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Home My WebLink AboutStaff Report 14390 City of Palo Alto (ID # 14390) City Council Staff Report Report Type: Action Items Meeting Date: 6/20/2022 City of Palo Alto Page 1 Summary Title: 2850 West Bayshore Road: 48 Townhouses Title: PUBLIC HEARING / QUASI-JUDICIAL. 2850 West Bayshore [21PLN- 00177]: Approval for a Major Architectural Review, Conditional Use Permit, and Vesting Tentative Map to Allow for the Demolition of an Existing Office Building and Construction of 48 Townhomes with Associated Private Streets, Utilities, Landscaping, and Amenities. Environmental Assessment: Exempt per CEQA Guidelines Section 15332. Zoning District: ROLM (Research Office and Limited Manufacturing). From: City Manager Lead Department: Planning and Development Services Recommendation: Staff recommends the City Council take the following action(s): 1. Approve the Conditional Use Permit to enable multiple-family residential use of the ROLM-zoned property. 2. Approve the Major Architectural Review [21PLN-00177] application based on findings and subject to conditions of approval. 3. Approve the Vesting Tentative Map [21PLN-00178] application based on findings and subject to conditions of approval. Executive Summary: The applicant, Summerhill Homes LLC, requests approval of a Conditional Use Permit (CUP) for multifamily residential use within the ROLM zone, a Vesting Tentative Map for condominium purposes for 48 attached townhomes, and Architectural Review approval to demolish the existing office building and construct 48 townhomes. Access to the property is from West Bayshore Road, and the newly created housing units will range in size from 1,600 square feet to 2,100 square feet. Seven of the proposed 48 units will be allocated as below-market-rate units. This residential project utilizes the RM-30 City of Palo Alto Page 2 development standards, as required by the ROLM zoning district, and the applicant requests a concession to the required floor area ratio (FAR) through State Density Bonus Law. The project is defined by the State as a "housing development project” which includes 100% residential projects, mixed-use developments (with at least two-thirds of the square footage designated for residential use), and transitional or supportive housing. As such, the project is regulated by the Housing Accountability Act (HAA) and the Housing Crisis Act of 2019 (SB 330, Government Code Section 65943). Senate Bill (SB) 330 created a preliminary application process ‘freezing’ the local standards for this project at the time of application and limiting the total number of public hearings to five. The HAA strictly limits the City’s ability to deny the project or impose conditions that would decrease the ability of the project to provide housing. The Architectural Review Board (ARB) reviewed the project on January 20 and April 21, 2022 at which time they recommended denial. The Planning and Transportation Commission (PTC) reviewed the map application on May 25, 2022 and recommended approval of the map. These earlier staff reports include extensive background information, project analysis, and evaluation to city codes and policies. The staff reports and videos for ARB and PTC are available online on the project webpage1. Background: Architectural Review Board review Preliminary ARB Review On April 1, 2021, the ARB reviewed the preliminary ARB plans for 48 townhomes. In that meeting, the ARB commented on numerous aspects of the project that they wanted to see changed, which included: retaining as many street trees as possible, increase guest vehicle parking on site, find ways to better differentiate the buildings on site, simplification of building articulations and facades, increase landscaping buffer and reduce retaining wall to ease the transition to Greer Park, incorporate a walkway to Greer Park, incorporate more private open space at each unit, and evaluate the treatment at the sound wall so that it does not appear blank and uninteresting. Formal ARB Review On January 20 and April 21, 2022, the ARB reviewed the project plans for 48 townhomes. The ARB is accustomed to having three meetings for review of major projects, but given the limit of five hearings, staff kept the ARB to two meetings. This would allow the remaining three meetings to be split between the PTC and Council; again, the five (5) hearing limit is part of the state law. 1 2850 W. Bayshore Road Project Webpage: https://bit.ly/3CnpVJT City of Palo Alto Page 3 On April 21, 2022, the ARB recommended denial of the application. The ARB’s findings for denial are presented below in the order discussed on April 21, 2022, along with the applicant’s responses to those denial findings are explored in the Analysis section of this report. Planning and Transportation Commission Review On May 25, 2022, the PTC reviewed the Vesting Tentative Map application. A tentative map is required to permit the townhomes to be marketed and sold separately. The actual layout and boundaries of the condominiums is determined by a condominium plan approved by the State Department of Real Estate. A vesting map is used by an applicant to provide more security that the project may be developed according to the laws in place at the time the map application is complete. Technically, a vesting tentative map application is not complete until the applicant has obtained all other planning entitlements for the project (i.e. CUP and AR approval). In this case, given the limited number of hearings available to the City under SB 330, staff have elected to process the map concurrently with the other approvals, despite the fact it is incomplete. The PTC recommended that the Council make the necessary findings for approval of the Vesting Tentative Map. These findings are contained in State law and incorporated into Title 21 of the Municipal Code. Under the Subdivision Map Act, the Council must make a series of “reverse” findings to justify approval. Unless one or more of these findings is made in the affirmative, the subdivision must be approved. In particular, under Government Code Section 66474, the Council must deny a Tentative Map if it makes any of the following findings: a) That the proposed map is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c) That the site is not physically suitable for the type of development. d) That the site is not physically suitable for the proposed density of development. e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure to fish or wildlife or their habitat. f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditional Use Permit The Conditional Use Permit process is typically approved by the Director of Planning and Development Services and, if appealed, goes to the PTC for a recommendation to City Council. As the Director deferred the decision for the application to the City Council per PAMC City of Palo Alto Page 4 18.40.170, the Director is asking the City Council to action on that part of the application. Staff recommend the Council approve the Conditional Use Permit. Analysis The ARB’s Findings for Denial are presented below in the order discussed on April 21, 2022, along with the applicant’s responses to those Denial Findings. Where noted below, the applicant made changes to the proposed project to respond to the ARB comments; these changes are reflected in the plans included in the Council packet. Following is a narrative explanation of the ARB’s denial recommendation. ARB Comments/Direction Applicant Response Finding 2(A): The project has a unified and coherent design, that: (A) Creates an internal sense of order and desirable environment for occupants, visitors, and the general community, Finding #2(A) cannot be made as the project design does not create an internal sense of order; elements of the building appear to be add-ons rather than integrated well into the design which does not create a desirable environment for residents. (Massing and Unit Variation) The project meets Finding 2(A) by creating an internal sense of order and a desirable environment for occupants, visitors, and the general community. • The buildings are sited in a traditional grid pattern to allow residents and visitors to navigate easily around the site. • The project is designed to emphasize pedestrian connectivity, with the pedestrian entry (front door) at the front of each home and the garage at the rear. • Along W. Bayshore Road and Greer Park, the front doors and front patios of the homes face outward to engage with the public space. • The project provides a comprehensive network of walkways along, through, and within the site, including a direct pedestrian connection to Greer Park at the southwest corner of the site. • Vehicle circulation is convenient and efficient but secondary to pedestrian and bicycle circulation and safety. Sidewalks and walkways are separate from vehicle lanes, and crosswalks are marked with decorative paving. • Along the project frontage, SummerHill will provide a wide landscape space between the public sidewalk and the curb, which will preserve eight of the nine existing Street Trees and make City of Palo Alto Page 5 the sidewalk more comfortable for pedestrians. • For public benefit, SummerHill will widen the existing northbound bike lane and install a new southbound bike lane along the project frontage, extending south to Colorado Avenue. • The project features a large, centrally located common open space with attractive amenities, including casual seating areas, an electric fireplace, an electric grill with counters for prep space, dining tables, table tennis, a shade canopy and a space for active play, as well as a professionally maintained landscape of native trees and plants. • For the privacy and quiet of the residents, SummerHill will construct a 14-foot sound wall along the east side of W. Bayshore Road, across from the project frontage. • Vehicle circulation is arranged in an efficient hierarchy with a main entry drive (A Street), a primary private street (B Street) and minor subsidiary private streets (C and D Streets, which are similar to alleys but meet the City’s minimum standard width for private streets). • Every home includes an attached two-car garage. Four parking spaces are provided on site for guests, plus a short-term pull-out space for deliveries. Visitors also have convenient access to on-street parking along Colorado Avenue via a lighted path. • The project has been reviewed by the Fire Department to confirm adequate access for emergency vehicles. • The project has been reviewed by the GreenWaste to confirm adequate access for service trucks and adequate locations to stage carts for collection. Finding #2(D): The project has a In response to the ARB’s comment, SummerHill has City of Palo Alto Page 6 unified and coherent design, that: (D) Provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, Finding #2(D) cannot be made regarding the height of the project relative to Greer Park as the proposed buildings do not provide a harmonious transition in scale, mass, and character. (Height Transition) revised the project to improve the harmonious transition in scale, mass and character between the project and Greer Park: • SummerHill has reduced the size of Buildings 4 and 5 to increase the rear setback to a minimum of 15 feet, 5 feet more than the minimum. As previously proposed, the rear setback at Buildings 7 and 8 remains a minimum of 15 feet. • SummerHill has widened the landscape terrace between the upper and lower retaining walls at the end of C Street to provide additional distance from the property line and to create room for landscaping to screen the retaining walls. • SummerHill has modified the architecture of Buildings 4, 5, 7 and 8 to reduce the height and massing as the buildings transition toward the park. For example, at Buildings 5 and 8, SummerHill lowered the tower elements at both ends of the buildings, replacing the hipped roof with a shed roof that ties into the slope of the main body of the roof, and replaced the hipped- roof tower elements at the corners with small gables at the elevations facing toward the park. In addition to the changes described above, the project includes the following features to provide a harmonious transition to the park: • The retaining walls are tiered along the rear of the site, with space between the walls for a landscape terrace, to provide a gradual transition from the project site to the park. • The front doors and front patios of the homes face toward the park to engage with the public space. • The roofs of the buildings are pitched so that the eaves are lower than the maximum allowed height, reducing the visual mass. • The rear of central common open space is sloped City of Palo Alto Page 7 in order to reduce the height of the retaining wall in that location, and the sloped bank is landscaped with trees and shrubs. • Trees will be planted along the sides and rear of the site to screen the buildings, particularly along the ends of Buildings 4, 5, 7 and 8. • The tiered retaining walls will be constructed with drilled piers rather than a spread footing to protect the existing trees in Greer Park that screen the site. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. Finding #3 cannot be made as the buildings are not sufficiently differentiated from each other, the materials used are not of high aesthetic quality, nor are the materials and design elements integrated into the design of the building appropriately. (Material Use & Integration) Each building has a unique combination of massing, roofline, exterior materials and color scheme. As shown in the project plans, the project includes five different building types and three different color schemes. To differentiate the building types, the project features a variety of elements including balconies and covered decks, front entry stoops and covered patios, bays and plane breaks, tower elements and roof forms (shed, hipped and gable), all while maintaining a cohesive overall architectural style. In response to comments from the ARB, SummerHill has revised the material palette to replace the concrete brick veneer with clay brick veneer and replace the concrete cap with a course of full clay brick. The clay brick has a high-quality texture and integrated color. In addition to the clay brick, the exterior materials continue to include 4” and 8” smooth-finish lap siding, elements of smooth-paneled millwork, stucco with a 20/30 light sand finish, wide-frame VPI Endurance Series windows and architectural front doors and garage doors, all of which (in the Applicant’s opinion) are materials of high aesthetic quality consistent with the ARB’s recommended objective standards for multi-family residential development. In addition, as noted above, SummerHill has simplified the material palette for each building by using either brick veneer or 4” lap siding at the front entries, rather than a mix of both as previously proposed. In addition, City of Palo Alto Page 8 SummerHill has simplified the color schemes by matching the color of the smooth millwork panels to the adjacent body color and by using a consistent color for the eave, gutter, and fascia board on each building, which also serves to emphasize the variation in the massing and the roofline. These changes to the color application and materials give the architecture a simpler, timeless character with a clear expression of the base, middle and top. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building's necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). Finding #4 cannot be made as the site layout does not support the functional use of the space for pedestrians and bicycle traffic as it is auto-oriented. In association with Finding #2(A) & (E), this does not create an internal sense of order nor enhance the living conditions on the site. (Circulation) The project is designed to engage at the pedestrian level with Greer Park and the public sidewalk along W. Bayshore Road. The site plan emphasizes circulation for pedestrians and bicycles, with front porches outward and vehicle traffic and garages screened from view. As shown on Sheet A05.1 (Circulation Plan), the project provides walkways to every unit, to W. Bayshore Road, to the central common open space and throughout the site. In addition, the project includes a direct pedestrian connection to Greer Park at the southwest corner of the site. The project also provides sidewalks along the private entry street (A Street) and the main on-site street (B Street), as well as enhanced paving at the crosswalks. The project is designed so that the front entries are for pedestrians and vehicle access is at the rear of each unit, unlike many older tracts of single-family detached homes where the front façades are dominated by garage doors. By placing the garage at the rear of each unit, the site plan emphasizes pedestrian circulation over vehicle traffic. The project will also improve off-site circulation for bicycle traffic by widening the existing northbound bike lane along W. Bayshore Road and providing a new southbound bike lane from the project site to Colorado Avenue. Massing and Unit Variation On the April 21 ARB hearing, the ARB noted that the changes made to the applicant’s submittal did not reflect a serious approach to creating multiple building/housing types on site in City of Palo Alto Page 9 accordance with PAMC 18.13.060(b)(5), which is a Context-Based Design Criteria that regulates large sites and the diversity of building types. The ARB felt that the proposal was more akin to eight similar buildings with minor breaks or architectural elements added onto the buildings to have the appearance of different building types but that these additions were not integrated well and felt like add-ons. In order to better satisfy this policy, the ARB suggested that having a simplified and consistent design approach between buildings would help to better distinguish them from each other. Additionally, the ARB suggested that changing plate heights, roof lines, shapes, fenestration pattern, and/or the style and look of windows could also help to differentiate the buildings better to give the appearance of having distinct building types on site even if the project only