HomeMy WebLinkAboutStaff Report 14862 (2)
City of Palo Alto (ID # 14826)
City Council Staff Report
Report Type: Action Items Meeting Date: 12/5/2022
City of Palo Alto Page 1
Summary Title: 1700 Embarcadero Road: New Automobile Dealership
Title: PUBLIC HEARING / QUASI-JUDICIAL. 1700 Embarcadero Road [21PLN-
00191]: Consideration of a Site and Design Review, Design Enhance
Exception, Variance and Off-Street Loading Space Modification to Allow the
Demolition of a Vacant Restaurant and the Construction of a new two-Story
31,000 Square Foot Automobile Dealership. The PTC and the ARB
Recommend Approval of the Project. Environmental Assessment: Addendum
to a Mitigated Negative Declaration. Zoning District: CS(D)(AD) Service
Commercial (Site & Design Review / Automobile Dealership Combining
Districts).
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Adopt the Record of Land Use Action approving a new car dealership and requests for a Site
and Design, Variance, and Design Enhancement Exception based on findings and subject to the
conditions of approval contained in Attachment B.
Executive Summary
The project seeks to redevelop the subject parcel, which includes the former Ming’s restaurant
building. The applicant, Swickard Auto Group, proposes to demolish the existing building to
construct a new two-story Mercedes-Benz automobile dealership. The project includes the
design and construction of a new multi-use (bicycle & pedestrian) path along East Bayshore
Road and Embarcadero Road. The new path will eliminate a gap identified in the City’s Bicycle
and Pedestrian Transportation Plan.
The applicant requests the following:
• Site and Design approval for the construction of a single building and ancillary site
improvements near the City’s Baylands Preserve.
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• Variance approval to allow a deviation from the required parking lot shading
requirement due to the shape of the subject parcel and easements precluding the
planting of canopy trees.
• Design Enhancement Exception (DEE) approval to allow a greater building setback from
East Bayshore Road and Embarcadero Road
The purpose of this report is for the City Council to consider the applicant’s requests, the
previous public hearing meeting materials (staff reports and meeting minutes), written
correspondence, and findings for the project. This report elaborates on issues identified as
concerns through the review process related to the proposed bicycle path, parking lot shading,
setbacks, and adjacency to the Baylands Preserve.
On October 26, 2022, the Planning and Transportation Commission (PTC) recommended that
the City Council adopt the Site and Design Review findings. On November 3, 2022, the
Architectural Review Board (ARB) recommended that the City Council approve the project.
Background
Prior City Reviews & Action
There have been two previous attempts to develop the subject property with an automobile
dealership. The initial applicant withdrew and sold the property following the City Council
direction for project modifications in June 2016. A subsequent owner received approval for a
rezone and development entitlement on June 24, 2019. However, the owner ultimately sold the
property to the current owner. Attachment D includes links to the previous meetings and
minutes held for the subject property.
Planning & Transportation Commission
The PTC conducted a duly noticed public hearing on October 26, 2022, on the Site and Design
Review and Variance applications within its purview. The PTC unanimously recommended
approval of these applications, consistent with staff findings, recommending modifications to
the draft Record of Land Use Action (ROLUA) conditions (shown as strikeout and underline in
Attachment B). Specifically, these modifications related to improvements on adjacent property,
a storm drain easement and extent of repairs necessary to address any damage from
construction on public streets. A member of the Palo Alto Bicycle Advisory Committee (PABAC)
spoke in favor of the inclusion of a Class I multi-use path in the project, while a neighboring
property owner spoke regarding the potential acoustic impacts from the car wash facility.
Architectural Review Board
The ARB reviewed the current project twice, most recently on November 3, 2022. In previous
meetings, the ARB discussed the bicycle path, parking lot shading, plant palette, and
architectural materials. The ARB unanimously recommended approval of the project consistent
with staff findings, recommending modifications to the ROLUA conditions (shown as underlined
text in Attachment B). Specifically, these modifications are necessary for the applicant to
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confirm certain architectural and landscape details with the ARB Ad Hoc Subcommittee. In
addition, conditions of approval were added addressing loading/unloading and ensuring that
the project would complete an acoustic analysis to comply with the City’s noise requirements.
The ARB heard testimony regarding acoustic impacts from the car wash facility.
Discussion
The project site (site) consists of a single parcel (2.54 acres). The site is located on the southeast
corner of Embarcadero Road and East Bayshore Road (see location map, Attachment A). The
site has a Comprehensive Plan (Comp Plan) land use designation of Service Commercial, and the
Comp Plan identifies the site as within the “East Bayshore Employment Center.” Zoning for the
site is Commercial Service (CS) with Site and Design Review (D) and Automobile Dealership (AD)
combining districts. The site is located within the City’s Baylands Master Plan (Privately Owned
Lands) and is subject to its design guidelines. The applicant also owns the adjacent Audi
dealership (1730 Embarcadero Road).
A portion of the site is developed with a single-story commercial building with 15,207 square
feet of floor area built in 1968, formerly the Ming’s Restaurant, and a large surface parking lot.
Prior evaluation of the site determined that the building is not considered historic. The existing
architecture of the building is characteristic of mid-century modern architecture with some roof
elements reminiscent of an Asian style, the cuisine of the former restaurant.
The site includes an approximate 80-foot-wide easement area along East Bayshore Road to
accommodate overhead high-voltage electric transmission lines parallel to East Bayshore Road,
and a sub-surface storm drain line. Surface improvements, such as landscaping, driveways, and
parking, are allowed within the easement; however, there are restrictions on the height of any
new improvements, including trees. Mature Chinese Elms are currently located under the high-
voltage electric transmission lines.
Neighborhood Setting and Character
The project is located within the Baylands Master Plan Area in an area designated as “Privately
Owned Lands.” This is an urbanized built-out area that includes office buildings and automobile
dealerships. The property does not directly abut the Baylands preservation property (former
ITT, Inc. lands) but is visible from the Renzel Trail within the Baylands. See plans for
photographs of surrounding areas (Attachment F).
Most sites in the vicinity are zoned Research, Office and Limited Manufacturing (ROLM) with
the Automobile Dealership (AD) Combining District. The ROLM allowable Floor Area Ratio (FAR)
is 0.4:1, whereas the AD Combining District allows a 0.6:1 FAR for automobile dealerships. The
area within the ROLM district is generally characterized by two-story buildings surrounded by
parking lots with large street-facing setbacks. The Pacific Gas & Electric (PG&E) easement along
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East Bayshore includes tall towers carrying high-voltage transmission electric lines. One tower is
located on the property at the Embarcadero Road and East Bayshore Road intersection.
Proposed Project
The applicant proposes to demolish the existing building and surface parking lot. In its place,
the applicant would construct a new two-story Mercedes-Benz automobile dealership building.
Access to the site will include two-way driveways from East Bayshore and Embarcadero Road.
Customer, employee, inventory, and display parking will be located along the west, south, and
eastern portions of the property in a tandem parking configuration. An existing driveway
connection between the subject property and the Audi dealership would remain in the rear.
The Mercedes-Benz dealership would include 31,195 square feet of space for a showroom,
sales and administrative offices, vehicle servicing areas, parts storage, car wash, and
recycling/solid waste enclosure areas. The 4,499 square foot covered service drive would be
exempted under the Palo Alto Municipal Code (PAMC) section 18.30(F)(a)(3)(b) from floor area
calculations. The total floor area represents a 0.28:1 Floor Area Ratio where 0.6:1 is permitted.
A single-lane automated car wash facility would be located along the south elevation of the
building towards the rear. A single-vehicle display pad is proposed to be located adjacent to the
utility tower at the front corner of the property.
Summary of Key Issues
During the PTC and ARB public hearings, there were discussions and comments regarding the
project’s compliance with the PAMC, achieving Comprehensive Plan goals and objectives, and
achieving the goals of the Baylands Master Plan.
Bicycle path
There is a gap in the City’s bicycle network at this location. At the recommendation of the City,
the project includes a multi-use path that can accommodate bicyclists and pedestrians along
Bayshore Road and Embarcadero Road. There are constraints in locating the pathway, such as
the existing electrical utility easement and limitations on vertical features within the easement;
the location of the electrical transmission tower and its maintenance parking space; existing
mature street trees; the need to have native and drought tolerant landscaping; and the
project’s objective in having locations for display and inventory merchandise to support the
viability of the automobile dealership.
Initially, the project did not include the bicycle path. Staff and the ARB commented that the
previously approved project included a multi-use pathway and stressed that the project should
include the pathway. The ARB went further to suggest that a row of parking be removed to
accommodate both the existing trees and the pathway. Another reason to incorporate a multi-
use path is to meet the City’s Transportation Demand Management (TDM) requirements.
Because the dealership is an auto-oriented use that uniquely requires car trips to access the site
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for repair services, the potential to reduce single-occupancy car trips by service customers does
not exist. As a result, the project cannot meet the City’s TDM policy to reduce car trips by 20%.
In addition, the site is not well served by public transportation.
In response to these comments, the revised plans include a 10-foot-wide multi-use path along
East Bayshore Road and an eight-foot path along Embarcadero Road. To accommodate this
path, 11 trees are proposed for removal. Only one of these trees is considered “protected”
pursuant to PAMC Chapter 8.10.020. Twenty new trees are proposed along the street frontage.
