palo Alto Page 8 This sub-chapter of evaluates potential impacts of development during the life of the Comprehensive Plan Update on hydrology and water quality, including stormwater quality. It includes an overview of relevant federal, State and local regulations as well as a discussion of how these regulations can reduce potential impacts to hydrology and water quality. o Land Use and Planning This sub-section of the EIR describes the existing regulatory framework applicable to land use, as well as existing land uses in the City and its vicinity, and evaluates potential impacts from the four planning scenarios. The evaluation includes a thorough analysis of land use compatibility issues associated with future development under the proposed Comprehensive Plan Update. o Noise This section includes a noise analysis that identifies potential impacts on sensitive land uses associated with development during the life of the Comprehensive Plan Update. The DEIR discusses relevant standards and criteria for noise exposure, and bases the assessment of impacts on federal, State, and local ordinances, policies, and standards. o Population, Housing and Employment This section focuses on the potential for displacement of people or housing and for population growth that could result from development during the life of the Comprehensive Plan Update. Projections of growth (housing and employment) are described for each planning scenario, along with their relationship to regional projections prepared by the Association of Bay Area Governments (ABAG). o Public Services Consistent with CEQA, this section evaluates potential impacts on public services by focusing on the potential need for additional facilities that may have physical environmental impacts. Services considered include fire/emergency medical services (EMS), police services, and schools. o Parks and Recreation The Parks and Recreation section evaluates potential impacts on existing park and recreation facilities based on the anticipated increases in population under each of the planning scenarios. o Transportation and Traffic This section analyzes multiple metrics to assess representative transportation facilities using an updated Travel Demand Model which can project traffic volumes, transit ridership, and walking and bicycling levels for each of the planning scenarios. The metrics used include intersection level of service (LOS), average daily traffic (ADT) and LOS for roadway links, LOS for freeway segments and volume/capacity for freeway ramps, Vehicle Miles Travelled (VMT), VMT per capita, and more. o Utilities and Service Systems City of Palo Alto Page 9 The City of Palo Alto is the only municipality in California that operates a full suite of City-owned utility services. The DEIR provides current regulatory agency context, references, and requirements, as well as a description of existing utility and service systems within the city, including current operations, capacity, and facility locations and a comprehensive analysis of potential impacts related to wastewater, water, stormwater, natural gas, energy and solid waste systems associated with development expected over the life of the Comprehensive Plan Update. In virtually all cases, the sub-chapters include mitigation measures that identify specific issues that could or should be addressed by policies and programs in the Comprehensive Plan Update or that require adoption of programmatic mitigation measures to address the impacts of development during the life of the Comprehensive Plan Update.  Chapter 5 Significant Unavoidable Adverse Impacts The purpose of this chapter is to summarize all the significant and unavoidable impacts identified in the previous chapter. At present, it’s anticipated that some or all of the planning scenarios will have unavoidable impacts related to transportation, air quality, and greenhouse gas emissions. This is due in large part to the City’s inability to address issues that are regional and State-wide in scope. Mitigation measures are suggested to address the issues to the extent feasible and include some potentially far-reaching programmatic measures to limit new single occupant vehicle trips and reduce greenhouse gas emissions over time.  Chapter 6 Alternatives The Draft EIR assesses four planning scenarios at an equal level of detail, including a “business as usual” scenario which assumes the current Comprehensive Plan remains in place. In addition, the DEIR includes an alternative chapter which describes two conceptual alternatives at a lesser level of detail. One alternative is a true “no build” alternative as required by CEQA for all EIRs, and one is a potential hybrid alternative combining the slow growth policies of some scenarios (Scenarios 2 and 3) with the sustainability-minded policies of another (Scenario 4).  Chapter 7 CEQA Mandated Sections This chapter discusses growth inducement, cumulative impacts and other topics mandated by the CEQA Guidelines.3  Chapter 8 Organizations and Persons Consulted A list of all organizations and persons who provided input for the EIR is provided. 3 While the analysis in Chapter 4 assesses the impact of cumulative development assumed under each planning scenario during the life of the Comprehensive Plan Update, this chapter focuses on cumulative impacts of the Comprehensive Plan Update in combination with reasonably foreseeable past, present, and future actions outside of Palo Alto. City of Palo Alto Page 10  Appendices The appendices include technical studies, the Notice of Preparation and public/agency comments. The Planning Scenarios At the core the forthcoming Draft EIR are four high level planning scenarios that were designed to test a range of possible land-use, transportation, jobs and housing choices that must be made before the Comprehensive Plan Update is completed, and to the show what the impacts of those possible choices would be. The four planning scenarios were designed to be simple in nature and to inform the following choices:  How much non-residential growth should the City plan for, and should the City moderate the pace of office/R&D growth?  