Loading...
HomeMy WebLinkAboutStaff Report 2402-2668CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, May 06, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     15.PUBLIC HEARING / QUASI-JUDICIAL. 800 San Antonio Road [23PLN-00010]: Recommendation on Applicant’s Request for a Rezone from Service Commercial to Planned Community/Planned Home Zoning (PC/PHZ). The Project Includes Construction of 75 Residential Condominium Ownership Units Including 15 Below-Market Rate Units (20% of the Units) in a Five Story Building with Two Levels of Subterranean Parking. A Subdivision Map will be Required. An Addendum to the Previously Certified Environmental Impact Report for the Housing Incentive Program Expansion and 788 San Antonio Mixed Use Project (SCH # 2019090070) was Prepared. Zoning District: CS (Commercial Service). City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: May 6, 2024 Report #:2402-2668 TITLE PUBLIC HEARING / QUASI-JUDICIAL. 800 San Antonio Road [23PLN-00010]: Recommendation on Applicant’s Request for a Rezone from Service Commercial to Planned Community/Planned Home Zoning (PC/PHZ). The Project Includes Construction of 75 Residential Condominium Ownership Units Including 15 Below-Market Rate Units (20% of the Units) in a Five Story Building with Two Levels of Subterranean Parking. A Subdivision Map will be Required. An Addendum to the Previously Certified Environmental Impact Report for the Housing Incentive Program Expansion and 788 San Antonio Mixed Use Project (SCH # 2019090070) was Prepared. Zoning District: CS (Commercial Service). RECOMMENDATION Staff recommends that Council take the following actions: 1. Consider the Addendum to the previously adopted Environmental Impact Report (Attachment F) 2. Adopt an Ordinance rezoning the subject site from Service Commercial to Planned Community/Planned Home Zoning (Attachment B) as recommended by the Planning & Transportation Commission 3. Adopt the Record of Land Use Action approving the Architectural Review, based on findings and subject to conditions of approval as recommended by the Architectural Review Board (Attachment C) EXECUTIVE SUMMARY The applicant requests approval to rezone two Commercial Service (CS) zoned parcels located at 800 and 808/814 San Antonio Road from Service Commercial (CS) to “Planned Home Zone” (PHZ) in accordance with Palo Alto Municipal Code (PAMC) Chapter 18.38 (Planned Community Zoning). The parcels would be merged and subdivided for condominium purposes under a separate subdivision map application, and the resulting parcel would be redeveloped with a five-story, 75- unit for-sale, residential building. Fifteen of the units (20% of total units) would be provided as below-market rate units, including six units provided at a rate affordable to very-low income, five at a rate affordable to low income, and four at a rate affordable to moderate income. Staff has compared the proposed project to the CS development standards and concluded the project includes requests for increases in the maximum floor area, lot coverage, and height. The ARB recommended approval of the project on March 7, 2024, and PTC recommended approval of the project on April 10, 2024. BACKGROUND Requested Entitlements, Findings and Purview The following discretionary applications are being requested and subject to Council purview: •Planned Community (PC/PHZ): The process for evaluating this type of application is set forth in PAMC 18.38. Planned Community is intended to accommodate all types of developments, including combinations of uses appropriately requiring flexibility under controlled conditions not otherwise attainable under other districts. The planned community district is particularly intended for unified, comprehensively planned developments that are of substantial public benefit and which conform with and enhance the policies and programs of the Palo Alto Comprehensive Plan. The application requires initial review by the Planning and Transportation Commission (PTC), followed by review by the Architectural Review Board (ARB). Upon recommendation from the ARB, the draft ordinance for the project is presented along with the development plan to the Planning and Transportation Commission for recommendation to the City Council for final action. •On February 3, 2020, Council unanimously endorsed using Planned Housing Zoning (PHZ) for housing and mixed-use housing projects to help spur housing production. In exchange for deviation from certain standards as allowed under the rezoning, if approved by Council, the project must include at least 20% of the housing units as deed restricted for lower income households. The full Council staff report on this topic is viewable here: https://bit.ly/PHZ-CouncilReport Prior City Reviews & Action City Council:Prescreening August 15, 2022 Staff report: https://bit.ly/3qxtgnO Minutes: https://bit.ly/45OpNBj PTC:June 14, 2023 Staff report: https://bit.ly/442daCe Minutes: https://bit.ly/4cYTrrb April 10, 2024 Staff report: https://bit.ly/4aQC0aE Video: https://bit.ly/49WZda2 HRB:None ARB:August 17, 2023 Staff report: https://bit.ly/4d0VUBk Minutes: https://bit.ly/4d0u6x6 March 7, 2024 Staff report: https://bit.ly/4ayS9BA Video: https://bit.ly/49JkUu9 April 4, 2024 (Ad Hoc) Staff report: https://bit.ly/3Q5PYNE This project initially had a Council Prescreening on August 15, 2022. After the project was formally submitted on January 19, 2023, and reviewed by City staff, it was presented to the PTC on 6/14/23. The PTC moved the project forward to the ARB. The ARB reviewed the project on 8/17/23 and provided comments. The applicant revised the plans and after additional staff review, the project returned to the ARB on 3/7/24. As part of the PC review process, Architectural Review (AR, process is set forth in PAMC 18.77.070) is ‘bundled’ with the development plan associated with the PC/PHZ Ordinance for Council action on the project. The ARB unanimously recommended approval of the PC/PHZ with seven items to be addressed in an Ad Hoc subcommittee. The plans were revised and reviewed by the Ad Hoc on 4/4/24, addressing all but two of the items: 1) Consideration of alternatives for how refuse bins are brought from the below-grade collection room to the staging area (does not affect pick up of refuse), and 2) Ensuring viability of landscaping planting where the planting is above portions of the below-grade parking garage. Staff has incorporated these outstanding items as conditions of approval #4d and #4e. The PTC unanimously recommended approval of the PC/PHZ on April 10, 2024. The PTC commended the project for providing substantially sized units and appreciated the quality of the below market rate units as helpful to families. The Motion for PC/PHZ approval included revising the “mix” of BMR units to count one fewer 2-bedroom moderate income unit in order to count one additional 3-bedroom moderate income unit. This distributes the BMR units more proportionally by the building’s range of unit sizes. The Motion also included correction of various typos in the Draft Ordinance and Record of Land Use attachments, which have been addressed and incorporated as appropriate in this report’s attachments. ANALYSIS Neighborhood Setting and Character The proposed project site is located on the east side of San Antonio Road between Leghorn Road and East Charleston Road. The surrounding uses are mostly one- to two-story buildings with commercial/personal services, office use, and similar uses. The site is adjacent to an approved mixed use, 4-story building at 788 San Antonio which is currently in the building permit process. Council approved application of the Housing Incentive Program (HIP) to a portion of San Antonio Road between Middlefield Road and E. Charleston Road, including the subject property. The approved ordinance allowed for higher density residential uses along a portion of the San Antonio Road corridor and is anticipated to change the overall character of the neighborhood in this area from low-density commercial uses to high-density residential uses over time. The environmental analysis for the approved ordinance evaluated a total increase of up to 818 new units within this area. This is the second formal application received within the area evaluated as part of the HIP expansion. There is also a proposed Architectural Review project utilizing the HIP proposed at 824 San Antonio. Additionally, the City is preparing to release a request for proposals to develop an Area Plan for the San Antonio Road Corridor, anticipated to be a 18-24 month effort once it begins later this year. Consistency with the Comprehensive Plan, Area Plans and Guidelines1 The Comprehensive Plan includes Goals, Policies, and Programs that guide the physical form of the City. The Comprehensive Plan provides the basis for the City’s development regulations and is used by staff to regulate building and development and make recommendations on projects. Further, ARB Finding #1 requires that the design be consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. This is further discussed in Attachment C. The Comprehensive Plan land use designation for the project site is Service Commercial (CS). The Service Commercial Designation is described in the Comprehensive Plan as: “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. 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 includes high density housing along San Antonio Road, consistent with this land use designation. Additionally, one of the parcels (APN 147-03-043 at 808 San Antonio Road) was included in the 2017-2023 Housing Element Sites Inventory, with an expected capacity of seven units. The proposed project merges parcels to allow for additional capacity. The proposed 75 units exceed the Housing Inventory expectations. The project supports Comprehensive Plan policies to provide affordable housing, infill development, and to promote high-quality design. Zoning Compliance Staff performed a detailed review of the proposed project’s consistency with applicable zoning standards. For a PHZ project, the zoning development standards are customized for the building, and therefore this project will be in compliance with zoning through the rezoning process. However, as detailed in the Zoning Comparison Table (Attachment D), there are several aspects of the project that exceed the CS zoning base district development standards, including: •Building height •Maximum floor area •Maximum lot coverage •Minimum commercial floor area Building Size The project's floor area ratio (FAR) is 3.0:1 where 1:1 is the standard allowable FAR for mixed use buildings, and 2:1 is the standard for HIP projects. Proposed lot coverage is 60% where 50% is standard, and 60’8” height where 50 feet in height is the standard. In general, the additional building volume is necessary to accommodate units with more bedrooms. In the Housing Incentive Program EIR (see Environmental Review section below), it was estimated this site could accommodate approximately 94 units. By providing 75 large units on the same property, including 52 two-bedroom units and 16 three-bedroom units, this project would be able to better serve families. The height increase, equivalent to one story, would not be substantially out of character for the San Antonio Road corridor. Next door, the 788 San Antonio project is approved to be built at 50 ft in height. In the surrounding blocks, the two Marriott hotels are also 50 ft, and the Taube Koret Campus for Jewish Life is approximately 60 ft. Minimum Commercial Space The project proposes 1,078 sf of commercial space, where the standard minimum requirement is 1,500 sf. This is an improvement to the initial submittal, which included no commercial space. The addition of the commercial space will help provide services to the residents of this building, as well as the adjacent buildings planned in the San Antonio Road Housing Incentive Program corridor. No tenant is identified at this time, and the PHZ Ordinance is drafted to allow for a range of pedestrian-oriented commercial uses. Multi-Modal Access & Parking The project includes the full required parking spaces for the 75 residential units. 148 parking spaces are proposed, where 143 are required. 