consists of a townhome style of development. The ARB seemed open to this approach to satisfy the requirements in PAMC 18.13.060(b)(5) in order to support the City’s overall housing goals as they felt that this was a good location for a housing development project. In response to this feedback, the applicant modified their design in the following ways: • Introduced additional hips and gables to differentiate the rooflines and vary the view from the park and the rear elevation of buildings 4, 5, 7, and 8; • Simplified the material palette for each building by using either brick veneer or 4” lap siding at the front entries, rather than a mix of both as previously proposed; • Simplified the color schemes by matching the color of the smooth millwork panels to the adjacent body color and by using a consistent color for the eave, gutter, and fascia board on each building, which also serves to emphasize the variation in the massing and the roofline; • Modified the left elevation at Building 6 by wrapping the shed roof around the corner of the building at the first floor to emphasize the visual base of the building. Staff believes that these changes adequately address the ARB’s comments and concerns related to simplifying the massing for the buildings differentiating the buildings types proposed at the site. Height Transition to Park The subject property is located within the AE10.5 flood zone which requires any residential project to be built 10.5 feet above sea level. The Building Code requires that a new building be built one foot above the required base flood elevation (10.5 feet + 1 foot) while the existing grade along the shared property line to Greer Park is roughly seven feet above sea level. In order to address height transitions from the subject property to Greer Park, the applicant modified their designs for buildings 7 & 8 before the April 21, 2022 ARB hearing. These changes included stepping buildings 7 & 8 back to incorporate additional planting and sloping the grade City of Palo Alto Page 10 along the common open space downward in order to further reduce the terraced retaining walls which face Greer Park. The ARB was supportive of this approach to reduce the height transition toward Greer Park but also noted that the applicant should consider reducing the building height along the sides which face Greer Park. In response to the direction from the ARB on April 21, 2022, the applicant has proposed to mirror the changes provided for buildings 7 & 8 at buildings 4 & 5 in order to accommodate more landscaping to visually buffer the buildings that face towards Greer Park. In addition, the applicant will be able to further step back the terraced walls along this side of the property to create a smoother transition between the two properties. The applicant further modified the rear elevation of buildings 4, 5, 7, and 8 to introduce additional hips and gables to differentiate the rooflines and vary the view from the park to soften the impacts from the massing of the buildings toward Greer Park. Staff believes that this approach will greatly help to reduce the height transition and massing of the buildings as they are experienced from Greer Park and addresses the concerns of the ARB. Staff does not support the ARB’s approach to reducing the height of the corner units of buildings 4, 5, 7, & 8 as reducing the height could impact whether there are bedrooms in a unit. While it may not reduce the total number of units provided on site, it can have the effect of reducing the potential dwelling spaces within a unit, thereby reducing dwelling capacity and potential density which may conflict with the intent, or purpose, of the Housing Accountability Act. Material Use and Integration of Varying Architectural Elements The ARB noted that the use of cement fiber Hardie board and cement brick proposed as siding on the buildings were not considered to be of high aesthetic quality. While traditional Hardie board has been considered to be cheap in appearance as it is a thin pressed wood resin material and over time would rot out, newer versions of Hardie board have sought to address those issues. Hardie board provides thicker siding options with a greater quality of simulated or smooth wood grain to better replicate the appearance of traditional wood siding and provide deeper shadow lines which will provide added dimension and aesthetic quality to the buildings. This material is also a long-lasting and durable material that is damage resistant. The applicant has replaced the cement brick siding with clay brick siding in order to provide added dimension and quality to the brick stone veneer. Staff believes that the incorporation of these materials satisfies the requirements for Finding #3. The ARB also noted that the added articulations and modulations of the buildings, while attempting to address the ARB’s previous comments to differentiate the building, felt like City of Palo Alto Page 11 added pieces to the massing of the building. These features were not well integrated into the design and failed to substantially change the layout of the design of the units to have greater distinction and variety between the buildings. Some ARB members noted that they would prefer to see a more simplified design approach that did not add pieces to the architecture to ensure a coherent design between the buildings. As a result, the applicant simplified the material palette for each building by using either brick veneer or 4” lap siding at the front entries, rather than a mix of both as was previously proposed. They also simplified the color schemes by matching the color of the smooth millwork panels to the adjacent body color. By using a consistent color for the eave, gutter, and fascia board on each building, this serves to emphasize the variation in the massing and the roofline to address the ARB’s comments. In addition to the modifications noted in the Massing and Unit Variation section, staff believes the applicant has adequately addressed the ARB’s comments and concerns under Finding #3. Circulation and Auto vs. Pedestrian-Oriented Environment During the hearing, many of the ARB members indicated a concern with the project’s approach to on-site circulation and felt that the design was vehicle oriented rather than pedestrian oriented, which conflicted with Architectural Review Finding #4. As they discussed the application, most of the members felt that there should be more on-street parking for residents and guests. ARB members also felt that the layout of the site favored vehicle movement rather than creating a safe and welcoming pedestrian environment between the buildings. A few board members raised the question of whether a different project could come forward with an underground parking structure or if the site could be a mixed use-development as it could open the site to a more pedestrian oriented approach. The City’s municipal code was modified in 2019 through Ordinance 5460 to eliminate the requirement to provide guest parking spaces on site in order to reduce barriers to housing development in the City. Additionally, PAMC 18.52.030(h) specifically states that: “No use shall be required to provide more spaces than prescribed by this chapter …”. The ARB did not articulate how or where this parking would be placed on site other than suggestions that an underground parking garage should be considered. However, underground parking is not allowed by FEMA regulations for non-commercial uses in the flood zone.(2)(3) As 2 For properties in the flood zone, FEMA does not allow for underground structures under non-commercial uses; multi-family uses are considered non-commercial. In a mixed-use development proposal, FEMA does allow underground structures to be present, but only under the portion of the site which houses a commercial use. City of Palo Alto Page 12 the City does not have any objective criteria to require additional guest parking, staff does not support the ARB’s recommendation to the applicant to place additional parking on site as it will have the effect of reducing the number of units capable of being built, which could conflict with the Housing Accountability Act. The site currently provides 32-foot-wide drive aisles, which is required by PAMC 21.20.240, for private streets and provides ample space for vehicle circulation throughout the site. Separately, there are sidewalks adjacent to the main entrances of units for pedestrians to use throughout the site and at the central open space area as well as differentiated paving at crosswalks to signal to vehicles the pedestrian crossings. This design choice seeks to clearly distinguish the designated spaces for pedestrians and vehicles which supports the safety of pedestrians moving through the site and creates an internal sense of ordering and organization to the site. The project will also incorporate a new bike lane along West Bayshore Road through the recording of a right of way easement and include a pedestrian ramp for residents and guests to access Greer Park that is not gated or blocked. As discussed with the ARB, this access ramp will also make it feasible for guests to park on Colorado Avenue. As a result, staff believes that the applicant has designed the layout so that it functions appropriately for the pedestrians and bicyclist, while also ensuring that there is convenient access to the property for vehicles. Consistency with the Comprehensive Plan, Area Plans and Guidelines4 The Comprehensive Plan Goals, Policies, and Programs guide the physical form of the City. The Comprehensive Plan land use designation for the project site is Research/Office Park, which allows for a variety of commercial uses as well as mixed-use and exclusively residential projects. The Research/Office Park land use designation allows for floor area ratios (FAR) ranging from 0.3:1 to 0.5:1. This project requests a concession, in accordance with the state density bonus (Government Code (GC) Section 65915), to exceed the maximum FAR. As outlined in GC 65915 code, “the granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.” Therefore, neither a Comprehensive Plan amendment, nor a Zoning Code Text Amendment is required to accommodate the proposed floor area requested under the state density bonus. 3 PAMC 18.13.040(f)(8) requires that projects with 40 or more units be developed with a minimum of 1,500 square feet of neighborhood serving retail, personal service, and/or eating or drinking uses if they are not within 500 feet of existing neighborhood commercial services. The adjacent Heads Up! and Emerson Montessori School satisfy these requirements. 4 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp City of Palo Alto Page 13 The proposed use is consistent with the property’s Comprehensive Plan land use designation. The City’s Comprehensive Plan, particularly the Land Use and Housing Elements, includes several goals and policies that encourage housing development. Attachment B provides a detailed review of the project’s consistency with the Comprehensive Plan. Consistency with Application Findings Attachment B provides draft findings for approval of the Architectural Review, Conditional Use Permit, and Density Bonus Concession findings. Summary of Key Issues: SB 330 and the Housing Accountability Act Effective January 1, 2020, SB 330 made several changes to existing State housing law, including the Permit Streamlining Act. For the purposes of the work described herein, the important elements of SB 330 are as follows: • Prohibits jurisdictions from imposing, on housing development projects, subjective design standards established after January 1, 2020. • Requires that jurisdictions only subject a housing development project to review pursuant to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted (vs. when it is deemed complete). • Prohibits jurisdictions from enacting development policies, standards or conditions that would lessen the permitted intensity of housing—such as reducing height, density, or floor area ratio, requiring new or increased open space, lot size, setbacks or frontage, or limiting maximum lot coverage. • Limits jurisdictions to reviewing the project in five hearings in total once the project is deemed complete. This includes the hearings needed under the Vesting Tentative Map. The Housing Accountability Act severely limits the City’s ability to deny or impose conditions reducing the housing potential of housing development projects that comply with all of the City’s objective development standards. The City may deny or reduce the density of a housing development project only if it finds that the project would have a specific adverse impact on health and safety, which is narrowly defined. Recent amendments to the HAA have clarified: 1) A project must be deemed in compliance with an objective standard if there is sufficient evidence to allow a reasonable person could conclude that it is in compliance. 2) The receipt of a density bonus, incentive, concession, or waiver under State Density Bonus law is not a valid basis to find that a project is inconsistent with objective standards. City of Palo Alto Page 14 While the City’s existing Architectural Review findings were in place before January 1, 2020, the findings for approval are inherently subjective and therefore cannot be a basis for denial or reduction in density. In the past, AR findings were used to shape development projects to Palo Alto’s unique aesthetic expectations, but with new state law changes, this is no longer a viable approach to housing projects. On June 1, 2022, City Council adopted Objective Design Standards that are scheduled for a second reading (June 16, 2022). These standards, however, do not apply to this project as its standards were frozen on March 8, 2021 upon receipt of a complete SB 330 pre-application. While the ARB’s recommendation meaningfully seeks to improve the architectural and pedestrian environment for the site, the City is limited in the changes it can impose. The City may impose conditions that do not reduce the ability of a project to provide housing, however, design changes must be sufficiently clear to allow an applicant to obtain a building permit after five hearings. The ARB’s traditional approach has been to provide general direction that allows an applicant to propose a change; the board has resisted directing specific changes in a manner that amounts to designing from the dais. In the past, the City has wielded a realistic threat of project denial if an applicant’s changes do not satisfy the ARB. Now, if the City is not satisfied with the design of a project that meets objective criteria, it must either condition approval on specific changes or accept the applicant’s design despite reservations. State Density Bonus The applicant proposes 15% of the units on-site as moderate-income affordable units; this is in- line with the City’s minimum affordability requirements, enabling the applicant to take advantage of the state density bonus and concession policies under PAMC Chapter 18.15. Per PAMC Section 18.15.050 Table 2, any project that provides 10%-20% moderate-income, for-sale units, qualifies for one concession from the City. The applicant will provide seven units on site with 0.2 units paid through in-lieu housing fees. The proposed residential density (approximately 20 dwelling units per acre) is consistent with the site’s allowable density. As noted in the applicant’s project description (Attachment C), the applicant requests to utilize the “off-menu” concession provisions of PAMC Section 18.15.080 to request an FAR of 1.137:1. The applicant has provided evidence, in the form of a cost analysis, in accordance with PAMC Section 18.15.080, to show that a floor area ratio of this amount provides “identifiable and actual cost reductions for the purposes of providing affordable housing.” In general, an applicant’s concession request is presumed to result in cost reductions, and the burden is on the City to produce evidence otherwise if the City seeks to deny the concession. Staff commissioned a peer review of the applicant’s cost analysis by the City's consultant, Keyser City of Palo Alto Page 15 Marston. Based on that peer review, staff recommend that the concession should be granted. The Keyser Marston study is available on the project webpage.5 Policy Implications: State housing law continues to evolve in ways that limit a local jurisidiction’s ability to deny a housing project based on subjective criteria. The State Density Bonus law has also been strengthened to convey greater rights to developers and transfers the burden to the City to demonstrate why a requested waiver or concession does not result in a cost reduction. In some instances, a developer’s use of State Density Bonus law may result in concessions or waivers that significantly depart from the City’s base zoning standards. While this represents a State-authorized action by the developer to improve the cost effectiveness of a project – it may also be a reflection that the City’s base zoning standards are not sufficient to produce housing in some areas without some relaxation of those standards. As required by State housing law, staff is evaluting these standards through the Housing Element. Additionally, staff is exploring opportunities to expand the local housing incentive program (HIP) to make that land use tool more attractive to developers. The HIP also serves as an alternative to the State Density Bonus law, which means there are clearer expectations for developers and community members about the overall form and mass a housing project could achieve. Projects that take advantage of the State Density Bonus law may request floor area or height waivers that may be concerning to some in the community. Environmental Review The subject project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s environmental regulations. As noted earlier in this report, the City’s consultant, Rincon evaluated the existing building and found it ineligible for the California Register of Historic Resources. The Categorical Exemption staff prepared pursuant to CEQA is accessible through Attachment E. The Categorical Exemption is also available for review on the project webpage at https://bit.ly/3CnpVJT. The project would not cause significant impacts to the environment and qualified as a Class 32 (In-Fill Development Projects) Exemption. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on June 8, which is 12 days in advance of the meeting. Postcard mailing occurred on June 6, which is 14 days in advance of the meeting. 5 Project webpage: https://bit.ly/3CnpVJT City of Palo Alto Page 16 Public Comments As of the writing of this report, no additional project-related, public comments were received other than what was disclosed previously. Attachments: Attachment A: Location Map (PDF) Attachment B: Draft Record of Land Use Action (DOCX) Attachment C: Project Description and Applicant Response (PDF) Attachment D: Applicant's Attorney Letter (PDF) Attachment E: Project Plans, Environmental and Supporting Documents (DOCX) 24 24 2 4 24 C ommu nity _B uildin g Colorado_Pump Station Colorado Substation 8.3' 1003.3' 709.3' 355.0' 56.0' 261.9' 10.2' 441.4'341.9' 44.3' 156.3' 27.1' 119.6' 199.9' 244.8' 337.2' 767.0' 232.5' 55.0' 87.9' 112.2'148.6' 08.2' 60.0' 89.0' 97.9' 108.2' 16.1' 8.1' 112.7' 24.2' 112.4' 24.2' 39.1' 9.6' 73.5' 33.8' 112.4' 113.4' 25.2' 108.3' 73.5' 9.6' 37.9' 2.4'21.7' 113.4' 53.0' 14.0' 99.6' 24.7' 72.7' 39.1' 19.2'37.9' 2.4' 52.4' 44.4' 23 68.5' 20.1' 11.0'8.2'24.0' 89.5' 49.0' 20.0'13.1' 45.5'76.6' 12.6'26.2' 13.5' 87.6' 24.0'1.5'24.0'4.0'24.0'9.2' 54.8' 6.9' 278.9' 108.3' 5.4'20.2' 24.2' 109.4' 45.6' 107.2' 86.4' 1.1' 425.2' 34.3' 77.7' 158.5' 112.1' 383.6' 33.0' 415.9' 340.8' 76.8' 99.3' 69.4' 107.4' 82.0' 34.7' 64.3' 100.0' 99.3' 66.6' 107.4' 68.4' 115.7' 8.5'24.4' 36.1' 115.8' 72.0' 104.8' 103.8' 104.8' 78.9' 142.4' 360.9' 64.7' 232.5' 425.2' 235.2' 588.0' 235.2' 341.8' 337.2' 7' 32.7' 33.0' 212.3' 167.3' 28.3' 33.0' 140.3' 33.0' 212.3' 20.1'11.0' 35.5' 31.9' 10.0' 45.6' 41.5'24.0' 89.5' 24.0' 89.5'31.9' 62.2' 25.0'20.0'13.1' 42.7' 93.1' 11.5' 13.5' 87.6' 24.0' 88.5' 24.0' 88.5' 24.0' 29.5' 88.5' 30.8' 79.5' 9.1' 23.1' .9' 97.6' 24.0' 97.7' 91.6' 24.0' 101.7' 11.7'14.7' 26.7' 14.0' 99.6' 24.7' 112.0' 24.3' 112.0' 24.2' 112.7' 1040 1042 1044 1046 1048 1050 1052 054 1064 1066 1068 10701072107410761078 1011 2901 2903 29072905 2909 2911 2913 2915 2917 2919 2850 1125- 1139 2800 1082 7 106 3- 1 075 1077- 1091 1095- 1107 110 9- 112 3 1143- 1151 2999 2860 1098 119 9 1080 2800 2870 E A ST B A Y S H O RE R O A D WES T B A Y S H O R E RO A DCOLORADO A V E N U E E A ST B A Y S H O RE R O A D B A Y S H O R E F REE W A Y W ES T B A Y S H O R E R O A D SIM KINS COU R T W E S T B AY SHORE R OAD B A YSH O RE FR E E W A Y B A Y S H O RE F RE E W A Y B A YSH ORE FRE E W A Y COLORADO PLACE C O L O R AD O A V E N U E RM-20 PC-3183 R-2 PC- 1889 ROLM Greer P a rk E mily R e n z el W etla n d s This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site Current Features 0' 237' Location Map: 2850 W Bayshore CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2021-03-04 12:58:05Attachment A. Location Map (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Page 1 of 33 ACTION NO. 2022-___ DRAFT RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 2850 WEST BAYSHORE ROAD: MAJOR ARCHITECTURAL REVIEW AND CONDITIONAL USE PERMIT [21PLN-00177] AND VESTING TENTATIVE MAP [21PLN-00178] (SUMMERHILL HOMES, APPLICANT) At its meeting on June 20, 2022, the City Council of the City of Palo Alto (“City Council”) approved a Conditional Use Permit, Major Architectural Review, and a Vesting Tentative Map application for the development of a 48-unit townhouse project and subdivision request making the following findings, determinations and declarations: SECTION 1. Background. A. On June 22, 2021, SummerHill Homes applied for entitlements for a development project including: Architectural Review, Conditional Use Permit, Design Enhancement Exception, and Vesting Tentative Map for the development of a 48-unit townhouse project and subdivision of airspace (“The Project”). After the first formal Architectural Review Board (ARB) meeting, the applicant removed the Design Enhancement Exception. The applicant applied for a development standard concession in accordance with State Density Bonus law and Palo Alto Municipal Code (PAMC) 18.15.080 to request a Floor Area Ratio of 1.137:1.0 where 0.6:1.0 is the standard allowance. B. The project site is comprised of one existing lot (APN No. 127-01-160) of approximately 2.34- acres within the Research Office and Limited Manufacturing (ROLM) zoning district. The site contains one existing commercial office building. Commercial land uses are located adjacent to the lot to the North, and the site is surrounded by Greer Park to the West and South. To the project’s East is the Highway 101 Freeway. C. Following staff review, the ARB reviewed the Major Architectural Review application for a second time on April 21, 2022 and recommended denial, based on suggested revised findings to the staff report. D. Following review from the Planning and Transportation Commission, the Commission recommended approval for the Vesting Tentative Map on May 25, 2022, subject to conditions of approval. E. On June 20, 2022, the City Council held a duly noticed public hearing, at which evidence was presented and all persons were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council’s policies and procedures. SECTION 2. Environmental Review. The subject project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s environmental regulations. The City’s consultant, Rincon, evaluated the existing building and found it ineligible for the California Register of Historic Resources. It was determined the project would not cause significant impacts to the environment and qualified as a Class 32 (In-Fill Development Projects) Exemption, as further documented on the project webpage at https://bit.ly/3CnpVJT. Page 2 of 33 SECTION 3. Tentative Map Findings A legislative body of a city shall deny approval of a tentative map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is consistent with the Comprehensive Plan as described below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: The Project is consistent with the following Comprehensive Plan policies: Comprehensive Plan Goal/Policy Consistency Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. The project provides 48 for-sale housing units at a site that was previously used as office space. 15% of the units will be sold at moderate income levels. The project seeks to addresses the housing crisis that the City Council has identified as a top priority. The project will not result in an increase in trips to the site during peak hours and will provide a connection to Greer Park for residents and guests. Policy L-2.5: Support the creation of affordable housing units for middle to lower income level earners, such as City and school district employees, as feasible. The project proposes seven for-sale units that will sold at moderate income levels in accordance with PAMC 18.15. Policy L-2.11: Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens. The project includes a communal park area at the center of the site and incorporates landscaping around and throughout the site. Additionally, the project provides an internal connection to Greer Park so that residents and visitors may access the neighborhood amenities. Policy L-9.3: Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation. The project proposes to maintain most of the existing street trees along the W. Bayshore frontage. In addition to this, the project modifies the street frontage to incorporate additional landscaping and bioswales. Policy T-1.17: Require new office, commercial The project proposes a right of way easement Page 3 of 33 Comprehensive Plan Goal/Policy Consistency and multi-family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan. Policy T-1.19: Provide facilities that encourage and support bicycling and walking. along the site frontage in order to expand the bike lane across the site. Policy T-5.1: All new development projects should manage parking demand generated by the project, without the use of on-street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease. The project provides all its required parking onsite. Policy N-2.10: Preserve and protect Regulated Trees, such as native oaks and other significant trees, on public and private property, including landscape trees approved as part of a development review process and consider strategies for expanding tree protection in Palo Alto. The project protects eight of the existing street trees on the site and a majority of the existing trees which are shared between Greer Park and the project site. No protected species are proposed for removal. Any removed regulated tree is replaced pursuant to City requirements. Policy S-2.8 Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. The project site will be filled in order to raise the units to meet the AE10.5 flood zone requirements for the property. H3.1.2 PROGRAM. Implement the BMR ordinance to reflect the City’s policy of requiring: a) At least 15 percent of all housing units in projects must be provided at below market rates to very low-, low-, and moderate-income households. The project includes 15% of the proposed units as below market rate. 3. That the site is not physically suitable for the type of development: The Project site is suitable for residential use development; it is comprised of one large relatively flat lot that is 2.34 acres in size. The lot would be subdivided into air parcels for condominium purposes not to exceed 48 residential condominium units. The minimum site area, width, and depth for development in the ROLM zoning district is already met by the existing parcel boundaries and the site does not seek to modify that. A public right of way easement will be dedicated with the Final Map to the provide for an expanded bicycle lane along West Bayshore Road. The Project site would allow for Page 4 of 33 48 multi-family residential units as permitted for RM-30 development standards in the ROLM zoning district. 4. That the site is not physically suitable for the proposed density of development: The project would create 48 multi-family residential units which are compliant with the minimum/maximum allowable residential density as calculated for the total site area (16/30 dwelling units per acre = 37/70 dwelling units, respectively). 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The City’s consultant determined that the project qualifies under a Class 32 Exemption from CEQA. As a result, the Project will not cause environmental damage or injure fish, wildlife, or their habitat, in that the property is currently developed and not adjacent to sensitive habitat areas. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The City’s consultant determined that the project qualifies under a Class 32 Exemption from CEQA. As a result, the Project will not cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The design of the subdivision will not conflict with any easements for access through or use of the property. A public right of way easement will be dedicated with the Final Map to the provide for an expanded bicycle lane along West Bayshore Road. SECTION 4. Architectural Review Findings In order to make a recommendation of approval, the project must comply with the following Findings for Architectural Review as required in Chapter 18.76.020 of the PAMC. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with the following Comprehensive Goals/Policies: Page 5 of 33 Comprehensive Plan Goal/Policy Consistency Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. The project provides building that is stepped back from the adjacent commercial uses at 2800 West Bayshore Road and incorporates landscaping as a buffer to minimize impacts from the new building. The site also incorporates access to the Greer Park for tenants and visitors to have access to neighborhood amenities. There are articulations to break up the vertical massing so that the building does not appear overwhelming. Where the project could utilize state law to reduce the parking requirements for the site, it has instead provided parking in conformance with PAMC 18.52. All utilities can serve the site. Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. The project provides 48 for-sale housing units at a site that was previously used as office space. 15% of the units will be sold at moderate income levels. The project seeks to addresses the housing crisis that the City Council has identified as a top priority. The project will not result in an increase in trips to the site during peak hours and will provide a connection to Greer Park for residents and guests. Policy L-1.11: Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts. The architectural review process includes findings and context-based design criteria necessary to develop the project. The project is subject to the Architectural Review process. Policy L-2.5: Support the creation of affordable housing units for middle to lower income level earners, such as City and school district employees, as feasible. The project proposes seven for-sale units that will sold at moderate income levels in accordance with PAMC 18.15. Policy L-2.11: Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens. The project includes a communal park area at the center of the site and incorporates landscaping around and throughout the site. Additionally, the project provides an internal connection to Greer Park so that residents and visitors may access the neighborhood amenities. Page 6 of 33 Comprehensive Plan Goal/Policy Consistency Policy L-2.12: Ensure that future development addresses potential risks from climate change and sea level rise. The project site will be filled in order to raise the units to meet the AE10.5 flood zone requirements for the property. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. The project has a contemporary design which is distinct from the adjacent building at 2800 West Bayshore Road but it is not opulent in the manner that it would diminish or detract from the aesthetic quality of the neighborhood or create disparate and irreconcilable building designs. Policy L-3.4: Ensure that new multi-family buildings, entries and outdoor spaces are designed and arranged so that each development has a clear relationship to a public street. The proposed project modifies the site so that Buildings 1, 2, and 3 and their entries and primary facades face 2850 W. Bayshore Road. Policy L-6.1: Promote high-quality design and site planning that is compatible with surrounding development and public spaces. The project utilizes high quality materials and breaks up its facades so that the building is not overly massive in scale to adjacent properties. The project also provides a connection to Greer Park at the Southwest corner of the site for residents and guests. The project also expands the bike lane on W. Bayshore Road by recording a right-of-way easement along the front of the property. Policy L-6.2: Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility. The project utilizes high quality materials and breaks up its facades so that the building is not overly massive in scale to adjacent properties. Policy L-9.3: Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation. The project proposes to maintain most of the existing street trees along the W. Bayshore frontage. In addition to this, the project modifies the street frontage to incorporate additional landscaping and bioswales. Policy T-1.17: Require new office, commercial and multi-family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Palo Alto Bicycle + Pedestrian The project proposes a right of way easement along the site frontage in order to expand the bike lane across the site. Page 7 of 33 Comprehensive Plan Goal/Policy Consistency Transportation Plan. Policy T-1.19: Provide facilities that encourage and support bicycling and walking. Policy T-5.1: All new development projects should manage parking demand generated by the project, without the use of on-street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease. The project provides all its required parking onsite. Policy N-2.10: Preserve and protect Regulated Trees, such as native oaks and other significant trees, on public and private property, including landscape trees approved as part of a development review process and consider strategies for expanding tree protection in Palo Alto. The project protects eight of the existing street trees on the site and a majority of the existing trees which are shared between Greer Park and the project site. No protected species are proposed for removal. Any removed regulated tree is replaced pursuant to City requirements. Policy N-6.6: Apply site planning and architectural design techniques that reduce overall noise pollution and reduce noise impacts on proposed and existing projects within Palo Alto and surrounding communities. The project includes a sound wall along the 101 Highway in order to reduce noise impacts to residents. Policy S-2.8 Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. The project site will be filled in order to raise the units to meet the AE10.5 flood zone requirements for the property. H3.1.2 PROGRAM. Implement the BMR ordinance to reflect the City’s policy of requiring: a) At least 15 percent of all housing units in projects must be provided at below market rates to very low-, low-, and moderate-income households. The project includes 15% of the proposed units as below market rate. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the Page 8 of 33 site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: The design of the project is well ordered and provides a coherent plan that is readily understood in the site’s context. The site planning has been arranged to provide for a 24-foot street setback along the West Bayshore Road frontage, with existing and proposed landscaping providing a unifying design element. The design creates an internal sense of order by providing a well-landscaped public realm along the West Bayshore Road frontage, expansion of the bike lane, park access to Greer Park, and integrating the central park area as a focal point for the site. This integration provides a desirable environment for occupants and visitors. Natural features are appropriately integrated with the project and the proposed landscaping along the West Bayshore Road frontage serving as important elements that define the streetscape. The scale, mass and character of the building is appropriate for the existing context, which is surrounded by Greer Park and the buildings at 2800 West Bayshore Road. The site’s compliance with Finding #2.c. as well as the Performance Criteria under PAMC 18.23 is discussed in the tables below. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The Project includes a variety of high-quality materials conveying a contemporary architectural design. Together these materials create a cohesive design that is compatible with the surrounding developments. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The design is appropriate to the function of the project in that retention of existing street trees softens the massing of the new building frontage along West Bayshore Road while relegating parking improvements to the rear of the site. The project presents a functional and accessible design for multiple modes of travel. Circulation from the street to the site would be improved by reducing the number of drive aisle cuts along West Bayshore Road, and providing a single, logical location for the main vehicle entrance. Pedestrian and bicycle access to the building entrances is significantly enhanced by the sidewalk improvements and right of way easement for the expanded bike lane that are included with the project as well as the new pedestrian ramp provided to Greer Park at the Southwest corner of the site. Bicycle parking is convenient and located inside the buildings and in the central park area. Page 9 of 33 Adequate vehicle parking is located in the attached garages for each unit. The amount and arrangement of the central open space is appropriate to the design and the function of the site and encourages use by residents. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. Plant material is suitable and adaptable to the site, capable of being properly maintained, and is of a variety that is drought-tolerant and reduces consumption of water in its installation and maintenance. The landscape plan maintains most of the existing street trees along the West Bayshore Road frontage, which will provide a visual buffer between the street and the proposed building. As the site is in a developed portion of the City, it is not considered prime habitat. However, the project would enhance the landscape elements on the site in the 24-foot special setback along West Bayshore Road, which would be the most likely location to support desirable habitat. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project will meet the current Green Building Code requirements. Most of the proposed landscape palette has a low water use. Context-Based Design Criteria PAMC 18.16.90 Massing and Building Facades Findings Massing and building facades shall be designed to create a residential scale in keeping Palo Alto neighborhoods, and to provide a relationship with the street(s). This finding can be made in the affirmative in that the proposed designs of each unit utilizes varying materials, colors, and articulation along the building facades to help distinguish volumes, scale and mass. The street facing units provide front entries and walkways visible from the street that help engage visually from the street perspective and pedestrian walkways. Low-Density Residential Transitions Where new projects are built abutting existing lower- scale residential development, care shall be taken to respect the scale and privacy of neighboring properties. This finding can be made in the affirmative in that the adjacent sites are not residential properties. In addition to that, the project proposes to replace existing trees. These new trees will serve to screen views from the new units toward the adjacent school and park. Page 10 of 33 Project Open Space Private and public open space shall be provided so that it is usable for the residents and visitors of a site. This finding can be made in the affirmative in that the proposed site design satisfies the open space requirements of the RM-30 zoning district providing adequate private and usable open space for residents and guests to utilize. For additional recreational space, direct access to Greer Park is provided via a ramp at the rear of the project site. Parking Design Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment. This finding can be made in the affirmative in that the site planning and proposed parking design ensure parking does not overwhelm the project. Each unit is provided with a two- car garage attached to the rear of the unit. Additionally, there is landscape planting adjacent to the garage locations that will soften and break up the driveway areas with opportunities for vertical tree elements and ground cover to grow which will prevent the structures from becoming visually detractive from the internal pedestrian environment to the project. Four additional guest surface parking spaces are provided as well as a drop-off space for ride-sharing services. The project also incorporates a ramp to Greer Park which provides quicker access to street parking opportunities. Large (multi-acre) Sites Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood. This finding can be made in the affirmative in that the project proposes a 24-foot front setback in accordance with the special setback requirements. This is consistent with the existing setback for the adjacent property on 2800 West Bayshore Road. Housing Variety and Units on Individual Lots Multifamily projects may include a variety of unit types such as small-lot detached units, attached row houses/townhouse, and cottage clusters in order to This finding can be made in the affirmative in that while the proposed project only includes townhouses, each building introduces varying articulation and building materials so Page 11 of 33 achieve variety and create transitions to adjacent existing development. that the units do not appear homogeneous and uninteresting. Additionally, each building is separated by landscaping and streets so they do not become overly large and repetitive structures; therefore, reducing their massing impact. Sustainability and Green Building Design Project design and materials to achieve sustainability and green building design shall be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high- quality spaces and high recycled content materials. This finding can be made in the affirmative in that the proposed development will be required to comply with the California Green Building Code and the City of Palo Alto’s local amendments; see PAMC Section 16.14. Performance Criteria PAMC 18.23 18.23.020 Trash Disposal and Recycling Project Consistency Assure that development provides adequate and accessible interior areas or exterior enclosures for the storage of trash and recyclable materials in appropriate containers, and that trash disposal and recycling areas are located as far from abutting residences as is reasonably possible. Each unit will be serviced by a 32 cubic foot trash container, a 64 cubic foot compost container, and a 96 cubic foot recycling container. Each container has designated storage spaces within the garage for each unit. The site will also be serviced weekly by GreenWaste waste hauler who will collect the waste bins in front of each units. This conforms with the requirements in PAMC 5.20 and 18.23.020. 18.23.030 Lighting To minimize the visual impacts of lighting on abutting or nearby residential sites and from adjacent roadways. There are no abutting residential sites to this property. Along property lines that face towards the school on 2800 W. Bayshore Road and residences across from Greer Park, the foot candle will not exceed 0.5 at the property line. 18.23.040 Late Night Uses and Activities Page 12 of 33 The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up. The site is not a retail or commercial business and would therefore not be subject to this requirement. 18.23.050 Visual, Screening and Landscaping Privacy of abutting residential properties or properties with existing residential uses located within nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate. The landscape plans seek to replace trees on site in accordance with Tree Technical Manual and No Net Loss of Canopy policies. When mature, these new trees will provide screening for the site between the adjacent school and residences across from Greer Park. The applicant also proposes to screen all AC units for each unit as shown on L2.1. 18.23.060 Noise and Vibration The requirements and guidelines regarding noise and vibration impacts are intended to protect residentially zoned properties or properties with existing residential uses located within nonresidential zones (residential properties) from excessive and unnecessary noises and/or vibrations from any sources in abutting industrial or commercially zoned properties. Design of new projects should reduce noise from parking, loading, and refuse storage areas and from heating, ventilation, air conditioning apparatus, and other machinery on nearby residential properties. New equipment, whether mounted on the exterior of the building or located interior to a building, which requires only a building permit, shall also be subject to these requirements. The applicant has provided a noise study that identifies measures they will implement to reduce the noise and vibration impacts during construction. This document has been incorporated into the environmental documents. After construction, noise will primarily be generated from the AC units associated with each unit. An updated noise report will be required prior to Building Permit issuance, which staff will review in accordance with the requirements in PAMC 9.10, when the models for the AC units will be chosen. 18.23.070 Parking The visual impact of parking shall be minimized on adjacent residentially zoned properties or properties with existing residential uses located within nonresidential zones. All parking for the units on site are proposed in two-car garages on the ground floor of each unit. No garage is proposed to face towards West Bayshore Road or any other Page 13 of 33 property. There are four additional guest parking spaces provided on-site, in excess of the code requirements, as well as a drop-off space for ride-sharing services. 18.23.080 Vehicular, Pedestrian and Bicycle Site Access The guidelines regarding site access impacts are intended to minimize conflicts between residential vehicular, pedestrian, and bicycle uses and more intensive traffic associated with commercial and industrial districts, and to facilitate pedestrian and bicycle connections through and adjacent to the project site. As a part of the project, the applicant has proposed an easement on their property in order to expand the existing bike lanes on West Bayshore Road; which will expand bike services within the area for those traveling along West Bayshore Road. Vehicle access and exit to this site is concentrated through a single driveway which prevents vehicles from spilling out onto the street at multiple points which could cause conflicts with existing traffic patterns. Additionally, the applicant has proposed a pedestrian ramp at the southwestern corner of the lot to connect the site to Greer Park. This provides easier access to and from the site for residents and guests. 18.23.090 Air Quality The requirements for air quality are intended to buffer residential uses from potential sources of odor and/or toxic air contaminants. There are no adjacent manufacturing or industrial uses to this site that would expose residents to potential sources of odor and/or toxic air contaminants. During construction, the applicant will be required to follow Best Management Practices (BMP) to reduce dust or other contaminants from spilling over to adjacent properties. 18.23.100 Hazardous Materials In accordance with Titles 15 and 17 of the Palo Alto Municipal Code, minimize the potential hazards of any use on a development site that will entail the storage, use or handling of hazardous materials (including hazardous wastes) on-site in excess of the exempt quantities prescribed in Health and Safety Code Division 20, Chapter 6.95, and Title 15 of this code. The applicant is not proposing to store any hazardous materials or waste on site. The hazardous materials that will likely be stored on site are normal cleaning products associated with residential uses by residents. Page 14 of 33 SECTION 5. Conditional Use Permit Findings In order to make a recommendation of approval, the project must comply with the following Findings for Conditional Use Permit approval as required in Chapter 18.76.010 of the PAMC. Finding #1: Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; As proposed, the application conforms to all requirements in the zoning code except for the allowed floor area ratio for RM-30 lots. The applicant has proposed the use of a development concession in accordance with state density bonus law and PAMC 18.15.090 in order to receive the additional floor area to support their project. As a part of the project, the applicant will be placing fill on the site in order to raise up the proposed units in accordance with the AE 10.5 flood zone requirements. This will help protect the new units from inundation during a 100-year flood plain event. In addition to this, the project will result in a reduction of vehicle trips to the site compared with the existing office use. As benefits to the City and the future residents, the applicant has proposed expanding the City’s bike lane along West Bayshore Road, including a pedestrian connection from the site to Greer Park, and has proposed a sound wall to reduce noise impacts from the 101 Highway across from the property. The project qualifies for a Class 32 CEQA exemption and will not create adverse impacts on the environment that would be detrimental to the public health, safety, general welfare, or convenience of the public. Finding #2: Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning). Residential units are conditionally permitted in Research, Office, and Limited Manufacturing districts. The site is well situated for a residential development given its proximity to Greer Park and the adjacent pre-school and day care facilities. As noted in Finding #1 in the Architectural Review findings, the project conforms to the Comprehensive Plan goals and policies for the site SECTION 6. Concession Request Findings In order to make a recommendation of approval, the project must comply with the following Findings (i – vi) for granting a Density Bonus, Incentive, Concession, Waiver, Modification or revised parking standard as required in Chapter 18.15.090(a) of the PAMC: Finding (i): The development is eligible for the density bonus and any concessions, waivers, modifications, or revised parking standards requested. Page 15 of 33 In order to qualify for a density bonus, concession, waiver, modification, or revised parking standard under state law, the applicant must propose at least 10% affordable housing on site. The City’s BMR regulations under PAMC 16.65 require a minimum of 15% of the proposed units be affordable for sites of less than five acres. The project proposes a 48-unit townhome development and seven (7) of those units will be sold at moderate income levels with 0.2 units paid through an in-lieu fee. As a result, the project is eligible to request one concession from the City. Finding (ii): Any requested concession or incentive will result in identifiable and actual cost reductions based upon the financial analysis and documentation provided. The city finds that the concessions and incentives included in Section 18.15.050(c) will result in identifiable and actual cost reductions. The project proposes a 48-unit townhome development and requests a Floor Area Ratio (FAR) of 1.137 in order to develop their proposal. Staff has performed a peer review of the applicant’s proforma with the City's consultant, Keyser Marston, and agree that the proposed project Finding (iii): If the density bonus is based all or in part on donation of land, a finding that all the requirements included in Government Code Section 65915(g) have been met. The project is not the recipient of a donation of land; therefore, this finding is not applicable. Finding (iv): If the density bonus, concession or incentive is based all or in part on the inclusion of a childcare facility, a finding that all the requirements included in Government Code Section 65915(h) have been met. The project does not include a concession request based on the inclusion of a childcare facility; therefore, this finding is not applicable. Finding (v): If the concession or incentive includes mixed-use development, a finding that all the requirements included in Government Code Section 65915(k)(2) have been met. The project does not include mixed-use development; therefore, this finding is not applicable. Finding (vi): If a waiver or modification is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the development with the density bonus and concessions permitted. The project does not request any waivers or modifications; therefore, this finding is not applicable. The request for increased FAR is a concession, as analyzed in Finding (ii). SECTION 7. Tentative Map Approval Granted Page 16 of 33 Tentative Map Approval is filed and processed in accordance with PAMC Section 21.12.090 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval herein of this Record. SECTION 8. Architectural Review Approval Granted The Architectural Review is filed and processed in accordance with 18.77.070 and granted by the City Council under PAMC Section 18.77.050, subject to the conditions of approval herein of this Record. SECTION 9. Conditional Use Permit Approval Granted The Conditional Use Permit is filed and processed in accordance with 18.76.010 and granted by the City Council under PAMC Section 18.77.060, subject to the conditions of approval herein of this Record. SECTION 10. Concession Request Approval Granted The Concession Request is filed and processed in accordance with 18.15.080 and granted by the City Council under PAMC Section 18.15.090(a), subject to the conditions of approval herein of this Record. SECTION 11. Final Map The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Tentative Map prepared by CBG, Inc. titled “Vesting Tentative Map for Condominium Purposes,” consisting of 14 pages, stamped as received May 11, 2022, except as modified to incorporate the conditions of approval contained herein of this record. A copy of the Tentative Map is on file with the Department of Planning & Development Services, Current Planning Division. Prior to the expiration of the Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 12. Conditions of Approval (Vesting Tentative Map) PLANNING DIVISION 1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled “Vesting Tentative Map for Condominium Purposes”, dated May 11, 2021, except as modified to incorporate the conditions of this approval. 