How much housing growth should the City plan for, and should the City eliminate housing sites on San Antonio and South El Camino in exchange for increased densities or new sites in transit-served areas with more neighborhood services?  What major transportation investments should the City plan for?  What sustainability measures should the City pursue to address the impacts of growth and reduce greenhouse gas emissions? Importantly, the four scenarios are not meant to dictate specific policies or their implementation and any mention of a specific potential policy is merely to provide examples and not be prescriptive. It may be possible to find other policies that meet the needs of the concepts tested and achieve similar results, just as it may be possible to frame an additional scenario to represent the final resolution of the policy choices listed above. The four scenarios also do not reflect staff’s preference; they are simply snapshots of a collection of land-use decision concepts grouped together to generate data. For some, the scenarios may not go “far enough” exploring potential land-use decisions, and for others, the scenarios may not hit the mark in combining land use and transportation choices. Whether or not this is the case, the analysis of the scenarios shows a wide set of data that could lead to consideration of bolder ideas or alternate combinations and permutations of the elements described. It is expected that after review of the data from these four scenarios the City Council may “pick and choose” elements from each scenario, incorporate new concepts not envisioned, or reject other ideas outright to create a new blueprint for future land-use decisions. If the preferred plan that is ultimately considered for adoption clearly falls within the ideas and impacts described in this DEIR, this will be explained in the Final EIR and reflected in the CEQA findings that appear in the resolution adopting the final plan. If the preferred plan falls outside the range that’s analyzed in the Draft EIR or is substantially different than what is described, then a supplement to the Draft EIR will precede preparation of the Final EIR. City of Palo Alto Page 11 The four scenarios are: 1. “Business As Usual” – the “business as usual” scenario shows the results if the City continued to operate under the existing Comprehensive Plan with no changes to goals, policies and programs. Any new housing built would be constructed under existing zoning and no innovations in housing or new approaches to address the high cost of housing would be explored. No new growth management measures are anticipated, and any transit or traffic improvements would come from the existing infrastructure plan for the City. This scenario uses a local forecast of housing growth based on the City’s past performance (a long term average of about 145 new dwelling units per year), and ABAG’s 2013 projection of job growth.4 2. Scenario Two, or the “Growth Slowed” Scenario, would slow the pace of job growth when compared with Scenario One by moderating the pace of office/R&D development throughout the city. Scenario Two would also ensure that the modest amount of housing growth expected under Scenario One would be built-out as small units and other housing types appropriate for seniors and the Palo Alto workforce. Transportation investments in this scenario would include implementation of the County’s expressway plan. 3. Scenario Three, or the “Housing Reconsidered” Scenario, would implement a growth management regime similar to the interim annual limit on office/R&D adopted by the City Council in 2015 for the fastest changing areas of the City and would eliminate housing sites along San Antonio and South El Caminio. In place of these housing sites, Scenario 3 would increase housing densities on sites Downtown, near California Avenue, and in other locations in the City close to transit and services. Policies, regulations, and incentives would be designed to ensure smaller units for the working professional and senior populations of the City. Transportation investments would include grade separating the Caltrain crossings at Meadow and Charleston by placing the railroad tracks in a trench. 4. Scenario Four, or the “Sustainability Tested” Scenario, assumes the most growth in housing and employment, consistent with ABAG projections. Rather than moderating the pace of development, this scenario would seek to limit the impacts of development. Potential policies and regulations would be enacted to advance sustainability objectives, including free transit passes for residents in transit-served areas, achieving LEED platinum certification for new development, maximizing local solar energy production, foregoing new natural gas hookups, and utilizing drought-tolerant landscaping. Transportation investments would include grade separating the Caltrain crossings at Meadow and Charleston by placing the railroad tracks in a trench, and incorporating 4 The City does not have the basis for a local forecast of job growth, and will have to rely on ABAG’s forecast until the new business registry provides useful trend data. City of Palo Alto Page 12 mix flow bus rapid transit on El Camino Real (with curbside stations and queue jumping for transit vehicles). Timeline The joint meeting on January 19, 2016 will be followed by publication of the DEIR in early February 2016. A draft fiscal analysis of the impacts related to the need for increased City service as a result of the adoption of a new Comprehensive plan will also be published in this timeframe. The public will