One existing Chinese elm tree will remain. No onsite parking would need to be removed to
accommodate the path. The incorporation of the multi-use path is consistent with the City’s
Palo Alto Bicycle & Pedestrian Transportation Plan and would be acceptable from a staff
perspective as an alternative method to meet the TDM policy.
PTC members were concerned about the loss of the mature trees but were reassured other
trees would be planted as replacements. Ultimately, the PTC endorsed the proposal citing the
TDM requirements and overall benefits of the pathway. The ARB likewise supported the
concept and included a condition of approval enabling an ARB Ad Hoc Subcommittee to view
detailed drawings of the multi-use path.
Parking Lot Shading
PAMC 18.54 (Parking Facility Design Standards) includes landscaping requirements for parking
lots. One of the requirements pertains to tree canopies that result in 50% shading of parking lot
surface areas within 15 years. Prior automobile dealership proposals on this site have struggled
to meet this standard but accomplished it. Parking lot areas include parking spaces and drive
aisles. Automobile dealerships typically have larger parking lot areas that include customer and
employee parking as well as inventory to be sold. Prior proposals for this site included parking
structures and automated parking solutions that consolidated inventory and employee parking,
leaving a smaller footprint for customer parking at the perimeter of the dealership.
During the first ARB meeting, parking shading requirements were discussed, and the applicant
responded with a plan that increased the overall shading to 41% from 38% despite the removal
of trees along the frontage to accommodate the multi-use path.
The East Bayshore Road and Embarcadero Road frontage is encumbered by several
underground and overground easements including PG&E and City infrastructure. The
easements account for over 26% of the property area. These easements restrict the placement
of structures and vegetation. Due to the special circumstances of these easements and the
shape of the lot, the applicant requests a variance from the parking lot shading requirements.
In the case of the subject property, the proposed use, which is allowed under the zoning code
cannot be established because of the easements. This is also further compounded by the shape
of the lot being a trapezoid, narrowing along Embarcadero Road causing an inefficient footprint
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for the building. The neighboring Audi and Honda dealerships do not have the same physical
limitations as the subject site. The project demonstrates that the parking lot shading
requirement can be met for the remainder of the parking areas except for the portions
encumbered by the PG&E easements.
The PTC and the ARB supported the variance request, citing the easements as the main
constraint. The ARB added a condition of approval to add smaller trees where feasible to
further add more shading for the parking lot along East Bayshore Road.
Setbacks
Due to the utility easement along East Bayshore Road, the proposed building has a large
setback and the developer requests to deviate from the “build-to-line” setback, which
encourages buildings be placed closer to the street. The proposed setback of 89 feet (with five-
foot roof overhang) is consistent with the surrounding development and outside of the 80-foot-
wide easement. However, the existing Audi showroom is closer to the street at 18’-10”.
The CS zoning development standards require a 0-10-foot setback along the street and a “build-
to-line” setback of 50% of the front setback and 33% of the street side setback. The build-to
setback is typically found along commercial corridors such as El Camino Real. In the context of
the project, this site is one of two properties zoned CS district surrounded by properties zoned
ROLM and a non-residential PC. The proposed setback is inconsistent with the CS zoning front
setback development standard (0’ to 10’), hence a DEE has been requested. While the
proposed setback is inconsistent with the code, these setbacks are consistent with surrounding
development, except for the Audi showroom, which is closer to the street. All other dealership
proposals have been able to make the findings for approval of the Design Enhancement
Exception.
Both the PTC and the ARB supported the DEE request for the project.
Adjacency to the Baylands
Since the project is located within the Baylands, the following are policies from the master plan
that affect the site:
• Be sure any future development is consistent with the Comprehensive Plan and
continues to receive extensive design review utilizing the Site and Design Review
Process and the Site Assessment and Design Guidelines Palo Alto Nature Preserve.
During the June 2022 ARB meeting, the ARB recommended that the applicant consider
modifications and revisions so that the project would be consistent with the Design Guidelines.
The applicant responded by incorporating shades of green for the stucco elevations facing the
Baylands and increasing the wood paneling through the service drive. To further address any
potential views from the Baylands to the site, the applicant proposes to plant twelve native
trees in the Baylands adjacent to the 1730 Embarcadero Road and the neighboring office
building.
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Both PTC and the ARB acknowledged that the project was consistent with the Site Assessment
and Design guidelines noting that the project is low and horizontal and includes a variety of
materials and colors that complement the Baylands.
Policy Implications
The proposed project is on balance consistent with the City’s Comprehensive Plan. With an
approval of the Variance and the DEE, the project is consistent with the zoning code.
Timeline
With the adoption of the ROLUA, the project can commence construction with the approval of
a building permit. The entitlements would expire within two years unless construction has
commenced.
Stakeholder Engagement
The Palo Alto Municipal Code requires notice of this public hearing to 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 November 25, 2022, which is 10 days in advance of the meeting. Postcard mailing
occurred on November 23, 2022, which is 12 in advance of the meeting.
Public Comments
A representative for 2465 East Bayshore Road communicated with city staff regarding the
potential acoustic impacts associated with the project’s car wash facility. The project’s car wash
facility will need to comply with the City’s noise regulations contained in PAMC Chapter 9.
Conditions of approval and a mitigation measure will ensure compliance with these regulations.
In addition, after consultation with the applicant and the neighbor, the applicant has agreed to
install a quieter drying system that would meet the City’s noise regulations. The ROLUA includes
a condition of approval to ensure the installation of this quieter system.
Resource Impact
While economic factors are not taken into consideration by advisory Boards and Commissions
for discretionary projects; automobile dealerships often bring in important sales tax revenue to
cities.
Environmental Review
The subject project has been assessed in accordance with the authority and criteria contained
in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the City. The project site was the subject of a prior application
that was covered by 1700-1730 Embarcadero Road Auto Dealership Project Initial Study-
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Mitigated Negative Declaration (IS-MND) (State Clearinghouse #2018072009) adopted in May
2019.1
In accordance with Section 15164 of the CEQA Guidelines, a lead agency (Palo Alto) must
prepare an addendum to a previously certified EIR or adopted negative declaration if some
changes or additions are necessary but none of the conditions described in Section 15162
calling for preparation of a subsequent EIR or negative declaration have occurred. Under
Section 15162(a), where an EIR or negative declaration has been certified for a project, no
subsequent EIR or negative declaration shall be prepared for the project unless the lead agency
determines, on the basis of substantial evidence in light of the whole record, that there are
substantial changes in the project or circumstances or substantially important new information
that will cause the project to have significant new impacts or substantially increase previously
identified significant impacts.
The addendum for the proposed project was prepared in accordance with relevant provisions
of CEQA and the CEQA Guidelines. It describes the proposed revisions to the project and
compares the revised project’s impacts to those identified in the 1700-1730 Embarcadero Road
Auto Dealership Project IS-MND. The analysis demonstrates that the revised project does not
require the preparation of a subsequent or supplemental IS-MND. Most mitigation measures
required of the 2019 project are required for the current project.
Attachments:
Attachment A: Location Map (PDF)
Attachment B: Draft Record of Land Use Action (DOCX)
Attachment C: Zoning Comparison Table (DOCX)
Attachment D: Prior Hearing Actions (DOCX)
Attachment E: Applicant's Response Letter (PDF)
Attachment F: Project Plans and CEQA (DOCX)
1 1700-1730 Embarcadero Road Auto Dealership Project IS-MND: https://www.cityofpaloalto.org/News-
Articles/Planning-and-Development-Services/1700-1730-Embarcadero-Road-18PLN-0018619PLN-00291
3.a
Packet Pg. 57
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ACTION NO. 2022-____
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION
FOR 1700 EMBARCADERO ROAD: SITE AND DESIGN REVIEW, DESIGN
ENHANCEMENT EXCEPTION, VARIANCE (21PLN-00191)
On ____________, 2022, the City Council of the City of Palo Alto approved a Site and Design
Review and a Design Enhancement Exception to allow the demolition of an existing 15,207 square foot
vacant restaurant building and the construction of a two-Story 31,195 square foot Mercedes Benz
automobile dealership. In approving the application, the Council make the following findings,
determination, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds,
determines, and declares as follows:
A. Eric Iverson on behalf of Swickard Auto Group, Inc, property owner, has requested
the City’s approval of a development project that includes Site and Design Review and Design
Enhancement Exception to allow for the demolition of existing structures and the construction of a
two-story automobile dealership (“The Project”).
B. The project site includes a single parcel (APN 008-03-084) of 2.54 acres in size. The site
is currently developed with an existing single-story 15,207 square-foot vacant restaurant. The site
contains and is accessible to existing utilities. The site includes an 80-foot utility easement along East
Bayshore Road. The site is designated on the Comprehensive Plan land use map as Service Commercial
and is located within the Service Commercial (CS) zoning district with Automobile Dealership (AD) and
Site and Design (D) combining districts.
The project includes demolition of the existing on-site structure and construction of a new two-story
automobile dealership with service facilities, including an attached automated car wash.
C. The Planning and Transportation Commission (Commission) reviewed and
recommended approval of the Project on October 26, 2022. The Commission’s recommendations are
contained in CMR#14824 and the attachments to it.
The Architectural Review Board (ARB) reviewed and recommended approval of the Project on
November 3, 2022.
D. On December 5, 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 City, as the lead agency for the Project, has
determined that the project is subject to environmental review under provisions of the California
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Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a Negative or
Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration was prepared in
January 2019 for a project (18PLN-0189) and identified potentially significant impacts with the
implementation of the project. Those impacts can be reduced to a level of less than significant with the
incorporation of mitigation measures. On the basis of the whole record before it, there is no substantial
evidence that the project will have a significant effect on the environment and that the mitigated
negative declaration reflects the lead agency’s independent judgment and analysis. The City of Palo
Alto Planning and Development Services Department is the custodian of these documents. The
Negative Declaration was made available for public review beginning March 15, 2019 through April 22,
2019. The City Council adopted the Mitigated Negative Declaration on June 24, 2022, incorporating the
Mitigation and Monitoring Reporting Program.
It was determined that the current project (21PLN-00191) does not present the circumstances pursuant
to CEQA Guidelines 15162 to warrant the completion of a subsequent Mitigated Negative Declaration
or an Environmental Impact Report, and therefore, an Addendum to the previously adopted Mitigated
Negative Declaration suffices. Pursuant to CEQA Guidelines 15164 the addendum need not be
circulated. However, the addendum shall be considered with the adopted Mitigated Negative
Declaration.
The City Council hereby approves the Addendum to the Mitigated Negative Declaration and
incorporates the Mitigation and Monitoring Report attached as Exhibit 1 into the Record of Land Use.
SECTION 3. Site and Design Review objectives.
The design and architecture of the proposed improvements, as conditioned, comply with the Site and
Design Objectives as required in Chapter 18.30.060(G) of the PAMC.
A. Objective (a): To ensure construction and operation of the use in a manner that
will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites.
The project includes sufficient façade articulation and material changes along Embarcadero Road and
East Bayshore Road. A variety of glass, metal, and stucco materials with muted and darker colors will
make the building complement the surrounding. As conditioned, the project will include a logistics plan
to coordinate construction activity and limit disruptions to neighboring properties. Currently, two other
automobile dealerships operate in the area. The project is designed to have necessary deliveries and
parking occur onsite so that no spillover of activity to the streets or neighboring properties is
anticipated. As conditioned, the lighting of the project will not spill over to adjoining areas.
B. Objective (b): To ensure the desirability of investment, or the conduct of business,
research, or educational activities, or other authorized occupations in the same or adjacent areas.
The project proposes a business that is allowed in the zoning district and is an established business
type in the area. The design of the project complements the other surrounding buildings and does not
detract from the use of the Baylands recreational area. A component of the project includes the
construction of a bicycle path that would provide a safe connection between the existing bicycle lanes
and the Bay Trail.
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C. Objective (c): To ensure that sound principles of environmental design and
ecological balance shall be observed.
The project is consistent with the Baylands design guidelines. Lighting is designed and conditioned to
not shine onto the adjacent properties. Windows are designed to avoid bird-strikes. The project will
implement green building measures as required by the Palo Alto Municipal Code. The existing building
will be deconstructed to the highest level feasible to recycle as many of the materials as possible. The
proposed dealership maintains a low profile and clean lines so as not to impose the surrounding
building and area. the proposed building has a full-height landscaped wall feature that wraps around
the southwest corner of the building and full-height window panels to let natural light in to further
promote sound principles of environmental design and ecological balance. It utilizes reclaimed wood
siding to minimize the use of natural resources.
D. Objective (d): To ensure that the use will be in accord with the Palo Alto
Comprehensive Plan.
The project is consistent with the following Comprehensive Plan Goals and Policies:
Service Commercial: Facilities providing citywide and regional services and relying on customers
arriving by car. These uses do not necessarily benefit from being in high-volume pedestrian areas such
as shopping centers or Downtown. Typical uses include auto services and dealerships, motels,
lumberyards, appliance stores, and restaurants, including fast service types. In almost all cases, these
uses require good automobile and service access so that customers can safely load and unload without
impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land
use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real, and
Embarcadero Road northeast of the Bayshore Freeway. Non-residential FARs will range up to 0.4.
Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher-
density multi-family housing may be allowed in specific locations.
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.
Policy L-5.1. Foster compact Employment Districts developed in a way that facilitates transit, pedestrian
and bicycle travel. Provide mixed uses to reduce the number of auto trips.
Policy L-5.2. Provide landscaping, trees, sidewalks, pedestrian path, and connections to the citywide
bikeway system within Employment Districts. Pursue opportunities to include sidewalks, paths, low
water use landscaping, recycled water, and trees, and remove grass turf in renovation and expansion
projects.
Policy L-5.3. Design paths and sidewalks to be attractive and comfortable, and consistent with the
character of the area where they are located.
Policy L-5.4. Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse
business and light industrial districts.
Policy L-6.1. Promote high-quality design and site planning that is compatible with surrounding
development and public spaces.
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Policy L-6.3. Encourage bird-friendly design.
Policy L-6.6. Design buildings to complement streets and public spaces; to promote personal safety,
public health, and well-being; and to enhance a sense of community safety.
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 Transportation Plan.
SECTION 4. Architectural Review Findings.
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.
This finding can be made in the affirmative because the project is consistent with the following
Comprehensive Plan goals and policies:
Comprehensive Plan Goal/Policy Consistency
Service Commercial: Facilities providing
citywide and regional services and relying on
customers arriving by car. These uses do not
necessarily benefit from being in high volume
pedestrian areas such as shopping centers or
Downtown. Typical uses include auto services
and dealerships, motels, lumberyards,
appliance stores and restaurants, including
fast service types. In almost all cases, these
uses require good automobile and service
access so that customers can safely load and
unload without impeding traffic. In some
locations, residential and mixed-use projects
may be appropriate in this land use category.
Examples of Service Commercial areas include
San Antonio Road, El Camino Real and
Embarcadero Road northeast of the Bayshore
Freeway. Non-residential FARs will range up to
0.4. Consistent with the Comprehensive Plan’s
encouragement of housing near transit
centers, higher density multi-family housing
may be allowed in specific locations.
The project proposes a new Mercedes Benz
automobile dealership. The project is
consistent with the uses described in the
Service Commercial land use designation.
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 is on land that already has
development and is consistent with the
surrounding development pattern, including
larger buildings and larger street setbacks.
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Comprehensive Plan Goal/Policy Consistency
Policy L-5.2 Provide landscaping, trees,
sidewalks, pedestrian path and connections to
the citywide bikeway system within
Employment Districts. Pursue opportunities to
include sidewalks, paths, low water use
landscaping, recycled water and trees and
remove grass turf in renovation and expansion
projects.
A bicycle path will be constructed along East
Bayshore Road and Embarcadero Road.
Consistent with the City’s Bicycle and
Pedestrian Transportation Plan, the existing
bicycle lanes on Geng Road connect to the Bay
Trail. The proposed bicycle path would
provide a safe connection where one does not
exist currently.
Policy L-5.3. Design paths and sidewalks to be
attractive and comfortable and consistent
with the character of the area where they are
located.
The bicycle path will be designed to fit with
the character of the surrounding.
Policy L-5.4. Maintain the East Bayshore and
San Antonio Road/Bayshore Corridor areas as
diverse business and light industrial districts.
The former restaurant will be demolished,
and, in its place, a new automobile dealership
will operate, which will complement the
diverse businesses within the district.
Policy L-6.1. Promote high-quality design and
site planning that is compatible with
surrounding development and public spaces.
The project uses a variety of materials such as
stucco, metal and glass. These materials use
muted and darker colors in a way that is
consistent with the surrounding uses and the
Baylands Design Guidelines. The 80-foot
utility easement along East Bayshore limits
the site in design and landscaping, however,
these materials complement a design that
includes variegated facades. The project’s
design provides the appropriate transitions
between the site and adjacent buildings. As
conditioned, the project will have the
appropriate transition to the Baylands.
Policy L-6.3. Encourage bird-friendly design.
The project includes bird-safe glazing for
windows.
Policy L-6.6. Design buildings to complement
streets and public spaces; to promote
personal safety, public health and wellbeing;
and to enhance a sense of community safety.
Frontages for the project include East
Bayshore Road and Embarcadero Road. Both
frontages include building facades that
provide interest using materials, colors and
elevations that include visual relief.
Policy T-1.17. Require new office, commercial
and multi-family residential developments to
As proposed, the project will implement a
bicycle path along the street frontages. The
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Comprehensive Plan Goal/Policy Consistency
provide improvements that improve bicycle
and pedestrian connectivity as called for in the
2012 Palo Alto Bicycle + Pedestrian
Transportation Plan.
proposed bicycle path would provide a safe
connection where one does not exist
currently. This would connect with the overall
city bicycle system and the greater Baylands
bicycle network.
The use complements the existing automobile dealerships along Embarcadero Road and is a permitted
use within the land use district. The project includes a bicycle path along East Bayshore Road and
Embarcadero Road that would provide a connection between the existing bicycle lanes and the Bay
Trail system. The project includes a typical automobile dealership design with its inventory and
customer parking surrounding the dealership building. The project proposes to deviate from the “build-
to-line” setback requirement for East Bayshore Road and Embarcadero Road and the tree shade canopy
requirements for parking facilities through the Design Enhancement Exception and Variance process.