2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. Page 17 of 33 3. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto’s Municipal Code provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R’s. a. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City’s Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other Page 18 of 33 substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL. Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney. i. CITY’S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. j. NO WAIVER OF CITY’S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective. k. CITY’S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City’s failure to exercise any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy. l. SEVERABILITY. Invalidation of any one of the City’s required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4. FINAL MAP EXPIRATION. A Final Map, in conformance with the approved Vesting Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City of Palo Alto and its representatives, shall be filed with the Planning Division and the Public Works Engineering Division within two years of the Vesting Tentative Map approval date or this approval will expire, pending extension. 5. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Page 19 of 33 Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC WORKS ENGINEERING 6. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that all forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://bit.ly/2QosO9A. 7. IMPROVEMENT PLANS: The applicant shall arrange a meeting with the Public Works Engineering, Water/Gas/Wastewater Engineering, Electric Utilities Engineering, Planning, and Transportation Divisions and the Fire Department after Council approval of the Vesting Tentative Map to discuss the on-site and off-site improvements that will be required. The improvement plans must then be reviewed and approved by the City prior to submittal of the parcel or final map. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount. 8. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. The Agreement shall be executed prior to map recordation or issuance of any permits for construction, onsite and offsite. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount. 9. GRADING PERMIT: A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. ADVISORY -- A grading permit only authorizes grading and storm drain improvements, therefore, the following note shall be included on each grading permit plan sheet: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” 10. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”. 11. RETAINING WALLS: The grading plan shall clearly indicate all site retaining walls needed along the project to accommodate the fill. These walls shall be located completely onsite, and at a minimum 5-feet from the existing street trees to be protected. 12. FLOOD ZONE: This project is in a FEMA Special Flood Hazard Area and shall comply with the Page 20 of 33 requirements in Palo Alto Municipal Code Chapter 16.52 and the California Residential Code Section 322 (CRC 322). 13. CLOMR-F: Evidence that this document has been executed shall be provided prior to building permit issuance. 14. FINAL MAP THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated therein. 15. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all offsite and public improvements. Note that the engineer’s estimate is directly related to this permit’s scope of work. 16. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 17. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public and including, at a minimum: work hours, noticing of affected businesses, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map, which outlines truck routes available throughout the City of Palo Alto. 18. CALTRANS PERMIT FOR SOUNDWALL: If any portion of the proposed work is within Caltrans right-of- way a permit must be obtained from the applicable agency. If a permit is required, evidence of the outside agency’s permit approval shall be submitted to the Planning and Public Works Departments prior to issuance of any Building or Streetwork/Encroachment permits. 19. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site-specific storm water pollution prevention plan (SWPPP) that addresses both construction-stage and post-construction BMP’s for storm water quality protection. 20. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. Page 21 of 33 21. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. The third-party reviewer shall provide the following documents to Public Works prior to building permit approval: a. Stamped and signed C.3 data form (September 2019 version) from SCVURPPP. https://bit.ly/3J3gtxJ b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 22. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit approval. a. Note: Any revisions to the C.3 stormwater pollution prevention measures that are necessary to facilitate installation of said measures will be addressed in the agreement and the accompanying exhibits, executed by the City, and recorded with the County. 23. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 24. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities and utility lateral installations, at minimum the extent will be the project frontage. 25. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 26. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE: a. Storm Drain Logos: The applicant is required to paint “No Dumping/Flows to Matadero Creek” in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Page 22 of 33 Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. b. Record Drawings: At the conclusion of the project applicant shall provide digital as- built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. HOUSING The project as proposed includes 48 residential ownership units. The project is subject to the Below Market Rate (BMR) requirement as set forth by Palo Alto Municipal Code (PAMC) 16.65.060. 27. When the BMR requirement results in a fractional unit, an in-lieu payment to the Residential Housing Fund may be made for the fractional unit instead of providing an actual BMR unit, except that larger projects of 30 or more units must provide a whole BMR unit for any fractional unit of one-half (0.50) or larger. The proposed project – 48 ownership units – is subject to a BMR requirement of 7.2 units and is proposing seven units, with 0.2 paid through an in-lieu fee. All of the units will be made affordable to moderate income households. Payment of the fractional in-lieu is required prior to building permit issuance. 28. All BMR units constructed shall be in conformance with the City’s BMR Program rules and regulations such as the unit mix and sizes of the BMR units should reflect the unit mix and sizes of the market rate units. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 29. A BMR Agreement in a form acceptable to the City Attorney for the seven BMR units shall be executed and recorded prior to final map approval or building permit issuance, whichever occurs first. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. SECTION 13. Conditions of Approval. (Architectural Review) PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, “2850 West Bayshore Road” dated May 27, 2022 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet all conditions of the departments listed in this letter. 3. BUILDING PERMIT PLAN SET. The ARB approval letter including all Department conditions of approval for the project shall be printed on the plans submitted for building permit. Page 23 of 33 4. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. LANDSCAPE MAINTENANCE. All existing and proposed landscape material shall be well maintained and replaced if the plant material dies or if the irrigation equipment fails. Planters shall not drain onto sidewalk, ground, or public right of ways. 6. DENSITY BONUS CONCESSION: Staff has found the project to be in compliance with all of the City’s development standards. In accordance with State Density Bonus Law and PAMC Section 18.15.090, a housing project providing 15 percent of the units, as affordable to lower income households, is eligible for one concession. With the following concessions, staff finds the project in compliance with the City’s development standards. The applicant has shown the following concessions will reduce the per unit cost of the development as noted in the Density Bonus Analysis: 2850 West Bayshore Road: a. Floor Area Ratio - Exceed 0.60:1 FAR limitation with a proposed FAR of 1.137:1 7. ESTIMATED IMPACT FEE: Development Impact Fees, currently estimated in the amount of $2,495,303.78, per PAMC 16.58, shall be paid prior to the issuance of the related building permit. These fees are subject to increase through annual increases every August, after City Council adoption of the new municipal fee schedule, as well as the inclusion of the Public Art fee. 8. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90- DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. Page 24 of 33 9. PROJECT EXPIRATION. The project approval shall automatically expire after two years from the original date of approval if, within such two year period, the proposed use of the site or the construction of buildings has not commenced pursuant to and in accordance with the provisions of the permit or approval. Application for a one year extension of this entitlement may be made prior to the expiration. (PAMC 18.77.090(a)) 10. LIGHTING. Between the hours of 10:00pm-6:00am, lighting on the property should be reduced to its minimum necessary to facilitate resident security in order to minimize light glare at night. 11. NUISANCES AND NOISE. The outdoor space shall not be operated in a manner to produce excessive noise, odors, lighting or other nuisances from any sources. Noise levels emanating from the property shall not exceed the maximum level established in the PAMC Chapter 9.10. Amplified sound equipment is not included in this approval, and any such equipment proposed for this site shall be submitted for review by the Planning Department at the building permit phase. 12. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 13. FINAL INSPECTION: A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Garrett Sauls at Garrett.Sauls@CityofPaloAlto.org to schedule this inspection. PUBLIC WORKS ENGINEERING 14. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that all forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://bit.ly/2QosO9A. 15. IMPROVEMENT PLANS: The applicant shall arrange a meeting with the Public Works Engineering, Water/Gas/Wastewater Engineering, Electric Utilities Engineering, Planning, and Transportation Divisions and the Fire Department after Council approval of the Vesting Tentative Map to discuss the on-site and off-site improvements that will be required. The improvement plans must then be reviewed and approved by the City prior to submittal of the parcel or final map. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount. Page 25 of 33 16. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. The Agreement shall be executed prior to map recordation or issuance of any permits for construction, onsite and offsite. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount. 17. GRADING PERMIT: A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. ADVISORY -- A grading permit only authorizes grading and storm drain improvements, therefore, the following note shall be included on each grading permit plan sheet: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” 18. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”. 19. RETAINING WALLS: The grading plan shall clearly indicate all site retaining walls needed along the project to accommodate the fill. These walls shall be located completely onsite, and at a minimum 5-feet from the existing street trees to be protected. 20. FLOOD ZONE: This project is in a FEMA Special Flood Hazard Area and shall comply with the requirements in Palo Alto Municipal Code Chapter 16.52 and the California Residential Code Section 322 (CRC 322). 21. CLOMR-F: Evidence that this document has been executed shall be provided prior to building permit issuance. 22. FINAL MAP THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated therein. 23. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all offsite and public improvements. Note that the engineer’s estimate is directly related to this permit’s scope of work. 24. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the Page 26 of 33 City right-of-way. 25. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public and including, at a minimum: work hours, noticing of affected businesses, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map, which outlines truck routes available throughout the City of Palo Alto. 26. CALTRANS PERMIT FOR SOUNDWALL: If any portion of the proposed work is within Caltrans right-of- way a permit must be obtained from the applicable agency. If a permit is required, evidence of the outside agency’s permit approval shall be submitted to the Planning and Public Works Departments prior to issuance of any Building or Streetwork/Encroachment permits. 27. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site-specific storm water pollution prevention plan (SWPPP) that addresses both construction-stage and post-construction BMP’s for storm water quality protection. 28. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 29. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. 30. The third-party reviewer shall provide the following documents to Public Works prior to building permit approval: a. Stamped and signed C.3 data form (September 2019 version) from SCVURPPP. https://bit.ly/3J3gtxJ b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 31. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit approval. a. Note: Any revisions to the C.3 stormwater pollution prevention measures that are necessary Page 27 of 33 to facilitate installation of said measures will be addressed in the agreement and the accompanying exhibits, executed by the City, and recorded with the County. 32. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 33. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities and utility lateral installations, at minimum the extent will be the project frontage. 34. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 35. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE: a. Storm Drain Logos: The applicant is required to paint “No Dumping/Flows to Matadero Creek” in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. b. Record Drawings: At the conclusion of the project applicant shall provide digital as- built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. TRANSPORTATION 36. The applicant shall be responsible for planning/design, coordination with regional agencies, replacement/relocation of existing public utilities, easement approvals, procurement of required services/materials/equipment, and construction for the proposed West Bayshore Road off-site improvements. Any changes in proposed site plans shall require Office of Transportation approval. 37. Provide continuous sidewalk through driveway without diverting it towards W Bayshore Rd. As a result, the proposed ADA ramps will be unnecessary and should be removed. Page 28 of 33 38. The driveway approach shall meet the City of Palo Alto Driveway design requirements. Public Works Driveway standard requirements can be found here: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Public-Works- Standard-Drawings-and-Specifications 39. In accordance with PAMC 18.54.050, the proposed load-break cabinet near the project driveway shall be less than 3 feet in height to maintain sight distance visibility from the driveway. RECYCLING 40. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. 41. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. 43. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction. URBAN FORESTRY 44. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20- 2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 45. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. Page 29 of 33 46. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 47. TREE PROTECTION VERIFICATION. Prior to any site work verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section. The fencing shall contain required warning sign and remain in place until final inspection of the project. 48. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. ELECTRICAL ENGINEERING 49. Electric Utilities will need to place a padmount, loadbreak cabinet preferably in the planter area on the south side of Building 3 with (4) 4" high voltage conduits in/out. Approximately 3'x5' footprint. Coordinate with Utilities Eng. WATER, GAS, WASTEWATER PRIOR TO ISSUANCE OF DEMOLITION PERMIT 50. The applicant shall submit a request to disconnect utility services and remove meters. The utilities demo to be processed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. FOR BUILDING PERMIT 51. The applicant shall submit a completed water-wastewater service connection application - load sheet for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (domestic water and irrigation in fixture units/g.p.m., fire in g.p.m., and sewer in fixture units/g.p.d.). 52. No new gas service installation for this project (All Electric Project). 