have at least 60 days to provide written or emailed comments on the Draft EIR and staff will schedule agenda items at the CAC, City Council, and other boards and commissions to receive oral input. As shown in the draft schedule included as Attachment A, CAC meetings are likely to continue through next year. During the same period, the City Council will have multiple meetings to provide direction, and a Draft EIR will be prepared, along with a fiscal analysis, both of which will provide data and analysis to inform Council and community discussions. The Council is expected to review the existing Housing Element in late February, 2016, and provide comments on the fiscal analaysis in March. The Council will also continue discussions on Policy L-8 (the City’s primary growth manangement element in the existing Comprehensive Plan) during that timeframe. A revised draft Comprehensive Plan Update will be prepared for consideration by the City Council by the end of 2016/early 2017. Resource Impact General plan updates are significant undertakings for any jurisdiction and since 2008, the City of Palo Alto has invested time and resources in the project. The need to allocate multiple members of City staff, significant time on the City Council’s agenda, and financial resources for consultant assistance and event/meeting programming will continue until the adoption of the updated Comprehensive Plan and its companion environmental document. Policy Implications The City’s Comprehensive Plan sets forth the City’s policies with regard to the topics addressed. The structure comprised of vision statements and goals will inform discussions regarding updated policies and programs. Environmental Review Adoption of an updated Comprehensive Plan requires the preparation and certification of a program-level Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA). Attachments:  Attachment A: CAC/Council Revised Timeline (DOCX) Comprehensive Plan Update Revised DRAFT Schedule Attachment A Showing Citizens Advisory Committee & City Council Meetings/Interaction Revised August 19, 2015 -- Page 1 *All dates and topics subject to change. Additional joint meetings for discussion or City Council direction to the CAC may be scheduled as needed. Citizens Advisory Committee (CAC) Schedule of Meetings & Topics Date* City Council Schedule of Comp Plan Discussions  Selection of Chair/Vice Chair (Action)  Adoption of meeting schedule and CAC ground rules (Action) July 14  Community Services & Facilities Element Policies & Programs (Discussion) Aug 11 Aug 17  CAC membership, ground rules & schedule Aug 31  Additional CAC appointments  Comp Plan Structure & Goals/Vision Statements Part I (Transportation Element)  Revision to Ground Rules RE: Co-Chairs (Action)  Discussion of City Council Direction Regarding Schedule and Subcommittees (Discussion)  Transportation Element Part I Policies & Programs (Discussion) Sep 8 Sep 21  Adoption of Interim Ordinance Establishing an Office Annual Limit in Portions of the City  Ground Floor Retail Preservation Ordinance Regarding Cal Avenue Area Oct 5  Comp Plan Structure & Goals/Vision Statements Part II (Community Services & Facilities Element)  Transportation Element Part II Policies & Programs (Discussion) Oct 20 Nov 2  Comp Plan Structure & Goals/Vision Statements Part III (Land Use & Community Design Element incl. Growth Management Policies) Nov 16  Comp Plan Structure & Goals/Vision Statements Part IV(Safety and Noise, Natural Environment and Business & Economics Elements)  Community Services & Facilities Draft Element Recommendations (Action) Nov 17  Land Use & Community Design Element Part I – Planning meeting Dec 15 January 19 – JOINT MEETING – Introduction to Draft EIR  Transportation Draft Element Recommendations Part 1 (Action) Jan 26 Feb 1  Review of CAC work on Community Services & Facilities Element  Transportation Draft Element Recommendations Part II (Action) Feb 16 Feb 22 – JOINT MEETING – Housing Element Policy Discussion  Land Use & Community Design Element Part II Policies & Programs (Discussion) Mar 15 Comprehensive Plan Update Revised DRAFT Schedule Attachment A Showing Citizens Advisory Committee & City Council Meetings/Interaction Revised August 19, 2015 -- Page 2 *All dates and topics subject to change. Additional joint meetings for discussion or City Council direction to the CAC may be scheduled as needed. Citizens Advisory Committee (CAC) Schedule of Meetings & Topics Date* City Council Schedule of Comp Plan Discussions Mar 21  Review of CAC work on Transportation Element  Land Use & Community Design Element Part III Policies & Programs (Discussion) Apr 19  Natural Environment Element Policies and Programs (Discussion) May 17 June 6  Review of CAC work on Land Use Element  Land Use & Community Design Draft Element Recommendations (Action) June 21  Safety and Noise Element Policies & Programs (Discussion) July 19  Natural Environment Draft Element Recommendations (Action) Aug 16  Business & Economics Element Policies & Programs (Discussion) Sept 20 Oct 3  Review of CAC work on Natural Environment & Safety and Noise  Safety Draft Element Recommendations (Action) Oct 18  Business & Economics Element Policies & Programs (Action) Nov 15  Implementation Plan (Discussion/Action)  Putting it all together/Final Thoughts and Recommendations (Discussion/Action) TBD REVISED DRAFT COMP PLAN DISSEMINATED FOR PUBLIC REVIEW (Starting in December) February 2017  Final Review of Transportation Element March  Final Review of Land Use Element March  Final Review of Natural Environment and Safety Elements April  Final Review of Business & Economics, Community Services & Facilities Elements April  Review of Implementation Plan May  Final Review of City Council’s Changes & Errata UPDATED COMP PLAN & FINAL EIR ADOPTED May 2017 CITY OF PALO ALTO TO: FROM: CITY OF PALO ALTO