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Staff Report 2511-5422
CITY OF PALO ALTO CITY COUNCIL Monday, December 08, 2025 Council Chambers & Hybrid 5:30 PM Agenda Item 5.QUASI-JUDICIAL. 2451 Cowper Street [25PLN-00102]: Appeal of Director's Decision to Approve an Individual Review Application to Allow Deconstruction of an Existing Single- Family Residence and Detached Garage and to Construct a 2,380-Square-Foot Two-Story Residence. Zoning District: R-1 (Single-family Residential). CEQA Status: Exempt in Accordance with CEQA Guidelines 15303. Public Comment City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: December 8, 2025 Report #:2511-5422 TITLE QUASI-JUDICIAL. 2451 Cowper Street [25PLN-00102]: Appeal of Director's Decision to Approve an Individual Review Application to Allow Deconstruction of an Existing Single-Family Residence and Detached Garage and to Construct a 2,380-Square-Foot Two-Story Residence. Zoning District: R-1 (Single-family Residential). CEQA Status: Exempt in Accordance with CEQA Guidelines 15303. RECOMMENDATION Staff recommends that the City Council decline to hear the appeal and uphold the Planning and Development Services Director’s approval of the Individual Review (IR) application for a new two-story home at 2451 Cowper Street. EXECUTIVE SUMMARY This request is an appeal of the Director’s approval of a Single-Family Individual Review (IR) application for a new two-story home. On July 3, 2025, staff, on behalf of the Director, tentatively approved the IR application for the new residence. An adjacent property owner at 2450 Tasso Street requested a Director’s Hearing, citing concerns about construction noise, timing, and related impacts. The Director of Planning and Development Services determined that these concerns are outside the scope of the IR application, which focuses on site planning, neighborhood compatibility, architectural form, streetscape character, and privacy. Accordingly, no substantive changes were made to the initial approval letter. The appellant subsequently filed a timely appeal to Council to review the Director’s decision. Three or more Council member votes would be required to remove this item from the consent calendar and schedule it for a future hearing. BACKGROUND The property owner, Zenshu Zhao, submitted the subject IR application on April 15, 2025. Following modifications to address department comments on the initial plans, the project was tentatively and conditionally approved on July 3, 2025. Staff’s decision was appealed to the Director of Planning and Development Services. Following a public hearing on September 10, 2025, the Director upheld the approval on September 17, 2025. The Director’s decision has now been appealed to Council. Works requirements and Bay Area Air Quality Management District requirements. Following a tentative decision on the project issued July 3, 2025, the appellant requested a timely Director’s hearing on July 15, 2025 (Attachment B) to address concerns related to construction noise. Specifically, the appellant requested that construction of 2451 Cowper Street begin no earlier than March 2026 in order reduce the noise impact on his newborn and requested that the construction hours be limited to between 10am to 3pm with noon breaks to accommodate nap schedules. On September 30, 2025, the appellant appealed the Director’s approval of the IR application, based on concerns for the noise impact on his newborn baby. ANALYSIS Basic Site Planning. The project’s layout is appropriate for the lot, ensuring adequate setbacks, usable open space, and circulation. Neighborhood Compatibility (Height, Mass, Scale). The proposed two-story addition is consistent with surrounding residential development, minimizing visual impacts and maintaining the character of the neighborhood. Architectural Form, Massing, and Roof Lines. The design harmonizes with neighboring structures, employing roof lines and massing that reduce bulk and preserve the streetscape. Visual Character of Street-Facing Facades and Entries. Facade composition, materials, and entries are designed to enhance the public-facing appearance, consistent with the IR guidelines. Placement of Second-Story Windows and Decks for Privacy. Window and deck placement have been carefully considered to prevent intrusion on neighbors’ private spaces. FISCAL/RESOURCE IMPACT not to hold a public hearing to discuss the appeal, these fees would be returned to the appellant. STAKEHOLDER ENGAGEMENT Palo Alto Weekly on November 26, 2025, which is 12 days in advance of the meeting. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 1 193.0' 13 15.0' 117.0' 50.0' 117.0' 50.0' 217.0' 60.0' 217.0' 0.0' 60.0' 139.4' 60.0' 139.4' 60.0' 139.4' 60.0' 139.4' 58.7' 100.3' 58.0' 91.7' 10.3' 48.7' 91.7' 59.0' 89.4' 73.5' 105.3' 47.3' 25.2' 93.0' 60.0' 117.0' .5' 58.5' 94.5' 58.8' 100.2' 98.5' 58.5' 100.2' 58.6' 23.2'158.5' 26.1' 54.4' 23.6' 50.0' 139.4' 139.4' 50.0' 139.4' 60.0' 90.6' 60.0' 90.6' 62.0' 71.6' 62.0' 71.6' 65.0' 71.6' 65.0' 71.6' 67.0' 119.0' 67.0' 119.0' 60.0' 100.0' 60.0' 100.0' 64.0' 100.0' 64.0' 100.0' 58.0' 100.0' 58.0' 100.0' 58.0' 100.0' 58.0' 100.0' 52.0' 100.0' 52.0' 100.0' 74.0' 100.0' 74.0' 100.0'50.0' 21.0' 130.0' 262.0' 97.2' 56.1' 2.0' 100.0' 58.0' 63.7'107.6' 10.3' 76.0' 117.0' 52.6' 117.0' 14.6'4.0' 38.0' 113.0'73.6' 113.0' 62.0' 113.8' 60.0' 90.6' 60.0' 90.6' 60.0' 119.0' 60.0' 119.0' 160.2' 124.0' 115.0' 62.0' 115.0' 62.0' 115.0' 62.0' 115.0' 62.0' 60.0' 107.6' 57.0' 105.3' 143.1' 160.2' 60.0' 114.7' 25.9' 31.1' 107.6' 60.0' 117.1' 14.1' 42.9' 114.7' 1 57.0' 117.1' 115.0' 62.0' 115.0' 62.0' 115.0' 62.0' 95.0' 65.0'95.0' 65.0' 95.0' 65.0'95.0' 65.0' 116.0' 50.0' 116.0' 50.0' 84.0' 83.5'83.5'111.0' 53.1' 87.3' 63.8' 97.2' 63.0' 576 580 242 0 578 244 0 245 1 244 1 242 9 245 0 246 6 246 5 245 1 243 5 242 5 247 9 249 9 521 249 4 247 1 244 0 2 530 510 252 1 253 9 256 3 257 9 455 485 475 246 8 245 0 249 