53. The applicant shall conduct an onsite/private fire water system studies per the City of Palo Alto Fire Department requirements to determine the impacts to the City’s water system to service the development during anticipated peak demands and fire flow. This shall be submitted for review Page 30 of 33 during the Building permit process. 54. The subdivision sewer system will be considered private and shall be privately maintained by the home association. The CC&Rs and final map should mention the private sewer system along the private road and maintenance responsibility. The City will be responsible for the maintenance of the main in the public street right of way and not the private sewer system. 55. The applicant to provide WGW utility department a share maintenance responsibility agreement between the two buildings’ owner (2850 and 2800 W Bayshore Rd.) for the proposed private sewer line (common/shared sewer facility). 56. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. Plans for the new private sewer facility to include details of connection to City’s sewer manhole for review and approval. 57. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). 58. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services. 59. An approved reduced pressure principle assembly (RPPA backflow preventer device) and (reduced pressure detector assembly) are required for all new water and fire connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA and RPDA shall be installed on the owner's property and directly behind the water meter and the City’s fire service within 5 feet of the property line. RPPA’s for domestic service shall be lead free. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 60. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 61. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire department's requirements. 62. The applicant shall secure a public utilities easement (P.U.E.) for the new master water meter Page 31 of 33 installed on private property. The applicant's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement on the front of the property adjacent to the City right of way at the water point of service. 63. Show the location of the new private sewer facility within the existing P.U.E. on the plans. The proposed private sewer facility connection to the City’s manhole required WGW utility engineering review and approval and CPAU Inspector inspection. 64. All existing water and wastewater services that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 65. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10’ of existing trees. Maintain 10 feet between new trees and new water and wastewater services/laterals/meters. Trees may be planted within 10 feet of new or existing water and wastewater mains/laterals/water services/or meters at the discretion of the Water, Gas, Wastewater and Urban Forestry departments. 66. All utility installations shall be in accordance with the latest edition of the City of Palo Alto utility standards for water & wastewater. WATER QUALITY 67. Since the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the “Planning Application Form,” the project shall conduct representative sampling of PCBs concentration in accordance with the “Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition (2018).” The PCBs Application Package and other resources are outlined at http://www.cityofpaloalto.org/pcbdemoprogram. The Applicant’s Package will outline PCBs sampling and reporting requirements that must be met. a. If the representative sample results or records DO NOT indicate PCB concentrations ≥50 ppm in one or more “priority materials,” then the screening assessment is complete. Applicant submits screening form and the supporting sampling documentation with the demolition permit application. No additional action is required. b. If the representative sample results or records DO indicate PCBs concentrations ≥50 ppm in one or more “priority materials,” then the screening assessment is complete, but the Applicant MUST also contact applicable State and Federal Agencies to meet further requirements. Applicant submits screening form and the supporting sampling Page 32 of 33 documentation with the demolition permit application, and also must contacts the State and Federal Agencies as indicated on Page 3 of the “PCBs Screening Assessment Form.” IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE PROCESS CAN TAKE BETWEEN 1-3 MONTHS. 68. Stormwater Treatment Measures a. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. b. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook for details. c. For all C.3 features, vendor specifications regarding installation and maintenance should be followed and provided to city staff. Copies must be submitted to Pam Boyle Rodriguez at pamela.boylerodriguez@cityofpaloalto.org. Add this bullet as a note to the building plans. d. Staff from Stormwater Program (Watershed Protection Division) may be present during installation of stormwater treatment measures. Contact Pam Boyle Rodriguez, Stormwater Program Manager, at (650) 329-2421 before installation. Add this bullet as a note to building plans on Stormwater Treatment (C.3) Plan. 69. Stormwater Quality Protection a. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. b. Drain downspouts to landscaping (outward from building as needed). c. Drain HVAC fluids from roofs and other areas to landscaping. d. Offsite downgrade storm drain inlets shall also be identified on this plan set and protected. If City staff removes protection from an inlet in the ROW during a rain event, the contractor shall replace the inlet protection by the end of the following business day. PUBLIC ART 70. The project is subject to the public art in private development ordinance requiring that 1% of the estimated construction valuation is used to either commission public art on site or pay the equivalent contribution to the public art fund, whichever is greater. If the applicant chooses to commission art on site, then they must complete both initial and final reviews and receive approval from the Public Art Commission prior to the issuance of a building permit. This actual amount to be paid shall be determined during building permit submittal and be paid prior to building permit issuance. HOUSING Page 33 of 33 The project as proposed includes 48 residential ownership units. The project is subject to the Below Market Rate (BMR) requirement as set forth by Palo Alto Municipal Code (PAMC) 16.65.060. 71. When the BMR requirement results in a fractional unit, an in-lieu payment to the Residential Housing Fund may be made for the fractional unit instead of providing an actual BMR unit, except that larger projects of 30 or more units must provide a whole BMR unit for any fractional unit of one-half (0.50) or larger. The proposed project – 48 ownership units – is subject to a BMR requirement of 7.2 units and is proposing seven units, with 0.2 paid through an in-lieu fee. All of the units will be made affordable to moderate income households. Payment of the fractional in-lieu is required prior to building permit issuance. 72. All BMR units constructed shall be in conformance with the City’s BMR Program rules and regulations such as the unit mix and sizes of the BMR units should reflect the unit mix and sizes of the market rate units. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 73. A BMR Agreement in a form acceptable to the City Attorney for the seven BMR units shall be executed and recorded prior to final map approval or building permit issuance, whichever occurs first. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Development Services APPROVED AS TO FORM: ___________________________ Assistant City Attorney PLANS AND DRAWINGS REFERENCED: Those plans prepared by CBG, Inc. titled “Vesting Tentative Map for Condominium Purposes,” consisting of 14 pages, stamped as received May 11, 2022, except as modified to incorporate the conditions of approval contained herein of this record. Those plans prepared by SDG Architects titled “2850 West Bayshore Rd.” consisting of 95 pages, stamped received on May 27, 2022. SummerHill Homes Townhome Community at 2850 W. Bayshore Project Description SummerHill Homes proposes to redevelop a 2.34-acre site on West Bayshore Road in Palo Alto with a new 48-unit townhome community. The project will take advantage of the site’s close proximity to Greer Park, a short walk or bike ride to nearby schools, and convenient access to neighborhood shops and services at Edgewood Plaza and Midtown. With attractive landscaping, outdoor amenities and contemporary architecture, SummerHill expects the project to be a great homeownership opportunity for people living or working in Palo Alto. Location & Setting The project site is located at 2850 West Bayshore Road. The property currently contains a 32,500- square foot single-story commercial building, built in 1976. To the southeast and southwest, the site is bordered by Greer Park. To the northwest of the site is the Emerson Montessori School, and to the northeast of the site, across W. Bayshore Road, are the Bayshore Freeway and the Emily Renzel Wetlands. Project Overview • SummerHill proposes to develop the 2.34-acre site with 48 new three-story townhomes in eight buildings, with attractive landscaping and common area amenities, at an overall density of approximately 20 dwelling units per acre. • The project will offer a variety of three- and four-bedroom home plans, with an average living area of approximately 1,706 square feet. • The architecture is proposed as a contemporary style that combines pitched roofs, tower elements, and classic materials with a sophisticated color palette that complements the landscape and surrounding context. The exterior materials will include a high-quality mix of clay brick and brick veneer, 4” and 8” smooth lap siding, 20/30 stucco with a light sand finish, smooth paneled millwork and wide-frame casement windows. • The buildings are configured to provide an activated pedestrian-friendly street presence along W. Bayshore Road and south and eastward towards Greer Park with front doors and ground- level patios facing outward. In addition, to integrate the project with the neighboring park space, SummerHill will replace the existing chain link fence with a low guardrail over tiered retaining walls, with vines and a natural style to complement the project architecture. The project will also include a direct pedestrian connection to the park at the southeast corner of the site, which will provide convenient access to the park and to on-street parking along Colorado Avenue. Project Description SummerHill Homes Townhome Community at 2850 W. Bayshore -2- 2022-05-31 • For the benefit of the community, SummerHill will widen the existing northbound bike lane and install a new southbound bike lane along the project frontage, extending south to Colorado Avenue. • Along the project frontage, SummerHill will provide a wide landscape space between the public sidewalk and the curb, which will preserve eight of the nine existing Street Trees and make the sidewalk more comfortable for pedestrians. • Vehicular circulation is provided through an entry drive from W. Bayshore Road and on-site private streets. The project will provide approximately 100 off-street parking spaces. Each unit will have an attached private two-car garage — side-by-side garages for 28 of the units and tandem garages for 20 of the units. Bike storage for residents is provided in the garages, and bike racks for guests will be located in the central common area for convenience and security. • Consistent with City standards for private streets, the project will provide 32-foot wide streets, including paving, sidewalks, and garage aprons. Columnar trees will be provided between garages to create a vertical green softscape with low colorful planting beneath, and 28 of the units will have decks overlooking the private street or the common area to enliven the space. • All of the units will have private decks or ground-level patios, and the project will also feature a large, vibrant central community open space — approximately 8,402 square feet. The community open space will feature casual seating areas, an electric fireplace, an electric grill with counters for prep space, dining tables, table tennis, a shade canopy and a space for active play, as well as a professionally maintained landscape of native trees and plants. • For the privacy and quiet of the residents, SummerHill will construct a 14-foot sound wall along the east side of W. Bayshore Road, across from the project frontage. West Bayshore Road Public Improvements For the privacy and comfort of the residents, SummerHill will construct a 14-foot sound wall along the east side of W. Bayshore Road, across from the project frontage. In addition, for the benefit of the community, SummerHill will install a new 6-foot wide bike lane in the southbound direction along W. Bayshore Road at the project frontage, extending south of the project to Colorado Avenue, and SummerHill will replace the existing 5-foot wide bike lane in the northbound direction with a new 6-foot wide bike lane. To accommodate the sound wall and the bike lane and to preserve the existing street trees along the project frontage, SummerHill will shift the curb and gutter for the southbound lane of W. Bayshore Road approximately 3 feet over and construct a new detached sidewalk with a planting strip within a pedestrian access easement. Sustainability The project will be all-electric. The project will be constructed in compliance with the current California Green Building Standards Code (Title 24) and the City’s Energy REACH Code and Green Building Code Tier 2. In addition, SummerHill will install a solar energy system for each unit, and each unit will have a Project Description SummerHill Homes Townhome Community at 2850 W. Bayshore -3- 2022-05-31 Level 2 EV-ready parking space. To reduce water demand, the irrigation system will be designed so that it can switch to reclaimed water when service is available at the site. Community Amenities & Landscaping The community will be maintained by a professionally managed homeowners association. The homeowners association will be responsible for maintaining the landscaping, common area amenities, and private streets. In addition to decorative landscaping throughout the community, common area amenities will include casual seating areas, an electric fireplace, an electric grill with counters for prep space, dining tables, table tennis, a shade canopy and a space for active play. The landscape palette will emphasize native plants, with all of the shrubs, vines and groundcover either native to California or Mediterranean and well-adapted to Palo Alto’s climate. No Displacement The site is currently developed for commercial use, so the project will not displace any residents. Design and Construction The townhomes will be mapped as separate legal units pursuant to a condominium plan. The townhomes will be designed as R2 condominiums per the 2019 California Building Code with an NFPA 13 sprinkler system. Electric meters and telecommunications services will be grouped at the ends of each building, and service to the individual units will run through soffits in the garages of the units. During construction, SummerHill will implement measures to reduce potential noise and vibration, including installing a temporary sound barrier between the project site and the adjacent school and avoiding the use of heavy vibration-generating construction equipment within 20 feet of adjacent buildings. SummerHill will also implement measures to control dust and emissions, such as the use of Tier 4 equipment for grading and site improvement, avoidance of portable diesel equipment (e.g., generators and air compressors) and other best management practices, which are expected to reduce overall dust and emissions by approximately 80%. For the comfort of the residents, SummerHill will design the windows, doors and exterior wall assemblies to dampen noise and vibration from the nearby freeway. In addition, MERV 13 or MERV 16 filtration will be installed on the air intake for the HVAC systems to protect indoor air quality. Utilities, Public Services and Stormwater Management • Domestic water service will connect to an existing public water main in W. Bayshore Road through a master public meter and individual private submeters for each unit. Irrigation service will be provided through a separate meter, and the fire sprinklers and hydrants will be served through a dedicated line. • Existing sewer service for the site connects to a pubic main in Greer Park via a private 8-inch sewer lateral located in a private easement conveyed to the owners of the site by the City. SummerHill will remove and replace the existing lateral. Project Description SummerHill Homes Townhome Community at 2850 W. Bayshore -4- 2022-05-31 • Stormwater will be treated on site as required to meet municipal stormwater permit requirements. Stormwater will be treated with bioretention areas and other low impact development (LID) treatment measures before being discharged to an existing public storm drain that currently serves the site. • Overland release for 100-year storm events will be directed primarily towards W. Bayshore Road. • Electric, cable, and telephone service is anticipated to connect to existing service lines along W. Bayshore Road. There are no existing overhead lines along the project frontage. New on- site utilities will be placed underground. • Garbage and recycling service will be provided by GreenWaste of Palo Alto. Each garage will include designated space for waste, compost, and recycling bins. Residents will place their bins at their driveway apron for pickup. FEMA Flood Zone The project site is located within an area designated on a Preliminary Flood Insurance Rate Map (FIRM) as FEMA Special Flood Hazard Zone AE12. The project will be designed with the finish floor elevation (FFE) of each building at least 1 foot above the Base Flood Elevation (BFE) identified on the Preliminary FIRM, and CLOMR-F and LOMR-F will be obtained for the project. The existing elevation of the paved and landscaped areas of the site is approximately 6 – 10 feet, which means that the elevation of the proposed finished floors will be raised approximately 3 – 7 feet above the existing grade at the curb in order to be at least 1 foot above BFE. To ease the transition between the project and Greer Park, SummerHill will tier the retaining walls at the edge of the site and pull the upper retaining wall back from the property line to create a landscape terrace. SummerHill will plant shrubs and vines along the landscape terrace to screen the retaining walls and blend them into the new project landscaping and into the existing trees and shrubs, and landscape mounding that will remain on Greer Park adjacent to the project site. Requested Approvals The site is designated Research/Office Park in the 2017 Comprehensive Plan and is zoned Research, Office and Limited Manufacturing (ROLM). The ROLM District allows multifamily residential use, subject to the approval of a conditional use permit and the development standards prescribed for the RM-30 zoning district. SummerHill will request Major Architectural Review approval, a Conditional Use Permit, a concession and/or waivers pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance, a tree removal permit, a Vesting Tentative Subdivision Map and CEQA review for the project. Conditional Use Permit As noted above, the Zoning Ordinance allows multi-family residential use in the ROLM District, subject to the approval of a conditional use permit and the development standards prescribed for the RM-30 Project Description SummerHill Homes Townhome Community at 2850 W. Bayshore -5- 2022-05-31 zoning district. With the Density Bonus concession and/or waivers and the Combined Common Open Space described below, the project is fully consistent with the Comprehensive Plan and the Zoning Ordinance. Density Bonus SummerHill proposes to designate 7 of the 48 units as below-market rate units affordable to moderate- income households and pay an in lieu fee for a fractional 0.2 unit. Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance, SummerHill will request that the City allow the site to be developed at a floor area ratio of approximately 1.137:1 to accommodate the project. The additional floor area ratio will allow SummerHill to provide more market-rate and below-market rate units than would otherwise be feasible and will reduce the cost of providing the below-market rate units through economy of scale. Combined Common Open Space SummerHill proposes to comply with the development standards for usable open space by providing approximately 1,828 square feet of private usable open space and approximately 8,402 square feet of common usable open space. Every unit will have at least 50 square feet of private open space, either as a ground-level patio or a second-floor balcony. For 28 of the units, the private open space will meet or exceed the minimum dimensions for “usable” open space in accordance with section 18.13.040(e) of the Zoning Ordinance. In order to achieve a more efficient overall design for the landscaping and usable open space for the project, SummerHill proposes to provide additional common usable open area in lieu of expanding the private patios for 20 of the units, as allowed by section 18.13.040(e)(2)(B) of the Zoning Ordinance. Providing the additional usable open space as common open space will improve the design and the enjoyability of the open space by shifting the usable open space farther from the freeway and W. Bayshore Road to a protected area close to the park, while still maintaining at least 50 square feet of private open space for each unit. CEQA SummerHill anticipates that the project will qualify as a Class 32 Infill Development Project categorically exempt from project-specific environmental review. The project is consistent with the applicable Comprehensive Plan and zoning designations and regulations; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Vesting Tentative Subdivision Map SummerHill has prepared a Vesting Tentative Subdivision Map to establish appropriate access, utility and service easements and condominium plans to define exclusive use areas and areas of separate undivided interests for the individual units. SummerHill has included the proposed Vesting Tentative Map and subdivision improvements with the application for the Major Architectural Review, the Project Description SummerHill Homes Townhome Community at 2850 W. Bayshore -6- 2022-05-31 Conditional Use Permit and the other project entitlements so that all aspects of the project can be reviewed concurrently. Tree Removal Permit There are 36 trees on the project site or along the project frontage which are considered Regulated Trees under the Zoning Ordinance. There are no Protected Trees on the project site or along the project frontage. SummerHill proposes to retain 8 of the 9 existing Street Trees along the project frontage and remove 37 trees on site or along the project frontage to accommodate the project. SummerHill will plant approximately 121 24-inch box trees and 3 36-inch box trees on site as replacements, consistent with the City’s Tree Technical Manual, 2016 edition. SummerHill also proposes to remove three glossy privets, one coast beefwood and three eucalyptus trees from the area immediately adjacent to the site because the trees — several of which are already in poor condition and dying back — could be adversely affected by grading on site. SummerHill will work with the City and the adjacent property owner to plant 18 new 24-inch box trees on their respective properties as replacements, consistent with the Tree Technical Manual. 777 S. California Avenue, Palo Alto, CA 94304 phone 650.857.0122 fax 650.857.1077 SHHomes.com June 14, 2021, revised May 31, 2022 Jodie Gerhardt Manager of Current Planning City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: 2850 W. Bayshore Road, Palo Alto Project Request Letter and Letter of Application Dear Ms. Gerhardt, SummerHill Homes respectfully submits this Project Request Letter and Letter of Application in compliance with the City’s Submittal Requirements Checklists for Conditional Use Permits and Major Subdivisions. Project Summary As explained in the attached project description, SummerHill proposes to redevelop a 2.34-acre site at 2850 West Bayshore Road with a new 48-unit for-sale townhome community. The project will offer a variety of three- and four-bedroom home plans, with an average living area of approximately 1,706 square feet. All of the units will have private decks or front patios, but the project will also feature a large central community open space — approximately 8,402 square feet. The project is designed to engage with the public sidewalk and park space, with front doors and ground- level patios facing outward towards W. Bayshore Road and Greer Park. In addition, the project will feature a direct pedestrian connection to Greer Park at the southeast corner of the site, which will also provide convenient access to the park and for residents and guests. Vehicular circulation is provided through an entry drive from W. Bayshore Road and on-site private streets. The project will provide approximately 100 off-street parking spaces. Each unit will have an attached private two-car garage — side-by-side garages for 28 of the units and tandem garages for 20 of the units. Bike storage for residents is provided in the garages, and bike racks for guests will be located near the central common area for convenience. Consistent with City standards for private streets, the project will provide 32-foot wide streets, including paving, sidewalks, and garage aprons. For the benefit of the community, SummerHill will widen the existing northbound bike lane and install a new southbound bike lane along the project frontage, extending south to Colorado Avenue. In addition, along the project frontage, SummerHill will provide a wide landscape space between the public sidewalk and the Jodie Gerhardt June 14, 2021, revised May 31, 2022 Page 2 curb, which will preserve eight of the nine existing Street Trees and make the sidewalk more comfortable for pedestrians. For the privacy and quiet of the residents, SummerHill will construct a 14-foot sound wall along the east side of W. Bayshore Road within the City right-of-way, across from the project frontage. The property currently contains a 32,500 square-foot single-story commercial building, built in 1976, which will be demolished to accommodate the project. To the southeast and southwest, the site is bordered by Greer Park. To the northwest of the site is the Emerson Montessori School, and to the northeast of the site, across W. Bayshore Road, are the Bayshore Freeway, E. Bayshore Road and the Emily Renzel Wetlands. Requested Approvals The site is designated Research/Office Park in the 2017 Comprehensive Plan and is zoned Research, Office and Limited Manufacturing (ROLM). The ROLM District allows multifamily residential use, subject to the approval of a conditional use permit and the development standards prescribed for the RM-30 zoning district. SummerHill requests Major Architectural Review approval, a Conditional Use Permit, a concession and/or waivers pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance, approval to provide additional common usable open space to meet the overall usable open space requirements, a tree removal permit, a Vesting Tentative Subdivision Map and CEQA review for the project. Conditional Use Permit Consistent with section 18.76.010 of the Municipal Code, the proposed project will (1) not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and (2) be located and conducted in a manner in accord with the Comprehensive Plan and the purposes of the Zoning Code. Not Detrimental or Injurious The project site is well-suited to multi-family residential development, because it is close to public parks and schools and has convenient access to neighborhood retail. The density of the project is within the range of existing residential development in the area, and the project will fully comply with the City’s parking requirements. The project will not significantly increase the A.M. or P.M. peak hour vehicle trips generated by the current use of the site, and by providing new homes close to major employment centers, the project is expected to reduce total vehicle miles traveled. In addition, the project will comply with all applicable public health and safety standards during construction and use. Consistent with Comprehensive Plan and Zoning Code The site is designated Research/Office Park in the 2017 Comprehensive Plan and is zoned Research, Office and Limited Manufacturing (ROLM). The Comprehensive Plan allows residential use in the Research/Office Jodie Gerhardt June 14, 2021, revised May 31, 2022 Page 3 Park designation in certain locations. (Comprehensive Plan at p.34.) The ROLM District allows multifamily residential use, subject to the approval of a conditional use permit and the development standards prescribed for the RM-30 zoning district. (PAMC §§ 18.20.030, 18.20.040(b)(6).) With the approval of the requested Density Bonus concession pursuant to chapter 18.15 of the Zoning Code, the proposed project is fully consistent with the Comprehensive Plan and the development standards for the RM-30 zoning district. For further detail, please refer to the attached table (Compliance with RM-30 Development Standards). Density Bonus SummerHill proposes to designate 7 of the 48 units as below-market rate units affordable to moderate- income households and pay an in-lieu fee for a fractional 0.2 unit. Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance, as a Common Interest Development project that will make more than 10% of the units affordable to Moderate Income Households, the project is eligible for one concession or incentive. (PAMC § 18.15.050(c).) As a concession or incentive, SummerHill requests that the City allow the site to be developed at a floor area ratio of approximately 1.137:1. The additional floor area ratio will allow SummerHill to provide more market-rate and below-market rate units than would otherwise be feasible and will reduce the cost of providing the below-market rate units through economy of scale. In accordance with section 18.15.080 of the Zoning Code, SummerHill provides the attached Summary of Costs, comparable to the information in a pro forma, which shows that the requested concession will result in identifiable and actual cost reductions. The proposed project includes five main unit plans, ranging in size from approximately 1,601 SF to approximately 2,192 SF of floor area, with an average floor area of approximately 1,861 SF. If the project were subject to a maximum FAR of 0.6:1, the project would only be able to provide approximately 25 units. The cost of demolition, site grading, the construction of the sound wall and other fixed costs that are not dependent on the number of units would be spread over 25 units. Alternatively, if the maximum FAR is increased to 1.137:1, the project is able to provide 48 units and the cost of demolition, site grading, the construction of the sound wall and other fixed costs that are not dependent on the total unit count will be spread over 48 units, reducing the fixed cost per unit by approximately 24%. The attached Summary of Costs shows that allowing the site to be developed at a floor area ratio of approximately 1.137:1 will result in identifiable and actual cost reductions for the site improvements for the seven below-market rate units. The cost reduction for the seven below-market rate units is estimated to be approximately $286,789, or $40,970 per unit. Jodie Gerhardt June 14, 2021, revised May 31, 2022 Page 4 Combined Common Open Space SummerHill requests to add 2,000 square feet of common usable open space to the amount of common usable open space required for the project in order to meet the usable open space requirements of section 18.13.040(e) of the Zoning Code. In the RM-30 district, section 18.13.040(e)(2)(B) of the Zoning Code allows part or all of the required private usable open space areas to be added to the required common usable open space for purposes of improved design, privacy, protection and increased play area for children. The project is designed so that each unit will have its own private usable open space, either as a deck or a ground-level patio or both. Twenty-eight of the units have a private deck or patio that meets the minimum size and dimensional requirements in section 18.13.040(e)(2)(A) of the Zoning Code. The other twenty units have a front patio with an area of at least 50 square feet and a minimum dimension of 6 feet, which provides enough private space for casual seating and a small table or a grill, but does not meet the minimum size and dimensional requirements for a ground-level open space to qualify as private usable open space. In addition to the private usable open space, the project will feature a vibrant landscaped common usable open space at the heart of the community. The common area amenities will include casual seating areas, an electric fireplace, an electric grill with counters for prep, dining tables, table tennis, a shade canopy and a space for active play. The landscape palette will emphasize native plants, with all of the shrubs, vines and groundcover either native to California or Mediterranean and well-adapted to Palo Alto’s climate. In order to achieve a more efficient overall design for the landscaped and usable open space for the project, SummerHill proposes to comply with the usable open space requirements by providing additional common usable open space to meet the technical requirements for private usable open space for the twenty units that do not have a balcony, as allowed by section 18.13.040(e)(2)(B) of the Zoning Code. Combining the open space will improve the design and the enjoyability of the open space by shifting the open space farther from the freeway and W. Bayshore Road to a protected area close to the park. In total, the project will provide more than 10,230 SF of usable open space, which is approximately 25% more than the amount required. Vesting Tentative Subdivision Map SummerHill has prepared a Vesting Tentative Subdivision Map to establish appropriate access, utility and service easements and condominium plans to define exclusive use areas and areas of separate undivided interests for the individual units. SummerHill has submitted the proposed Vesting Tentative Map at the same time as the application for Major Architectural Review, a CUP and the other project entitlements so that all aspects of the project can be reviewed concurrently. The proposed Vesting Tentative Map fully complies with the design standards and improvement standards in chapters 21.20 and 21.28 of the Municipal Code. Following approval of the Vesting Tentative Map, SummerHill will prepare a Final Map and condominium plans. Jodie Gerhardt June 14, 2021, revised May 31, 2022 Page 5 We look forward to working with the City regarding the proposed project. Please let us know if you have any questions regarding this Project Request Letter and Letter of Application. Thank you. Sincerely, John Hickey Vice President of Development Attachment: Compliance with RM-30 Development Standards Summary of Costs: Site Improvement Cost Comparison cc: Garrett Sauls, City of Palo Alto Elaine Breeze, SummerHill Housing Group Compliance with RM-30 Development Standards PAMC § 18.13.040 Required/Allowed Proposed Minimum Site Specifications Site Area (ft) 8,500 101,786 ± Site Width (ft) 70 425 ± Site Depth (ft) 100 239 ± Minimum Setbacks Setback lines imposed by a special setback map pursuant to Chapter 20.08 (ft) 24 ≥ 24 Front Yard (ft) 20, but see special setback line ≥ 24 Interior Side Yards for lots with width of 70 feet or greater (ft) 10 ≥ 10 Interior Rear Yards (ft) 10 ≥ 10 Maximum Height (ft) 35 35 Daylight Plane for side and rear lot lines for sites abutting a RM-30, RM-40, Planned Community, or nonresidential district that does not contain a single-family or two-family residential use, for lots with width of 70 feet or greater None None Maximum Site Coverage Base 40% 34.7% Additional area permitted to be covered by covered patios or overhangs otherwise in compliance with all applicable laws 5% 2.8% Maximum Floor Area Ratio (FAR) 0.6:1 1.137:1 with Density Bonus Concession Residential Density (units) Maximum number of units per acre 30 20.5 Minimum number of units per acre 16 20.5 Minimum Site Open Space 30% 30.4% Minimum Usable Open Space (sf per unit) 150 ≥ 187 (Average: 213) 2 2021-06-14, rev. 2022-05-31 Required/Allowed Proposed Minimum Common Usable Open Space (sf per unit) 75 133 Minimum Private Usable Open Space (sf per unit) • 50 at balconies; or • ≥ 54 at balconies (Average: 62); or • 100 at patios or yards; or • None; or • 100 at additional Common Usable Open Space per PAMC § 18.13.040(e)(2)(B) • 100 at additional Common Usable Open Space Performance Criteria Not applicable Parking Resident 96 (2 per 2-bedroom or larger unit) 96 Resident Covered 48 (At least one space per unit must be covered) 96 Resident Tandem 24 (Maximum of 25% of total required spaces) 20 Guest 0 (No additional guest parking required) 4 Bicycle – Resident (Long-Term) 48 (1 per unit) 48 Bicycle – Guest (Short-Term) 5 (1 per 10 units) 6 2021-06-14, rev. 2022-05-31 SUMMARY OF COSTS: Site Improvement Cost Comparison 2850 W. Bayshore Road: Proposed Townhouse Community Pursuant to section 18.15.050(c) of the Zoning Ordinance, SummerHill requests that the City allow the project to be developed at a floor area ratio (FAR) of approximately 1.137:1. The requested concession would reduce the site improvement costs by an estimated amount of $40,970 per unit, which would result in an identifiable and actual cost reduction of $286,789 to provide the seven proposed Below- Market Rate units. 