HomeMy WebLinkAboutStaff Report 14929 (2)
City of Palo Alto (ID # 14929)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Action Items
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Title: PUBLIC HEARING: Staff Recommend the City Council Review the North
Ventura Coordinated Area Plan (NVCAP) Refined Preferred Alternative, Take
Public Comment, and Endorse the Refined Preferred Alternative Plan.
From: City Manager
Lead Department: Planning and Development Services
This Memorandum provides responses to Council inquiries from the October 24, 2022 City
Council meeting.
As a reminder – Council previously gave staff direction on the preparation of a preferred NVCAP
plan – the purpose of this report is to ensure the plan as represented is consistent with the
Council’s vision before continuing with costly and time intensive technical analysis and
regulatory standards. Staff also identified four discrete topics it was seeking Council direction
on, including:
• Height transitions
o Confirming Architectural Review Board (ARB) approach to support a one-story
transition in height;
• Approach towards negative effects of employment density
o Confirming the use of Transportation Demand Management (TDM);
• Parking regulations considering the passage of Assembly Bill (AB) 2097
o Confirming implementation of AB 2097 and using parking maximums instead of
parking minimums; and,
• Height for future affordable housing site near Matadero Creek (Sobrato/City DA)
o Confirming height up to seven stories to allow for ground floor commercial
and/or at and above grade parking.
After hearing the presentation, the Council received public testimony and provided staff with
questions to be answered at a subsequent meeting. The Council continued the item to
November 14, 2022. This memo provides responses to those questions.
City Council Questions
1. Describe an enforceable Transportation Demand Management (TDM) program.
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TDMs are described in the Palo Alto Municipal Code (PAMC) Chapter 18.52.050(d). Initial
monitoring reports are due within the first two years of implementation and annually
thereafter. Reports are reviewed by staff to ensure compliance with targets. The enforceability
of TDM depends on establishing clear and readily verifiable performance measures and staff
resources. Where the monitoring reports indicate that performance measures are not met, the
director in collaboration with the City’s Chief Transportation Official may require program
modifications and may impose administrative penalties if identified deficiencies are not
addressed within six months.
2. Describe how additional height may be applied to the properties between Park Boulevard
and the train tracks.
Height limits could be increased in that area for residential and residential mixed-use
development. Staff did not receive direction from the Council regarding any additional
increases in residential density for the overall NVCAP buildout. Residential was not
contemplated in that area for the preferred alternative since few properties would be available
for redevelopment and they were not considered opportunity development sites.
If the Council desires, the height limit for residential development could be set between 55-60
feet to accommodate a five-story all residential building or taller for a five-story residential
above one or two levels of commercial development.
3. Estimate the job creation versus housing impact for NVCAP Alternative 3B.
Alternative 3B anticipated 1,490 new dwelling units. Alternative 3B needed 580 dwelling units
to support the plan’s proposed new jobs.
4. What would be the job generation impact of implementing Metropolitan Transportation
Commission (MTC) Transit Oriented Communities (TOC) 2.0 to 4.0 Floor Area Ratio (FAR) for
office?
Implementing the TOC policies on GM, CS and CN properties within the NVCAP and assuming
that all new square footage would be office equates between 2,952 and 6,674 new jobs. The
preferred plan does not assume job growth because loss of office square footage will support
new residential and park space.
5. What is the status of the MTC TOC proposed policies and should we participate in the final
formation of that if it is not codified?
The MTC adopted the TOC policies on September 28, 2022. MTC anticipates a few years to
implement the policies to tie to their future grant funding programs.
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6. Legally are we able to have affordable standards that would favor greater social and
economic diversity for previously disenfranchised communities?
Staff is continuing to research this issue and anticipates being able to provide an update at the
meeting.
7. Provide a summary of Assembly Bill (AB) 2097.
AB 2097 prohibits a city from imposing parking requirements on developments that are within
1/2 mile of a major public transit stop, as defined in state law. The bill includes limited
exceptions in the event a city can make certain findings, supported by a preponderance of the
evidence. To take advantage of these exceptions, the City would have to develop evidence to
support findings that the absence of parking requirements would have a substantially negative
impact on:
1) the City’s ability to meet its share of RHNA for lower income households;
2) the City’s ability to meet special housing needs identified in its housing element for the
elderly or persons with disabilities; or
3) existing residential or commercial parking within one-half mile of the housing
development project.
Of these three options, the third appears to have the broadest applicability; however, it only
speaks to housing development projects. In other words, this would not be a basis for imposing
parking requirements on commercial projects under AB 2097. In addition, where housing
projects are concerned, AB 2097 provides several exceptions to these exceptions. For housing
projects, a city may not use these findings to impose parking requirements if: 1) the project
reserves at least 20 percent of its units for moderate income households, students, elderly
persons, or persons with disabilities; 2) the project contains fewer than 20 units; or 3) the
project is subject to other state laws that permit reduced parking. In short, there is only a very
limited class of projects for which the City could utilize findings to impose parking
requirements: large housing projects that do not provide at least 20 percent of units for
moderate income households, students, elderly persons or persons with disabilities.