0 248 0 250 1 478 585 60 6 249 5 251 2 252 0 540 570 550 575 581 76A 580AAVENUE OREGON EXPRESSWAY MANOR COWPER STREET MARION AVENUE TASSO STREET This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site 0'84' Attachment A: Location Map 2451 Cowper Street CITYOF PALOALTO I NC O R P O R A TE D CALI FORNIA P a l o A l t o T h e C i t y o f APRI L 1 6 189 4 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2025-08-13 10:21:33 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) R-1 1 Raybould, Claire To:Bhavani Potharaju Subject:RE: Construction Concerns for 2451 Cowper Sreet From: John XJ Zhang <xjzhang@gmail.com> Sent: 15 July 2025 21:08 To: Bhavani Potharaju <bpotharaju@m‐group.us> Cc: John XJ Zhang <xjzhang@gmail.com> Subject: Re: Construction Concerns for 2451 Cowper Sreet [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you know the content is safe. Be aware that the sending address can be faked or manipulated. Dear Bhavani, Thank you for your message. I respect the owner’s right to develop their property and the city’s approval process. My primary concern centers around the timing of the construction start. Scientific studies emphasize that the first 6 months after birth are particularly critical for an infant’s neurological and sensory development, especially in ensuring a quiet and stable environment for sleep, bonding, and growth. Given that we are expecting a newborn in September, I respectfully request that the project begin no earlier than March 2026 to support our child’s early development. Additionally, we currently have two other young children at home, one is 3 years old and the other just over 1 year old. Their daytime rest periods are already easily disrupted, and prolonged construction noise could significantly impact their health and well‐being. When the work commences, I kindly request that construction hours be limited to mid‐day (e.g., 10 AM–3 PM) with noon breaks to accommodate their nap schedules. I sincerely appreciate the owner’s willingness to be considerate and to limit activity near the rear fence. Lastly, I would appreciate the opportunity to speak with you directly. Would Wednesday, July 16 at 9:00 AM work for a brief zoom call? Best wishes, John X.J. Zhang From: Bhavani Potharaju <bpotharaju@m‐group.us> Date: Tuesday, July 15, 2025 at 2:28 AM 2 To: John XJ Zhang <xjzhang@gmail.com> Subject: RE: Construction Concerns for 2451 Cowper Sreet Hi John, The architect let the owner know and looks like they have responded to your concerns. The project will start October or later depending on the building permit process time. Please let me know if the owner’s email addresses your concern or if you would like to set up a call to discuss with me. I am available the next three days 9‐11am. (Appeal period ends on 7/17/2025) Thanks & Regards, BHAVANI POTHARAJU Associate Planner 408.340.5642 x126 c 408.819.0452 Timings: Mon- Fri, 7-10am PST a new design on urban planning m-group.us | M-LAB From: John XJ Zhang <xjzhang@gmail.com> Sent: 07 July 2025 20:51 To: Bhavani Potharaju <bpotharaju@m‐group.us> Subject: FW: Construction Concerns for 2451 Cowper Sreet [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you know the content is safe. Be aware that the sending address can be faked or manipulated. Hi Bhavani, FYI. From: Zhenshu Zhao <zhaozhenshu@gmail.com> Date: Sunday, July 6, 2025 at 4:55 AM To: <xjzhang@gmail.com> Subject: Re: Construction Concerns for 2451 Cowper Sreet Hi John, My name is Zhenshu Zhao, and I'm the owner of 2451 Cowper Street. Thanks so much for reaching out and letting me know—congratulations on the upcoming arrival of your baby! I completely understand how important a calm environment is during that time. I want to reassure you that our project is still in the early stages of the approval process, and even the earliest possible start date for construction would be mid‐October to early Nov. So there won’t be any construction activity around September when your baby arrives. Once construction does begin, I’ll make sure the team is mindful of noise and will also speak with the architect and contractor about limiting activity near the rear fence as much as possible. 3 Really appreciate your communication, and please don’t hesitate to reach out with any concerns along the way. I’ll do my best to make this process as smooth as possible for everyone. Warmly, Zhenshu cc: John XJ Zhang Attachment: Conditions of Approval Property Owner September 17, 2025 Mike Ma MArch Design 569 Clyde Avenue, Unit #520 Mountain View, CA 94043 SUBJECT: 2451 Cowper Street- Individual Review Application 25PLN-00102 On September 17, 2025, the Director of Planning and Development Services conditionally approved Single Family Individual Review application 25PLN-00102 for a new two-story residence at 2451 Cowper Street. This approval was granted pursuant to the Palo Alto Municipal Code (PAMC) Sections 18.12.110 and 18.77.075. The conditionally approved project plan set received April 15, 2025, meets the Palo Alto Single Family Individual Review Guidelines, and complies with the R-1 zone district regulations and other applicable City regulations for development as conditioned. Prior to the approval becoming effective, a timely request for Director’s Hearing was received and a Director’s Hearing was held on September 10, 2025. On September 15, 2025, the Director of Planning and Development Services upheld the conditionally approved project. PROJECT DESCRIPTION The proposal is a request by Mike Ma of MArch Design for Single Family Individual Review to allow deconstruction of an existing 1,286 square foot one-story residence and a detached garage, and to allow the construction of a new 2,380 square foot two story single -family residence with attached one car garage and 799 square foot attached Accessory Dwelling Unit in the R1 zoning district , as shown on the plans received on June 9, 2025. DIRECTOR’S HEARING John XJ Zhang, residing at 2450 Tasso Street, requested a hearing within the 14-day hearing request period. Mr. Zhang expressed concern regarding noise impacts during construction, noting that they have a newborn baby arriving this fall and that the construction noise will impact their baby. Mr. Zang requested that construction hours be limited to 10AM -3PM with noon breaks to accommodate his newborn child’s nap schedule and that construction begin no earlier than March 2026. At the hearing, the appellant’s representative expressed concern that the City’s tentative approval did not protect nearby residents, especially young children, from hazardous materials and excessive noise. They argued that demolition of the 1938 structure could release lead, asbestos, dust, and diesel emissions, and that no enforceable conditions had been imposed to mitigate these risks. They also disputed the City’s reliance on a CEQA exemption and noted the project did not fully meet Individual Review Guidelines on privacy and buffering, urging denial until stronger safeguards were required. DECISION AND FINDINGS 2451 Cowper Street approval Individual Review 25PLN-00102 Page 2 of 9 The Director of Planning and Development Services finds that the project, as submitted on June 09, 2025 and as conditioned here, is in compliance with both the Municipal Code and the Individual Review Design Guidelines. The requirement to provide 24-inch box privacy screening trees on the rear and side yard property lines is already reflected in the approved plan set and reinforced in condition of approval #13 in the previously issued conditions of approval. Conditions related to hazardous material compliance, specifically asbestos and lead-based paint, are addressed at building permit in accordance with state and federal regulations. Standard measures for dust control are also applied during earthmoving activities in accordance with Bay Area Air Quality Management District requirements. Therefore, the addition of conditions of approval to address these requirements are not warranted. The project is required to comply with municipal code requirements for construction hours and noise levels. No new conditions of approval were added as a result of the Director’s Hearing. However, the Director modified three conditions below for clarity and accuracy, including removing a standard privacy related condition of approval for balconies (no balconies are proposed as part of this project), clarifying a condition relating to maintaining the ADU path of travel while also maintaining a planting area for the side yard screening trees, and revising the condition related to impact fees to remove references to public art fees, which are not required for accessory dwelling units. This approval will become effective 14 calendar days from the postmark date of this letter, unless an appeal is filed, as provided by Chapter 18.77.075 of the PAMC. An appeal may be filed by written request with the City Clerk before the date the Director’s decision becomes final. The written request shall be accompanied by a fee, as set forth in the municipal fee schedule. Only an applicant, or the owner or tenant of an adjacent property may appeal. As the plans may have been revised since the original submittal, interested parties may wish to review the tentatively approved plans online at the City’s Planning webpage bit.ly/PaloAltoProjects. If you need assistance reviewing the plans, you may visit the City’s Development Center at 285 Hamilton Avenue. A copy of this letter shall accompany all future requests for City permits relating to this approval. This approval expires in 12 months from the effective date. Should you have any questions regarding this approval, please feel free to contact Claire Raybould at claire.raybould@cityofpaloalto.org. Sincerely, Jonathan Lait, AICP Director of Planning and Development Services Attachment A: Conditions of Approval cc: John XJ Zhang, 2450 Tasso Street, Palo Alto, CA 94303 2451 Cowper Street approval Individual Review 25PLN-00102 Page 3 of 9 Attachment A INDIVIDUAL REVIEW CONDITIONS OF APPROVAL 2451 Cowper Street 25PLN-00102 September 12, 2025 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, " ZHAO RESIDENCE, New Single Family Residence + Attached ADU, 2451 Cowper Street, Palo Alto,” uploaded to the Palo Alto Online Permitting Services Citizen Portal on June 09, 2025, as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. 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. Privacy trees as described in COA #13 as shown on Sheet A1.4, shall be minimum 24- inch box trees and at least 8 feet tall at the time of planting. b. Minimum 18 inches of planter area shall be provided between the fence line and the concrete walkway along the right side easternmost property lot line. c. Clearly delineate a walkway leading to the ADU entry Show the edge of the walkway next to the ADU and paved parking area next to the garage on the site plan with dimensions and/or notes for the 18-inch planting area along the fence line. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. OBSCURED/TRANSLUCENT GLAZING. All obscure glazing, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Obscure glazing is either decorative glazing that does not allow views through placed into the window frame or acid etched or similar permanent alteration of the glass. Films or like additions to clear glass are not permitted where obscure glazing is shown. Obscure glazing shall not be altered in the future and shall be replaced with like materials if damaged. If operable, these windows shall open towards the public right-of-way. 6. PRIVACY SCREENING. All screening, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Screening shall be a maximum of 15 percent open. Screening shall not be altered and shall be replaced with like materials if damaged. 