HomeMy WebLinkAboutStaff Report 14809
City of Palo Alto (ID # 14809)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/28/2022
City of Palo Alto Page 1
Summary Title: 419 Palm: Request for a Building Permit Extension to Allow
for Final Occupancy
Title: QUASI-JUDICIAL. 419 Palm (14PLN-00410): Consideration to Approve a
Building Permit Extension in Accordance With Palo Alto Municipal Code
Section 16.04.090. Environmental Analysis: A Mitigated Negative Declaration
was Approved on September 2, 2016.
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that the City Council approve a building permit extension for a single-family
residential project at 419 Palm Street.
Background
In September 2016, the Director of Planning and Development Services approved the Individual
Review and Variance application for a proposed two-story residence located at 419 Palm Street
(Attachment A). The site is located along the bank of San Francisquito Creek. The previous
residence encroached into the creek bank, constricting the channel during storm events.
Removal of the existing home eliminated this constraint and replaced it with a house outside
the channel that complies with current Flood Emergency Management Agency (FEMA)
requirements.
As part of the application process, the City coordinated with wildlife and water resource
agencies to receive input on the project. The concrete foundation within the vertical creek
channel, which was keyed into the bank, was proposed to remain; its removal would have
required extensive permitting from relevant agencies (Regional Water Quality Control Board
(RWQCB), Army Corps of Engineers, Valley Water, and California Department of Fish and
Wildlife (CDFW)). The applicant proposed to remove the home and associated foundation in
areas above the adjacent sacked concrete wall (i.e. outside of the vertical channel). The area
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above the wall was proposed to be regraded to conform to the upstream and downstream
areas at the rear of the property and to slope that back away from the vertical channel. Any
exposed soil areas were proposed to be revegetated. This proposal was reflected in the
relevant technical analyses for the project (e.g. hydraulic analysis) and in the plans that were
approved for planning entitlement and building permit. The applicant agreed to provide an
easement to Santa Clara Valley Water District (SCVWD) as part of the proposed project; this
was stipulated as a condition of the planning entitlement.
During construction, the removal of the existing home revealed that the previous home’s
foundation was a slab-on-grade design that was connected to the concrete wall within the
creek. It was unclear to what extent the existing slab and the retaining walls of the previous
home’s foundation were integral to the stability of the concrete wall within the creek. The
applicant’s civil engineer recommended retaining the slab and associated retaining walls. The
analysis did not prove that it was infeasible to construct as originally proposed but created
uncertainty regarding the conclusions of previous reports submitted by the applicant. The
analysis had determined that the proposed (and ultimately approved) design would not affect
the stability of the creek bank. The applicant alternatively proposed to retain the slab and
portions of the walls of the former home, a condition that had not yet been evaluated.
Because this proposal deviated from the approved plans and associated technical analyses, the
City and SCVWD requested technical reports and plans to support the new proposed condition
of the site. By the end of 2018, construction of the new home was completed, so the City issued
a temporary certificate of occupancy to the applicant. The City required execution of a
Temporary Occupancy Agreement to document the outstanding items requiring resolution
prior to final occupancy. This executed agreement is included in Attachment B. The City granted
temporary occupancy on December 21, 2018.
Discussion
From 2019 onward, the applicant proposed design considerations that could not be supported
by the City, SCVWD, or relevant wildlife and/or water resource agencies. There were often
extensive lead times between submittals from the applicant and long lead times for SCVWD
review. The property owner filed and obtained extensions on their building permit as these
discussions, primarily among the City, property owner, and SCVWD, continued. The three
allowed extensions have now been exhausted. In accordance with PAMC Section 16.04.090 the
Chief Building Official is authorized to grant, in writing, no more than three extensions and
reactivations of permits that would otherwise expire, or reactivations of expired permits.
Additional extensions or reactivations beyond three may only be granted with the approval of
the City Council.
The applicant has now provided the required technical documentation to demonstrate to the
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City and SCVWD that its most recent proposal is acceptable. A final building permit extension is
required to allow this work to be completed.
Policy Implications
Approval of the building permit extension would not have significant policy implications. A
further extension is allowed in accordance with the Palo Alto Municipal Code, with approval
from Council. Approval of the extension would allow for the City to issue final occupancy
following the execution of an easement dedication to Valley Water, satisfying the final
conditions of approval of the proposed project.
Resource Impact
A fourth extension of the building permit would not have a resource impact on the City. The
applicant has filed a building permit revision for the proposed condition of the property and
paid the applicable fees. The extension would allow the City to reactivate the building permit,
issue the revision that reflects the proposed site conditions, and issue final occupancy following
the execution of the easement dedication.
Under the temporary occupancy agreement, the applicant did not complete the remaining
items in the timeframe set forth in the agreement. Therefore, the City does have the authority
to issue penalties. Staff has not enacted this authority to date, given the continued discussions
toward a resolution.
Timeline
The applicant has already prepared the technical reports (hydraulic analysis) and submitted the
associated plans to the City as part of a building permit revision. SCVWD and the City have
requested minor modifications to these plans for clarification. The proposed post-project
condition has been discussed with the RWQCB and designed, based on their feedback, in a
manner that does not require further permits. The easement dedication agreement has been
drafted. Although the final language is still under review, staff anticipates completion of the
easement dedication within the next quarter.
Stakeholder Engagement
The City has worked with SCVWD (and thereby indirectly with the San Francisquito Creek Joint
Powers Authority), RWQCB, the applicant, and the applicant’s consultants to evaluate potential
solutions and determine a path toward a resolution that would satisfy all parties and complete
the conditions of approval of the project.