MEMORANDUM HONORABLE CITY COUNCIL Item No. 6 CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT AGENDA DATE: JANUARY 19, 2016 ID#: 6469 SUBJECT: JOINT SESSION WITH THE CITIZENS ADVISORY COMMITTEE FOR THE COMPREHENSIVE PLAN UPDATE: INTRODUCTION TO THE COMPREHENSIVE PLAN UPDATE DRAFT ENVIRONMENTAL IMPACT REPORT & REVIEW OF NEXT STEPS IN THE PLANNING PROCESS Please find attached the Comprehensive Plan Update .orientation booklet about the Draft EIR which was described in the staff report initially sent to you in your packet of January 7th. Thank you. City Manager Attachment OUR PALO ALTO 2030 An Orientation to the Planning Process and the Draft Environmental Impact Report January 2016 CONTENTS 1. Palo Alto’s Comprehensive Plan 4 2. The Comprehensive Plan Update 6 3. The Citizens Advisory Committee 7 4. Key Issues to Resolve in the Comprehensive Plan Update 8 5. The Draft Environmental Impact Report (EIR) 10 6. Four Scenarios 12 »Scenario One »Scenario Two »Scenario Three »Scenario Four »Overview of Metrics & Key Findings 7. What Happens Next 16 3 1 The Plan fulfills the State requirement that the City adopt a General Plan to serve as its constitution, with internally consistent goals and policies that reflect the community’s priorities regarding land use, circulation, conservation, housing, open space, noise, and safety. The Plan provides a foundation for the City’s development regulations, capital improvements program, and day-to-day decisions. Made up of chapters or “elements” addressing the subjects shown below, the City’s current Comprehensive Plan was forward-looking when it was developed in the late 1990s, and remains a model plan, envisioning walkable neighborhoods, expansive public services and protected open spaces, and distinct employment centers. Our current plan “strives to build a coherent vision of the City’s future from the visions of a diverse population… integrating the aspirations of the City’s residents, businesses, neighborhoods, and officials into a bold strategy for managing change.” It contains goals, policies, and implementation programs designed to achieve the overall vision of building community and neighborhoods, maintaining and enhancing community character, reducing the impacts of cars on the City, meeting housing supply challenges, protecting and repairing our natural environment, and meeting residential and commercial needs. Many of the plan’s goals, policies, and programs are still valid today, although some of the implementation actions have been completed, and some of the goals, policies, and programs require reevaluation given the passage of time since the Plan’s adoption. PALO ALTO’S COMPREHENSIVE PLAN The Comprehensive Plan is the primary tool for guiding preservation and development in Palo Alto. It is a policy document that builds on shared community values and aspirations to guide preservation and to manage growth and change. 4 State-Mandated Element *The Comp Plan includes governance and implementation chapters that go beyond the State-required elements to affirm Palo Alto’s commitment to public participation in decision- making and outline in support of accomplishing the Comprehensive Plan’s goals. Current Comprehensive Plan Our Palo Alto 2030 LAND USE LAND USE & COMMUNITY DESIGN LAND USE & COMMUNITY DESIGN CIRCULATION TRANSPORTATION TRANSPORTATION HOUSING HOUSING HOUSING OPEN SPACE CONSERVATION NATURAL ENVIRONMENT, SAFETY & NOISE NATURAL ENVIRONMENT SAFETY NOISE SAFETY & NOISE BUSINESS & ECONOMICS BUSINESS & ECONOMICS COMMUNITY SERVICES & FACILITIES COMMUNITY SERVICES & FACILITIES To learn more about the Comp Plan and view the current, adopted elements visit www.paloaltocompplan.org. 5 2 BACKGROUND City Staff and consultants started work with the Planning and Transportation Commission (PTC) in late 2008 to review each Element and to shape conceptual plans for the California Avenue/Fry’s and the East Meadow Circle/Fabian Way areas. The PTC provided their recommendations to the City Council in early 2014 and the Council elected to undertake an extensive public engagement process, recognizing that the Comprehensive Plan Update provided an opportunity to build community and forge a collective vision for the future of Palo Alto. COMMUNITY ENGAGEMENT The public engagement process included a series of public workshops in the summer of 2014, and a summit on May 30th, 2015, where over 300 Palo Alto residents, business people, community leaders, and elected officials gathered to weigh in on key issues related to Transportation, Growth Management, and Housing. Thoughts and ideas collected at the Summit were later compiled into themes and analyzed by a team from Stanford University in preparation for the primary, and ongoing, process for community engagement, the Citizens Advisory Committee (CAC) process. The plan revisions that are currently underway will build on the work completed by the PTC in early 2014 and bring all of the Plan chapters or “elements” up to date, address changing demographic, economic, and environmental conditions, and look forward to 2030, when the world may be a very different place. THE COMPREHENSIVE PLAN UPDATE Since the Comprehensive Plan was last updated holistically in the late 1990s, the Bay Are region has experienced two major economic downturns and three periods of extended economic growth; the cost of housing has risen by 47 percent1; climate change has become a major concern; our community has seen an increase in the number of seniors; and innovation has brought a sharing economy to all of us. These changes are projected to continue, with increases in population and employment throughout the region, as well as the increases in traffic and continued challenges associated with long commutes and a limited supply of housing that is affordable to the region’s work force. To address all of these challenges and more, a comprehensive plan update is not only required; it’s essential. Other City Plans to be incorporated by reference: »Baylands Master Plan »Urban Forest Master Plan »Parks Trials and Open Space Master Plan »Urban Water Management Plan »Sustainability/Climate Action Plan »Local Hazard Mitigation Plan »Emergency Operations Plan »Public Arts Master Plan The Housing Element was updated separately in 2014 to meet a State-imposed deadline and will not be reexamined in depth, although the Comprehensive Plan Update will consider the potential replacement of housing sites along San Antonio Road and South El Camino Real, and may expand on adopted housing policies and programs if desired. 