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 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.
This finding can be made in the affirmative. The project includes two driveways (one from East
Bayshore Road and one from Embarcadero Road). Vehicular access is provided around the perimeter
of the site, allowing for trash pick-up, deliveries, and general access around the property. The driveway
in front of the showroom creates a better overall circulation pattern because instead of vehicles being
forced onto the roadway, vehicles being serviced or displayed can be moved onsite without ever
leaving the site. The design of the buildings convey they are automobile dealerships and do not appear
to portray a different type of use. The entries to the sites are distinctive and attractive with landscaping
that is appropriate to the Baylands as well as consistent with the design of the buildings. While the
street trees along East Bayshore Road are being removed for the bicycle path, the bicycle path provides
a separated connection from the street to other areas within the City’s bicycle network. Additional
trees will be planted to replace those removed. While the rear of the site is not abutting the Baylands,
the applicant proposes 12 native trees in the Baylands along the boundary of the adjacent parcels to
enhance visual screening. The site’s large setbacks are consistent with the surrounding development
pattern and these setbacks help with the streetscape perception of the massing of the buildings.
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The project is consistent with the following context-based design criteria:
1. Pedestrian and Bicycle Environment
The design of new projects shall promote pedestrian walkability, a bicycle friendly environment,
and connectivity through design elements
The project will provide a new bicycle path along the street frontages. This will include a rest area
for cyclists with benches. The bicycle path will separate the bicyclists from the street lanes for
added safety and reduction in conflict points.
2. Street Building Facades
Street facades shall be designed to provide a strong relationship with the sidewalk and the street
(s), to create an environment that supports and encourages pedestrian activity through design
elements
A request of the project is to have an exception from the “build-to-line” setback along
Embarcadero and East Bayshore. Both frontages are impacted by an 80-foot utility easement
parallel with East Bayshore that prohibits any building placement or structure/vegetation over 15
feet within the easement area. The area is categorized by large street setbacks. The proposed
project’s setbacks are consistent with the surrounding. The design of the building including a
façade with visual interest and use of a variety of materials with dark and muted colors.
A bicycle path will be constructed along East Bayshore and Embarcadero Road. Consistent with the
City’s Bicycle and Pedestrian Transportation Plan, the existing bicycle lanes on Geng Road connect
to the Bay Trail. The proposed bicycle path would provide a safe connection where one does not
exist currently. In front of the project will include a rest area for cyclists with benches.
3. Massing and Setbacks
Buildings shall be designed to minimize massing and conform to proper setbacks
The project meets the required setbacks or seeks relief from the setbacks to comply with easement
requirements and to be consistent with the surrounding properties. Relief is sought for the “build-
to-line” setback along Embarcadero Road and given the opportunities and constraints of the site,
adherence to the requirement does not create a better project layout. Additionally, the project
includes varied materials such as metal, stucco, glass with contrasting colors providing visual
interest. The two-story building is horizontally oriented consistent with the Baylands design
guidelines.
4. 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
The project is not adjacent to any residential areas.
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5. Project Open Space
Private and public open space shall be provided so that it is usable for the residents and visitors of
the site
The project includes an outdoor area on the ground floor facing East Bayshore Road as well as in
front of the building along Embarcadero Road. In addition, the project provides a new bicycle path
along the streets and a rest area with benches.
6. Parking Design
Parking shall be accommodated but shall not be allowed to overwhelm the character of the project
or detract from the pedestrian environment
The project includes a typical design for automobile dealerships with its inventory and customer
parking surrounding the dealership building. The parking is mostly arranged in tandem
configuration.
7. Large Multi-Acre Sites
Large sites (over one acre) shall be designed so that street, block, and building patterns are
consistent with those of the surrounding neighborhood
The proposed setbacks for the project are consistent with other large sites within the vicinity. The
setbacks for the surrounding buildings are large and the buildings are spread out over the site.
8. Sustainability and Green Building Design
Project design and materials to achieve sustainability and green building design should be
incorporated into the project
The project will be consistent with the City’s Green Building Ordinance and be consistent with Cal
Green Tier 2.
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 single building using muted and complementary colors in conjunction with the
execution of the mixture of metal, stucco and glass applied to a façade with variegated elevations that
enhance the building and complements the surrounding.
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.).
With an automobile dealership, it is expected that vehicles will be entering and exiting the site
providing potential conflicts with pedestrians and cyclists. The site is adjacent to the Baylands which is
a large and popular recreational area. The project includes the construction of a new bicycle path along
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East Bayshore Road and Embarcadero Road. The bicycle path will separate pedestrians and cyclists
from the street adding a level of safety and improving sight awareness for users of potential conflict
areas such as the driveways. Onsite circulation is provided along the perimeter of the site and includes
two loading spaces. Landscaping is provided along the perimeter of the site as well as along the
buildings. The location of the 80-foot utility easement limits the amount and the type of landscaping
that can be provided along East Bayshore Road and affects a small portion of Embarcadero Road
frontage at the intersection where the electric transmission tower is located.
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.
Landscaping is provided along the perimeter of the site as well as along the buildings. The landscape
palette uses drought tolerant and regional species. The location of the 80-foot utility easement limits
the amount and the type of landscaping that can be provided along East Bayshore Road and affects a
small portion of Embarcadero Road at the intersection where the electric transmission tower is located.
Vegetation can be no taller than 15-feet within these areas. The landscaping palette embraces the
Baylands and many of the plants were chose because they were on the Santa Clara Valley Water District
approved plant list, bay-friendly rated plant list and other plants from the Santa Clara Valley Urban
Runoff Pollution Prevention Program. Specifically, the plants that directly interface with the Baylands
are only native species and are complementary of the Baylands, including Oak, Buckeye, Blue
Elderberry, California Sagebrush and Toyon.
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 is consistent with the City’s Green Building ordinance and will comply with Cal Green Tier
2 requirements. Some examples include:
• Electric vehicle parking
• Cool roof
• Water reduction
• Recycled content
SECTION 5. Design Enhancement Exception Findings
1. There are exceptional or extraordinary circumstances or conditions applicable to
the property or site improvements involved that do not apply generally to property in the same zone
district.
The applicant requests a Design Enhancement Exception from the ‘build-to-setback’ for buildings on
site along East Bayshore Road and Embarcadero Road because of the location of the easements.
The subject property includes an 80-foot-wide utility easement with development constraints below
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and above ground along East Bayshore Road. The purpose of the easement is to allow for the
conveyance of high voltage electric power and stormwater for the region and for the City. Pacific Gas
& Electric holds rights to the easement as well as the City. An electric transmission tower is located
near the corner of the property. This easement precludes the placement of any building and any
structure height to 15 feet.
East Bayshore Road
Adhering to the “build-to-line” setback requirements is not possible for East Bayshore Road.
Embarcadero Road
Based on the “build-to-line” requirement along Embarcadero Road, the project would need at least
126 feet of the building to be set near the property line. The site has an approximate 252-foot frontage
along Embarcadero Road and therefore would require at least 126 lineal feet of the building to be
placed between zero and 10 feet of the property line. The utility easement along East Bayshore causes
the building edge to be located approximately 65 feet from the corner of the property at Embarcadero
Road and East Bayshore Road because of the shape of the property. The remaining distance between
the easement edge and the north property line is 189 feet and that leaves enough distance to meet
the requirement.
As mentioned previously, it is expected that the primary entrance for customers will be from
Embarcadero Road. A driveway cannot be located too close to the intersection and therefore the
proposed location is the farthest from the intersection and a safe distance from the existing adjacent
Audi driveway. The proposed driveway location creates efficiencies for the site because the driveway
entry allows for efficient circulation for service trucks such as for recycling and waste pick up. Some of
the required parking for the project is located within the utility easement along East Bayshore Road.
The driveway in front of the showroom creates a better overall circulation pattern because instead of
vehicles being forced onto the roadway, vehicles being serviced or displayed can be moved onsite
without ever leaving the site.
2. The granting of the application will enhance the appearance of the site or
structure, or improve the neighborhood character of the project and preserve an existing or proposed
architectural style, in a manner which would not otherwise be accomplished through strict application
of the minimum requirements of this title (Zoning) and the architectural review findings set forth in
Section 18.76.020(d).
The easements preclude any building to be placed within the easement area. Additionally, no
structures such as light fixtures 15 feet can be placed within the easement area. In recent years, Pacific
Gas & Electric due to experiences with wildfires has become more restrictive on the placement of
vegetation near their transmission facilities, requiring trees to be shorter than 15 feet.
The building is designed with visually interesting facades and materials to complement other
development within the area. The project proposes plantings of trees were feasible and appropriate
including around the perimeter of the site.
3. The exception is related to a minor architectural feature or site improvement that
will not be detrimental or injurious to property or improvements in the vicinity and will not be
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detrimental to the public health, safety, general welfare or convenience.
The surrounding development includes large street setbacks, so the exception will not create
consistency or compatible issues with the neighboring properties. Trees and other plantings will occur
at the perimeter of the site and within the easement and bicycle path area where feasible.