86 of these spaces are provided in 12 independent stacker systems. The below grade garage protrudes approximately 7 feet into the special setback for a portion of the façade, in a manner that is not anticipated to affect future use of the special setback. There is a condition of approval to require ongoing maintenance of the parking stackers. Per PAMC 18.52.040, up to 1,500 sf of ground floor retail uses shall not be counted toward the vehicle parking requirement. Bike parking is provided onsite, in the ground floor bike room, which has access directly from the street as well as from the main lobby. There are also eight (8) short-term bike racks in front of the building. A possible bike pathway across this property was discussed extensively, however, the Office of Transportation is not currently prepared to move forward with a bikeway at this time. Landscaping in the front setback is proposed with future bike access in mind. Parkland Dedication This project includes more than 50 condominium units; therefore, the Parkland Dedication requirement applies. The applicant requests an exemption to the land dedication, and instead proposes to pay in-lieu fees estimated at over $4.08 million. Staff from Planning & Development Services and Community Services Departments are supportive of this request. For 75 units, the dedication requirement would be 27,450 sf, or 0.63 acres. The project site is 0.88 acres, making on-site dedication unrealistic. Staff was unable to identify an appropriate off-site location, and prefers a minimum size of two acres for new parks. Consistency with Application Findings This project is required to meet the Architectural Review Findings, and the Public Benefit requirements of a PC. The Architectural Review Findings are incorporated into the Draft Record of Land Use Action (Attachment C). The ARB found at the March 7 meeting that the project meets the Findings. This project provides a number of public benefits, as required by a PC project. This includes housing and affordable units per Council direction on PHZs, the commercial space, and planning for future bike infrastructure. Unit Affordability The applicant proposes to provide six Very-Low Income, five Low Income, and four Moderate Income units; 20% of the total 75 units. The PHZ process offers developers several options to provide affordable units as the “public benefit” of a PC project, as described in the September 21, 2020 Council Staff Report1. Option #2 provides a weighted calculation to incentivize developers to provide very-low and low income units, rather than the minimum moderate units required. Table 1 below calculates weighted values for the BMR units provided, equivalent to approximate 26%. This is in excess of the minimum 20% required for a PHZ project. 800 San Antonio Below Market Rate Unit Calculation Income Level Area Median Income Weighted Value Number of Units % of Actual Units Weighted % Very-low Income 31-50%1.9 6 8.0%15% Low Income 51-80%1.2 5 6.7%8%Below Market Rate Units Moderate Income 81-120%0.6 4 5.3%3% Typical Units Above Moderate & Market Rate 121% +0 60 Total 75 20.0%26.4% 1 September 21, 2020 Council Staff Report - https://bit.ly/PHZ-CouncilReport At the PTC meeting, the motion included that one more three-bedroom BMR unit be provided and one fewer two-bedroom BMR unit be provided. The applicant has revised the plans to do so, and changed one of the low-income units to be three-bedroom, going beyond what PTC asked to provide a family-sized unit to a lower income bracket. The table below shows that the BMR units are as close to 20% per size of unit as possible considering the unit distribution throughout the building. 800 San Antonio Provided Below Market Rate Unit vs 20% Allocation Total Units BMR Units Provided %20% BMR 1-bed 7 2 29%1.4 2-bed 52 10 19%10.4 3-bed 16 3 19%3.2 Total 75 15 20%15 POLICY IMPLICATIONS The subject project includes legislative and discretionary actions that follow prior Council direction and guidance relative to the planned home zoning process. Due to the legislative nature of this application the City Council has board authority in its decision-making capacity. This project located on the San Antonio Road corridor precedes a broader community planning process for this area but provides housing in an area of the City anticipated to see greater housing production. The inclusion of family-sized units, including income restricted units, is consistent with the City’s housing element goals. In exchange for greater housing density and deeper affordability, the developer seeks modification to certain development standards as detailed in this report. FISCAL/RESOURCE IMPACT This is a cost-recovery project, the applicant will pay an hourly rate for all staff time put towards this project. The total estimated development impact fees for this project would be $4,956,709 plus the Public Art fee of approximately $350,000 for a total estimate of $5,306,709. STAKEHOLDER ENGAGEMENT The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on April 26, which is 10 days in advance of the meeting. Postcard mailing occurred on April 24, which is 12 days in advance of the meeting. Public Comments Public comments regarding this project have been received throughout the review of the project, from prescreening to present. No new comments have been received since the PTC hearing. A summary of the most relevant comments is included below, and all emails received though the publication date of this report are included in Attachment E. • This area lacks bus and bike infrastructure • The building is too tall, too dense, and does not have step-backs on the upper levels • Concern about children safely walking and biking to school, it is unclear what school district the building is located in • Open space should not include a roof deck • Appreciation for below-market rate units • Concerns about dewatering for below grade parking • Desire to increase and improve landscaping to include more tree and native pollinator species • Concern about loss of tree canopy • Encouraged Council to further prioritize a Coordinated Area Plan for the development of this corridor (this comment was received prior to the Cal Poly student project) • Concern about lane closures on San Antonio Road during construction, and potential coordination issues if multiple projects are under construction simultaneously 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. Specifically, an Addendum to the previously adopted Housing Incentive Program Expansion and 788 San Antonio Road Mixed-Use Project Environmental Impact Report (SCH # 2019090070). The Addendum determined no additional significant environmental impacts will occur as a result of this project, and the project is subject to the previously adopted relevant mitigation measures. The Addendum is available in Attachment F. ATTACHMENTS Attachment A: Location Map Attachment B: PC Ordinance Attachment C: Record of Land Use Action Attachment D: Zoning Comparison Table Attachment E: Correspondence Attachment F: Link to Project Plans and Environmental Documents APPROVED BY: Jonathan Lait, Planning and Development Services Director Building 7 Build B Building 6 Building 5 Building 13 Building 14 Building 2 Building 4 Building 15 Building 1 Building 3 H J G M F E 131.0' 98.0' 34.3'24.0' 106.1' 51.0 ' 35.4' 76.3' 160.0' 56.3' 31.4' 140.0' 60.0' 160.0' 60.0' 160.0' 207.0' 83.0' 200.8' 74.8' 8.3' 216.3' 83.0' 207.0' 83.3' 60.0' 160.0' 64.5' 160.1' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 114.0' 250.0' 94.1' 73.8' 95.3' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 250.0' 114.0' 660.1' 275.9' 148.9' 242.4' 73.8' 94.1' 169.6' 60.1' 165.8' 60.0' 165.8' 60.2' 160.8' 60.0' 160.8' 107.0' 148.9' 105.9' 95.0' 129.4'32.0' 74.4' .1' 149.9' 244.42' 197.0' 244.42' 197.0' 100.0' 197.0' 100.0' 197.0' 09.5' 52.2' 197.0' 71.7' 266 3' 106.1' 24.0' 34.3' 102.0' 98.3' 27.4' 112.3' 100.0' 200.0' 100.0' 200.0' 100.0' 100.0' 100.0' 100.0' 100.0' 100.0' 100.0' 100.0' 120.0' 200.0' 120.0' 200.0' 171.8' 50.0' 169.6' 50.0' 150.0'8.7'151.3' 175.0' 175.0' 178.0' 175.0' 75.0' 175.0' 75.0' 175.0' 100.0' 175.0' 100.0' 175.0' 62.5' 175.0' 62.5' 175.0' 62.5' 175.0' 62.5' 100.0' 320.1' 77.0' 302.6' 27.2' 59.5' 25.0'10.0' 150.0' 70.0' 175.0' 60.0' 145.1' 60.0' 145.1' 60.0' 160.0' 100.0' 170.1' 73.0' 10.1' 27.0' 150.0' 90.0' 150.0' 90.0' 150.0' 70.0' 150.0' 70.0' 150.0' 80.0' 150.0' 80.0' 160.0' 100.0' 160.0' 100.0' 160.0' 50.0' 160.0' 50.0' 132.0' 50.6' 30.8'110.6' 70.0' 115.2'32.0' 109.4' 132.0' 130.0' 100.0' 185.2' 219.3' 20.0'121.6' 165.0' 120.8' 165.0' 121.6' 144.0' 30.8' 219.3' 90.1' 209.1' 89.2' 209.1' 94.1' 198.5' 93.2' 198.5' 98.7' 187.4' 21.3' 76.4' 187.4' 103.5' 178.2' 102.6' 178.2' 107.3' 172.2' 106.7' 172.2' 147.6' 147.0' 34.3' 124.2' 136.6' 118.1' 159.4' 102.4' 27.9' 159.4' 97.2' 107.4' 175.0' 60.0' 175.0' 61.0' 175.0' 61.0' FABIAN STREET SAN ANTONIO ROAD LEGHORN STREET EAST CHARLESTON ROAD SAN ANTONIO ROAD CO MME RCIAL STREET EAST CHARLESTON ROAD CS CS(A PC-2711 4918 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Special Setback abc Known Structures Tree (TR) Zone Districts Project Site 0'181' Attachment A: Project Site CITYOF PALOALTOINCORPORATED CALI FORNIA P a l o A l t oT h e C i t y o f APRIL 1 6 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2022-06-13 16:24:25 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Mountain View GM PC-2711 NOT YET ADOPTED 0160140_20240417_ay16 1 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 800-814 San Antonio Road from Service Commercial (CS) to PC Planned Community Zone (PC-______) for the Construction of Multifamily Residential Units. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. (a) On January 19, 2023, Architect Mark Donahue, on behalf of TS 800 SA, LLC (“Applicant”) submitted an application for Rezoning to Planned Community/Planned Home Zoning (PHZ) and Major Architectural Review to redevelop the 800-814 San Antonio Road site with 75 condominium residential units and 1,078 sf of commercial space (the “800 San Antonio Project”). (b) Following Staff Review, the Planning and Transportation Commission (Commission) reviewed the project on June 14, 2023 and recommended the project to the Architectural Review Board. (c) The Architectural Review Board reviewed the project on August 17, 2023 and March 7, 2024; and recommended approval of the project to the City Council. (d) The Planning and Transportation Commission reviewed the project on April 10, 2024; and recommended approval of the project to the City Council. (e) Approval of the Planned Community Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines promulgated thereunder (“CEQA”). (f) The City is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Planned Community Project. (g) The City, in compliance with CEQA, prepared an Environmental Impact Report (EIR) Addendum to provide an assessment of the potential environmental consequences of approving and constructing the 800 San Antonio Project. (h) The Council is the decision-making body for approval of the Planned Community Project. NOT YET ADOPTED 0160140_20240417_ay16 2 SECTION 2. Amendment of Zoning Map. Section 18.08.040 of the Palo Alto Municipal Code, the “Zoning Map,” is hereby amended by changing the zoning of Subject Property from Service Commercial (CS) to “PC Planned Community Zone _____”. SECTION 3. Project Description. The Project as a whole is described in the Project Plans. With respect to the Subject Property, the project comprises the uses included in this Ordinance, depicted on the Project Plans, incorporated by reference, including the following components: (a) Demolition of three existing commercial buildings, as described in more detail in the Project Plans, to facilitate the construction of a 5-story building with 1,078 square feet of retail space, and 75 residential condominium units, including 15 units to be sold at below market rates (BMR) in accordance with the City’s BMR guidelines (6 units affordable to Very-Low Income households, 5 units affordable to Low Income households, 4 units affordable to Moderate Income households). SECTION 4. Land Uses. (a) The following land uses shall be permitted: (1) Multiple family residential, subject to BMR requirements stated in the project description. (2) Accessory Facilities and uses customarily incidental to permitted uses (3) Home Occupations, when accessory to permitted residential uses. (b) The following land uses shall be permitted on the ground floor, in an area neither greater nor lesser than approximately 1,078 square