1 Silicon Valley Index, “Trends in Home Sales - Median Sale Price and Number of Home Sales,“ November, 2013 To see the schedule of CAC meetings, visit www.paloaltocompplan.org/cac/citizens-advisory-committee/. 3THE CITIZENS ADVISORY COMMITTEE The Citizens Advisory Committee (CAC) is made up of 22 voting members of the Palo Alto community, and 3 non-voting members representing community organizations, who believe strongly in the City’s future and vitality. The CAC is charged with advising the City Council on suggested changes to the existing Comprehensive Plan’s programs and policies after the Council has set the structure of the goals. Each member is spending tens of hours participating in meetings and reviewing thousands of pages of documents. The CAC is reviewing and assimilating broad community input on the plan and advising staff on revised plan language by actively engaging with their neighbors, friends, colleagues and other residents and applying their own knowledge and community understanding to the process. At each CAC meeting, members discuss individual elements of the existing Comprehensive Plan, challenges from traffic to housing, and concepts not yet part of the plan such as sustainability and climate change, and make recommendations on proposed changes. Having first met in July 2015, the CAC is well into their 18 month long process, and will continue to meet on each element of the comprehensive plan until the end of 2016. It is anticipated that the CAC will meet as a group or in subcommittees more than 35 times before the end of their activities. »»Len Filppu »»Daniel Garber »»Annette Glanckopf »»Jennifer Hetterly »»Hamilton Hitchings »»Jared Jacobs »»Arthur Keller »»Shani Kleinhaus »»Lydia Kou »»Steve Levy »»Don McDougall »»Julia Moran »»Mark Nadim »»Bonnie Packer »»Lisa Peschcke-Koedt »»Alex Van Riesen »»Amy Sung »»Doria Summa »»Jason Titus »»Elaine Uang »»Ellen Uhrbrock »»Bob Wenzlau »»Whitney McNair, Stanford University »»Adrian Fine, Planning & Transportation Commission »»Heidi Emberling, Palo Alto Unified School District CAC MEMBERS 7 4 KEY ISSUES TO RESOLVE IN THE COMPREHENSIVE PLAN UPDATE The planning process that is currently underway will examine and update as needed all of the vision statements, goals, policies, programs, and narrative of the existing Comprehensive Plan. While much of the Plan is expected to remain unchanged, many individual components need updating and some components may be deleted or added. While most of the changes are likely to be small clarifying changes and updates, there are several key policy issues that will have to be addressed in the Plan’s updated policies and programs. These are briefly described below. GROWTH The current Comprehensive Plan limits the amount of net new non-residential square footage in “monitored areas” of the city to approximately 3.2 million. While this amount of development has not yet occurred, certain commercial districts are changing faster than anticipated and employment growth since the great recession has contributed to traffic congestion and increased parking demand. The Comprehensive Plan Update provides an opportunity to address this issue and establish policies regarding the amount of non-residential development expected by 2030 and/or the pace of non-residential development. Policies can also address the preservation of ground floor retail, the desired diversity of neighborhood services, and other related issues. HOUSING The Housing Element adopted in late 2014 identified housing sites sufficient to accommodate the City’s Regional Housing Needs Allocation (RHNA)*, including sites along San Antonio Road and South El Camino Real. The Comprehensive Plan Update provides an opportunity to consider whether these sites should be retained, replaced by new sites closer to transit and services, or removed in exchange for increased densities on other existing housing sites. The Comprehensive Plan Update can also consider whether to add to the policies and programs in the Housing Element that outline affordable housing incentives and the desire for a diversity of housing types designed to meet the needs of Palo Altans, including those who are not benefiting from the region’s booming economy. * The RHNA is a number issued to every city and county by the State and the the local Metropolitan Planning Organization (for Palo Alto, ABAG) indicating the jurisdiction’s fair share of the overall Statewide housing need.8 TRANSPORTATION The current Comprehensive Plan provided a strong foundation for expansion of the City’s infrastructure for bicycles and pedestrians, and set a goal for reducing reliance on Single Occupant Vehicles that has been moderately successful when you consider the increased percentage (not the total number) of commuters taking transit. The Comprehensive Plan Update provides an opportunity to review and strengthen the City’s policies and set new priorities related to transportation programs and capital investments. Specifically, the Plan can provide a foundation for updates to the City’s shuttle system and for advocacy related to enhanced regional transit. The Plan can also address new rideshare services that were