SECTION 6. Variance Findings
1. Because of special circumstances applicable to the subject property, including
(but not limited to) size, shape, topography, location, or surroundings, the strict application of the
requirements and regulations prescribed in this title substantially deprives such property of privileges
enjoyed by other property in the vicinity and in the same zoning district as the subject property. Special
circumstances that are expressly excluded from consideration are:
A. The personal circumstances of the property owner, and
B. Any changes in the size or shape of the subject property made by the property
owner or his predecessors in interest while the property was subject to the same zoning designation.
The applicant requests a variance from PAMC 18.54 (Parking Lot Shading) requirements due to the
shape of the subject property and the location of easements that preclude the planting of vegetation
meeting the requirements of the zoning code. In the case of the subject property, the proposed use,
which is allowed under the zoning code cannot be established because of the easements. This is also
further compounded by the shape of the lot being a trapezoid, narrowing along Embarcadero Road
causing an inefficient footprint for the building and function of the site as an automobile dealership.
The neighboring Audi and Honda dealerships do not have the same physical limitations as the subject
site. The project demonstrates that the parking lot shading requirement can be met for the remainder
of the parking areas except for the portions encumbered by easements.
The subject property is trapezoidal with its narrow dimension occurring along Embarcadero Road. A
tall high-voltage transmission tower is located at the corner of the property at East Bayshore Road and
Embarcadero Road. Easements on the subject property represent 26% of the property area. The
subject property includes easements (overhead, surface and sub-surface) that precludes buildings from
locating within the easement area. The easement has limitations on minor structures such as light
fixtures and vegetation. In recent years, Pacific Gas & Electric due to experiences with wildfires has
become more restrictive on vegetation near their transmission facilities, requiring trees to be shorter
than 15 feet. In comparison, the other two automobile dealerships on the same block are standard
shaped lots. The other two automobile dealership properties do not have the same impediments.
The project includes a parking lot within the easement area that includes both customer parking and
inventory for sale as exterior display models. It is also not possible to plant trees that would support a
large enough canopy to provide shading of the surface parking lot within the easement. Additionally,
the project includes a bicycle path along East Bayshore Road and Embarcadero Road, which
necessitates the elimination of existing mature street trees. The project proposes trees that will fit the
requirements prescribed for the easement. The project also proposes to plant 12 trees off-site within
the Baylands.
Automobile dealerships typically function either with a larger building footprint with inventory stored
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within the building envelop or as a smaller building footprint with inventory stored uncovered in
surface parking lots on site. This project is the latter, which by design is a smaller massed building that
is more compatible with the Baylands and its surroundings. Prior automobile dealership proposals on
this site have been the former, which have pushed compatibility thresholds. The project includes both
customer and inventory parking in tandem configuration. Parking lot landscape standards are met for
landscaping around the perimeter of the parking areas and the required landscape islands. Trees have
been planted to the extent feasible and consistent with easement restrictions. Another constraint of
the site is its trapezoid shape. The narrow side of the property includes the easement, further
compounding the ability to site a building, meet setbacks, avoid easements, meet stormwater
regulations, and provide efficient circulation that would allow the automobile dealership to function.
The project includes a perimeter driveway to allow for circulation for fire department access around
the buildings. The driveway also serves as important circulation component for the site’s operations,
keeping vehicles off the street. The 80-foot utility easement precludes the planting of trees with
canopies significant enough to meet the City’s shading requirements. The addition of the bicycle path
along East Bayshore and Embarcadero also takes out area that could be used to plant trees that would
provide shading in these parking/driveway areas.
The project proposes 41% canopy shading for the entire site, where 50% is required. Without the
limitations discussed, the project would be able to meet the requirement. The project demonstrates
meeting the requirement on portions of the parking areas not encumbered by the easements.
There is recognition of the importance of both the bicycle path and the City’s urban forest canopy.
However, given the limitations of the utility easement and the need for a bicycle connection in a
location within the Baylands, the development of the bicycle path outweighs the tree canopy
requirement. The building’s design along East Bayshore Road is of high-quality making up for the loss
of tree canopies. The project provides replacement trees onsite as well as off-site within the Baylands.
2. The granting of the application shall not affect substantial compliance with the
regulations or constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and in the same zoning district as the subject property, and
The project will comply with other development standards except for the ‘build-to-setbacks’ because
of the easement restrictions and modifications to one of the two required on-site loading spaces. The
granting of the variance would not be considered a grant of special privileges since other automobile
dealerships can function without hardship from a physical constraint such as the subject site.
3. The granting of the application is consistent with the Palo Alto Comprehensive
Plan and the purposes of this title (Zoning), and
The project is consistent with the Palo Alto Comprehensive Plan as discussed in Section 4 of this
record of land use action and the use is consistent with the purposes of the zoning code.
4. The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity, will not be detrimental to the public health, safety, general welfare, or
convenience.
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The granting of the variance would not negatively affect public health, safety, general welfare, or
convenience or be detrimental to the property or improvements in the vicinity in that the project
proposes to construct a multi-use pathway eliminating a gap in the city’s bicycle network and
providing a safe connection to the Baylands. The project also provides additional trees and plantings
offsite in the Baylands that would create shading and additional habitat for animals.
SECTION 7. Conditions of approval
PLANNING DIVISION
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans
entitled, "Mercedes Benz of Palo Alto,” stamped as received by the City on July 20, 2022 (revised
August 10, 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 any and all conditions of the Planning,
Fire, Public Works, and Building Departments.
3. BUILDING PERMIT PLAN SET. All Department conditions of approval for the project shall be printed
on the plans submitted for building permit.
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. 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)).
6. 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.
7. DEVELOPMENT IMPACT FEES: Development Impact Fees, currently estimated in the amount of
$1,368,305.87 shall be paid prior to the issuance of the related building permit.
8. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a
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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.
9. MITIGATION MONITORING AND REPORTING PROGRAM. The Mitigation Monitoring and Reporting
Program (MMRP) associated with the project and attached here as Exhibit 1 is incorporated by
reference and all mitigation measures shall be implemented as described in said document. Prior
to requesting issuance of any related demolition and/or construction permits, the applicant shall
meet with the Project Planner to review and ensure compliance with the MMRP, subject to the
satisfaction of the Director of Planning and Development Services.
a. The owner or designee shall complete an acoustical report satisfying Mitigation
Measure N-1 to the satisfaction of the Director of Planning and Development Services
or designee prior to issuance of certificate of occupancy.
b. Staff shall ensure that the neighbor at 2465 East Bayshore Road has an opportunity to
review the acoustical report.
10. 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, Sheldon S. Ah Sing at
Sheldon.ahsing@cityofpaloalto.org to schedule this inspection.
11. BIRDS. The owner or designee shall evaluate migratory patterns affecting the site prior to submittal
of a building permit and if any trees are found to be recurring nesting sites, ensure installation of
replacement nesting facilities with replacement mature trees.
12. LIGHTING. The owner or designee shall ensure that light does not spill over the property lines from
the project. The owner or designee prior to building permit issuance provide information to the
satisfaction of the City that light levels do not exceed current lighting levels of surrounding
properties. One strategy could be that lighting levels shall be reduced during the nighttime period
to security levels (between 10pm and dawn or periods when the businesses are not in operation).
13. SIGNS. The owner or designee shall apply for approval of signs proposed for the site in accordance
with PAMC 16.20.020. Based on the submitted set of plans, the northwest elevation of the building
exceeds its allowance of sign area for wall signs. The owner or designee shall consider reducing the
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size of the signs to comply. Additional consideration shall be made to include protruding elements
to the freestanding signs for the Mercedes Benz logo so that the sign is not flat.
14. AUDI IMPROVEMENTS. The owner or designee shall demonstrate completeness of work on any
outstanding improvements for the Audi Dealership (1730 Embarcadero) prior to Planning final
inspection for the 1700 Embarcadero project.
15. CAR WASH EQUIPMENT: The owner or designee shall demonstrate installation of International
Drying Corporation “Stealth Predator Ultra-Quiet Drying System” (30 Horsepower model) (65 dBA
at 30 feet) to the satisfaction of the Planning Director or designee.
16. ARB AD HOC CONDITION: Prior to building permit issuance, the owner or designee shall
demonstrate to the Architectural Review Board Ad Hoc the following:
a. Clarifying cross-sections along the multi-use path to confirm elevations;
b. Showing more low-level plantings in between trees and consider other canopy trees
where feasible to increase shading, such as the addition of western redbuds to the
landscape fingers along East Bayshore Road;
c. Confirming that trees can be planted adjacent to the multi-use path;
d. Confirming that the building elevations along the west and northwest elevations include
the continuation of the ribbed metal paneling and also confirming the green colors.
17. LOADING. No loading or unloading of vehicles shall occur within the City right-of-way adjacent to
the property.
BUILDING DEPARTMENT
18. The owner or designee at building shall:
a. Demonstrate that electric vehicle parking counts comply with PAMC 16.14.430;
b. Demonstrate that electric vehicle accessible parking complies with CBC 11B, similar to
regular accessible parking;
c. Demonstrate accessible route from public sidewalk/bus stop to building entrance; and
d. Contact the Building Department for building permit submittal requirements
PUBLIC WORKS ENGINEERING DEPARTMENT
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://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and-
Permits
19. 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.”
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20. 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.”
21. 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
five feet from the existing street trees to be protected.
22. STORM DRAIN EASEMENT. The developer shall relocate the existing 21-inch storm drain line, away
from the proposed foundation, and a new 10-foot wide (minimum) storm drain easement shall be
dedicated to the City.