Environmental Review
The project was assessed in accordance with the authority and criteria under the California
Environmental Quality Act (CEQA). The City circulated a Mitigated Negative Declaration (MND)
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for the proposed project on June 10, 2016, which ended on June 30, 2016. The City filed a
Notice of Determination for the approved project in September 2016. The proposed post-
project condition along the creek bank does not include new work, beyond what was assessed
in the Final MND. The project would be less impactful than the previous project in that it does
not include regrading in the location of the previous structure. A portion of the foundation
would remain, including the slab that connects to the vertical concrete wall within the channel,
and a portion of the former walls of the foundation. Hydraulic modeling shows that the
proposed post-project condition is designed to withstand the anticipated flow and velocity of
the water within San Francisquito Creek, as identified by SCVWD, for storm events that would
overtop the vertical channel.
Attachments:
Attachment A: Original Approval Letter (PDF)
Attachment B: Executed Temporary Occupancy Agreement (PDF)
Attachment: Conditions of Approval
September 2, 2016
Stacey Olgado
831 Melville Ave.
Palo Alto, CA 94301
SUBJECT: 419 Palm Street, Individual Review 14PLN‐00410, REVISED
On August 19, 2016, the Director of Planning and Community Environment conditionally approved
Single Family Individual Review application 14PLN‐00410, a request by Stacey Olgado on behalf of Di‐
Ann Eisnor for Individual Review (IR) and a variance for demolition of the existing home, which
protrudes into the adjacent creek, and construction of a new 3,400 sf two‐story home with dedication of
an approximately 1,633 sf easement to the Santa Clara Valley Water District for control of the San
Francisquito Creek. The project also includes variances for floor area (122 sf), small side setback
protrusion, and location of parking space. The site is located in the R‐1(10,000) zoning district. Palo Alto
Municipal Code (PAMC) Section 18.76.030, based on the findings listed below, and the Individual Review
(IR) application pursuant to PAMC Section 18.12 and 18.77 (Sections 18.12.110 and 18.77.075). On
September 2, the tentative approval and conditions of approval were revised to document the City’s
approval of the Mitigated Negative Declaration (MND) as well as adoption of all mitigation measures
identified in the MND, as outlined in the Mitigation Monitoring and Reporting Program. This was
added as Condition #3 to the original conditions of approval. As per the revised condition, the project
meets all five of the Palo Alto Single Family Individual Review Guidelines and complies with the R‐1 Zone
District development regulations. The City has hereby approved the Mitigated Negative Declaration,
prepared in accordance with the California Environmental Quality Act. The Public Notice period for the
MND began on June 10, 2016 and concluded on June 30, 2016.
The 14‐day appeal period for the tentative approval will end 14 days from the date of the original
approval on August 19, 2016, at which time the above project would be deemed approved with
revised conditions of approval. This letter and attached conditions and findings shall be printed onto
building permit plans relating to this approval. If the building permit has not been issued and
construction commenced within one year from the effective approval date, this approval will expire. A
written request for an extension may be submitted prior to the expiration date. The Director may grant
a one‐year extension of this approval.
Should you have any questions regarding this approval, please do not hesitate to contact Claire
Hodgkins at claire.hodgkins@cityofpaloalto.org.
Sincerely,
/s/
Jodie Gerhardt, AICP
Manager of Current Planning
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Individual Review 14PLN-00410
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INDIVIDUAL REVIEW CONDITIONS OF APPROVAL – Revised
419 Palm Street
Individual Review 14PLN‐00410
The approval is subject to compliance with the following conditions. The property owner is solely
responsible for the conditions of approval being met. Planning staff recommends the property owner
discuss the conditions of approval with the contractor, designer, etc. and contact Planning staff with any
questions.
The approval is subject to the following conditions:
PLANNING DIVISION CONDITIONS:
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans
entitled "Eisnor Residence, New Two‐Story House, 419 Palm St. Palo Alto, CA94301”, dated 2‐15‐16,
stamped as received by the City on March 07, 2016, on file with the Planning Division, 250 Hamilton
Avenue, Palo Alto, California, except as modified by these conditions of approval.
2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire,
Public Works, and Building Departments.
3. MITIGATION MONITORING AND REPORTING PROGRAM. The applicant will comply with all
mitigation measures, as outlined in the attached mitigation monitoring and reporting program.
The above referenced condition was added in compliance with the California Environmental Quality
Act.
4. BUILDING PERMIT PLAN SET.
a. A copy of this cover letter and conditions of approval shall be printed on the second page of the
plans submitted for building permit.
b. A note shall be added to the Proposed Site Plan that an encroachment permit shall be obtained
from the Santa Clara Valley Water District (SCVWD) to allow portions of the buildings to
overhang the future (new) easement, and any other encroachments.
c. The Site Plan shall clearly show areas within 10x the diameter of the protected oak and the
cottonwood trees, where pier and grade beam foundation is required, with grade beams at or
above grade. The sections shall be corrected accordingly. If traditional foundation is used
instead, the life span of the Cottonwood is likely to be reduced. To compensate for the early
death, three (3) new trees of native riparian species (such as White Alder, Black Cottonwood,
California Sycamore, or California Bay Laurel) could be planted as proactive replacements.