0.60:1 FAR 25 Units 1.137:1 FAR 48 Units Total Per Unit Total Per Unit DEMOLITION $476,632 $19,065 $476,632 $9,930 SITEWORK DEMOLITION $476,632 $19,065 $476,632 $9,930 ASBESTOS REMOVAL $0 $0 $0 $0 GRADING $565,302 $22,612 $914,092 $19,044 ROUGH GRADING $440,848 $17,634 $789,638 $16,451 EROSION CONTROL $124,454 $4,978 $124,454 $2,593 UTILITIES $900,214 $36,009 $1,231,864 $25,664 STORM DRAINS $262,989 $10,520 $398,185 $8,296 SANITARY SEWER $318,414 $12,737 $318,414 $6,634 WATER $318,811 $12,752 $515,265 $10,735 POWER UTILITIES $228,635 $9,145 $407,460 $8,489 GAS AND ELECTRIC INSTALLATION $238,635 $9,545 $426,660 $8,889 UTILITY REFUND ($10,000) ($400) ($19,200) ($400) STREET LIGHTING $47,042 $1,882 $72,200 $1,504 STREET LIGHTS, POLES, CONDUCTOR, CONDUIT ETC. $47,042 $1,882 $72,200 $1,504 HARDSURFACES $632,144 $25,286 $878,303 $18,298 CURB, GUTTER & SIDEWALK $326,216 $13,049 $437,407 $9,113 BASE & A.C. $255,928 $10,237 $344,896 $7,185 REPAIRS $50,000 $2,000 $96,000 $2,000 WALLS & FENCES $353,345 $14,134 $739,965 $15,416 BOUNDARY WALLS $333,000 $13,320 $333,000 $6,938 RETAINING WALLS $20,345 $814 $406,965 $8,478 LANDSCAPING $513,504 $20,540 $713,377 $14,862 IRRIGATION & LANDSCAPING $513,504 $20,540 $713,377 $14,862 SIGNS $22,161 $886 $22,161 $462 STREET SIGNS & PAVEMENT MARKINGS $22,161 $886 $22,161 $462 CONTINGENCY $527,947 $21,118 $769,891 $16,039 SITE CONTINGENCY $527,947 $21,118 $769,891 $16,039 TOTAL $170,677 $129,707 COST REDUCTION $40,970 Note: All costs are estimates based on current information; actual costs may vary. 777 S. California Avenue, Palo Alto, CA 94304 phone 650.857.0122 fax 650.857.1077 SHHomes.com May 31, 2022 Via https://aca-prod.accela.com/PALOALTO Garrett Sauls Associate Planner Planning and Development Services Department City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: 2850 W. Bayshore Road, Palo Alto Major Architectural Review – 21PLN00177 7th Submittal – Summary of Revisions Dear Garrett, Although the Architectural Review Board did not recommend approval of the proposed project, we thank the Board for providing additional comments on the project at the Board’s hearing on April 21st. As you are aware, we have made additional revisions to the project to address the Board’s comments. Revised plans were submitted to the City on May 27th. For your convenience, the following is a summary of the revisions that we have made to the project to address the Board’s comments since the hearing on April 21st. For a summary of the revisions that we made previously to address the Board’s earlier comments, please refer to our letter dated April 8th, a copy of which is attached. Site Plan • We modified Buildings 4 and 5 to shorten the length of the buildings and increase the rear setback, which allowed us to shift the upper retaining wall away from the rear property line at the end of C Street and widen the landscape terrace between the upper and lower retaining walls. The wider landscape terrace will accommodate more plants to screen the view of the upper retaining wall. (Please see Sheets L1.0 and L1.2.) Garrett Sauls May 31, 2022 Page 2 Architecture • As noted above, at the ARB’s request, we reduced the size of Buildings 4 and 5 in order to increase the rear setback and provide more space for landscaping between the buildings and the park. To achieve this, we had to modify the unit mix in both buildings, reducing the average size of the units by approximately 44 square feet. The reduction in unit size will significantly impact the expected sales revenue for the project, but we have made the change in good faith to address the ARB’s request. • We added hips and gables at the rear of Buildings 4, 5, 7 and 8 to differentiate the rooflines and vary the view from the park. In addition, at Buildings 4 and 7, we deepened the front porch of the units closest to the park and added hipped roof elements at the end elevations to help differentiate the massing and rooflines from Buildings 5 and 8. (Please see Sheets A20 – A21, A26 – A27.) • At Buildings 5 and 8, we lowered the tower elements at both ends of the buildings, replacing the hipped roof with a shed roof that ties into the slope of the main body of the roof. We also replaced the hipped-roof tower elements at the corners with small gables at the elevations facing toward the park or the central common area. In addition to creating variety in the architecture, these changes help to minimize the overall massing of Building 8, located at the southwest corner of the site near the pedestrian connection to the Greer Park. (Please see Sheets A08.3, A26, A27.) • To further address the ARB’s request for high-quality exterior materials, we revised the material palette to include clay brick for the brick veneer in lieu of concrete brick and we replaced the concrete cap with a course of full clay brick. The clay brick has a high-quality texture and integrated color. In addition to the clay brick, the exterior materials continue to include 4” and 8” smooth- finish lap siding, elements of smooth-paneled millwork, stucco with a 20/30 light sand finish and wide-frame VPI Endurance Series windows. (Please see Sheets A31 – A33.) • At the ARB’s recommendation, we simplified the material palette for each building by using either brick veneer or 4” lap siding at the front entries, rather than a mix of both as previously proposed. We also simplified the color schemes by matching the color of the smooth millwork panels to the adjacent body color and by using a consistent color for the eave, gutter, and fascia board on each building, which also serves to emphasize the variation in the massing and the roofline. These changes to the color application and materials give the architecture a simpler, timeless character with a clear expression of the base, middle and top. (Please see the building elevations, e.g., Sheets A14 – A15.) • At Building 6, we modified the left elevation by wrapping the shed roof around the corner of the building at the first floor to emphasize the visual base of the building. (Please see Sheet A24.) Landscaping • With the changes to Buildings 4 and 5, we created more space for the trees and other landscaping serving as a buffer between the buildings and the park. (Please see Sheet L1.0.) Garrett Sauls May 31, 2022 Page 3 Graphics • We added a new illustrative and enlarged section detail to the plans to show the relationship between the project and the park at the end of C Street. (Please see Sheet L1.2.) Project Description • The project description has been updated to reflect the revisions to the project. Again, we appreciate the feedback that we received from the ARB on January 20th and April 21st. We look forward to the City Council hearing on June 20th and the opportunity to create another Community of Distinction in Palo Alto. Please let us know if you have any questions. Thank you. Sincerely, John Hickey Vice President of Development Attachment: Letter to Garrett Sauls re 6th Submittal – Summary of Revisions, April 8, 2022 cc: Jodie Gerhardt, City of Palo Alto Elaine Breeze, SummerHill Housing Group Jared Brotman, SummerHill Housing Group 777 S. California Avenue, Palo Alto, CA 94304 phone 650.857.0122 fax 650.857.1077 SHHomes.com April 8, 2022 Via https://aca-prod.accela.com/PALOALTO Garrett Sauls Associate Planner Planning and Development Services Department City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: 2850 W. Bayshore Road, Palo Alto Major Architectural Review – 21PLN00177 6th Submittal – Summary of Revisions Dear Garrett, SummerHill Homes thanks the Architectural Review Board for providing comments at the hearing on January 20, 2022, regarding SummerHill’s proposed 48-unit townhome project at 2850 W. Bayshore Road. SummerHill has revised the project to address the Board’s comments and is submitting the revised plans to the City in conjunction with this letter. For the convenience of the Board, the following is a summary of the revisions that SummerHill has made to the project to address the Board’s comments: Site Plan • We added a pedestrian ramp at the southeast corner of the site to provide a direct, accessible connection to Greer Park and the on-street parking along Colorado Avenue. • We changed the construction method and the material for the upper retaining wall at the perimeter of the site in order to balance the height of the upper and lower retaining walls to the extent feasible. As in the previous plans, the upper retaining wall will be screened by shrubs in the landscape tier between the two retaining walls, and vines will trail over the top of the lower retaining wall. Garrett Sauls April 8, 2022 Page 2 • We added a slope to the rear section of the common area so that we could further reduce the height of the lower retaining wall. Architecture • We redesigned the tower elements to comply with the City’s 35-foot height limit. The tower elements continue to be integrated into the design of the units to provide volume ceilings and additional light. • All of the buildings have been redesigned to eliminate the parapet elements at the middle units. To differentiate the building types, the parapets have been replaced with hipped roof elements in some buildings and with shed roof elements in other buildings. • To accommodate the direct pedestrian connection to Greer Park and the on-street parking along Colorado Avenue, we introduced a new building type at Buildings 7 and 8 with a different unit mix. • We revised the massing and materials at the second story in a number of locations to further differentiate the buildings. • To make the unit entries more distinctive, we introduced a variety of designs and materials, including brick veneer, shed roofs and scored stucco. In addition, some of the units continue to have 4-inch lap siding. • We enhanced the exterior materials by adding brick veneer at key locations and upgrading the stucco to 20/30 light sand finish. • We upgraded all of the operable windows to casement windows with a substantial frame. • We revised the color schemes to use warmer tones and avoid bright white. • We modified the unit floor plans to ensure at least 7.5 feet of vertical clearance for every parking space. • With the revised building types and the additional materials, each building will have a unique combination of building type and color scheme. Landscaping • We revised the plant palette so that approximately 80% of the shrub, groundcover and sod species will be native. All of the plants will be native, habitat-forming and/or drought tolerant. • With the introduction of a new building type at Buildings 7 and 8, we created more space to plant trees and other landscaping as an additional buffer between the buildings and the park. Garrett Sauls April 8, 2022 Page 3 • We changed the color of the sound wall to a warmer tone similar to the existing sound wall located approximately ¼ mile north of the project site. The warmer tone will complement the ficus pumila climbing vines that will be planted along the base of the wall. Graphics • We added illustrative and enlarged section details to the plans to show the relationship between the project and the adjacent properties. • We added enlarged street scenes to the plans to better illustrate how the project will look from off site. • We added details and elevations to show the design of the sound wall and the ficus pumila climbing vines. Project Description • The project description has been updated to reflect the revisions to the project. We look forward to the Architectural Review Board hearing tentatively scheduled for April 21st. SummerHill will provide a separate letter with additional detail about the revisions prior to the hearing. In the meantime, please let us know if you have any questions. Thank you. Sincerely, John Hickey Vice President of Development cc: Elaine Breeze, SummerHill Housing Group Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Three Embarcadero Center, 12th Floor | San Francisco, CA 94111-4074 Telephone: 415.837.1515 | Facsimile: 415.837.1516 www.allenmatkins.com David H. Blackwell E-mail: dblackwell@allenmatkins.com Direct Dial: 415.273.7463 File Number: 392195.00001/4860-1869-2637.1 Los Angeles | Orange County | San Diego | Century City | San Francisco Allen Matkins Via Electronic Mail April 26, 2022 Jonathan Lait Planning Director Palo Alto City Hall 250 Hamilton Avenue - Fifth Floor Palo Alto, CA 94301 Jonathan.Lait@CityofPaloAlto.org Re: 2850 West Bayshore Road 21PLN-00177: ARB Recommendation Dear Director Lait: This office represents SummerHill Homes LLC, the applicant of the above-referenced 48- unit townhome project. At its April 21, 2022 hearing, the City’s Architectural Review Board (ARB) unanimously recommended that you disapprove the project. The ARB’s recommendation is legally flawed. Despite being advised through your Staff Report that review of the project is governed by the State Housing Accountability Act (HAA) (Gov. Code § 65589.5), the ARB ignored this requirement and based its disapproval recommendation solely on the Board’s subjective allegation of inconsistencies with the City’s Architectural Review findings. (PAMC, § 18.76.020(d).) The City must follow State law despite the ARB’s attempts to ignore it. The ARB’s failure to acknowledge and follow the HAA is surprising because the application of the HAA to projects such as SummerHill’s is well-documented in both administrative and judicial proceedings throughout California. Moreover, the Staff Report clearly identified the ARB’s obligations under the statute: the project, with the requested concession, is in conformance with all of the City’s objective development standards. As a result, the City’s discretion to deny or reduce the density of the project is constrained by the Housing Accountability Act (Gov. Code § 65589.5). The HAA states that a city cannot disapprove a project or impose a condition Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Jonathan Lait April 26, 2022 Page 2 that requires a lower density, when the project complies with objective standards. The only exception to this is when a project would have a specific adverse impact, which is narrowly defined. (ARB Staff Report, p. 5.) The Staff Report accurately summarizes and applies the requirements under Section 65589.5(j) to the project. Notwithstanding the guidance in the Staff Report, the ARB made no finding of any “specific, adverse impact” upon the public health or safety. Furthermore, based on the evidence in the administrative record, there are no grounds to find that the project would have any specific, adverse impact upon the public health or safety. (Gov. Code, § 65589.5(j)(1).) Because of the State’s ongoing housing crisis, the Legislature has strengthened the enforcement provisions of HAA, thereby expanding the field of potential litigants beyond the applicant to include housing organizations and the Attorney General, while increasing a local agency’s penalties for noncompliance with the statute. (Gov. Code, § 65589.5(k)-(n).) SummerHill has worked hard and in good faith to design a high-quality residential community that meets the City’s standards, formally revising and resubmitting the project plans five times to address the City’s comments. SummerHill continues to believe that the project meets or exceeds the City’s criteria for Architectural Review. In addition, SummerHill has identified further changes to the project that would feasibly address some of the ARB’s most recent comments. SummerHill is available to discuss these potential changes with the City prior to the issuance of the City’s written decision pursuant to Municipal Code section 18.77.070(d). However, if the written decision follows the ARB’s recommendation instead of the governing law, please be advised that SummerHill will exercise all administrative and judicial remedies available under the law, including the immediate filing of an appeal to the City Council in order to exhaust its administrative remedies. SummerHill looks forward to continuing to work with the City on this project. Very truly yours, David H. Blackwell cc: Jodie Gerhardt, Manager of Current Planning Albert Yang, Assistant City Attorney Garrett Sauls, Planning Elaine Breeze, SummerHill Housing Group John Hickey, SummerHill Housing Group Attachment F Project Plans, Environmental, & Supporting Documents Project plans, Environmental, & Supporting documents are only available to the public online. Hardcopies of the plan sets have been provided to Board, Commission, and Council members. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “2850 W. Bayshore” and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.cityofpaloalto.org/News-Articles/Planning-and-Development-Services/2850-W.- Bayshore-21PLN-00177