not around in 1998, and prioritize investments in Caltrain grade separations. SUSTAINABILITY The current Comprehensive Plan was drafted before climate change became the concern it is today. The Comprehensive Plan Update provides an opportunity to craft a policy framework related to climate change and environmental sustainability more generally. The Sustainability/Climate Action Plan being prepared in parallel to the Comprehensive Plan Update will outline specific strategies that are expected to complement and advance new policies in the Comprehensive Plan Update. In crafting both plans, the City will have to evaluate the costs and effectiveness of strategies to achieve “net zero” greenhouse gas emissions from new development, as well as the appropriate incentives and requirements to provide existing land uses. 2000 75%Percentage of commuters in Palo Alto who drove alone California Statewide Emission Goals: 2013 65% 2050204020302020201020001990 0 400 300 200 100 MM T C O 2E 500 »»1990 levels by 2020 »»40% below 1990 by 2030 »»80% below 1990 by 2050 9 “CEQA is still the tail that wags the planning dog in California… It is wound around every planning process and every planning decision” – William Fulton, author of Guide to California Planning THE DRAFT ENVIRONMENTAL IMPACT REPORT Under State Law, public agencies are required to conduct environmental review prior to making a final decision on a proposed project. This law, the California Environmental Quality Act (CEQA), is designed to ensure that the public and decision-makers understand the potential environmental impacts of a proposed action and take steps to mitigate or avoid impacts deemed significant where feasible. 5 ENVIRONMENTAL REVIEW PROCESS To comply with CEQA, the City is preparing a Draft Environmental Impact Report (EIR) that will be published and disseminated in the first week of February 2016. The Draft EIR was prepared based on public “scoping” comments received in mid- 2014 and is itself an opportunity for public review and comment. All substantive comments received on the Draft EIR, must be responded to in a Final EIR, which will be presented to the City Council for certification at the same time the Comprehensive Plan Update is considered for adoption (likely in the first half of 2017). Like other EIRs, the Comprehensive Plan Update Draft EIR has a prescribed structure for conveying its findings and provides an analysis for environmental resource topics listed in Appendix G of the State CEQA Guidelines. These topics range from aesthetics and cultural resources to greenhouse gas emissions and transportation. Each is evaluated against significance thresholds listed in the Draft EIR, which also explains existing plans and regulations that apply in each subject area. EIR Process Public Review Period for Draft EIR = Opportunities for Public Input Notice of Preparation(NOP)Response to Comments and Final EIR prepared City Council Hearing City Council Certifies the EIR and Approves the Plan Scoping Period Environmental Review Draft EIR Published 10 ROLE OF THE SCENARIOS IN THE EIR Because the Comprehensive Plan Update that is analyzed in the Draft EIR is still very much a work in progress, the document takes an innovative approach, describing four simplified planning scenarios that grew out of a public workshop in mid-2014. This approach recognizes that the EIR process can be an effective way to inform the policy choices inherent in the Comprehensive Plan Update. By analyzing scenarios that show various levels of growth, and their subsequent impacts on housing, traffic, job creation, and the environment, the Draft EIR provides the City Council and the CAC with quantitative data and qualitative findings they can use in their deliberations. Also, while the four scenarios are at the core of the Draft EIR, the preferred scenario that is ultimately adopted as the Comprehensive Plan Update is not expected to be identical to any one of them. Instead, the Comprehensive Plan Update is expected to draw from the scenarios and the data/analysis the Draft EIR provides. PROGRAMMATIC REVIEW Like the EIR that was prepared for the current Comprehensive Plan, the February 2016 document will be a program-level EIR, and not a project-level EIR. A program- level EIR looks broadly at the implications of a wide range of actions, and does not provide detailed, site-specific environmental impacts for each action. This means that the EIR will assess the potential impacts of all development projected to occur during the life of the Comprehensive Plan Update (generally between 2015 and 2030), and identify programmatic mitigation measures necessary to address potential impacts. Individual development projects that are proposed after the Comprehensive Plan Update is adopted would have to comply with these programmatic measures and assess their potential impacts at a greater, site-specific, level of detail. 11 FOUR SCENARIOS6 SCENARIO 1 – BUSINESS AS USUAL The first scenario reflects a State requirement to consider a “no project” alternative. In this scenario, the City would not update its Comprehensive Plan, and would continue to operate under the existing plan with no changes to goals, policies and programs. Any new housing built would be constructed under existing zoning and no innovations in housing or new approaches to address the high cost of housing would be explored. No new growth management measures are anticipated, and any transit or traffic improvements would come from the existing infrastructure plan for the City. This scenario uses a local forecast of housing growth based on the City’s past performance (a long term average of about 145 new dwelling units per year), and ABAG’s† 2013 projection of job growth. SCENARIO 2 – SLOWING GROWTH The second scenario is designed to be the most aggressive on slowing the pace of job growth in the