2451 Cowper Street approval Individual Review 25PLN-00102 Page 4 of 9 7. REQUIRED PARKING. All single-family homes shall be provided with a minimum of one covered parking space (10-foot by 20-foot interior dimensions) and one uncovered parking space (8.5 feet by 17.5 feet). 8. 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. 9. BAY WINDOWS. The four proposed bay windows shall have an interior base at least 1 8 inches above the floor joists, have no exterior skirt wall, projecting no more than two feet, shall have an interior height of no more than 7.5 feet (measured from the window seat to the underside of the roof), and with more than 50% window surface. Bay windows that do not meet this definition will be counted towards the homes floor area ratio (FAR), which may cause the home to be out of compliance with required Zoning standards. Any changes to proposed bay windows must first be reviewed and approved by the Director of Planning and Community Environment. 10. NOISE PRODUCING EQUIPMENT. All noise producing equipment shall be located outside of required setbacks, except they may project 6 feet into the required street side setbacks. In accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 11. DAYLIGHT PLANE. The daylight plane must clear the point where the wall plane intersects the top of the roof material. 12. IMPERVIOUS SURFACE. A minimum of 60 % of the required front yard shall have a permeable surface that permits water absorption directly into the soil (Section 18.12.040 (h)). The building permit plan set shall include a diagram demonstrating compliance. 13. REQUIRED IRLANDSCAPING/CANOPY REPLACEMENT TREES. The following landscaping is required to ensure the project’s conformance with the City’s IR Guidelines and/or the City’s tree canopy replacement requirements and therefore must remain for the life of the structure. The required screening trees and shrubs shall be a minimum size of 24-inch box and measure at least eight (8) feet tall at planting. a. Four 24-inch box trees shown as 16 on sheet A1.4, shall be planted and maintained at left side of the rear yard of the property. b. Two 24-inch box trees shown as 5 on sheet A1.4, shall be planted and maintained at the rear yard of the property. c. Four 24-inch box trees shown as 17 on sheet A1.4, shall be planted and maintained at right side of the rear yard of the property. 14. LANDSCAPING. All existing landscaping shall remain unless approved for removal in the approved plan set. Show tree protection fencing to all trees and shrubs intended to remain on site and for the street trees. The tree protection shall be shown in the plans submitted for building permit, as 2451 Cowper Street approval Individual Review 25PLN-00102 Page 5 of 9 shown on Sheet A1.4 and shall be installed at the beginning of construction. Landscape planting shall be installed as shown in the approved plans. Modifications to the landscaping plan shall be approved by Planning and Urban Forestry. 15. FENCES. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of the Palo Alto Municipal Code (PAMC). Heights of all new and existing fencing must be shown on the Building Permit plans. a. Where an existing fence is non-compliant, a new Code compliant fence shall be constructed in its place. 16. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $18,004.02 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. 17. 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 th e development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90- DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judici al review must be sought is governed by CCP Section 1094.6. 18. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, fenestration and hard surface locations. Contact the planning department at 650 - 617-3117 or email Planner@CityofPaloAlto.org to schedule this inspection. 19. PERMIT EXPIRATION. The project approval shall be valid for a period of two years from the original date of approval. Application for a one year extension of this entitlement may be made prior to expiration, by emailing the Planning department at Planner@CityofPaloAlto.org. If a timely extension is not received, or the project has already received an extension and the applicant still wishes to pursue this project, they must first file for a new Plann ing application and pay the associated fees. This new application will be reviewed for conformance with the regulations in place at that time. 2451 Cowper Street approval Individual Review 25PLN-00102 Page 6 of 9 20. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval author ized 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. URBAN FORESTRY 21. Please add a column in the Arborist report for tree removal to identify which of the non- protected trees are proposed for removal so that a no-net-loss of tree canopy replacement quantity can be calculated by Urban Forestry. Insufficient space for all replacement trees may be replaced by in-lieu fees in the amount of $650 per unplanted 24" box tree. 22. URBAN FORESTRY GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the Tree Protection Zone (TPZ). The ground under and around the tree canopy area shall not be altered. No waste material or construction byproducts are allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained as necessary to ensure survival. 23. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to the Contractor. Reporting, injury mitigation measures and arborist inspection schedule apply pursuant to TLTM Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree and Landscape Technical Manual , Section 3.02. 24. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading, digging, potholing, or trenching within the TPZ of a protected tree shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ= 10x the tree diameter at 54" above grade) For utility trenching, including sewer line, roots exposed with a diameter of 2 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then CPA Standard Detail #504 shall be printed on the final plans and the buffer distances in TLTM Table 3-4, Trenching and Tunneling Distance, shall be implemented by Contractor. Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of conducting any approved excavation within 10-feet of any street trees (or for any protected tree on EVSE projects). Urban Forestry may choose to monitor or review the work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards. 25. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and con struction scheduling as stated in the Tree Preservation Report and/or Sheet T-1 and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping or Urban Forestry inspection of the project is completed. 2451 Cowper Street approval Individual Review 25PLN-00102 Page 7 of 9 26. NO NET LOSS OF CANOPY. In order to comply with the City’s no net loss of canopy policy (PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan, Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3 -1 in the Tree and Landscape Technical Manual, Section 3.02. New landscape tree plantings (24 inch box or larger) count towards the replacement total. Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in -lieu fees per each 24 inch box tree into the forestry fund. [Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC 8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned other than R1, RE, R-2, or RMD]. 27. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to Planning and Development Servi ces Department for review by Planning, Public Works, or Urban Forestry. ZERO WASTE 28. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction. 29. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail info@thereusepeople.org. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit. 30. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction PUBLIC WORKS CONDITION OF APPROVAL 2451 Cowper Street approval Individual Review 25PLN-00102 Page 8 of 9 The following shall be addressed prior to issuance of a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit and/or Encroachment Permit. 31. PUBLIC WORKS STANDARD CONDITIONS SHEET: The Department of Public Work’s full-sized "Standard Conditions" sheet shall be included in the improvement p lans and the applicant shall comply with all conditions listed in the sheet. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/pw-conditions-sheet-alternative-update-8.7.18.pdf 32. SIDEWALK, DRIVEWAY, CURB & GUTTER: The applicant shall meet with a Public Works inspector by calling 650-496-6929 to determine portions of sidewalk, curb, gutter, and driveway approaches that shall be replaced along the project frontage. These portions shall be indicated on the site improvement plans. In addition, a Site Inspection Directive sheet shall be completed, signed by the inspector, and scanned onto the plan set. The sheet can be obtained from a staff member of Public Works Engineering Services or at the following link: https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/pwe-site-inspection-directive_rev- 2021.pdf 33. DRIVEWAY APPROACHES: The applicant shall comply with all regulations in PAMC Chapter 12.08 for driveway approaches. A summary of those regulations can be obtained at the following link: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=69580.09&BlobID=66035 34. STORM WATER POLLUTION PREVENTION SHEET: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet shall be included in the improvement plans. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/v/1/publicworks/engineering- Services/webpages/forms-and-permits/rwq_stormwater_plansheet_final_bw.pdf 35. IMPERVIOUS SURFACE AREA WORKSHEET: The applicant shall fill out the Impervious Area Worksheet for Land Developments at the link below. The sheet shall be both emailed to pwecips@cityofpaloalto.org and included with the building permit submittal: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/impervious-area-worksheet-fillable.pdf 36. GRADING & DRAINAGE PLAN: The improvement plans shall be compliant with the “Grading & Drainage Guidelines for Residential Developments”. The sheet can be obtained at the following: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/grading-drainage-residential-guidelines.pdf 37. C.3 STORMWATER REGULATIONS: This project creates or replaces over 2,500 square feet of impervious surface area. The applicant shall implement one or more of the following site design measures on improvement plans: a. Direct roof runoff into cisterns or rain barrels for reuse. 2451 Cowper Street approval Individual Review 25PLN-00102 Page 9 of 9 b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct driveways, and/or uncovered parking lots with permeable surfaces. 38. STREETWORK PERMIT: All improvement plans shall include the following note adjacent to proposed work in the public right-of-way. “Any construction within the public right-of-way requires an approved Street work Permit from Public Works Engineering”. 39. DEMOLITION PLAN: The following note shall be placed adjacent to all affected trees on the Demolition Plan: “Excavation and trenching is restricted within the Tree Protection Zone (refer to T-1 Tree Protection Sheet) or as approved by the Urban Forestry Division at 650-496-5953. Any changes shall be approved by the same”. 