Replacements would have enough time to become established and serve similar functions for
creek bank stabilization and shading. Placement should be strategic to grow into the space
which will eventually be vacated by the existing Cottonwood. The Cottonwood should still be
retained and protected to the extent practical.
d. The pool equipment and enclosure, tall due to the need to be above BFE, shall be well screened
by vegetation from the street. It will be moved to in front of the garage wall, inside the planter
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on the left side of the driveway, in a manner more integrated with the building and landscape
(planter), reviewed and found approvable by Planning during the building permit process.
e. Chemical storage associated with the proposed pool shall be located a minimum of 50 feet from
the top of the bank and all outdoor night lighting shall be directed away from the riparian
corridor.
f. The north arrow on the plans shall be corrected to show true north consistent with the survey,
and a project north may be added for convenience.
g. The bay window of Study upstairs shall be revised to show bottom of framing being at least 18
inches above the adjacent floor, and over 50% of wall surfaces to be windows, and any south
facing windows shall be obscured to at least 5’‐6” above floor.
h. The Master Bedroom balcony shall be dimensioned to be 5’‐9” deep.
i. Proposed site plan notes 2’‐0’ rock wall at front property line, but front elevation notes natural
color concrete for the same wall. Please make consistent.
j. C1 shall show surface flow arrows away from oak tree #10 in all directions.
k. GB‐1 sheet shall be updated to the current version, available at
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=47669, and signed by
owner.
5. OBSCURED GLAZING. All obscure glazing, as shown on the plan set, shall be permanent in nature
and shall remain for the life of the structure. Obscure glazing is either decorative glazing placed into
the window frame that does not allow views through or acid etched or similar permanent alteration
of the glass. Films or like additions to clear glass are not permitted where obscure glazing is shown.
Obscure glazing shall not be altered in the future and shall be replaced with like materials if
damaged.
6. REQUIRED PARKING: All single family homes shall be provided with a minimum of one covered
parking space (10 foot by 20 foot interior dimensions) and one uncovered parking space (8.5 feet by
17.5 feet min.).
7. SCVWD EASEMENT. The property owner shall dedicate and record a new easement to the SCVWD 5
feet landward from the projected future flood wall, resulting in a new easement of approximately
1,633 sf. The general location of this easement is shown as “(N) SCVWD easement” on Sheet A1.2 of
the approved plans. The terms and conditions of this easement shall be negotiated with the
SCVWD. Proof of such easement shall be provided to the City prior to release of any Building
permit.
8. SCVWD ENCROACHMENT PERMIT. A note shall be added to the Proposed Site Plan that an
encroachment permit shall be obtained from the Santa Clara Valley Water District (SCVWD) to
allow portions of the buildings to overhang the future (new) easement, and any other
encroachments. That permit may involve the applicant’s commitment of funds to cover the cost of
future removal of the foundation of the old house and repair of that portion of the creek bank. The
terms and conditions of the encroachment will be negotiated with the SCVWD. Proof of such
encroachment permit shall be provided to the City prior to release of any Building permit.
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9. EXISTING HOME FOUNDATION. Until the construction of a new flood wall by the SCVWD, the
applicant shall be allowed to retain portions of the existing home foundation, provided the following
are implemented, prior to final Planning inspection:
a. The existing structure shall be removed down to a horizontal line at the top of the
adjacent sacked concrete wall or the top of the foundation, whichever is lower, at
owner’s expense.
b. The creek bank above the remaining foundation structure shall be graded per a final
grading and drainage plan and revegetated per a final landscape plan subject to
approval by the Public Works Engineering Division and the Director of Planning.
10. UTILITY LOCATIONS: In no case shall utilities be placed in a location that requires equipment and/or
bollards to encroach into a required parking space.
11. LIGHTING. All outdoor night lighting shall be directed away from the riparian corridor.
12. BAY WINDOWS: Bay windows if at least 18 inches above the interior floor, projecting no more than
two feet, and with more than 50% window surface shall not be counted towards the home’s floor
area ratio (FAR). Any changes to proposed bay windows must first be reviewed and approved by the
Director of Planning and Community Environment.
13. NOISE PRODUCING EQUIPMENT: All noise producing equipment shall be located outside of required
setbacks, except they may project 6 feet into the required street side setbacks. In accordance with
Section 9.10.030, no person shall produce, suffer or allow to be produced by any machine, animal or
device, or any combination of same, on residential property, a noise level more than six dB above
the local ambient at any point outside of the property plane.
14. CONSTRUCTION NOISE REQUIREMENTS. As required by the City’s Building Official, signage shall be
posted at all entrances to the construction site upon commencement of construction for the
purposes of informing all contractors and subcontractors, their employees, agents, material men
and all other persons at the construction site, of the basic requirements of the Noise Ordinance.
Said sign shall read as follows:
CONSTRUCTION HOURS FOR RESIDENTIAL PROPERTIES
(Includes any and all deliveries)
MONDAY – FRIDAY 8:00AM and 6:00PM
SATURDAY 9:00AM to 6:00PM
SUNDAY/HOLIDAYS Construction Prohibited
Violation of this Ordinance is a misdemeanor punishable by a maximum of six months in jail,
$1,000 fine, or both. Violators will be prosecuted. P.A.M.C §9.10.060(b).
All construction equipment powered by internal combustion engines shall be properly muffled
and maintained in good working order
Unnecessary idling of internal combustion engines shall be prohibited.
All stationary noise‐generating construction equipment such as concrete crushers, generators,
and pumps, shall be located as far as practical from existing nearby residences and other noise‐
sensitive land uses. Equipment shall be acoustically shielded.
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Quiet construction equipment, particularly air compressors, shall be selected whenever
possible.
15. DAYLIGHT PLANE: The daylight plane must clear the point where the wall plane intersects the top of
the roof material.