8. What are the Electric Vehicle (EV) charging requirements for the NVCAP?
Projects will comply with the PAMC and the applicable California Building Code. The following
will be required with the adoption of the upcoming Building Code for new projects:
One/Two/Townhouse dwellings:
The property owner shall provide One Level 2 electrical vehicle supply equipment (EVSE) or one
EV ready space for each residence (except for accessory dwelling unit (ADU)).
Multi-family dwellings:
The property owner shall provide at least one Level 2 EVSE or one Level 2 EV Ready space for
each residential unit in the structure.
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Other Non-Residential:
For building with 10 to 20 parking spaces, the property owner shall provide at least 20% EV
Capable or EVSE-Ready space, and at least 20% Level 2 EVSE installed of the total parking
spaces. For building with over 20 parking spaces, the property owner shall provide at least 15%
EV Capable or EVSE-Ready space, and at least 15% EVSE installed for of the total parking spaces.
9. Provide summary of California History Registry.
The building at 200 Portage Avenue, also known as 340 Portage Avenue, is eligible for listing in
the California Registry of Historic Resources (CRHR) under Criterion 1 (Events) at the local level.
The significance of the building is related to its association with Palo Alto’s fruit and vegetable
canning and is a rare surviving example of Palo Alto and Santa Clara County’s agricultural past.
It therefore is a historical resource pursuant to Section 15064.5(a) of the CEQA Guidelines.
10. What are the heights of Park Plaza apartment building and the other project on Park
Boulevard?
Park Plaza is 38’ to 43’ with a 60’ tower element. The other adjacent site (3045 Park Boulevard)
is 31’ (37’ to elevator and 41’ to equipment screen).
11. What are the impacts to housing for the R1 to multi-family housing transition if we did not
implement?
If the code does not change, then the height limit would remain 35 feet for the affected El
Camino Real properties. Because of the daylight plane, shorter buildings may be placed closer
to the R-1 property. Development on these properties may result in a three-story building. If
staff’s recommendation is followed, then the building would be allowed an additional story, but
upper stories will be placed farther away from the R-1 property because of implementing the
daylight plane.
12. How does the future below market rate (BMR) project site affect the historic aspect of the
cannery building?
To some extent the conceptual project referenced in the question has been studied as an
alternative project in the draft environmental impact report for the Sobrato/City development
agreement and accessible online.1 However, a further environmental review may be needed
when an actual project is prepared to potential impacts to cultural resources in the area.
13. Regarding Slides 13 and 14, is the 65-foot height recommended by staff the same or
different than what was presented previously?
1 DEIR 200 Portage Townhome Project: https://www.cityofpaloalto.org/files/assets/public/planning-amp-
development-services/new-development-projects/200-portage/200-portage-ave-townhome-project_draft-eir.pdf
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The Council previously endorsed heights for 100% affordable housing projects with five-story all
residential or six-story residential-mixed use. A five-story residential building can be
accomplished within 55 feet and a six-story residential mixed-use building can be accomplished
within 65-70 feet. Staff is seeking clarification as to whether additional height flexibility should
be incorporated for this specific site to accommodate additional parking in a one or two level at
and above grade parking structure to support the affordable housing project and potentially
some additional public parking or tall ceiling retail space. Accordingly, staff seeks Council
guidance to consider heights up to 75-80 feet at this specific location. Should the Council prefer
to allow the greater height flexibility now it may eliminate the need to amend the NVCAP
shortly after adoption later next year – if greater height is ultimately desired.
14. Has anyone built above these parking maximums and how this has worked elsewhere - why
would we adopt it?
The following cities have implemented parking maximums within the Bay Area: Sunnyvale,
Redwood City, Berkeley, Gilroy, Alameda, Novato, Oakland, and San Francisco. The following
are reasons supporting a parking maximum strategy and provided for on the MTC website:
• Limits the amount of excess parking built, particularly in areas where walking and
multimodal mobility are most viable as alternatives to driving.
• Reduces traffic congestion and vehicle miles travelled (VMT) by reducing parking
activity.
• Reduces housing costs by reducing the cost of constructing parking and increasing the
potential number of units that can be developed.
• Emphasizes the expectation of reduced parking needs in key development areas.
The Fehr & Peers 2018 Multi-family Rental Residential Development parking rate study
prepared for the NVCAP supported minimums endorsed by the Council because higher parking
rates are expected to lead to oversupply. Establishing a parking maximum approach would be
consistent with the NVCAP goals but this strategy is not required and the Council may decline
this staff recommendation.
Notwithstanding the answers to the above questions, staff again is only seeking minor discrete
refinements to affirm direction of the NVCAP plan. Should Council wish to provide direction in
other areas of the plan, staff may need to assess the workload and other resources required.
Substantive changes in direction is expected to further delay this effort and may jeopardize the
City’s ability to recover costs for plan preparation, calling into question the value of proceeding
with this planning effort.