feet: (1) Eating and Drinking Services, excluding drive-in and take-out services (2) Retail Services, excluding liquor stores (3) Personal Services (4) Banks and Financial Services SECTION 5. Site Development Regulations and Development Schedule. (a) Development Standards: NOT YET ADOPTED 0160140_20240417_ay16 3 Development standards for the Subject Property shall be those conforming to the Project Plans. (b) Parking and Loading Requirements: The Owner shall provide parking and loading as set forth in the Project Plans. (c) Modifications to the Development Plan, Land Uses and Site Development Regulations: Once the project has been constructed consistent with the approved Development Plan, any modifications to the exterior design of the Development Plan or any new construction not specifically permitted by the Development Plan or the site development regulations contained in Section 5 (a) – (b) above shall require an amendment to this Planned Community zone. Any use not specifically permitted by this ordinance shall require an amendment to the PC ordinance. (d) Development Schedule: Construction of the project shall commence within two years of the effective date of this ordinance. Prior to expiration of this timeline, the Owner may seek a one year extension from the Director of Planning and Development Services. All construction and development of the project shall be complete within 3 years of the start of construction. SECTION 6. Public Benefits. (a) Public Benefits: Development of the Project Site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts. The public benefits provided by the Project include deed-restricted BMR units in excess of the minimum required, retail commercial space on the ground floor, and space for future expansion of bicycle and pedestrian infrastructure along San Antonio Road. (b) Monitoring of Conditions and Public Benefits: Not later than three (3) years following issuance of a certificate of occupancy and at least every three (3) years thereafter, the Owner shall request that the City review the for compliance with the PC district regulations and the conditions of approval for the associated development. The applicant shall provide adequate funding to reimburse NOT YET ADOPTED 0160140_20240417_ay16 4 the City for these costs. If conditions or benefits are found deficient by staff, the applicant shall correct such conditions in not more than 90 days from notice by the City. If correction is not made within the prescribed timeframe, the Director of Planning and Development Services will schedule review of the project before the Planning and Transportation Commission and Council to determine appropriate remedies, fines or other actions. SECTION 7. Environmental Review. An Addendum to the EIR for the Housing Incentive Program (HIP) on San Antonio Road was prepared in accordance with the California Environmental Quality Act. The City Council adopted Resolution No. 9925 certifying the adequacy of the EIR and making findings, including a statement of overriding considerations. // // // // // // // NOT YET ADOPTED 0160140_20240417_ay16 5 SECTION 8. Effective Date. This ordinance shall be effective on the thirty-first day after the date of its adoption (second reading). INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services Exhibit A: Subject Property Plat and Legal Description Page 1 of 18 APPROVAL NO. 2024-____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 800-808 San Antonio Road Planned Home Zoning Project (23PLN-00010) On May 6, 2024, the Council held a duly noticed public hearing and, after considering all of the evidence presented, approved the Planned Community/Planned Home Zoning application to allow Request for a Rezoning to Planned Community/Planned Home Zoning to Allow the merging of lots 800 and 808 San Antonio Road, to form an 0.88 acre site. The Project will be a 75 unit residential building with 15 BMR units. The building is designed as a 5 story building with four levels of wood framing over a concrete podium superstructure, with two levels of subterranean parking. The Project also includes a common-use interior courtyard and roof deck, as well as balconies and patios, and amenity spaces. In approving the application, the Council make the following findings, determination and declarations: SECTION 1. Background. A.The Request for a Rezoning to Planned Community/Planned Home Zoning to Allow the merging of lots 800 and 808 San Antonio Road, to form an 0.88 acre site. The Project will be a 75 unit residential building with 15 BMR units. The building is designed as a 5 story building with four levels of wood framing over a concrete podium superstructure, with two levels of subterranean parking. The Project also includes a common- use interior courtyard and roof deck, as well as balconies and patios, and amenity spaces, (“The Project”). B.The Project application was initially received on January 19, 2023 and was reviewed by City staff and revised by the applicant. C.Following staff review, the Planning and Transportation Commission reviewed the project on on June 14, 2023. D.The plans were revised, reviewed by Staff, and reviewed by the Architectural Review Board on August 17, 2023. E.Following further revision and staff review, the ARB reviewed the project design and EIR Addendum, on March 7, 2024 and recommended approval. F.On April 10, 2024 the PTC reviewed the project design and the EIR, and recommended approval. G.On May 6, 2024, the City Council held a duly noticed public hearing, at which evidence was presented and all person were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council’s Policies and Procedures. After hearing public testimony, the Council voted to approve the project subject to the conditions set forth in Section 7 of this Record of Land Use Action. SECTION 2. Environmental Review. On May 6, 2024, City Council made the decision to adopt the EIR Addendum. In conformance with the California Environmental Quality Act (CEQA), an Environmental Impact Report was certified by the City Council on November 16, 2020. The 800 San Antonio Project Environmental Impact Report (EIR) (State Clearinghouse No. 2019090070) concluded that the proposed project(s) would not have a significant Page 2 of 18 effect on the environment with mitigation as proposed. The EIR is available for review on the City’s web site: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current-Planning/Projects/800- San-Antonio-Road. All mitigation measures as stated in the approved Mitigation Monitoring and Reporting Program (MMRP) have been incorporated into the conditions of approval. SECTION 3. Planned Community Findings Finding #1: The site is so situated, and the use or uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development. The project is consistent with Finding #1 because: The proposed project includes provides larger, family-serving units, as well as additional affordable housing units. This requires exceeding the allowable floor area, lot coverage, and height to achieve. Additionally, to provide this number of family-serving units, there is less available space on site to provide commercial space and parkland dedicated land. The project is otherwise in compliance with Zoning district requirements. Finding #2: Development of the site under the provisions of the PC planned community district will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts. In making the findings required by this section, the planning commission and city council, as appropriate, shall specifically cite the public benefits expected to result from use of the planned community district. The project is consistent with Finding #2 because: The primary public benefit for this project is additional housing units to assist the City in reaching their Regional Housing Needs Assessment goals. The project proposes 75 units, the majority of which are 2- and 3-bedrooms to serve families. The project proposes 20% of the units to be designated Below Market Rate, including 6 very-low income, 5 low-income, and 4 moderate-income. Finding #3: The use or uses permitted, and the site development regulations applicable within the district shall be consistent with the Palo Alto Comprehensive Plan, and shall be compatible with existing and potential uses on adjoining sites or within the general vicinity. The project is consistent with Finding #3 because: This project is consistent with the Palo Alto Comprehensive Plan, as described further in Architectural Review Finding #1 below. The surrounding uses are currently mostly one- to two-story buildings with commercial/personal services, office use, and similar uses. The site is adjacent to an approved mixed use, 4-story building at 788 San Antonio which is currently in the building permit process. This project is located in the Housing Incentive Program corridor, which allows for higher density residential uses along a portion of San Antonio Road and is anticipated to change the overall character of the neighborhood in this area from low-density commercial uses to high-density residential uses over time. SECTION 4. Architectural Review Findings Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. Page 3 of 18 The project is consistent with Finding #1 because: In conformance with the following Comp Plan Goals and Policies, the project will include high quality design compatible with surrounding development. Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Service Commercial. The project proposes high-density housing in an area designated for high-density housing. Land Use Element 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. This project proposes to redevelop three existing commercial buildings into a single multiple-family residential condominium building within the Housing Incentive Program (HIP) area. Policy L-2.5 Support the creation of affordable housing units for middle to lower income level earners, such as City and school district employees, as feasible. This project includes 15 BMR units. Policy L-2.11 Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens. The proposed building includes a central courtyard and rooftop garden. Policy L-6.1 Promote high-quality design and site planning that is compatible with surrounding development and public spaces. The proposed residential building is being considered within the context of other projects being developed in the HIP area, and will meet the high-quality standards of the Architectural Review Board. Policy L-6.7 Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. To promote compatibility and gradual transitions between land uses, place zoning district boundaries at mid-block locations rather than along streets wherever possible. While the proposed project is somewhat out-of- scale with the existing neighbor to the left, it is similar in density and scale to the HIP project approved for the right side adjacent neighbor, and other projects proposed for the HIP area. Policy T-1.19 Provide facilities that encourage and support bicycling and walking. The building includes sufficient short and long term bicycle parking. As a PHZ project, the zoning development standards are custom built for the building, and therefore this project will be in compliance with zoning through the approval process. No other design guidelines or documents apply to this location. Finding #2: The project has a unified and coherent design, that: a.creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b.preserves, respects and integrates existing natural features that contribute positively to the site and Page 4 of 18 the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: There is internal order between the pedestrian entries, car entry, retail space and amenity space. There are separate, defined entrances for the residents and retail tenant. There is no historic character to preserve. The proposed five story building is consistent with the applicable context-based design criteria, and scale, mass, and character is consistent with prior and proposed projects anticipated for the HIP area. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: The project incorporates a variety of materials, including glass, gray and beige equitone panels, blue and brown metal panels, and landscape elements. This palette is appropriate for a residential building, and relates to the adjacent 788 San Antonio project while being distinct. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: The design is functional. The bicycle parking is located at the ground level; the car parking is provided below grade, with driveway access at the northern end of the project site. The tenants will have private balcony space, and communal open space in the courtyard and rooftop garden. The building includes separate trash rooms for the commercial and residential components, and a loading space is located off of San Antonio Road, as well as in the below-grade garage. The primary entrances for the residential and the commercial spaces are well-defined with appropriate area available for signage. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. The project is consistent with Finding #5 because: The project is consistent with the finding in that the project provides landscaped area in the front, rear, central courtyard, and rooftop garden. Three existing trees, including two protected Coast Live Oak, will be preserved. All plants proposed are low to moderate water use, and most are native or regionally adapted. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy Page 5 of 18 efficiency, water conservation, building materials, landscaping, and site planning. The project is consistent with Finding #6 because: In accordance with the City’s Green Building Regulations, the building will satisfy the requirements for CALGreen Mandatory + Tier 2. The project includes a “cool” high albedo membrane roof, electric vehicle charging outlets, and drought tolerant and native landscaping. SECTION 5. Architectural Review Approval Granted . Architectural Review Approval is hereby granted for the Project by the City Council pursuant to PAMC Section 18.77.070 of the Palo Alto Municipal Code, effective May 6, 2024 and subject to the conditions of approval in Section 7 of this Record. SECTION 6. Plan Approval . The plans submitted for Building Permit shall be in substantial conformance with those plans prepared by the applicant titled San Antonio Road Housing, 800/808 San Antonio Road, Palo alto, CA 94303, consisting of 69 pages, uploaded to Accela Citizen Access on April 25, 2024, except as modified to incorporate the conditions of approval in Section 6. A copy of these plans is on file in the Department of Planning and Community Development. The conditions of approval in Section 6 shall be printed on the cover sheet of the plan set submitted with the Building Permit application. SECTION 7. Conditions of Approval. PLANNING DIVISION 1.CONFORMANCE WITH PLANS: Construction and development shall conform to the approved plans entitled, "San Antonio Road Housing, 800/808 San Antonio Road, Palo Alto, CA 94303,” uploaded to the Palo Alto Online Permitting Services Citizen Portal on April 25, 2024, as modified by these conditions of approval. 2.BUILDING PERMIT: Apply for a building permit and meet any and all conditions as contained in this document. 3.BUILDING PERMIT PLAN SET: A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. Project plans submitted for Building permits shall incorporate the following changes: a.Dimension the height of the elevator overrun, not to exceed 15 ft from the height of the roof b.Ensure consistency of all area calculations between the calculation sheets and the floor plans 4.ARB SUBCOMMITTEE: Prior to the issuance of building permits, the applicant shall return to the ARB subcommittee for approval of the following items, to the satisfaction of the Director of Planning and Development Services: a.No projections be allowed above ground into the special setback b.That private and common space be revised to meet the open space requirements c.The hallway adjacent elevator 2 be revised to have fewer bends in the hallway and to have more functional space adjacent the trash storage and elevator Page 6 of 18 d. Recommend considering alternate locations of the trash collection area, means of bringing trash to the street staging area, and location of the trash staging area e. Schematic foundation design including consideration of planters, bioswales and secant walls f. More comprehensive landscape plan in the courtyard including provisions for planters, furnishing and pathways through the courtyard g. Provide clerestory windows in the bicycle storage area 5. 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. 6. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of two years from the date of issuance of the entitlement. If within such one/two years period, the proposed use of the site or the construction of buildings has not commenced, the Planning entitlement shall expire. Application for a one year extension of this entitlement may be made prior to expiration. 7. MITIGATION MONITORING AND REPORTING PROGRAM. The Mitigation Monitoring and Reporting Program (MMRP) associated with the project and attached here as Exhibit B 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 of Planning and Development Services. 8. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary. a. The vertical garden green wall shall be maintained, and requires Architectural Review to modify or remove. 9. BASEMENT EXCAVATION: Any retaining wall required for basement excavation shall not prevent the planting and future growth of required landscaping. This shall be review by the Project Planner prior to issuance of a Building permit. 10. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. All noise producing equipment shall be located outside of required setbacks. Page 7 of 18 11. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified music shall be used for producing sound in or upon any open area, to which the public has access, between the hours of 11:00pm and one hour after sunrise. 12. NOISE REPORT AT BUILDING STAGE. At the time of building permit issuance for new construction or for installation of any such interior or exterior mechanical equipment, the applicant shall submit an acoustical analysis by an acoustical engineer demonstrating projected compliance with the Noise Ordinance. The analysis shall be based on acoustical readings, equipment specifications and any proposed sound reduction measures, such as equipment enclosures or insulation, which demonstrate a sufficient degree of sound attenuation to assure that the prescribed noise levels will not be exceeded. 13. NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis projected noise levels at or within 5 dB less than the Noise Ordinance limits, the applicant shall demonstrate the installed equipment complies with the anticipated noise levels and the Noise Ordinance prior to final Planning inspection approval. 14. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs shall conform to the requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the Director of Planning. 15. AFFORDABLE HOUSING REQUIREMENT (OWNERSHIP PROJECT): This project is subject to the affordable housing requirements set forth in Section 16.65.030 of the Palo Alto Municipal Code, and has chosen to exceed it as a part of the Planned Home Zoning (PHZ). Per the PHZ, at least 20% of the units shall be affordable to very low, low, or moderate income such that the income restricted units average out to no more than 80% AMI. The proposed project is required to contain no less than fifteen (15) below market rate units, allocated as shown on the approved plan set. 16. AFFORDABLE HOUSING PLAN AND AGREEMENT. The applicant shall prepare an affordable housing plan. An affordable housing agreement, reviewed and approved by the City of Palo Alto, shall be recorded prior to the approval of any final or parcel map or building permit for the development project (PAMC 16.65.090). 17. BELOW MARKET RATE (BMR) HOUSING. All BMR units constructed under this condition shall be in conformance with the City’s BMR Program rules and regulations. A BMR Agreement in a form acceptable to the City Attorney for the 15 BMR units shall be executed and recorded prior to final map approval or building permit issuance, whichever occurs first. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 18. TRASH ROOM. The trash room shall be used solely for the temporary storage of refuse and recycling that is disposed on a regular basis and shall be closed and locked during non-business hours. Page 8 of 18 19. REFUSE. All trash areas shall be effectively screened from view and covered and maintained in an orderly state to prevent water from entering into the garbage container. No outdoor storage is allowed/permitted unless designated on the approved plan set. Trash areas shall be maintained in a manner to discourage illegal dumping. 20. MECHANICAL LIFT PARKING. Up to 86 required parking spaces may be provided in a puzzle parking system, which allows independent access to each vehicle. The property owner shall have a maintenance agreement with the lift system manufacturer and the system shall be operational at all times. All new renters/employees shall be given instructions on how to operate the lift system. If the lift system is out of operation for any reason, anyone who is not able to retrieve their vehicle within a 10-minute period shall be reimbursed by the property owner or their designee for travel expenses up to $50 per occurrence. 21. UTILITY LOCATIONS: In no case shall utilities be placed in a location that requires equipment and/or bollards to encroach into a required parking space. In no case shall a pipeline be placed within 10 feet of a proposed tree and/or tree designated to remain. 22. SUBDIVISION MAP. The Lot Merger and Final Map for Condominium Purposes shall be recorded prior to building permit issuance. 23. REQUIRED COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs). PAMC Section 16.38 provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval prior to issuance of any Certificate of Occupancy. The City Attorney has developed 13 standard covenants that shall be included in all CC&R’s submitted to the City for approval. 24. ESTIMATED IMPACT FEE: Development Impact Fees, currently estimated in the amount of $4,956,743.76 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. Fees are subject to change per annual Municipal Fee Schedule. 25. REQUIRED PUBLIC ART. In conformance with PAMC 16.61, and to the satisfaction of the Public Art Commission, the property owner and/or applicant shall pay the in-lieu fee equivalent to 1% of the estimated construction valuation (currently estimated at $350,000), prior to obtaining a Building permit. All required artwork shall be installed as approved by the Public Art Commission and verified by Public Art staff prior to release of the final Use and Occupancy permit. 26. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST Page 9 of 18 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. 27. 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. 28. 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, Emily Kallas at emily.kallas@cityofpaloalto.org to schedule this inspection. BUILDING 29. A building permit is required for the scope of work shown. 30. At building permit submit the following: a. Structural calculations b. Green building compliance c. T24 Energy calculations d. Complete MEP plans e. Accessible building elements (i.e, elevator, bathrooms, etc.) and onsite (i.e., accessible route from public sidewalk, bus stop, entrances, etc.) 31. Submit complete life/fire safety code analysis not limit to type of construction, # of stories, occupancy separation, occupied roof, protection of opening in walls and floors, shaft, elevation lobbies, and exiting. 32. Plumbing calculation shall comply with 2022 CPC. OL shall be based on table T1004.5, CBC. Amend calculation shown on sheet A0.05 prior to submittal. 33. Refer to this link for additional submittal requirements: https://www.cityofpaloalto.org/files/assets/public/v/3/development-services/building- division/checklists/simplified/c1-new-comm-shell-checklist-07062023.pdf PUBLIC WORKS ZERO WASTE Page 10 of 18 34. Project will be required to submit a salvage survey prior to receiving the building permit. Please anticipate meeting PAMC 5.24 Deconstruction and Construction Materials Management requirements. 