40. CONSTRUCTION STAGING: All improvement plans shall include the following note on the Site Plan and the Grading & Drainage Plan. “All construction materials and equipment shall be staged, stored, and stockpiled onsite and not on any public street”. GREEN BUILDING & ENERGY REACH CODE REQUIREMENTS: 41. The proposed project shall conform with PAMC Section 16.14 (Green Building code) Information, ordinances and applications can be found at http://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. If you have any questions regarding Green Building requirements, please call the Green Building Consultant at (650) 329-2179 or send an email to GreenBuilding@CityofPaloAlto.org. September 29, 2025 By Email Mahealani Ah Yun, City Clerk Claire Raybould, Planning Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Mahealani.AhYun@paloalto.gov Claire.Raybould@paloalto.gov Re: Appeal of Planning Directors’ Decision -2451 Cowper Street Individual Review Application (25PLN-00102) Dear Ms. Ah Yun and Ms. Raybould: This office represents John X. J. Zhang, the owner of the residence at 2450 Tasso Street, immediately adjacent and to the rear of 2451 Cowper Street. By way of the attached completed form, Mr. Zhang is appealing the September 17, 2025 decision of the Planning Director upholding the above-referenced approval of Individual Review Application No. 25PLN-00102. The reasons for the appeal are as stated in the attached letter submitted to Planning Director on September 9, 2025. Because the Director added no new conditions of approval, the letter’s points and reasoning still apply in their entirety. Jodie Gerhardt Veronica Dao Vinhloc Nguyen September 29, 2025 Page 2 Thank you for your attention to this appeal, and please contact me with any questions or concerns. Most sincerely, M. R. WOLFE & ASSOCIATES, P.C. Mark R. Wolfe On behalf of John X. C. Zhang MRW: attachments ATTACHMENT September 9, 2025 By Email Jonathan Lait, Planning Director City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 pdsdirector@paloalto.gov Re: 2451 Cowper Street (25PLN-00102); Director’s Hearing on Individual Review Application Dear Mr. Lait: This office represents John X. J. Zhang, the owner of the residence at 2450 Tasso Street, immediately adjacent and to the rear of 2451 Cowper Street. Mr. Zhang requested a Director’s Hearing following the Planning Department’s July 3, 2025 tentative approval of the Individual Review application for the above-referenced development project (“Project”). As explained in the body of this letter, the tentative approval fails to impose enforceable conditions to protect nearby residents, including Mr. Zhang’s newborn infant and one- and three-year old children, from exposure to hazardous pollutant emissions and excessive noise during demolition and construction of the project. Furthermore, the Project appears not qualify for the Class 3 categorical exemption from the environmental review provisions of the California Environmental Quality Act (“CEQA”) due to the presence of unusual circumstances. We therefore respectfully request that you DENY the application at this time, and instead direct your staff to develop adequate, enforceable mitigation measures as set forth further below. In their current form, the proposed conditions of approval focus largely on landscaping, tree protection, parking, and design conformance. They do not require the applicant to implement standard measures for dust-control, asbestos and lead abatement, or diesel particulate matter (“DPM”) emissions reduction in accordance with guidance from the Bay Area Air Quality Management District (“BAAQMD”). Jonathan Lait September 9, 2025 Page 2 The existing structure was built in 1938 and therefore is likely to contain both lead- based paint and asbestos-containing materials. In addition, the foreseeable use of diesel-powered construction equipment and trucks at the Project site will result in emissions of DPM, which the California Air Resources Board (“CARB”) has classified as a cancer-causing toxic air contaminant. As a result, in the absence of clearly defined and enforceable mitigation measures leaves Mr. Zhang’s family and other sensitive receptors1 in the vicinity vulnerable to exposure to: • Lead particles from disturbance of painted building surfaces during demolition. • Asbestos fibers from potential asbestos-containing materials in the existing home. • Fugitive dust/PM10 emissions from excavation, grading, and hauling activities. • Emissions of DPM a known carcinogen. • Construction noise at levels likely to exceed Palo Alto’s municipal code standard of no more than 6 dBA above ambient (PAMC § 9.10.030), adversely affecting the health and safety of nearby sensitive receptors, particularly infants. Please note that Palo Alto Municipal Code (“PAMC”) Section 18.40.270 requires that air contaminants such as smoke, dust, and odors be controlled and prevented from leaving the property, and authorizes the City to require applicants to demonstrate methods to minimize such contaminants. There is no indication that the City has required such a demonstration from the applicant here. Likewise, PAMC Section 9.10.010 declares that it is City policy to protect residents’ peace, health, and welfare from “excessive, unnecessary and unreasonable noises” from any source, and emphasizes control of noise under those conditions of use that most severely impact nearby persons. Allowing demolition and heavy 1 Sensitive receptors include “residences, schools, community resource centers, childcare facilities, parks, playgrounds, health care facilities, hospitals, nursing homes, live-in housing, and any building housing a business open to the public.” (CARB, SB 1137 Frequently Asked Questions, July 2025.) Jonathan Lait September 9, 2025 Page 3 construction immediately adjacent to a home with small children and an infant, without imposing enforceable noise controls, violates both the spirit and the letter of this policy. The proposed conditions of approval further fail to require compliance with best management practices for handing standard hazardous materials when older structures are demolished or deconstructed. These include: • Inspect: Before demolition, a trained professional must inspect pre- 1980s structures for asbestos, lead, and other hazardous materials. The subject home was built in 1938, yet there is no evidence that such an inspection has been conducted. • Protect: During removal, hazardous wastes must be segregated from other construction debris, with precautions to protect residents, neighbors, and workers from contaminated dust. No conditions