16. IMPERVIOUS SURFACE: A minimum of 60 % of the required front yard shall have a permeable
surface that permits water absorption directly into the soil (Section 18.12.040 (h)). The building
permit plan set shall include a diagram demonstrating compliance.
17. TREE PROTECTION FENCING. Tree protection fencing as shown on Arborist’s report on T2 shall be
installed before any demolition.
18. FENCES. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of
the Palo Alto Municipal Code (PAMC)
19. PLANNING 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, fenestration and hard surface locations. Contact the Project Planner to schedule this
inspection. Special attention shall be paid to:
a. Four (4) obscured stacked windows at the stairwell, three (3) obscured upper transoms
on the right side of Living Room, and south facing window at the bay of Study obscured
to 5’‐6” above floor minimum.
b. Two inch cedar siding for most of house and garage door,
c. Chemical storage shall be located a minimum of 50 feet from the top of the bank and all
outdoor night lighting shall be directed away from the riparian corridor.
20. 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.
GREEN BUILDING & ENERGY REACH CODE REQUIREMENTS:
Please be advised that the Palo Alto City Council has approved Energy Ordinance 5326 and Green
Building Ordinance 5326 for all new permit applications, effective starting June 22nd, 2015, as
summarized below. To review the specific changes, visit the Development Services webpage .On the
left hand side under “explore”, hover over “Green Building” and select “Compliance” You may also
email Melanie Jacobson at Melanie.Jacobson@CityofPaloAlto.org for specific questions about your
project.
1) GREEN BUILDING CONDITIONS OF APPROVAL
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a) The project is a new construction residential building of any size and therefore must meet the
California Green Building Code mandatory requirements outlined in Chapter 4, (with local
amendments) plus Tier 2 minimum pre‐requisites and electives outlined in Appendix A4* (with
local amendments). The project must hire a Green Building Special Inspector for a pre‐permit
third‐party design review and a third‐party green building inspection process. The project must
select a Green Building Special Inspector from the City’s list of approved inspectors. PAMC
16.14.080 (Ord. 5324 § 1 (part), 2015)
*Note: Projects subject to Tier 1 or Tier 2 shall not be required to fulfill any requirements
outlined in Appendix A4.2 Energy Efficiency. All energy efficiency measures are found in the
2013 California Energy Code and the Palo Alto Energy Reach Code PAMC 16.17 & 16.18 as
described in the Energy Reach Code section below.
b) EMERGENCY DROUGHT REGULATIONS: The project is a residential new construction project
with a landscape of any size included in the project scope and therefore must comply with
Potable water reduction Tier 2 in accordance with the Emergency Drought Regulations effective
June 1st, 2015. Documentation is required to demonstrate that the Estimated Total Water Use
(ETWU) falls within a Maximum Applied Water Allowance (MAWA) using the ET adjustment
factor (ETAF) of 0.55 for landscaped areas. Vegetable gardens and other areas that qualify as
Special Landscape Areas (SLA) will be given an ETAF of 1.0. (PAMC 16.14 (Ord. 5324 § 1 (part),
2015) and the Emergency Drought Regulations link below. The project applicant shall indicate
the requirements on the Permit Plans.
http://www.documents.dgs.ca.gov/bsc/2015TriCycle/BSC‐Meetings/Emergency‐Regs/HCD‐EF‐
01‐15‐ET‐Pt11.pdf
c) The project is a residential construction project of any size and therefore must meet the
enhanced construction waste reduction at tier 2 (75% construction waste reduction). PAMC
16.14.160 (Ord. 5324 § 1 (part), 2015)
d) The project is a new detached single‐family dwelling and therefore shall comply with the
following requirements for electric vehicle supply equipment (EVSE) as shown in :
(a) The property owner shall provide as minimum a panel capable to accommodate a
dedicated branch circuit and service capacity to install at least a 208/240V, 50
amperes grounded AC outlet (Level 2 EVSE). The raceway shall terminate in close
proximity to the proposed location of the charging system into a listed cabinet, box,
enclosure, or receptacle. The raceway shall be installed so that minimal removal of
materials is necessary to complete the final installation. The raceway shall have
capacity to accommodate a 100‐ampere circuit.
(b) Design. The proposed location of a charging station may be internal or external to
the dwelling, and shall be in close proximity to an on‐site parking space. The
proposed design must comply with all applicable design guidelines, setbacks and
other code requirements. PAMC 16.14.420 (Ord. 5234 § 2, 2015)
2) LOCAL ENERGY REACH CODE CONDITIONS OF APPROVAL
a) The project includes new residential construction of any size and therefore triggers the Local
Energy Efficiency Reach Code. For all new single‐family residential, the performance approach
specified within the 2013 California Energy Code shall be used to demonstrate that the TDV
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Energy of the proposed building is at least 15% less than the TDV Energy of the Standard Design.
(Ord. 5324 § 1 (part), 2015)
PUBLIC WORKS URBAN FORESTRY CONDITIONS – Walter Passmore
Tree Protection Zones (TPZ) must have a radius equal to 10 times the diameter of the tree trunk. Any
infringement into the TPZ must be quantified and mitigation practices prescribed by the project arborist.
Infringements may not exceed 25% of the area of the TPZ. Type I protection measures are required for
all trees located on the private property, Type II is only appropriate for street trees. Show actual TPZ on
site plan with distances scaled to closest impact where the limits of construction infringe into the TPZ.