23. FLOOD ZONE. This project is in a Federal Emergency Management Agency (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).
24. CONDITIONAL LETTER OF MAP REVISION (CLOMR-F). Evidence that this document has been
executed shall be provided prior to building permit issuance.
25. OUTSIDE AGENCY APPROVAL. Developer shall provide documentation that shows approval from
the owner(s) of any easements that are affected by the project, including any easements that are
to be abandoned.
26. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of
Public Works for all offsite and public improvements.
27. 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.
28. 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.
29. STORM WATER POLLUTION PREVENTION PLAN (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.
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30. STORMWATER POLLUTION PREVENTION. All improvement plan sets shall include the “Pollution
Prevention – It’s Part of the Plan” sheet.
31. 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 PAMC 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://scvurppp.org/wp-
content/uploads/2019/10/SCVURPPP_C3_Data_Form_September2019_fillable_final_9-24-
19.pdf
b. Final stamped and signed letter confirming which documents were reviewed and that the
project complies with Provision C.3 and PAMC 16.11.
32. 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.
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.
33. 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.
34. 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 by the Public Works Inspector or designee, 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.
35. 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.
36. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE.
a. STORM DRAIN LOGO -- 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 18 of 24
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.
37. DEDICATION EASEMENT. The owner or designee shall record an easement for dedication as
indicated on the project plans prior to issuance of building permits to the satisfaction of the Director
of Public Works or designee.
PUBLIC ART
38. IN-LIEU FEE. If the owner or designee chooses to pay to the public art fund in–lieu of commissioning
art on site, the funds must be received prior to the issuance of a building permit (See Condition #7).
TRANSPORTATION
39. EAST BAYSHORE ROAD / EMBARCADERO ROAD INTERSECTION. The existing pedestrian crossings
are non-Americans with Disabilities Act (ADA) compliant at East Bayshore Road/ Embarcadero Road
intersection. As part of the multi-use path construction, the owner or designee shall construct ADA
compliant pedestrian crossings and ramps at the East Bayshore Road/ Embarcadero Road
intersection. Pedestrian crossings and ramps shall meet the California Manual on Uniform Traffic
Control Devices (CA MUTCD) requirements. The owner or designee shall submit the site plan for
Office of Transportation approval before or during the building permit application.
40. MULTI-USE PATH. The owner or designee shall demonstrate that the multi-use path width is a
minimum of 10 feet in width along the property frontage.
41. BICYCLE RACKS. The owner or designee shall provide inverted-U bicycle racks instead of ‘wave’ style
bicycle racks.
WATER QUALITY
42. POLYCHLORINATED BIPHENYLS (PCBs). Since the project triggers PCBs, sampling as identified on
the “PCBs Planning Application Form,” then 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.
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 documentation with the
demolition permit application and must contacts the State and Federal Agencies as indicated
on Page 3 of the “PCBs Screening Assessment Form.”
Page 19 of 24
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.
43. STORMWATER TREATMENT MEASURES. The following applies to the project:
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
(download here: http://scvurppp-w2k.com/c3_handbook.shtml) 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.
ZERO WASTE
Deconstruction and Construction Materials Management Requirements.
44. 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.
45. 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.
46. 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.
PUBLIC WORKS URBAN FORESTRY
47. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting,
injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to Tree Technical
Manual, 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 construction, pursuant to Title 8 of the
Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25.
48. GENERAL. The following general tree preservation measures apply to all trees to be retained: No
Page 20 of 24
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.
49. 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.
50. 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.
SECTION 8. Term of Approval.
1. Site and Design Approval. In the event actual construction of the project is
not commenced within two years of the date of council approval, the approval shall expire and be of
no further force or effect, pursuant to Palo Alto Municipal Code Section 18.82.080.
2. Design Enhancement Exceptions. The time limits for any Design
Enhancement Exceptions shall be the same as the time limits for the accompanying design review
approval.
3. Variance. The time limits for any Variance shall be the same as the time
limits for the accompanying design review approval.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and Development Services
APPROVED AS TO FORM:
___________________________
Page 21 of 24
Assistant City Attorney
PLANS AND DRAWINGS REFERENCED:
1. Those plans prepared by SPARC + titled “Mercedes Benz of Palo Alto”, consisting of 87 pages, dated
July 15, 2022, and received July 21, 2022 (revised August 10, 2022).
Page 22 of 24
Exhibit 1 Mitigation Monitoring and Reporting Program
The mitigation monitoring table lists those mitigation measures that would be included as conditions
of approval for the project. To ensure that the mitigation measures are properly implemented, a
monitoring program has been devised which identifies the timing and responsibility for monitoring
each measure.
Environmental
Impact Mitigation Measure Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
BIOLOGICAL RESOURCES
BIO-2: Nesting Bird
Surveys and
Avoidance
Construction of the project, shall be
prohibited during the general avian nesting
season (February 1 – August 31), if feasible.
If nesting season avoidance is not feasible,
the applicant shall retain a qualified
biologist, as approved by the City of Palo
Alto, to conduct a preconstruction nesting
bird survey of adjacent street trees to
determine the presence/absence, location,
and activity status of any active nests. The
extent of the survey buffer area
surrounding the site shall be established by
the qualified biologist to ensure that direct
and indirect effects to nesting birds are
avoided. To avoid the destruction of active
nests and to protect the reproductive
success of birds protected by the MBTA and
CFGC, nesting bird surveys shall be
performed not more than 14 days prior to
scheduled vegetation clearance and
structure demolition. In the event that
active nests are discovered, a suitable
buffer (typically a minimum buffer of 50
feet for passerines and a minimum buffer
of 250 feet for raptors) shall be established
around such active nests and no
construction shall be allowed within the
buffer areas until a qualified biologist has
determined that the nest is no longer active
(i.e., the nestlings have fledged and are no
longer reliant on the nest). No ground
disturbing activities shall occur within this
buffer until the qualified biologist has
confirmed that breeding/nesting is
completed and the young have fledged the
nest. Nesting bird surveys are not required
for construction activities occurring
between August 31 and February 1.
Applicant or
designee/Construction
contractor
Prior to and
during
construction
CPA Planning
Department
CULTURAL RESOURCES
CR-1: Resource
Recovery Procedures.
In the event that archaeological or
paleontological resources are unearthed
during project construction, all earth-
disturbing work in the vicinity of the find
shall be temporarily suspended or
redirected until an archaeologist or
paleontologist has evaluated the nature
and significance of the find. If the discovery
Applicant or
designee/Construction
contractor
During
construction
CPA Planning
Department
Page 23 of 24
Environmental
Impact Mitigation Measure Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
proves to be significant under CEQA,
additional work such as preservation in
place, archaeological data recovery, and/or
paleontological salvage shall occur as
required by the archeologist or
paleontologist in coordination with City
staff and descendants and/or stakeholder
groups, as warranted. After the find has
been appropriately treated, depending on
the nature of the discovery, work in the
area may resume. A Native American
representative shall be retained to monitor
mitigation work associated with Native
American cultural material.
CR-2: Human
Remains Recovery
Procedures
If human remains are unearthed, State
Health and Safety Code Section 7050.5
requires that no further disturbance shall
occur until the County Coroner has made
the necessary findings as to the origin and
disposition pursuant to the Public
Resources Code Section 5097.98. If the
remains are determined to be of Native
American descent, the coroner has 24
hours to notify the Native American
Heritage Commission.
Applicant or
designee/Construction
contractor
During
construction
CPA Planning
Department
TCR-1: Unanticipated
Discovery of Tribal
Cultural Resources
In the event that cultural resources of
Native American origin are identified during
construction, all earth disturbing work
within the vicinity of the find must be
temporarily suspended or redirected until
an archaeologist has evaluated the nature
and significance of the find and an
appropriate Native American
representative, based on the nature of the
find, is consulted. If the City determines
that the resource is a tribal cultural
resource and thus significant under CEQA, a
mitigation plan shall be prepared and
implemented in accordance with state
guidelines and in consultation with Native
American groups. The plan would include
avoidance of the resource or, if avoidance
of the resource is infeasible, the plan would
outline the appropriate treatment of the
resource in coordination with the
archeologist and the appropriate Native
American tribal representative.
Applicant or
designee/Construction
contractor
During
construction
CPA Planning
Department
GEOLOGY AND SOILS
GEO-1: Geotechnical
Design
Considerations
The recommendations included in the 2015
Geotechnical Investigation conducted by
Romig Engineers, Inc. (Appendix C) related
to soil engineering shall be incorporated
into the proposed project grading and
building plans. The recommendations are
related to:
Applicant or designee Prior to
building
permit
CPA Planning
Department
Page 24 of 24
Environmental
Impact Mitigation Measure Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
Foundation design;
Surface improvements;
Slabs-on-grade;
Retaining walls;
Vehicle pavements; and,
Earthwork.
NOISE
N-1 Car Wash Noise
Reduction
Prior to operation of the car wash, the
project applicant shall implement the
following noise reduction measures to
ensure car wash noise complies with PAMC
Chapter 9.10:
Any measure or combination of
measures that would achieve
compliance, such as the following:
Doors enclosing the car wash be
sealed at all times when dryers are
operating; or
Housings or silencers shall be installed
on the dryers/blower fans; or
Noise attenuation mats shall be
installed on the interior of the car
wash tunnel; or
Dryers/blowers shall be installed as far
into the tunnel as feasible.