City while testing concepts that encourage smaller housing units more appropriate for the city’s workforce and its aging population than units that might be built under the “business as usual” scenario. Specifically, Scenario 2 would use a City-wide annual limit on new office/R&D development or another mechanism to control the pace of job growth and change in the City’s commercial districts and job centers. No new housing sites not already identified in the Housing Element would be identified, and permitted residential densities would remain unchanged. Ongoing investments in the City’s bicycle and pedestrian network would continue, but there would be no new transportation or transit initiatives except for improvements to the regional expressway system identified by in the County Expressway Plan. The four scenarios at the core of the DEIR were developed based on input received at meetings during the summer of 2014 to test several approaches to the key issues outlined earlier. Analysis of the four scenarios has created data sets that show, at the city-wide level, what impacts may occur during the life of the Comprehensive Plan Update. This data is a starting place to understand how various possible policies and decisions may affect the city, and is intended to inform development of a final Comprehensive Plan Update. When reviewing the four scenarios and the Draft EIR’s findings, please keep the following in mind: the scenarios explore potential policy changes that have not yet been made by the City Council and incorporate some concepts that may not ultimately have Council or community support. Also, there are undoubtedly other scenarios that could have been included to manage growth differently or to Net Growth Projection City City + SOI Hsg Units 2,720 3,880 Population 6,600 9,405 Jobs 15,480 15,870 Net Growth ProjectionCityCity + SOI Hsg Units 2,720 3,880 Population 6,600 9,405 Jobs 9,850 10,240 For all scenarios, CEQA requires that the EIR consider Palo Alto’s Sphere of Influence, or SOI, as the EIR Study Area. †The Association of Bay Area Governments (ABAG) is the Metropolitan Planning Organization responsible for regional planning in the 9-county Bay Area City Limits SOI SCENARIO 3 – HOUSING TESTED The third scenario would implement a growth management regime similar to the interim annual limit on office/R&D adopted by the City Council in 2015 for the fastest changing areas of the City and would eliminate housing sites along San Antonio and South El Caminio. In place of these housing sites, Scenario 3 would increase housing densities on housing sites Downtown, near California Avenue, and in other locations in the City close to transit and services. Policies, regulations, and incentives would be designed to ensure smaller units for the working professional and senior populations of the City. Transportation investments would include grade separating the Caltrain crossings at Meadow and Charleston by placing the railroad tracks in a trench. SCENARIO 4 – SUSTAINABILITY TESTED The fourth scenario assumes the most growth in housing and employment, consistent with ABAG’s 2013 projections. Rather than moderating the pace of development, this scenario would seek to limit the impacts of development and policies and regulations would be enacted to advance sustainability objectives. Similar to Scenario 3, housing sites along San Antonio and South El Camino would be eliminated, but in this case the sites would be replaced by new sites along the El Camino Real frontage of the Research Park and the Shopping Center. Significant investments would be made in transit services and incentives, including free transit passes for residents in transit-served areas, and major transportation investments would include grade separating the Caltrain crossings at Meadow and Charleston by placing the railroad tracks in a trench, and incorporating mix-flow bus rapid transit on El Camino Real. test other concepts; inclusion or non-inclusion of specific ideas within each scenario does not indicate preferences of the staff or CAC; their presence is solely to provide the method to produce data that can be used to make informed decisions. Public comments on the Draft EIR and the four scenarios are welcomed (necessary!) and will be addressed in a Final EIR. It is expected that the City Council will ultimately adopt a Comprehensive Plan Update that represents a combination of the scenarios based on the public input received. None of the scenarios tested in the Draft EIR propose changes to land use designations in the Comprehensive Plan, and all would retain policies that are designed to preserve single family residential neighborhoods and the quality of life in Palo Alto. The summaries below describe just some of the other features of each scenario. Please consult the Draft EIR for more information. Net Growth Projection City City + SOI Hsg Units 3,545 4,710 Population 8,435 11,240 Jobs 12,755 13,145 Net Growth ProjectionCityCity + SOI Hsg Units 4,420 5,580 Population 10,455 13,260 Jobs 15,480 15,870 In early February 2016, the Draft EIR will be available at www.paloaltocompplan.org. 13 OVERVIEW OF METRICS & KEY FINDINGS The tables provided over the next two pages summarize some of the metrics used to describe each of the four planning scenarios and their impacts in the year 2030. Much more data will be available in the Draft EIR that will be available in the first week of February. A handful of key finding are summarized below: »»ABAG projects that the County of Santa Clara will increase in population by 310,800 over the life of the updated Comprehensive Plan, and is likely to see significant job growth (14 percent), even if Palo Alto adopts growth management strategies to moderate the pace of new office/R&D development. »»Eliminating housing sites along San Antonio and South El Camino Real and replacing them