PLANS‐‐SHOW PROTECTIVE TREE FENCING. The Plan Set (esp. site, demolition, grading & drainage,
foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show Type I or Type II fencing
around each Regulated Tree, using a bold dashed line enclosing the Tree Protection Zone as shown on
Standard Dwg. #605, Sheet T‐1, and the City Tree Technical Manual, Section 6.35‐Site Plans; or use the
Project Arborist’s unique diagram for each Tree Protection Zone enclosure."
The Site Plan shall clearly show areas within 10x the diameter of the protected oak and the cottonwood
trees, where pier and grade beam foundation is required, with grade beams at or above grade. The
sections shall be corrected accordingly. If traditional foundation is used instead, the life span of the
Cottonwood is likely to be reduced. To compensate for the early death, three (3) new trees of native
riparian species (such as White Alder, Black Cottonwood, California Sycamore, or California Bay Laurel)
could be planted as proactive replacements. Replacements would have enough time to become
established and serve similar functions for creek bank stabilization and shading. Placement should be
strategic to grow into the space which will eventually be vacated by the existing Cottonwood. The
Cottonwood should still be retained and protected to the extent practical.
TREE PRESERVATION ASSESSMENT/IMPACT MITIGATION.
a) Both the Site Plan and the prepared TPR shall show and describe the relationship of proposed grading
and utility trenching to the trees designated for preservation. The architect/engineer/arborist shall
address and recommend design changes and/or viable mitigation measures for the tree(s). The TPR
scope shall specifically describe foreseeable impacts and recommend design adjustments or alternatives
needed to reduce or eliminate impacts to retained trees, including public trees adjacent to the site.
Applicant and arborist shall use the criteria set forth in the tree preservation ordinance, PAMC
8.10.030/080, and the CPA Tree Technical Manual, Section 3.00, 4.00 and 6.30, available at:
(http://www.cityofpaloalto.org/environment/urban_canopy.asp).
b) Unless otherwise mitigated and approved by the Director on the basis of a final TPR, all development
activity shall be located outside the dripline of a protected tree, including any grading, foundation,
excavation, fill, etc. An approved TPR will also provide information for the following critical areas:
•TPR scope will include any staging or logistics area associated with building the project. Include street
trees adjoining the project. Tree Protection Zone (TPZ). List the precise recommended TPZ fencing
placement for each tree (in feet), specify Type I around protected trees street trees to be enclosed.
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Specify fence placement changes after demolition occurs. Describe the watering schedule for all trees
within the scope of the TPR.
•Design changes. The TPR must propose mitigation measures or design changes for drainage, grading,
underground trenching, foundations, cut, fill, compaction, exclusion area from irrigation, etc. For the
purposes of the TPR, existing utilities to be accessed, upgraded, remain or repaired shall be considered
for mitigation.
•Inspections during construction. The TPR will outline a proposed site arborist inspection and reporting
schedule to be followed for all trees retained, protected and relocated. Site inspections are required for
implementation and success of the TPR. See Sheet T‐1, Checklist.
•To avoid improvements that may be detrimental to the regulated tree health, the TPR may need to
review a basic landscape plan submitted by the applicant to ensure the new landscape is consistent with
CPA Tree Technical Manual, Section 5.45 and Appendix L, Landscaping under Native Oaks.
PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE
1. BUILDING PERMIT SUBMITTAL‐ PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for
staff review, attach a Project Arborist Certification Letter that he/she:
a) reviewed the entire building permit plan set submittal and,
b) verified all his/her updated TPR mitigation measures and changes are incorporated in the plan
set,
c) verified that landscape and irrigation plans are consistent with CPA Tree Technical Manual,
Section 5.45 and Appendix L, Landscaping under Native Oaks and PAMC 18.40.130.
d) affirmed that ongoing Contractor/Project Arborist site monitoring inspections and reporting
have been arranged with the contractor or owner (see Sheet T‐1) and,
e) understands that design revisions (site or plan changes) within a TPZ will be routed to Project
Arborist/Contractor for review prior to approval from City.
2. BUILDING PERMIT CORRECTIONS/REVISIONS‐‐COVER LETTER. Provide a separate cover letter with
Correction List along with the revised drawings when resubmitting. State where the significant tree
impacts notes occur (bubble) and indicate the sheet number and/or detail where the correction has
been made. Provide: 1) corresponding revision number and 2) bubble or highlights for easy
reference. Responses such as “see plans or report” or “plans comply” are not acceptable. Your
response should be clear and complete to assist the re‐check and approval process for your project.
3. PLAN REQUIREMENTS. The final Plans submitted for building permit shall include the following
information and notes on relevant plan sheets:
a. SHEET T‐1, BUILDING PERMIT. The building permit plan set will include the City’s full‐sized,
Sheet T‐1 (Tree Protection‐it's Part of the Plan!), available on the Development Center website
at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant shall
complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree
Activity Inspection Schedule. Monthly reporting to Urban Forestry and Contractor are
mandatory. (Insp. #1: applies to all projects; with tree preservation report Insp. #2‐6 applies;
with landscape plan: Insp. #7 applies.)
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b. The Tree Preservation Report (TPR). All sheets of the Applicant’s TPR approved by the City for
full implementation by Contractor, (Arborist Report & Tree Protection Plan, dated October,
2015) shall be printed on numbered Sheet T‐1 (T‐2, T‐3, etc.) and added to the sheet index.
4. Show Protective Tree Fencing. The Plan Set (esp. site, demolition, grading, foundation, irrigation,
tree disposition, utility, etc.) must delineate/show Type I or Type II fencing around each Regulated
Trees, using a bold dashed line enclosing the Tree Protection Zone as shown on Standard Dwg. #605,
Sheet T‐1, and the City Tree Technical Manual, Section 6.35‐Site Plans; or using the Project Arborist’s
unique diagram for each Tree Protection Zone enclosure.