35. Ensure the refuse staging area can house three - 4 cubic yard bins plus three - 96 gallon carts. Please show bins and carts to scale in the staging area. 36. Refuse truck pull-out spot shall contain signage notifying tenants and other users that parking is not allowed during trash pickup days. 37. The following comments below are part of the Palo Alto Municipality Code. If your scope of work includes internal and external bins then cut-sheets for the color-coded internal and external containers, related color-coded millwork, and it’s colored signage must be included in the building plans prior to receiving approval from Zero Waste. Please see below for more details. As per Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse containers, related color-coded millwork, and colored signage. The three refuse containers shall include recycle (blue container), compost (green container), and garbage (black container). Applicant shall present on the plan the locations and quantity of both (any) internal and external refuse containers, it’s millwork, along with the signage. This requirement applies to any external or internal refuse containers located in common areas such as entrances, conference rooms, open space, lobby, garage, mail room, gym, and etc. except for restrooms, copy area, and mother’s room. Millwork to store the color-coded refuse containers must have a minimum of four inches in height worth of color-coding, wrapping around the full width of the millwork. Signage must be color coded with photos or illustrations of commonly discarded items. Restrooms must have a green compost container for paper towels and an optional black landfill container if applicable. Copy area must have either a recycle bin only or all three refuse receptacles (green compost, blue recycle, and black landfill container). Mother’s room must minimally have a green compost container and black landfill container. Please refer to PAMC 5.20.108 and the Internal Container Guide. Examples of appropriate signage can be found in the Managing Zero Waste at Your Business Guide. Electronic copies of these signage can be found on the Zero Waste Palo Alto’s website, https://www.cityofpaloalto.org/Departments/Public-Works/Zero-Waste/What-Goes- Where/Toolkit#section-2 and hard copies can be requested from the waste hauler, Greenwaste of Palo Alto, (650) 493-4894. PUBLIC WORKS ENGINEERING 38. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that most 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 39. LOT LINE REMOVAL/MERGER, CERTIFICATE OF COMPLIANCE: A certificate of compliance shall be reviewed, approved, and recorded with the County Recorder’s Office prior to issuance of any grading or building permit(s). The application shall be submitted to Public Works Engineering. 40. LOT LINE REMOVAL/MERGER, THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by Page 11 of 18 the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third- party surveyor and the applicant will be responsible for payment of the fee’s indicated therein, which is based on the complexity of the map. 41. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 42. GRADING AND EXCAVATION 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. Add the following note: “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.” 43. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc. 44. SHORING & TIEBACKS: Provide a shoring plan showing the existing utilities (if needed), to clearly indicate how the new structures will be constructed while protecting the existing utilities (if any). If tiebacks are proposed they shall not extend onto adjacent private property, existing easements or into the City’s right- of-way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works. 45. 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”. 46. CONSTRUCTION DEWATERING: This project requires a dewatering permit during construction due to the groundwater level relative to the depth of excavation. 47. GROUNDWATER CONTAMINATED PLUME: The project shoring system shall utilize a secant cut-off wall (or similar) to ensure compliance with City “groundwater exclusionary techniques” for dewatering, as defined by PAMC 16.28.030(u). 48. 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. 49. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, 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 Page 12 of 18 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. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. 50. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. 51. Submit the following: 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. 52. 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 final. 53. 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. 54. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities and utility lateral installations, at minimum the extent will be the project frontage. 55. EXISTING EASEMENTS: Provide documentation showing approval from the entities affected by the onsite easements to verify that the work within said easements is permitted. 56. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (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 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. 57. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (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. Page 13 of 18 TRANSPORTATION 58. All short-term bike parking must be Inverted-U or similar type of 24" wide and 36" high bike racks. Provide minimum 36-inch spacing between two bike racks. URBAN FORESTRY 59. UF has reviewed the Arborist report which corresponds to the tree inventory provided on sheet T4. The proposed removal of two Ailanthus altissima (this species is exempt from protection) and two protected Quercus ilex trees (tree #5 and #6) which are growing into the fence will be approved for removal at the building permit phase. 60. The replacement value of tree #5 and #6 is 6 new 24" box trees or 4 new 36" box trees of drought tolerant species and at least half the new species to be native. 61. Tree #8, #9, #11 and #12 also appear to be proposed for removal through they are not labeled as such on the tree inventory. In the building permit clarify if trees 8,911 and 12 are being removed ad if so include the replacement numbers in a tree disposition table along with tree #5 and #6 and provide a planting plan with the number of new replacement plantings. If all new replacements will not fit on site, an in- lieu fee of $650 perm unplanted tree may be proposed. WATERSHED PROTECTION The following conditions are required for approval and shall be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. as further described below. 62. Stormwater treatment measures a. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. b. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (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. 63. Bay-friendly Guidelines (rescapeca.org) - Add these bullets as a note to the building plans. a. Do not use chemicals fertilizers, pesticides, herbicides or commercial soil amendment. Use Organic Materials Review Institute (OMRI) materials and compost. Refer to the Bay-Friendly Landscape Guidelines: http://www.stopwaste.org/resource/brochures/bay-friendly-landscape- guidelines-sustainable-practices-landscape-professional for guidance. Page 14 of 18 b. Avoid compacting soil in areas that will be unpaved. 64. Stormwater quality protection a. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. b. Drain downspouts to landscaping (outward from building as needed). c. Drain HVAC fluids from roofs and other areas to landscaping. d. Offsite downgrade storm drain inlets shall also be identified on this plan set and protected. If City staff removes protection from an inlet in the ROW during a rain event, the contractor shall replace the inlet protection by the end of the following business day. 65. All proposed Stormwater treatment measures should have a detail on this detail sheet. Provide a standard detail for the pervious pavers ELECTRICAL UTILITIES 66. Joint trench plans to be finalized during building permit application WATER-GAS-WASTEWATER UTILITIES PRIOR TO ISSUANCE OF DEMOLITION PERMIT 67. The applicant shall submit a request to disconnect utility services and remove meters. The utility demo is to be processed within 10 working days after receipt of the request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. FOR BUILDING AND OTHER CITY’S PERMITS (WGW Utility Engineering) 68. The applicant shall obtain the latest fire hydrant flow tests and review them with the City of Palo Alto Fire Department for all fire department requirements before the Building Department review process. 69. The applicant shall submit a Utility Plan showing how the new development will be served by CPA public utilities. Please amend the Utility Plan to include the size and location of the proposed water and sewer underground utilities including the domestic water service, fire service, domestic and irrigation meters, backflow preventers (labeled the type of backflow devices, RPPA, and RPDA), sewer lateral, and City's sewer cleanout. 70. Domestic water meter layout: The applicant needs to provide an estimated domestic water load in G.P.M. to design the water service and meter size. A 3" or 4” water meter will require a 4'x8' water meter set with a 2" by-pass per DWG. NO. WD-04. The vault shall be located on private property inside a public utility easement. The applicant's engineer shall obtain, prepare, and record with the county of Santa Clara, and provide the utility engineering section with copies of the public utilities easement on the front of the property adjacent to the City right of way at the water point of service. Page 15 of 18 71. Per City of Palo Alto Utilities Rules & Regulation 15 Metering, the City will provide a master meter at an approved location near the public water main and right of way to serve the whole development or building. The multiunit residential structure must comply with California Water Metering for Multi-unit Structures Water Code as amended by law Senate Bill 7 (Water Code, Division 1, Chapter 8, Article 5, Section 537-537.5) that requires individual water meters or submeters for each unit for structures constructed after January 1, 2018. 72. A capacity study water and wastewater report prepared by the developer’s licensed Engineer shall be submitted to the City of Palo Alto Utilities Engineering Department. The applicant's engineer shall submit flow calculations and system capacity study showing that the on-site and off-site water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anticipated peak flow demands. Field testing may be required to determine current flows and water pressures on the existing water main. Calculations must be signed and stamped by a registered civil engineer. 73. The applicant is required to perform, at his/her expense, a flow monitoring study of the existing sewer main to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the WGW engineering section's requirements and approval. No downstream overloading of the existing sewer main will be permitted. 74. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet for the City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., fire in g.p.m., and sewer in fixture units/g.p.d.). The applicant shall provide the new loads and the combined/total loads. 75. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities, especially storm drain pipes, and electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas. 76. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc.). Page 16 of 18 77. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services/laterals. 78. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA for domestic service shall be lead-free. Show the location of the RPPA on the plans. 79. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD-12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City’s fire service, within 5’ (feet) of the property line or City Right of Way. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD-12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City-owned meter, within 5’ (feet) of the property line or City Right of Way. 80. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 81. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 82. A new water service line installation for fire system usage is required. Show the location of the new water service on the plans. The applicant shall provide the engineering department with a copy of the plans for the fire system including all fire department's requirements. 