of approval require protective measures such as containment, labeling, or safe on-site storage. • Dispose: Hazardous wastes must be lawfully disposed of under state and federal requirements to avoid environmental releases and liability. The City’s approval is silent on disposal procedures, tracking, or manifests, leaving a significant enforcement gap. These omissions leave adjacent residents, including sensitive receptors, even further at risk. We would also dispute the City’s determination that the project is categorically exempt from CEQA based on the Class 3 categorical exemption established by Section 15303 of the CEQA Guidelines. The “unusual circumstances” exception of section 15300.2 likely applies here. Sensitive receptors live immediately adjacent to the demolition site; there is no documentation of the presence or absence of hazardous materials in the existing 1938 structure; and the City has imposed no enforceable conditions to prevent exposure to lead, asbestos, fugitive dust, DPM, or excessive noise. These circumstances create a reasonable possibility of significant adverse environmental impacts, rendering the categorical exemption inapplicable. Jonathan Lait September 9, 2025 Page 4 Finally, while the July 3 tentative approval concludes that the Project meets all five of the City’s Individual Review (IR) Guidelines, staff’s own review flagged inadequate privacy screening (Guideline 5), and insufficient side/rear yard buffering under Guideline 1 (site planning). Unless these inconsistencies corrected with enforceable conditions, the project fails to satisfy the IR Guidelines. Moreover, staff’s IR comments explicitly recommended taller evergreen screening trees along the side and rear lot lines (e.g., Arbutus ‘Marina’ or Cherry Laurel) to protect privacy. Fortunately, the Planning Director has clear authority to impose additional mitigation requirements to rectify these omissions. PAMC Section 18.12.110(e) makes clear that in granting individual review approvals, “reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience.” Accordingly, to address the foregoing concerns and to establish an evidentiary record sufficient to support an overall finding of compliance with the PAMC, we respectfully request that the Planning Director deny the current application at this time, and subsequently impose the following enforceable mitigation measures in any future approval: 1. Pre-Construction Meeting with Neighbors: Require a meeting between the City inspector, contractor, and adjacent neighbor to review the schedule, high- noise activities, dust controls, construction management plan, haul routes, and complaint protocol. Deliverables should include a one-page contact sheet with a 24/7 site supervisor phone number and email. 2. Temporary Acoustic Barrier: Install a continuous sound wall along the shared property line prior to demolition and framing, at least 10 feet tall with a surface density ≥ 1.0 psf (or STC/NIC ≥ 25), with no gaps at seams or grade. Verified with dated photos and product specs submitted to Planning. 3. Best Practices for Noise Control: Use broadband backup alarms, prohibit unmuffled compressors or generators, and locate stationary equipment away from the shared property line. Limit high-noise activities such as demolition, saw- cutting, and hammering to 10:00 a.m.–1:00 p.m. where practicable, with 72-hour advance notice to neighbors. Prohibit construction activities on weekends and holidays. Jonathan Lait September 9, 2025 Page 5 4. Dust, Lead, and Asbestos Compliance (Inspect / Protect / Dispose): a. Require licensed asbestos and lead surveys before permit issuance. b. Mandate licensed abatement contractors with third-party clearance reports filed with the City. c. Require BAAQMD demolition/renovation notifications and disposal manifests. d. Implement Dust Control Measures per BAAQMD guidelines (continuous wet methods, haul truck covers, track-out prevention, no visible dust crossing the property line). e. Conduct perimeter PM2.5 spot monitoring at the shared property line during demolition/major grading, with daily logs submitted to the City and neighbors. 5. Traffic, Staging, and Public Safety: Submit a Construction Management Plan identifying haul routes, staging, dumpster and concrete washout locations on- site, and protections to ensure the shared fence remains undamaged. 6. Communication, Complaints, and Enforcement: Post a 24/7 site supervisor phone number at the site, maintain a complaint/response log available to the City, and authorize the City to issue stop-work orders for material or repeated violations. 7. Privacy Screening and Landscaping: Require installation of 12–15 ft evergreen screening trees (minimum 24-inch box size, e.g., Arbutus ‘Marina’, Cherry Laurel, or equivalent) along the rear and side lot lines to provide lasting privacy protection, consistent with staff’s IR recommendations. Imposition of the foregoing conditions will ensure adequate compliance with CEQA, BAAQMD Guidance, and the City’s own municipal code. We therefore once again respectfully request that the Planning Director deny the application at this time, and impose the foregoing mitigation requirements as enforceable conditions in any future approval. Jonathan Lait September 9, 2025 Page 6 Thank you for your consideration of these concerns. Most sincerely, M. R. WOLFE & ASSOCIATES, P.C Mark R. Wolfe On behalf of John X. C. Zhang MRW: cc: Claire Raybould, Manager of Current Planning (Claire.Raybould@paloalto.gov) Bhavani Potharaju, Project Planner (bpotharaju@m-group.us) Attachment E Project Plans In order to reduce paper consumption plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for planning application “2451 Cowper Street” and open record by clicking on the green dot 3. Review the record details on the left side and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “Approved Plans_C2_2451 Cowper Street” uploaded 07- 04-2025 to review the tentatively approved plan set. The project website with a direct link to the project plans is also available at: https://www.paloalto.gov/Departments/Planning-Development-Services/Current- Planning/Projects/2451-Cowper-St From:Zhenshu Zhao To:Council, City Cc:Raybould, Claire Subject:Public Comment for 2451 Cowper St — Appeal Hearing on December 8 Date:Friday, December 5, 2025 6:18:16 PM Attachments:2451_Cowper_Zhao_Letter_to_Council_2024-12-08.