with higher densities on other sites or new sites along El Camino Real would not dramatically alter the impacts of City- wide growth, although there may be differences near the sites in question. From a policy perspective, higher densities and sites that are closer to transit and services generally yield more housing units. »»Traffic congestion measured in terms of intersection, roadway, and freeway level of service (LOS) is projected to increase by 2030, as will daily Vehicle Miles Travelled (VMT). However, VMT per capita will go down, particularly if the City and the region make significant investments in transit services and incentives. »»Programmatic mitigation measures can require new development to implement enforceable Transportation Demand Management (TDM) plans and meet specific standards. They can also potentially require payment of fees to address the impact of residual single occupant vehicle trips that contribute to peak period traffic congestion. »»Demand for new park space will increase over the life of the Comprehensive Plan as the ratio of park acres per resident decreases. »»Greenhouse gas emissions (GHGs) are expected to decrease almost 20 percent over the life of the Comprehensive Plan, and with adoption of an S/CAP, can meet or exceed the State’s goal of reducing GHG emissions 40 percent below 1990 levels by 2030. »»There may be a desire to explore a potential hybrid of one of the slow growth scenarios (Scenarios 2 and 3) and the pro-transit, sustainability-based elements of Scenario 4, as discussed in the Alternatives chapter of the Draft EIR. Source: Hexagon Transportation Consultants, Inc., 2015. Reflects emissions from both City and SOI. Estimates are before mitigation. Existing and 2030 Vehicle Miles Traveled (VMT) DAILY VMT VMT PER CAPITA EXISTING 6,391,293 34.8 SCENARIO 1 7,110,437 34.0 SCENARIO 2 6,897,508 33.9 SCENARIO 3 7,000,886 33.6 SCENARIO 4 6,932,573 32.514 2030 GHG Emissions (metric tons of CO2 equivalents per year) 2030 GHG EMISSIONS (MTCO2E/YEAR) SCENARIO 1 SCENARIO 2 SCENARIO 3 SCENARIO 4 TOTAL COMMUNITY EMISSIONS 494,450 485,707 489,074 491,095 CHANGE FROM EXISTING -106,550 -115,301 -111,934 -109,913 PERCENT CHANGE FROM EXISTING -18%-19%-19%-18% MTCO2E PER WORKER + RESIDENT 2.39 2.41 2.37 2.33 ACHIEVES BAAQMD GHG PLAN-LEVEL THRESHOLD?YES YES YES YES Source: PlaceWorks, 2015. Reflects emissions from both City and SOI. Estimates are before mitigation. In early February 2016, the Draft EIR will be available at www.paloaltocompplan.org. Scenario Comparison SCENARIO 1 SCENARIO 2 SCENARIO 3 SCENARIO 4 CITY CITY + SOI CITY CITY + SOI CITY CITY + SOI CITY CITY + SOI HOUSING UNITS 2,720 3,880 2,720 3,880 3,545 4,710 4,420 5,580 POPULATION 6,600 9,405 6,600 9,405 8,435 11,240 10,455 13,260 JOBS 15,480 15,870 9,850 10,240 12,755 13,145 15,480 15,870 Park Acreage Per Capita Existing 0 10050 Scenario 1 Scenario 2 Scenario 3 Scenario 4 63.2 46.0 46.0 45.1 44.1 Source: PlaceWorks, 2015. 15 WHAT HAPPENS NEXT DRAFT EIR In early February 2016, the Draft EIR will be available at www.paloaltocompplan.org. Please review the Draft EIR when it becomes available and provide your comments by the end of the public review period to: The Draft EIR and the draft fiscal study that accompanies it are intended to spur additional conversation in the community about Palo Alto’s future – they are not intended to prescribe a particular tool or strategy. Just because a scenario doesn’t go as far as one may want on growth management, or doesn’t embrace more housing does not mean that these concepts could not be included in the Comprehensive Plan; in fact, we hope that the high level planning scenarios analyzed in the Draft EIR and the draft fiscal study are the starting place for a further discussion of these important issues. 7 ELENA LEE, SENIOR PLANNER City of Palo Alto Department of Planning and Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 Tel. (650) 617-3196 Email: elena.lee@cityofpaloalto.org 16 20 1 7 20 1 4 20 1 5 20 1 6 User’s Guide » Baseline Data Report » Website Update » NOP Released » Community Meetings » Online Engagement » Alternative Futures » The Summit » CAC Meetings » Online Engagement » Public Meetings » Additional Public Review » Incorporation of Comments » Public Hearings » Online Companion Draft Plan & EIR Lead-In Final Plan & EIR Visioning CITIZENS ADVISORY COMMITTEE Also throughout 2016, the Citizens Advisory Committee will continue to meet, drafting each element of the Comprehensive Plan Update based on the guidance received from the City Council during the latter half of 2015. The City Council will also be meeting to discuss the key policy issues that will need to be resolved in the Comprehensive Plan Update, and to review the CAC’s draft elements. It is anticipated that a final draft Comprehensive Plan will begin its final public vetting early in 2017, and will contain an implementation chapter prioritizing the implementation programs from each element of the Plan. An updated “governance” chapter or users guide will explain how the plan should be used and amended. You can get involved in the Comprehensive Plan Update process online or in person. Check the project website for opportunities to comment on draft documents and attend public meetings of the Citizens Advisory Committee or City Council. More information can be found at www.paloaltocompplan.org or by contacting JEREMY DENNIS Advance Planning Manager City of Palo Alto Department of Planning and Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 Tel. (650) 329-2155 Email: jeremy.dennis@cityofpaloalto.org 17 18 19 CITY OF PALO ALTO Planning & Community Environment Department Jeremy Dennis, Advance Planning Manager Phone: (650) 329-2155 jeremy.dennis@cityofpaloalto.org 250 Hamilton Avenue 5th Floor – City Hall Palo Alto, CA 94301 www.cityofpaloalto.org www.paloaltocompplan.org