83. Each parcel shall have its own water service and sewer lateral connection shown on the plans. 84. A new sewer lateral is required, and a profile of the sewer lateral is required showing any possible conflicts with electric/communications duct banks or other utilities. The proposed two (2) 6” sewer laterals are to be reviewed during the building permit process. 85. All existing water, and gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utility standards. Page 17 of 18 86. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the planned location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10’ of existing trees. Maintain 10’ between new trees and new water and wastewater services/laterals/meters. 87. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for the fire system including all fire department's requirements prior to the actual service installation. 88. All utility installations shall be in accordance with the City of Palo Alto utility standards for water & wastewater. 89. Note to Engineer: The proposed irrigation service and meter are to be tapped off from the proposed 4" HDPE domestic water service per CPAU's latest standards. SECTION 7. Term of Approval. The approval shall be valid for two years from the original date of approval. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Mayor APPROVED: APPROVED AS TO FORM: ___________________________ ___________________________ Director of Planning and Deputy City Attorney Development Services Page 18 of 18 PLANS AND DRAWINGS REFERENCED: 1.Those plans prepared by the applicant titled San Antonio Road Housing, 800/808 San Antonio Road, Palo alto, CA 94303, consisting of 69 pages, uploaded to Accela Citizen Access on April 25, 2024, except as modified to incorporate the conditions of approval in Section 6. 2.The Mitigation Monitoring and Reporting Program MITIGATION MONITORING + REPORTING PROGRAM City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 1 PROJECT NAME 800 San Antonio PHZ Project APPLICATION NUMBER 23PLN-00010 APPROVED BY Emily Foley, City of Palo Alto APPLICANT/OWNER TS 800 SA LLC Yorke Lee 12230 Saratoga Sunnyvale Rd Saratoga, CA 95050 yorkelee@timespacegroup.com The Addendum to the Housing Incentive Program Expansion and 788 San Antonio Road Mixed-Use Project Environmental Impact Report (SCH # 2019090070) identifies the mitigation measures that must be implemented to reduce the impacts associated with the project. The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources Code: ... the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of adopting an IS-MND. 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. MITIGATION MONITORING + REPORTING PROGRAM City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 2 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation AIR QUALITY AQ-1 Construction Mitigation. For individual projects in the HIP expansion area that exceed the BAAQMD air pollutant and precursor screening levels, the project proponent for that particular development shall conduct a quantifiable analysis to measure construction-related impacts to air quality for all construction phases as described in the BAAQMD CEQA Guidelines (2017). If project construction would exceed BAAQMD thresholds for criteria pollutants, the City shall require the construction contractor(s) to implement additional BAAQMD-approved measures beyond Basic Control requirements and demonstrate that such measures would reduce emissions to below thresholds. Additional measures for development projects that exceed significance criteria may include, but are not limited to: 1.All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe. 2.All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. 3.Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. 4.Vegetative ground cover (e.g., fast-germinatingnative grass seed) shall be planted in disturbed Project Applicant/verified in the field by the Development Services Department Building Division Prior to issuance of grading permit and periodically during construction City of Palo Alto Development Services Department Building Division City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 3 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation areas as soon as possible and watered appropriately until vegetation is established. 5.The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. 6.All trucks and equipment, including their tires, shall be washed off prior to leaving the site. 7.Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel. 8.Minimizing the idling time of diesel-powered construction equipment to two minutes. 9.The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet- average 20 percent NOX reduction and 45 percent PM reduction compared to the most recent ARB fleet average. Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such become available. 10.Use low VOC (i.e., ROG) coatings beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). 11.Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOX and PM. City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 4 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation 12. Limiting import/export of soils or limiting the number of hauling trips per day to reduce emissions of NOX associated with hauling truck trips. 13. Phasing construction activities to reduce daily equipment use. BIOLOGICAL RESOURCES BIO-1 Nesting Bird Surveys and Avoidance – HIP expansion area. Construction, grading, site preparation and other ground-disturbing activities required for development allowed by the proposed HIP expansion that would involve vegetation or tree removal 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 to determine the presence/absence, location, and activity status of any active nests on or adjacent to the development site. 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 Project Applicant/ verified in the by the Development Services Department Building Division Prior to initiation of construction activities City of Palo Alto Development Services Department Building Division City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 5 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and February 1. BIO-2 Special-Status Plant Species Botanical Surveys. A qualified biologist shall conduct a protocol level botanical survey, including a site visit during the blooming period of the target species in March through July. If the CRPR 1 rank plant is found, the plants shall be avoided by installing protective fencing and warning construction personnel of their presence through the WEAP training. If special-status plants species cannot be avoided, impacts shall be mitigated at a minimum ratio of 1:1 (number of acres or individuals restored to number of acres or individuals impacted). A restoration plan shall be prepared and submitted to the City for review and approval and to CDFW for review. The restoration plan shall include, at a minimum, the type and area of habitat to be established, restored, enhanced, and/or preserved; goals and objectives of the mitigation project; a monitoring plan including performance standards and success criteria; and maintenance activities to occur during monitoring. The applicant shall implement the measures prior to commencement of ground disturbance, tree removal or construction. Project Applicant/ verified by the Development Services Department Building Division Prior to initiation of construction activities; during restoration if required City of Palo Alto Development Services Department CULTURAL RESOURCES CUL-1 Historic Resource Evaluation. For future projects in the HIP expansion area that would involve demolition or modification of structures over 45 years in age, a Historic Resources Evaluation (HRE) shall be prepared by a qualified professional to determine the structure’s eligibility for listing on the local or state historic registers. The report shall be submitted to the Planning Director and will be utilized by staff in their evaluation of the project and CEQA review. If the structure is determined to be eligible for listing on the local or state register, Mitigation Measure CUL-2 shall be implemented. Project Applicant/ verified by the Development Services Department Prior to Entitlement Approval City of Palo Alto Development Services Department City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 6 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation CR-1 Worker’s Environmental Awareness Program (WEAP). For all development subject to the proposed HIP expansion, a qualified archaeologist shall be retained who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology to conduct WEAP training for archaeological sensitivity for all construction personnel prior to the commencement of ground disturbing activities. Archaeological sensitivity training should include a description of the types of cultural resources that may be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the materials in the event of a find. Project Applicant/ verified by the Development Services Department Prior to ground disturbance City of Palo Alto Development Services Department CR-2 Unanticipated Discovery of Cultural or Tribal Cultural Resources. For all development subject to the proposed HIP expansion, in the event that archaeological resources are unearthed during project construction, all earth- disturbing work near the find must be temporarily suspended or redirected until an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology (NPS 1983) has evaluated the nature and significance of the find. If the discovery proves to be significant under CEQA, additional work, such as preservation in place or archaeological data recovery, shall occur as required by the archeologist in coordination with City staff and descendants and/or stakeholder groups, as warranted. Once the resource has been properly treated or protected, work in the area may resume. A Native American representative shall be retained to monitor mitigation work associated with Native American cultural material. Project Applicant/ verified by the Development Services Department During ground disturbing activities City of Palo Alto Development Services Department GEOLOGY/SOILS GEO-1 Geotechnical Investigation – HIP expansion area. Prior to approval of grading permits for a building or structure associated with the development allowed by the HIP expansion, a detailed final geotechnical investigation shall be performed to identify significant geotechnical Project Applicant/ verified by the Development Services Prior to issuance of building permit City of Palo Alto Development Services Department City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 7 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation constraints on the proposed development. The report shall develop formal recommendations for project design and construction, including site grading/soil preparation and foundation design. Among other components, the report shall include a quantitative evaluation of liquefaction susceptibility including projected levels of post-liquefaction settlement; an evaluation of soil shrink- swell potential; and an investigation of compressible soils that may be prone to settlement/subsidence. The report shall be provided by the applicant to the City of Palo Alto for review and approval and to ensure that foundations designed for all proposed structures are appropriate and meet code requirements. The geotechnical engineer of record shall also review the final grading, drainage, and foundation plans to confirm incorporation of the report recommendations and field monitoring during project construction shall be performed to verify that the work is performed as recommended. Department Building Division GEO-4 Discovery of Paleontological Resources – HIP expansion area. Construction activities associated with the development allowed under the HIP expansion shall adhere to the following measures. 