5. ADD SITE PLAN NOTES:
i. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures,
design recommendations, watering and construction scheduling shall be implemented in full
by owner and contractor, as stated in the Tree Protection Report on Sheet T‐1 and the
approved plans”.
ii. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant
sheets shall add a note applying to the trees to be protected,
including neighboring trees stating: "Regulated Tree‐‐before working in this area contact
the Project Site Arborist Elizabeth Latham at 669‐236‐7619 (cell) or 650‐475‐5400(office)";
iii. Note #3. “Basement or foundation plan. Soils Report and Excavation for foundation or
basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch
piers may be necessary) in order to avoid over‐excavating into the tree root zone. Any
variance from this procedure requires Urban Forestry approval, please call (650) 496‐5953.”
iv. Note #4. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall
include the following note: “Utility trenching shall not occur within the TPZ of the protected
tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of
the protected tree by contractors, City crews or final landscape workers. See sheet T‐1 for
instructions.”
6. TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance, a written
verification from the contractor that the required protective fencing is in place shall be submitted to
the Building Inspections Division. The fencing shall contain required warning sign and remain in
place until final inspection of the project.
DURING CONSTRUCTION
7. 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, then Table 2‐1, Trenching and Tunneling Distance, shall be
printed on the final plans.
8. 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
and Urban Forestry.
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9. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and
inspection schedule measures, design recommendations and construction scheduling as stated in
the TPR, and is subject to code compliance action pursuant to PAMC 8.10.080. The required
protective fencing shall remain in place until final landscaping and inspection of the project. Project
arborist approval must be obtained and documented in the monthly activity report sent to the City.
A mandatory Monthly Tree Activity Report shall be sent monthly to the City
(pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the
Tree Technical Manual, Addendum 11.
10. 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.
11. GENERAL. The following general tree preservation measures apply to all trees to be retained: No
storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area.
The ground under and around the tree canopy area shall not be altered. Trees to be retained shall
be irrigated, aerated and maintained as necessary to ensure survival.
PRIOR TO OCCUPANCY
12. PROJECT ARBORIST INSPECTION LETTER. The contractor shall call for a final inspection by the Project
Arborist to evaluate all trees to be retained and protected, as indicated in the approved plans, of the
activity, health, welfare, mitigation remedies for injuries, if any, and for the long term care of the
trees for the new owner.
a. The final project arborist letter report shall be provided to the Planning Department prior to
written request for temporary or final occupancy. The final report may be used to navigate
any outstanding issues, concerns, or security guarantee return process, when applicable.
PUBLIC WORKS ENGINEERING CONDITIONS Michel Jeremias, 329‐2446
PRIOR TO ISSUANCE OF A DEMOLITION PERMIT
1. As discussed at a site meeting on August 2015, the removal of the existing building foundation and
the associated creek bank restoration will require permits from other agencies. Should the existing
foundation need to be removed and creek bank restored at any time during the project the
applicant shall obtain permits from the relevant agencies and submit a copy of the issued permits to
the City.
2. DEMOLITION PLAN: Place the following note adjacent to the affected trees on the Site Plan and
Demolition Plan: “Excavation activities associated with the proposed scope of work shall not occur
closer than 30‐feet from the existing Fremont cottonwood tree, or as approved by Urban Forestry
Division. Contact Urban Forestry at 650‐496‐5953 to inspect the tree protection fencing prior to the
demolition of existing building.” In addition plot and label the 30‐foot radius for the tree protection
zone on the plans, include the 30‐foot radius dimension.
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3. ENCROACHMENT PERMIT: Submit a copy of the encroachment permit from Santa Clara Valley Water
District for the proposed project.
4. LOGISTICS PLAN: As described in August the contractor will not encroach into the creek to remove
the building or construct the project. Submit a logistics plan that shows how the existing building is
proposed to be removed and proposed project constructed. Plan shall include erosion control
measures needed to stabilize the creek bank, clearly identify the structures and landscape areas to
remain and to be protected. Plans shall also include the means to capture any debris before it enters
into the creek and any measures necessary to contain leaks within the project site. Plot and label the
top of bank, silt fence, construction entrance, staging and storage area for materials and equipment.
Provide description of how the building demolition and proposed development is to occur without
encroaching into the creek or creek bank. Provide detailed notes for the contractor to follow during
demolition and project construction that would avoid damaging or causing erosion into the creek.
Additional information regarding the logistics plan guidelines is available on the City’s website. See
attached link. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp
5. The following item was not addressed with the submittal. Provide the slope stability analysis
prepared by the Geotechnical Engineer on record to document the following statements:
a. The proposed structure (house, shoring, pool) will be designed in such a manner as to not cause
instability in the modified creek bank.
b. The creek bank will be modified and protected in such a manner as to prevent bank erosion that
could threaten the stability of the proposed structures.
6. The following item was not addressed with the submittal. Submit the geotechnical and structural
analysis that addresses how the construction of the future SCVWD wall is to be accomplished once
the proposed structures are completed. In addition verify that the construction of the SCVWD wall
will not jeopardize the stitch pier retaining wall, the house foundation or the modified creek bank at
a later date. The design and construction of the SCVWD wall shall be addressed with the slope
stability analysis.