Applicant or designee Certificate of
Occupancy
CPA Planning
Department
TRIBAL CULTURAL RESOURCES
TCR-1: Unanticipated
Discovery of Tribal
Cultural Resources
In the event that cultural resources of
Native American origin are identified during
construction, all earth disturbing work
within the vicinity of the find must be
temporarily suspended or redirected until
an archaeologist has evaluated the nature
and significance of the find and an
appropriate Native American
representative, based on the nature of the
find, is consulted. If the City determines
that the resource is a tribal cultural
resource and thus significant under CEQA, a
mitigation plan shall be prepared and
implemented in accordance with state
guidelines and in consultation with Native
American groups. The plan would include
avoidance of the resource or, if avoidance
of the resource is infeasible, the plan would
outline the appropriate treatment of the
resource in coordination with the
archeologist and the appropriate Native
American tribal representative.
Applicant or designee
/ Construction
Contractor
During
Construction
CPA Planning
Department
ATTACHMENT C
ZONING COMPARISON TABLE
1700 Embarcadero Road, 21PLN-00191
Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) and CHAPTER 18.30(F) (AD Combining District)
Exclusively Non-residential Development Standards
Regulation Required Existing Proposed
Minimum Site Area, width and
depth
None
2.54 acres
2.54 acres
Minimum Front Yard
0-10 feet to create an
8-12 foot effective
sidewalk width (1), (2), (8)
37 feet 45’-6”
Rear Yard
None 154 feet 68’-8”
Interior Side Yard
None 52 feet 66’-8”
Street Side Yard None 87 feet 89’-3”
Min. yard for lot lines abutting
or opposite residential
districts or residential PC
districts
10 feet (2) Not applicable Not applicable
Build-to-lines
50% of frontage built
to setback on
Embarcadero Road
33% of side street built
to setback on Bayshore
Road (7)
Not applicable No Build-To proposed
Max. Site Coverage None
11% (12,207 sf) 33% (35,694 sf)
Max. Building Height 50 ft
33’-6” 26 feet to parapet
36 feet to sign element
Max. Floor Area Ratio (FAR) 0.4:1 (44,173 sf)
18.30(F)(a)(1)
0.2:1 Additional FAR
for Automobile
Dealership Showrooms
on the first floor. 0.6:1
(66,259 sf)
18.30(F)(a)(2)
Exclude service drives
(PAMC
18.30(F).050(a)(3)(b)
0.14.1 (15,207 sf) 1st floor: 25,099* sf
2nd floor: 5,715 sf
Trash enclosure: 381 sf
Showroom/Dealership
/Service: 0.29:1
(31,195 sf)*
*Includes 4,097 sf
showroom
**Excludes 4,499 sf
service drive
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of
any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for
access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.
(6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question.
(7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district.
Table 2: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) and CHAPTER 18.30(F) (AD Combining District)
continued
Exclusively Non-residential Development Standards
Topic Requirement Proposed
Hours of Operation
(18.16.040 (b))
Businesses with activities any time between the hours
of 10:00 p.m. and 6:00 a.m. shall be required to obtain
a conditional use permit. The director may apply
conditions of approval as are deemed necessary to
assure compatibility with the nearby residentially
zoned property
Compliant
Outdoor Sales and
Storage (18.16.060 (h))
(3) In the CS district, outdoor sales and display of
merchandise, and outdoor eating areas operated
incidental to permitted eating and drinking services
shall be permitted subject to the following regulations:
(A) Outdoor sales and display shall not occupy a
total site area exceeding the gross building floor area
on the site, except as authorized by a conditional use
permit.
(B) Areas used for outdoor sales and display of
motor vehicles, boats, campers, camp trailers, trailers,
trailer coaches, house cars, or similar conveyances shall
meet the minimum design standards applicable to off
street parking facilities with respect to paving, grading,
drainage, access to public streets and alleys, safety and
protective features, lighting, landscaping, and
screening.
(C) Exterior storage shall be prohibited, unless
screened by a solid wall or fence of between 5 and 8
feet in height.
Not Applicable because
the site is subject to the
AD combining district
Outdoor Sales and
Storage
(18.30(F).050(c)
(c) Outdoor Sales and Storage
Outdoor sales and display of automobiles and
merchandise shall be permitted subject to the following
regulations:
(1) Two automobile display pads shall be permitted
in the required setback area, including landscaped
areas, adjacent to a public right-of-way. A single
automobile display pad shall be no higher than eight
feet, measured to the highest point of the automobile
on the display pad, and the surface of the display pad
area shall be no larger than 175 square feet.
(2) Areas for outdoor sales and display of motor
vehicles, other than automobile display pads, shall
meet the minimum design standards applicable to off-
street parking facilities with respect to paving, grading,
drainage, safety and protective features, lighting, and
screening. Striping for parking stalls shall not be
required for auto display and storage areas.
(3) Exterior storage shall screened by a solid wall or
fence of between five and eight feet in height.
Compliant
Recycling Storage
(18.16.060 (i))
All new development, including approved
modifications that add thirty percent or more floor area
to existing uses, shall provide adequate and accessible
interior areas or exterior enclosures for the storage of
recyclable materials in appropriate containers. The
design, construction and accessibility of recycling areas
and enclosures shall be subject to approval by the
architectural review board, in accordance with design
guidelines adopted by that board and approved by the
city council pursuant to Section 18.76.020.
Recycling is at the rear
portion of the site.
Employee Showers
(18.16.060 (j))
Retail Services requires one (1) shower for 25,000-
49,999 sf
Not applicable to
Automobile Dealerships
Office Use Restrictions
(18.16.050)
Total floor area of permitted office uses on a lot shall
not exceed 25% of the lot area, provided a lot is
permitted between 2,500 and 5,000 sf of office use.
The maximum size may be increased with a CUP issued
by the Director.
Not applicable
18.16.080 Performance Standards. All development in the CS district shall comply with the performance
criteria outlined in Chapter 18.23 of the Zoning Ordinance, including all mixed use development
18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a
commercial district shall be responsible to its context and compatible with adjacent development and shall
promote the establishment of pedestrian oriented design.
Table 3: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading)
for Automobile Dealerships*
Type Required Existing Proposed
Vehicle Parking Outdoor vehicle display
3,078/500 = 6.16
spaces
Automobile Dealership
30,814/400 = 77.03
spaces
Total: 83 spaces
161 spaces
85 spaces
Bicycle Parking 1 per 10 employees
(100% short term)
None 4 spaces (40
employees)
Loading Space 2 loading spaces for
30,000 - 69,999 sf
None 2 spaces**
* On-site employee amenity space is exempted from the parking requirements
** Requires Director’s modification to required dimensions
Table 4: CONFORMANCE WITH CHAPTER 18.54 (Parking Facility Design Standards)
for Automobile Dealerships*
Regulation Required Proposed
Tree Canopy
and Sizes
Landscaping within surface parking areas shall include tree plantings designed
to result in 50 percent shading of parking lot surface areas within 15 years.
Trees required to meet any section of this title shall be a minimum fifteen
gallon size, and at least twenty-five percent (25%) shall be twenty-four-inch
box or larger. Fifty percent (50%) of shrubs shall be a minimum of five-gallon
size. Provided, in the Site and Design Review (D) combining district, the
minimum plant size requirements set forth in this section may be decreased,
as set forth in Chapter 18.30(G).
22,456 SF
canopy area
/
54,899 SF
drivable
area
41%
Perimeter
Landscaping
Each unenclosed parking facility shall provide a perimeter landscaped strip at
least five feet wide between and adjacent to a line defining the exterior
boundary of the parking area and the nearest adjacent property line, not
separated by a building.
Complies
Interior
Landscaping –
Amount
Required
Interior landscaping is required within the parking facility between the
perimeter landscaped area and the edge of pavement adjacent to any building
on the site. Each unenclosed parking facility shall provide a minimum of
interior landscaping.
Size of parking facility: >30,000 = min. 10% landscaping
Parking facility = 54,899 SF = min 5,473 SF landscaping
Complies
22,332 SF
Attachment D: Actions from prior Hearings
City Council:
20APL-00002, June 22, 2020 Appeal
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=77228
Upheld approval decision for 19PLN-00291
18PLN-00186, June 24, 2019:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=72062
Approval of project – Return to ARB for certain items (see 19PLN-00291)
15PLN-00394, June 6, 2016:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52594
Was reviewed by ARB six times in 2015/2016; Reviewed by PTC on April 27,
2016; then referred back to ARB by Council, at which time the applicant
withdrew the application.