1. Ground Disturbance. For ground-disturbing activities for projects associated with the HIP expansion, in the event that an unanticipated fossil discovery is made, then in accordance with SVP (2010) guidelines, it is the responsibility of any worker who observes fossils within the project site to stop work in the immediate vicinity of the find and notify a qualified professional paleontologist who shall be retained to evaluate the discovery, determine its significance and if additional mitigation or treatment is warranted. Work in the area of the discovery will resume once the find is properly documented and authorization is given to resume construction work. Any significant paleontological resources found during Project Applicant/ verified by the Development Services Department During construction activities City of Palo Alto Development Services Department City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 8 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation construction monitoring will be prepared, identified, analyzed, and permanently curated in an approved regional museum repository. 2. Excavation Below 18 Feet. Prior to the commencement of grading and excavation below a depth of 18 feet for any project associated with the HIP expansion, applicants shall retain a qualified paleontologist approved by the County to monitor grading and excavation. Monitoring onsite shall occur whenever grading activities are occurring. Additional monitors in addition to one full-time monitor may be required to provide adequate coverage if earth-moving activities are occurring simultaneously. Any paleontological resources discovered by construction personnel or subcontractors shall be reported immediately to the paleontologist. In the event undetected buried resources are encountered during grading and excavation, work shall be halted or diverted from the area and the paleontologist shall evaluate the resource and propose appropriate mitigation measures. Measures may include testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution. All testing, data recovery, reburial, archival review or transfer to research institutions related to monitoring discoveries shall be determined by the qualified paleontologist and shall be reported to the City. HAZARDS HAZ-1 Site Risk Management Plan – HIP expansion area. Prior to issuance of permits allowing groundwater dewatering or earth-disturbing activity, the developer shall prepare a site risk management plan (SRMP). The SRMP will address known and unknown environmental issues that may be encountered during development. The plan shall identify appropriate measures to be followed when Project Applicant/ verified by the Development Services Department Building Division Prior to issuance of grading permit City of Palo Alto Development Services Department City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 9 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation impacted soil and groundwater are encountered during demolition, excavation, dewatering, and construction. This includes health and safety measures to reduce exposure to potentially impacted soil and groundwater for construction workers and dust control measures to reduce exposure to contaminated dust particles for nearby residents. Health and safety measures shall include the required personal protective equipment (PPE) to be used by site personnel, including action levels and decision criteria for upgrading the levels of PPE. The SRMP shall also identify personnel to be notified, emergency contacts, and a sampling protocol if impacted media is encountered. The excavation and demolition contractors shall be made aware of the possibility of encountering known and unknown hazardous materials including impacted soil and groundwater; and shall be provided with appropriate contact and notification information. The plan shall include a provision stating at what point it is safe to continue with the excavation or demolition, and identify the person authorized to make that determination. In addition, the SRMP shall include measures for the appropriate handling and profiling of impacted soil and groundwater to be removed from the project site and disposed offsite. Removal, transportation, and disposal of impacted soil and groundwater shall be performed in accordance with applicable federal, state, and local laws, regulations, and ordinances. The SMRP shall be submitted to the City of Palo Alto for review and approval. NOISE N-1 Construction-Related Noise Reduction Measures. The applicant shall apply the following measures during construction of projects in the HIP expansion area:  Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust Project Applicant/ verified by the Development Services Department Building Division Prior to issuance of building permit City of Palo Alto Development Services Department City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 10 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards.  Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities.  Equipment Staging. All stationary equipment (e.g., air compressors, portable generators) shall be staged as far away from sensitive receptors as feasible. Where feasible, construct temporary noise barriers around stationary equipment in a manner that fully blocks the line of sight to residential windows in the adjacent apartment complex.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Sound Barrier. During the demolition, site preparation, grading, building, and paving phases City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 11 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation of construction, temporary sound barriers shall be installed and maintained facing sensitive receptors (e.g., residential units, educational facilities) located within 100 feet of the center of construction activity. Temporary sound barriers shall, at a minimum, block the line of sight between noise-generating construction equipment and adjacent windows at sensitive receptors and shall be placed as close to the source equipment as feasible. Such barriers shall be field tested to reduce noise by at least 10 dBA at sensitive receptors. A sound barrier can achieve a 5 dBA noise level reduction when it is tall enough to break the line-of-sight from the source equipment to the sensitive receptor, and it can achieve an approximate 1 dBA additional noise level reduction for each 2 feet of height after it breaks the line of sight (FHWA 2011). Mobile sound barriers may be used as appropriate to attenuate construction noise near the source equipment.  Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. TRIBAL CULTURAL RESOURCES TRC-1 Unanticipated Discovery of Tribal Cultural Resources – HIP expansion area. In the event that cultural resources of Native American origin are identified during construction of any development associated with Project Applicant/ verified by the Development Services During construction activities City of Palo Alto Development Services Department City of Palo Alto  Mitigation Monitoring + Reporting Program P a g e | 12 Environmental Impact Mitigation Measure Responsible for Implementation Timing of Compliance Oversight of Implementation proposed HIP expansion, all earth-disturbing work in 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 County, in consultation with local Native Americans, 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, if applicable, and the appropriate Native American tribal representative. Department Building Division ATTACHMENT D ZONING COMPARISON TABLE 800 San Antonio Road, 22PLN-00129 Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) Residential Development Standards Regulation Required Existing Proposed Minimum Site Area, width and depth None APN 147-03-038 (800 san Antonio Road): 18,719 sf APN 147-03-043 (808- 814 San Antonio Road): 19,475 sf Resulting parcel: 38,194 sf 0.88 acres Minimum Front Yard 24 feet special setback 24 feet special setback Special Setback (Front)24 feet – see Chapter 20.08 & zoning maps ~18-20 feet 24 feet Rear Yard 10 feet for residential portion of proposed project; none for commercial ~56 feet to ~85 feet (varies for the three existing buildings across the site) 10 feet Some corners of balconies protrude 2”- 1’11”. Protrusion is allowed per CS zoning in the rear setback. PC Special Requirement for Yards 10’ where opposite from a site in any RE, R- 1, R-2, RM or applicable PC district, and separated therefrom by a street, alley, creek, drainage facility or other open area. For 60% or more residential projects, the minimum yard requirement shall be at least as restrictive as the yard requirements of the most restrictive residential district opposite such site line. Not Applicable/not adjacent to existing residential zone Interior Side Yard None None 5 feet both sides Min. yard for lot lines abutting or opposite residential districts or residential PC districts 10 feet (2)Not Applicable Not Applicable Max. Site Coverage 50% (19,097 sf)30.37% (11,600 sf)60% (22,885 sf) Max. Building Height 50 ft or 35 ft within 150 ft. of a residential district (other than an RM-40 or PC zone) abutting Rooftop Garden allowed to exceed height by 12 ft. Stair and Elevator overrun allowed to minimum height feasible for access Mechanical equipment allowed to exceed height by 15 ft. ~12-14 feet (single story); site is not located within 50 feet of an RM-40 or PC Zone 60 feet 8 inches to top of roof parapet 64 feet 8 inches to Rooftop Garden Trellis and mechanical enclosures PC Special Requirements for height 50 ft when adjacent to RM-30, RM-40, 35 ft when adjacent to RE, R-1, R-2, RMD, RM, or PC Not Applicable Not Applicable/not adjacent to existing residential zone Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC Zone None, as this site is not abutting a residential zone (6) Not Applicable Not Applicable/not adjacent to existing residential zone PC Special Requirements for Daylight Plane Non-residential uses abutting any RE, R-1, R- 2, RM or any residential PC district – 10 ft and a 3:6 slope For >60% residential PC, the daylight planes may be identical to the daylight plane requirements of the most restrictive residential district abutting the site Not Applicable Not Applicable/not adjacent to existing residential zone Residential Density 30 du/ac per CS Zone 40 du/ac per Housing Element 107 du/ac per Housing Incentive Program Not Applicable (currently exclusively commercial) 85 DU/AC (75 units proposed) Max. Floor Area Ratio (FAR)1.0 Total 0.6:1 Residential (22,916 sf) 0.4:1 Commercial 0.3:1 (11,600 sf) Commercial FAR 3.0:1 (114,893 sf Total) 2.98:1 (113,815 sf Residential) 0.02:1 (1,078 sf Commercial) Maximum Floor Area for HIP In no event shall the Director approve a commercial FAR that exceeds the standard in Table 4 of Section 18.16.060(b) or a total FAR (including both residential and commercial FAR) in excess of 2.0 Not Applicable 3.0:1 (114,893 sf Total) 2.98:1 (113,815 sf Residential) 0.02:1 (1,078 sf Commercial) Minimum Useable Open Space 150 sf per unit Not Applicable Common Open Space Provided: 1,830 sf roof deck, 1,529 sf courtyard = 3,359 sf or 44.8 sf per unit Private Open Space: Typical 65 sf – 155 sf Average total per unit meets 150 sf min sf Minimum Mixed-use Ground Floor Commercial FAR 0.15:1(10) 5,729.1 sf or 1,500 sf (c) 1,078 sf (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. (10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no minimum mixed use ground floor commercial FAR for a residential project, except to the extent that the retail preservation requirements of Section 18.40.180 or the retail shopping (R) combining district (Chapter 18.30(A)) applies. (c) A high-density residential or mixed-use project in the CS zone district, but not within the Ground Floor (GF) or Retail (R) combining districts, shall be required to replace only 1,500 square feet of an existing Retail or Retail-Like use. For the purposes of this partial exemption, high-density shall mean 30 or more dwelling units per acre. Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Existing Commercial and Proposed Residential* Type Required Existing Proposed Vehicle Parking 1/1-bedroom unit 2/2-bedroom or larger unit 144 spaces total N/A 148 spaces (76 EVSE ready) Bicycle Parking 1 LT space per unit 76 spaces N/A 76 LT 8 ST Loading Space 1, for residential structures with >50 units N/A One You don't often get email from jfpetrilla@gmail.com. Learn why this is important From:Dao, Veronica To:Kallas, Emily Subject:FW: April 10, 2024, Agenda Item 3, Report #: 2402-2666 Date:Wednesday, April 17, 2024 5:18:46 PM Attachments:image001.png image002.png RE: 800 San Antonio He also sent an email to PTC late afternoon before the 4/10 meeting. Veronica Veronica Dao Administrative Associate III Planning and Development Department (650) 329-2440 | veronica.dao@cityofpaloalto.org www.cityofpaloalto.org From: jfpetrilla@gmail.com <jfpetrilla@gmail.com> Sent: Wednesday, April 10, 2024 4:55 PM To: Planning Commission <Planning.Commission@cityofpaloalto.org> Subject: April 10, 2024, Agenda Item 3, Report #: 2402-2666 CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Planning and Transportation Commission members While the EXECUTIVE SUMMARY, reviews compliance of the project plans with various criteria, there appears to be no comparison with the City of Palo Alto Urban Forest Master Plan. For example, “City of Palo Alto Urban Forest Master Plan, Policy 6.D. Strive for canopy equity—prioritizing areas in which the UC Davis report indicated a decrease between 1982 and 2010” supported by “Program 6.D.i. Investigate reasons for less canopy in south Palo Alto.” and “Program 6.D.ii. Develop strategies to end the trend of decreasing canopy in South Palo Alto” are not mentioned. Since South Palo Alto is sufficiently below the average canopy coverage of Palo Alto for Canopy to have a tree planting program to improve the canopy coverage, a “no net loss of canopy” requirement seems insufficient. The canopy coverage target for the project should at least match the goal for South Palo Alto – If not, how will the goal for South Palo Alto be met? Explicit goals and timelines should be set. Respectfully, John Petrilla 777 San Antonio Rd Palo Alto, CA From:Kallas, Emily To:Dana Wyse Subject:RE: 800 San Antonio Rd Project Date:Monday, March 18, 2024 10:25:00 AM Attachments:image001.png image002.png Hi Dana, Thank you for letting me know, we will keep this in mind and I will include it in public comments for this project. Thanks, Emily Emily Kallas, AICP Planner Planning and Development Services Department (650) 617-3125 | emily.kallas@cityofpaloalto.org www.cityofpaloalto.org Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning Applications Mapped From: Dana Wyse <dmwyse@gmail.com> Sent: Monday, March 4, 2024 9:01 AM To: Kallas, Emily <Emily.Kallas@cityofpaloalto.org> Subject: Re: 800 San Antonio Rd Project Yes. They used the parking lane the entire project. Many times they also used the right lane. Dana WyseC 650-793-4212 On Mon, Mar 4, 2024 at 8:58 AM Kallas, Emily <Emily.Kallas@cityofpaloalto.org> wrote: Hi Dana, Thank you for your comment. Lane closures and other related construction logistics are generally addressed during the building permit process, after the planning entitlement has been approved. We do not know what this project would require yet in that regard, but we will take your comment into consideration. Do you recall if there were lane closures associated with the recently You don't often get email from dmwyse@gmail.com. Learn why this is important built hotels? If so, I can discuss it with Public Works Engineering and get more information. Thanks, Emily Emily Kallas, AICP Planner Planning and Development Services Department (650) 617-3125 | emily.kallas@cityofpaloalto.org www.cityofpaloalto.org Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning Applications Mapped From: Dana Wyse <dmwyse@gmail.com> Sent: Friday, March 1, 2024 10:20 AM To: Kallas, Emily <Emily.Kallas@cityofpaloalto.org> Subject: 800 San Antonio Rd Project CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello Emily, I own property on Fabian Wy, so I receive the notice of Architectural Review. I have owned the property at 4055-57 for 30 years. Everytime a large project has gone up on San Antonio Rd, the contractor somehow gets the city, usually Mountain View to allow them to use one of the lanes which causes massive congestion for the life of the project. I am not against building more housing but feel any project undertaken should provide an area on the project site for any construction related work. Slightly closer to Charleston the parking lane ends which means if a lane is allowed to be used all cars would be fed into a single lane. At the signal at Charleston and San Antoinio there are 2 left turn lanes and 2 normal lanes. If you step back to 800 San Antonio we are talking about one lane feeding 4 lanes if a closure is allowed. I feel if the project is allowed to go forward all closures should be limited to Leghorn which is the street bordering 788 San Antonio. Please let me know what the city’s plan is regarding the impact on traffic. Sincerely, Dana Wyse ************ Dana Wyse C 650-793-4212 From:jfpetrilla@gmail.com To:Architectural Review Board Cc:Kallas, Emily Subject:PUBLIC HEARING / QUASI-JUDICIAL. 800 San Antonio Road [23PLN-00010] Date:Tuesday, March 5, 2024 11:56:17 PM Some people who received this message don't often get email from jfpetrilla@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Architectural Review Board Regarding the ARB Staff Report #: 2312-2392, on Page 36 it’s stated, “Staff also notes that the plans do not currently provide sufficient information to show compliance with the City’s Tree Protection Ordinance and no net loss of canopy requirements.” Since South Palo Alto is sufficiently below the average canopy coverage of Palo Alto for Canopy to have a tree planting program to improve the canopy coverage, “no net loss of canopy requirements” seems insufficient. The canopy coverage target for the project should at least match the goal for South Palo Alto – If not, how will the goal for South Palo Alto be met. Explicit goals and timelines should be set. Sadly, it seems that other than the front setback areas (which may soon become bike lanes) there’s little natural ground surfaces. Ok, perhaps for downtown areas but disappointing for residential neighborhoods. Regards, John Petrilla 777 San Antonio Rd Palo Alto, CA 94303 1 Kallas, Emily From:Joan Larrabee <joan.larrabee.17@gmail.com> Sent:Monday, August 21, 2023 1:53 PM To:Kallas, Emily Subject:Re: 800 San Antonio Road Thank you, Emily.  When will this project go to City Council?  Joan Larrabee        > On Aug 21, 2023, at 11:50 AM, Kallas, Emily <Emily.Kallas@cityofpaloalto.org> wrote:  >   > Hi Joan,  >   > Thank you for your questions. My responses are as follows:  > 1. This is proposed to be a condominium ownership project.  > 2. Typically the schools are not a part of the Planning Entitlement phase of a project. School fees are paid at the time  of Building Permits. However, we understand your concerns regarding Safe Routes to Schools and are considering it in  the project review.  > 3. Bike parking is a zoning code requirement for all housing units, regardless of location.   >   > Thanks,  > Emily  >   > Emily Kallas, AICP  > Planner  > Planning and Development Services Department  > (650) 617‐3125 | emily.kallas@cityofpaloalto.org   > www.cityofpaloalto.org  >    >   > ‐‐‐‐‐Original Message‐‐‐‐‐  > From: Joan Larrabee <joan.larrabee.17@gmail.com>  > Sent: Wednesday, August 16, 2023 9:17 PM  > To: Kallas, Emily <Emily.Kallas@cityofpaloalto.org>  > Subject: Re: 800 San Antonio Road  >   > Thank you, Emily,  > Questions the public asked during previous hearings still not answered:  > Since these are to be rentals, will there be an on‐site manager?  > Which school district will students attend? Mountain View or Palo Alto? It seems the boundary goes through the  property.  > Why all the bike parking spaces when there are no bike lanes?  > Joan Larrabee  >   >> On Aug 16, 2023, at 4:39 PM, Kallas, Emily <Emily.Kallas@cityofpaloalto.org> wrote:  >>   2 >> Hi Joan,  >>   >> The Staff Report is available here:   >> https://www.cityofpaloalto.org/Departments/Planning‐Development‐Servi  >> c es/Architectural‐Review‐Board‐ARB/Current‐ARB‐Agendas‐Minutes  >> The Plans are downloadable from this webpage:   >> https://www.cityofpaloalto.org/Departments/Planning‐Development‐Servi  >> c es/Current‐Planning/Projects/800‐San‐Antonio‐Road  >>   >> Please let me know if you have any questions or comments about the project.  >>   >> Thanks,  >> Emily  >>   >>   >> Emily Kallas, AICP  >> Planner  >> Planning and Development Services Department  >> (650) 617‐3125 | emily.kallas@cityofpaloalto.org   >> www.cityofpaloalto.org  >>   >>   >>   >> Parcel Report | Palo Alto Zoning Code | Online Permitting System |   >> Planning Forms & Applications | Planning Applications Mapped  >>   >> ‐‐‐‐‐Original Message‐‐‐‐‐  >> From: Joan Larrabee <joan.larrabee.17@gmail.com>  >> Sent: Wednesday, August 16, 2023 4:27 PM  >> To: Kallas, Emily <Emily.Kallas@cityofpaloalto.org>  >> Subject: 800 San Antonio Road  >>   >> [You don't often get email from joan.larrabee.17@gmail.com. Learn why   >> this is important at https://aka.ms/LearnAboutSenderIdentification ]  >>   >> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on  links.  >> ________________________________  >>   >> Good Afternoon, Emily,  >> Please forward to me the staff report and plans for the proposal for 800 San Antonio Road, I am i able to open any  materials at the address provided on the postcard mailed to me.  >> I would like to attend the meeting tomorrow morning.  >> Joan Larrabee  >> 777‐16 San Antonio Road  >> Palo Alto  1 Kallas, Emily From:MGA Properties <mgapropertiesinc@gmail.com> Sent:Monday, August 28, 2023 10:19 AM To:Kallas, Emily Subject:Re: 788 San Antonio Road project 10:00 am is good.    Okay, I guess I read the wrong address.    We’re across the street anyway but wanted to see how it is going to affect us.    Thanks,  Janelle     On Mon, Aug 28, 2023 at 12:16 PM Kallas, Emily <Emily.Kallas@cityofpaloalto.org> wrote:  Hi Janelle,     I can do 10 am, or any time after 1:30 pm.      Additionally, I noticed your email subject line says 788 San Antonio. The meeting on the 17th was for 800‐814 San  Antonio next door.     Thanks,  Emily       Emily Kallas, AICP  Planner  Planning and Development Services Department  (650) 617‐3125 | emily.kallas@cityofpaloalto.org   www.cityofpaloalto.org     2       Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning  Applications Mapped     From: MGA Properties <mgapropertiesinc@gmail.com>   Sent: Monday, August 28, 2023 10:09 AM  To: Kallas, Emily <Emily.Kallas@cityofpaloalto.org>  Subject: Re: 788 San Antonio Road project     Thank you Emily for getting back to me.   A phone call would be fine.  What time tomorrow would work for you?  Thanks,  Janelle     On Mon, Aug 28, 2023 at 11:54 AM Kallas, Emily <Emily.Kallas@cityofpaloalto.org> wrote:  Hi Janelle,     I am happy to answer any of your questions, either via email or with a call/virtual meeting. Which would you prefer?  For a longer call, I have a full schedule today but am open most of the day tomorrow, or Wednesday afternoon.    Thanks,  Emily         You don't often get email from mgapropertiesinc@gmail.com. Learn why this is important   3   Emily Kallas, AICP  Planner  Planning and Development Services Department  (650) 617‐3125 | emily.kallas@cityofpaloalto.org   www.cityofpaloalto.org           Parcel Report | Palo Alto Zoning Code | Online Permitting System | Planning Forms & Applications | Planning  Applications Mapped     From: MGA Properties <mgapropertiesinc@gmail.com>   Sent: Monday, August 28, 2023 9:50 AM  To: Kallas, Emily <Emily.Kallas@cityofpaloalto.org>  Subject: 788 San Antonio Road project     CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.  Hello Emily,   We received your notice in the mail.  Unfortunately, we missed the meeting.     I am the owner of a building across the street.  I wanted to discuss the project and it’s affect on the neighborhood with you.     Please contact me at your earliest convenience.   You don't often get email from mgapropertiesinc@gmail.com. Learn why this is important   4    Thanks,  Janelle   (650)464‐5209     ‐‐      Manager  MGA Properties, Inc  125 E Sunnyoaks Avenue Suite 201  Campbell, CA 95008  Ph:(408)871‐5914  Fax:(408)871‐5911  ‐‐     Manager  MGA Properties, Inc  125 E Sunnyoaks Avenue Suite 201  Campbell, CA 95008  Ph:(408)871‐5914  Fax:(408)871‐5911  If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at 650-617-3117 or email planner@cityofpaloalto.org 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. Directions to review Project plans and environmental documents online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “800 San Antonio” 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/Departments/Planning-Development-Services/Current- Planning/Projects/800-San-Antonio-Road Materials Boards: Color and material boards will be available to view in chambers during the ARB hearing.