PRIOR TO ISSUANCE OF A BUILDING PERMIT OR A GRADING AND EXCAVATION PERMIT
7. EASEMENTS: The existing site plan shows an existing Santa Clara Valley Water District (SCVWD)
easement. Plot and label the onsite existing and proposed easements on the Site Plan and Utility
Plan. Submit a copy of the new recorded easement(s). The proposed easement shall be as directed
by SCVWD, approximately 5‐feet landward from the future flood wall. Note that structures are not
allowed to be constructed over existing easements. As discussed with the District a portion of the
proposed building may be allowed to overhang into the new SCVWD easement.
8. GRADING PERMIT: The site plan must include a table that shows the earthwork (cut and fill)
volumes. If the total is more than 100 cubic yards, a grading permit will be required. An application
and plans including Rough Grading and Shoring Plans are submitted to Public Works separately from
the building permit plan set. The application and guidelines are available on our Public Works
website.
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9. GRADING AND DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a
licensed professional that includes existing and proposed spot elevations, earthwork volumes,
finished floor elevations, garage finished floor elevation, crawl space pad elevation, base flood
elevation, mechanical room elevation, pad for any utility equipment, area drain and bubbler
locations, drainage flow arrows to demonstrate proper drainage of the site.
Clearly show that the outside adjacent grades are at or below the crawl space elevation on at least 1
side of house. Note that if the adjacent grades are above the crawl space on all four sides of the
house, the crawl space would be considered a basement, which is not permitted. See Palo Alto
Municipal Code Section 16.28 and Grading & Drainage Guidelines for Residential Development form
for guidelines. http://www.cityofpaloalto.org/civicax/filebank/documents/2717
Plot and label the downspout locations for the proposed structures to verify that runoff will not
drain into the neighboring properties, including the creek. Adjacent grades must slope away from
the building foundation at minimum of 2% or 5% for 10‐feet per 2013 CBC Section 1804.3.
Downspouts and splash blocks shall be shown on this plan, as well as any site drainage features such
as swales. Grading that increases drainage onto, or blocks existing drainage from, neighboring
properties will not be permitted. Public Works generally does not allow rainwater to be collected
and discharged into the street gutter or connect directly to the City’s infrastructure, but encourages
the developer to keep rainwater onsite as much as feasible by directing runoff to landscaped and
other pervious areas of the site.
Based on the close proximity to the creek, provide a site specific storm water pollution prevention
plan with the permanent erosion control measures needed to protect the creek and bank during the
various seasons. Plan shall include any relevant notes or recommendations from the Geotechnical
Engineer along with a schedule of the proposed work.
10. Place the following note on the Grading and Drainage Plan and/or Site Plan: “Contractor shall
contact Public Works Engineering (PWE) Inspectors to inspect and accept the storm drain system
(pipes, area drains, inlets, bubblers, dry wells, etc.) associated with the project prior to backfill.
Contractor shall schedule an inspection at a minimum 48‐hours in advance by calling (650)496‐
6929”.
11. Place the following note adjacent to an affected tree on the Site Plan and Demolition Plan:
“Excavation activities associated with the installation of the driveway approach or utility
connections shall occur no closer than 10‐feet from the existing street tree, or as approved
by the Urban Forestry Division contact 650‐496‐5953. Any changes shall be approved by the
same”.
12. SHORING: Provide shoring plans for proposed house and pool construction. If shoring soldier piles
are required they shall be located completely within the private property, clearly including tiebacks
(if any). Tieback shall not extend onto adjacent private property or into the City’s right‐of‐way
without having first obtained written permission from the private property owners and/or an
encroachment permit from Public Works. The shoring plans shall clearly show the property line and
the dimension between the outside edge of the soldier piles and the property line for City records.
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13. DEWATERING: Excavation may require dewatering during construction. Public Works only allows
groundwater drawdown well dewatering. Open pit groundwater dewatering is not allowed.
Dewatering is only allowed from April through October due to inadequate capacity in our storm
drain system. The geotechnical report for this site must list the highest anticipated groundwater
level. We recommend that a piezometer be installed in the soil boring. The contractor shall
determine the depth to groundwater immediately prior to excavation by using a piezometer or by
drilling an exploratory hole if the deepest excavation will be within 3 feet of the highest anticipated
groundwater level. If groundwater is found within 2 feet of the deepest excavation, a drawdown
well dewatering system must be used, or alternatively, the contractor can excavate for the
basement and hope not to hit groundwater, but if he does, he must immediately stop all work and
install a drawdown well system before he continues to excavate. Based on the determined
groundwater depth and season the contractor may be required to dewater the site or stop all
grading and excavation work. In addition Public Works may require that all groundwater be tested
for contaminants prior to initial discharge and at intervals during dewatering. If testing is required,
the contractor must retain an independent testing firm to test the discharge water for contaminants
Public Works specifies and submit the results to Public Works.
Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant
can include a dewatering plan in the building permit plan set in order to obtain approval of the plan
during the building permit review, but the contractor will still be required to obtain a street work
permit prior to dewatering. Alternatively, the applicant must include the above dewatering
requirements in a note on the site plan. Public Works has a sample dewatering plan sheet and
dewatering guidelines available on our
website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp
The following links are included to assist the applicant with dewatering requirements.
http://www.cityofpaloalto.org/civicax/filebank/documents/30978
http://www.cityofpaloalto.org/civicax/filebank/documents/51366
http://www.cityofpaloalto.org/civicax/filebank/documents/47388
14. RESIDENTIAL STORM WATER TREATMENT: This project triggers the California Regional Water Quality
Control Board’s revised provision C.3 for storm water regulations (incorporated into the Palo Alto
Municipal Code, Section 16.11) that apply to residential land development projects that create or
replace between 2,500 and 10,000 square feet of impervious surface area. The applicant must
implement one or more of the following site design measures:
Direct roof runoff into cisterns or rain barrels for reuse.