PTC:
21PLN-00191, October 26, 2022:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/planning-and-transportation-commission/2022/ptc-10.26.2022-1700-embarcadero-
rd.pdf
https://www.youtube.com/watch?v=8dOA8_rtwWc&start=9084&width=420&height=315
Recommend approval to the City Council
18PLN-00186, March 27, 2019:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=70015
Recommend approval to City Council
ARB:
21PLN-00191, November 3, 2022 2nd Formal:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/architectural-review-board/2022/arb-11.03.2022-1700-embarcadero-rd.pdf
https://www.youtube.com/watch?v=e8bh_gTAxCs
Recommend approval to the City Council
21PLN-00191, June 16, 2022 1st Formal:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/architectural-review-board/2022/arb-06.16.2022-1700-embarcadero-rd.pdf
Continue to a date uncertain
19PLN-00291, March 5, 2020 2nd Formal:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=75555
Recommend approval to Director
December 19, 2019 1st Formal:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=74447
Continue
18PLN-00186, June 6, 2019 3rd Formal:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=71733
Continue to date uncertain (no recommendation to City Council)
April 4, 2019 2nd Formal:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=70111
Continue
September 20, 2018 1st Formal:
http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=66721
Continue
July 15, 2022
City of Palo Alto
Department of Planning & Development Services
250 Hamilton Avenue
Palo Alto, CA 94301
Re: Proposed Mercedes-Benz Dealership
Project Description & Justification
1700 Embarcadero Road
Palo Alto, CA 94303
To Whom It May Concern:
Swickard Auto Group appreciates the feedback received at the June 16, 2022, ARB meeting.
In light of that feedback, we have had our architectural, engineering, and landscape
professionals revise the proposal to address as many of the concerns as possible. The gist of
the project remains the same; to de-construct the former Ming’s Restaurant building and
construct a new predominantly one-story Mercedes-Benz dealership including a sales and
service facility at 1700 Embarcadero Road. On site improvements are proposed to include
customer and employee parking spaces, inventory storage spaces, landscaping, a driveway
connection to the adjacent existing Audi dealership, solar canopies, and a dumpster enclosure.
The small scale of the building proposed with the project is specifically designed to serve the
surrounding community. An offsite multi-use path has been added to the proposal to replace an
existing sidewalk and solar canopies have been added to the shade a portion of the parking lot
between the existing Audi dealership and the proposed Mercedes-Benz building. Revised plans
are to be found in the link sent to the City and hard copies of plans can be provided as requested.
A synopsis of the changes found on the revised plans is as follows:
A. A multi-use path is now proposed along Embarcadero and East Bayshore to replace an
existing concrete sidewalk and trees. This multi-use path requires the dedication of 473
square feet of right-of-way as shown on Exhibit 2. It also results in a loss of 11 trees
which provide 794 square feet shade cover for the parking and vehicle storage areas.
As previously discussed, we remain extremely concerned about the safety of such a
multi-use path due to the conflicts with the vehicular driveways to the site and the
adjacency of the path to vehicular traffic. Our preference and recommendation remains
to preserve the existing sidewalk and street trees and for the City of Palo Alto to
construct on-street bike lanes within the current right-of-way.
B. The proposed shade cover over the proposed asphalt has been increased to 23,535
square feet. The total asphalt area on the lot is 56,892 square feet; however, 16,202
square feet of that area is within the PGE high voltage electricity easement where the
planting of new canopy trees is prohibited. Subtracting the PGE easement area leaves
40,690 square feet of asphalt with 23,535 square feet of cover which represents a 58%
shade coverage level which exceeds the 50% level of the code. Additionally, 6,870
square feet of solar canopy is proposed between the Mercedes-Benz and Audi buildings.
Of that amount, an additional 3,824 square feet of parking lot coverage or a total of 67%
of shade coverage over the non-PGE area. The PGE high voltage transmission easement
meets the definition of a unique circumstance that negatively impacts the site and
therefore meets the criteria of a variance. We are requesting a variance to the permit
the shade level as proposed on the resubmitted plans.
C. In addition to the additional trees provided to meet the shading requirements, two
species of trees were changed to meet the requests of the ARB. The non-native Ginkgo
Biloba trees were changed to native Western Redbud and the California Buckeye was
changed to Valley Oak. Additionally, while the site does not border the Baylands, an
additional planting area consisting of 12 trees and 14 evergreen shrubs is proposed on
Baylands to screen the proposed building as well as the existing neighboring office
building.
D. The service drive roll-up doors have been removed and it is now an open-air service
drive.
E. The reclaimed wood siding is now shown on both sides of the service drive. Additional
elevations and perspective drawings are included to graphicly show such.
F. On the rear elevation of the building, the black corrugated panel system has been greatly
reduced to minimally wrap the corner. The rear of the building is now painted 3 shades
of grey-green to match typical native vegetation. The color of the roof top screens has
been revised to a matching grey-green. A graphic rendering showing the existing and
proposed view of the Mercedes-Benz building from the trail in the Baylands shows that
even without the new landscaping, the view of the proposed building is 99% blocked
by existing vegetation.
G. The customer parking spaces have been better identified on the plans and are labeled
“CP”. There is customer parking on both sides of the service drive to accommodate
both sales and service customers.
H. The bicycle rack has been revised to a type that allows the front and rear wheels to be
locked to it as well as the frame of the bike.
I. Additional landscaping was included near the showroom glass to further limit bird
strikes. While a UV glass is proposed to limit such strikes, the actual manufacturer of
the glass has not been determined at this time due to global supply issues. The glass
manufacturer will be chosen based on availability closer to construction time. Adding
vinyl dots to the glass was deemed unfeasible due to the nature of the use of the building
as a vehicular showroom.
J. Three additional ideas from the ARB were evaluated but deemed not feasible to be part
of this project. One idea was to move the building toward the existing Audi building.
Moving the building that direction would result in the loss of the landscaping along that
side of the building and/or the loss of the solar canopies. It would also reduce the size
of the water quality sediment ponds located on that side of site. Those areas are not able
to be reduced due to code requirements. A second idea was to reduce the vehicle storage
along East Bayshore to relocate the bike path behind the existing landscaping. That
layout would result in a significant taking of property and create a project that is not
feasible to be built. Approximately 20 to 25 vehicle spaces would be lost. Any loss in
parking would jeopardize the loss of code required and/or manufacturer required onsite
vehicle storage spaces. The third idea was to create a green roof over part or all of the
building. While a green roof would help accomplish the goal of reducing the heat island
effect, it also limits the opportunity for future solar to be mounted on the roof. The
building is being built with the ability to add rooftop solar in the future. With an
unknown future of what climate change will bring, we believe having the option of solar
on the roof is critical to limit consumption of fossil fuels on site. To limit the heat island
effect, the building will have a white roof which has a surface temp of 80 degrees cooler
than a black roof and additional landscaping was added to the lot.
We believe the revised proposed project Site and Design further complies with the following
objectives from 18.82.060 PAMC:
a. To ensure construction and operation of the use in a manner that will be orderly,
harmonious, and compatible with existing or potential uses of adjoining or nearby sites.
The proposed Mercedes-Benz dealership will be consistent with the surrounding uses.
Professional offices are to the north and south of the project site. Medical offices are located
across Bayshore to the west of the dealership. The local Audi and Honda dealership are located
to the east of the proposed site. This proposed dealership will further extend the dealerships to
the East, continuing and further comingling the automobile dealership uses in the area,
providing an efficient area for the surrounding community.
b. To ensure the desirability of investment, or the conduct of business, research, or
educational activities or other authorized occupations, in the same or adjacent areas.
The proposed Mercedes-Benz dealership will further the desirability of investment by replacing
a dilapidated restaurant building with a modern, environmentally sensitive automobile
dealership. This will provide further consistency with the surrounding uses as it will continue
the row of automobile dealerships to the east of the site while raising the bar for environmentally
sensitive design. By developing such a facility, Swickard Auto Group hopes to further stimulate
the area for future investment and redevelopment.
c. To ensure that sound principles of environmental design and ecological balance shall be
observed.
The proposed Mercedes-Benz dealership utilizes sound principles of environmental design and
ecological balance by designing a building that is harmonious to the natural environment and
surrounding area. The existing building will be de-constructed to the highest level feasible to
recycle as many of the materials as possible. The proposed dealership maintains a low profile
and clean lines so as not to impose the surrounding building and area. The proposed building
also uses natural earth tone colors and natural materials. In addition, the proposed building has
a full height landscaped wall feature that wraps around the southwest corner of the building and
full height window panels to let natural light in to further promote sound principles of
environmental design and ecological balance. It utilizes reclaimed wood siding to minimize
the use of natural resources. Solar canopies are proposed between the Mercedes-Benz building
and the existing Audi building to minimize dependence on fossil fuels. The roof structure will
be built to support additional solar panels.
d. To ensure that the use will be in accord with the Palo Alto Comprehensive Plan.
The proposed Mercedes-Benz automobile dealership use is consistent with the Palo Alto
Comprehensive Plan. The proposed development continues the automobile dealership uses to
the East of the site and is consistent with the uses described in the Service Commercial land use
designation. The project is on land that already has development and is consistent with the
surrounding development pattern, including larger buildings and larger street setbacks.
Sincerely,
Eric Iversen
Director of Real Estate and Facilities
Swickard Auto Group
541.301.2748
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are
provided to Board members for their review. The same plans are available to the public, at all
hours of the day, via the following online resources.
Environmental Document
An Addendum to the Mitigated Negative Declaration has been prepared for this project.
Directions to review Project plans and environmental documents online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “1700 Embarcadero Road” 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/1700-
Embarcadero-21PLN-00191
Materials Boards:
Prior to the hearing, color and material boards will be available to view in the display case
outside of City Hall, on the exterior elevator near the corner of Hamilton Ave. and Bryant St.
For closer examination, this same board will be brought to chambers during the ARB hearing.