Direct roof runoff onto vegetated areas.
Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas.
Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.
Construct sidewalks, walkways, and/or patios with permeable surfaces.
Construct driveways, and/or uncovered parking lots with permeable surfaces.
15. Applicant shall be aware that the project may trigger water line and meter upgrades or relocation, if
upgrades or relocation are required, the building permit plan set shall plot and label utility changes.
If a backflow preventer is required, it shall be located within private property and plotted on the
plans.
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16. WORK IN THE RIGHT‐OF‐WAY: The plan must note that any work in the right‐of‐way, including utility
lateral replacement, must be done per Public Works’ standards by a licensed contractor who must
first obtain a Street Work Permit from Public Works at the Development Center. In addition the
following note shall be shown on the plans adjacent to the area on the Site Plan:
“Any construction within the city right‐of‐way must have an approved Permit for
Construction in the Public Street prior to commencement of this work. THE PERFORMANCE
OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON
THE BUILDING PERMIT FOR INFORMATION ONLY.”
17. SIDEWALK, CURB & GUTTER: As part of this project, the applicant shall replace those portions of the
existing sidewalks, curbs, gutters or driveway approaches in the public right‐of‐way along the
frontage(s) of the property. Contact Public Works’ inspector at 650‐496‐6929 to arrange a site visit
so that the inspector can discuss the extent of replacement work along the public road. The site
plan submitted with the building permit plan set must show the extent of the replacement work.
Any existing driveway to be abandoned may need to be replaced with rolled curb & gutter. This
work must be included within a Permit for Construction in the Public Street from the Public Works
Department. A note of this requirement shall be placed on the plans adjacent to the area on the
Site Plan.
18. PAVEMENT: Add the following note to the Site Plan: “Applicant and contractor will be responsible
for resurfacing portions of Palm Street based the roadway surface condition after project
completion and limits of trench work. At a minimum pavement resurfacing along the project
frontage may be required.”
19. Provide the following note on the Site Plan and Structural plans to indicate, “The proposed project is
a Substantial Improvement and shall comply with Palo Alto Municipal Code Chapter 16.52 Flood
Hazard Regulations and FEMA’s requirements.”
20. FLOOD ZONE: Add a note on the plans shall indicate that the Assessor’s Parcel 003‐07‐053 is located
within FEMA’s Special Flood Hazard Area Zone A based on the FIRM Panel Number 06085C0010H
dated May 18, 2009. Where the base flood elevation (BFE) is not determined, however the SCVWD
water surface elevation for the 1% (100 year) creek flow was determined to be 42.3 NAVD. The
finished floor elevation shall be at or above the SCVWD’s determined elevation.
21. FLOOD ZONE CONSTRUCTION MATERIALS AND METHODS: Add a note on the Structural,
Architectural and Mechanical plans to indicate that all new construction and substantial improved
structures shall be constructed with flood‐resistant materials and utility equipment shall be resistant
to flood damage as specified in FEMA’s technical bulletins and Palo Alto Municipal Code Section
16.52.130. b
22. FLOOD ZONE CERTIFICATION: An Elevation Certification shall be provided for all structure(s) and
shall be prepared by a registered professional engineer or surveyor, and verified by a community
official to be properly elevated. Such certification and verification shall be provided to the floodplain
administrator based on PAMC section 16.52.130, and shall be prepared at 3 stages of construction:
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with the construction documents, during construction, and prior to building permit final. The
elevation certificate prepared based on the existing structure and the proposed construction, shall
be scanned and attached with the building permit construction documents. Certificates shall be
prepared on the NAVD.
23. The “Survey Requirements for Construction in the Special Flood Hazard Area” shall be added to the
plan set. A pdf copy of the documents titled Plan Insert for Elevation Certification Requirements) is
available on the City’s website
http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp under Flood Zone Issues.
24. FLOOD ZONE VENTS: All new construction and substantially improved structures, with fully enclosed
areas below the lowest floor which are useable solely for the parking of vehicles and building access,
and which are subject to flooding shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. This requirement shall
comply with the guidelines set on FEMA’s technical bulletins, including but not limited to TB1‐08,
TB6‐93 and TB7‐93. See PAMC 16.52.130.c.3 for minimum criteria. Plot and label the vent openings
on the structural details. There must be at least two openings for each enclosed area with 1 sq in of
opening for each 1 sq ft of enclosed area. These openings must be placed no more than 12 inches
above lowest adjacent grade. Provide on the drawings the following:
a schedule showing the areas enclosed;
the area of each opening;
the number of openings required;
a detail showing the location of the vent relative to adjacent grade;
and the location of the openings on the foundation plan.
These should also be incorporated into the structural drawings, since flood openings in the
foundation affect the structural engineer’s design. Guidelines for flood openings can be found in
FEMA Technical Bulletin 1‐08, “Openings in Foundation Walls.”
25. STORMWATER POLLUTION PREVENTION – The plan set shall include the “Pollution Prevention – It’s
Part of the Plan” An electronic copy of this plan is available on the City’s website.
http://www.cityofpaloalto.org/civicax/filebank/documents/2732
26. 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.
PRIOR TO BUILDING PERMIT FINAL
27. Applicant may be required to obtain a final inspections or approval from the Water District for the
encroachment permit. Please submit a copy of the final inspections or approval from the District
and/or other agencies if applicable.
End of Conditions of Approval