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. i Dear Council Members, My name is Zhenshu Zhao, the homeowner of 2451 Cowper St. This project is my family home. I learned from Claire yesterday that the Council packet has already been published, so the one- page summary I prepared could not be included.(Please see it attached) I’m therefore sending the content directly to you here for your consideration ahead of the December 8 hearing. (Here is the summary I had hoped to include in the packet): • Over the past year, I have followed all City procedures and made every revision requested by staff, including adjustments to height, privacy, and massing. • The project fully complies with Palo Alto’s development standards and received Planning Director approval after extensive review. • Throughout the process I have been cooperative, responsive, and committed to ensuring the design fits well within the neighborhood. • The appeal has caused significant delay despite the project meeting all requirements. I respectfully ask the Council to uphold the Director’s approval so that the project can move forward without further delay. This project's intention has always been to build a safe and comfortable living environment for my family—not a commercial or speculative project. I also respectfully hope that the City continues to uphold a fair and consistent process for homeowners who follow the rules and work closely with staff. Thank you very much for your time and attention. Best, Zhenshu Zhao This message needs your attention This is a personal email address. This is their first mail to some recipients. Mark Safe Report Support Upholding the Director’s Decision – 2451 Cowper Street Dear Mayor and Council members, My name is Zhenshu Zhao, owner of 2451 Cowper Street. Thank you for your time and for the City’s thorough work throughout the Individual Review (IR) process. I respectfully request that the Council uphold the Director’s decision approving the project. 1. The project fully complies with all applicable Codes and IR Guidelines Planning Staff and the Director completed a detailed review and confirmed that the project: •Meets all zoning standards (height, setbacks, daylight plane, FAR); •Satisfies all IR Guidelines regarding privacy, massing, and neighborhood compatibility; •Reflects adjustments incorporated through the City review process. The project aligns with the City’s objective and consistently applied requirements for single- family homes. 2. Construction-related impacts are already governed by enforceable regulations I will fully comply with all required City, State, and BAAQMD regulations, these standards provide clear, enforceable protections for neighbors and the public. 3. The appellant’s requested conditions fall outside the City’s enforcement framework Some requested conditions—such as extended construction limitations, continuous monitoring, or private enforcement mechanisms—are not part of Palo Alto’s standard practice, and: •Are not feasible or enforceable for a single-family residence; •Would shift public enforcement authority to a private party; •Would create an inconsistent precedent, potentially encouraging future appeals on otherwise compliant projects. Maintaining objective, City-administered standards is essential for fairness and predictability. 4. Good-faith participation in the City process Throughout the review, I have followed all formal procedures, adopted required adjustments, and remained open to participating in City-facilitated mediation if helpful. My goal has been to move the project forward under the City’s established, objective standards. 5. Request For these reasons—documented compliance, existing regulatory protections, and the inappropriateness of private, non-standard conditions—I respectfully ask the Council to uphold the Director’s approval. Thank you for your time and consideration, and for supporting a fair and consistent process for all Palo Alto homeowners. Sincerely, Zhenshu Zhao Owner, 2451 Cowper Street 650-505-6666 zhaozhenshu@gmail.com From:Clerk, City To:M. R. Wolfe & Associates, PC; Clerk, City Cc:Council, City Subject:RE: Appeal of Director"s Decision to Approve an Individual Review Application, 2451 Cowper St. -- Dec. 8, 2025 Council Meeting, Agenda Item No. 5 Date:Friday, December 5, 2025 4:34:37 PM Attachments:Letter to Council re 2451 Cowper Appeal_12-5-25.pdf image001.png image002.png image003.png image006.png image007.png Hello Ms. Kim, Thank you for reaching out. Your correspondence has been received and distributed to the City Council. It will also be included in our Public Comment Packet, which will be published on Monday 12/8. Best, Nicole Bissell Deputy City Clerk Office of the City Clerk P: 650.329.2267 | E: Nicole.Bissell@PaloAlto.gov www.PaloAlto.gov From: M. R. Wolfe & Associates, PC <admin@mrwolfeassociates.com> Sent: Friday, December 5, 2025 2:30 PM To: Clerk, City <City.Clerk@PaloAlto.gov> Cc: Council, City <city.council@PaloAlto.gov> Subject: Appeal of Director's Decision to Approve an Individual Review Application, 2451 Cowper St. -- Dec. 8, 2025 Council Meeting, Agenda Item No. 5 CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. To the City Clerk: Attached is correspondence addressed to the City Council concerning 2451 Cowper Street- Appeal by John Zhang of Director's Decision to Approve an Individual Review Application. This matter currently appears on the Consent Calendar for the December 8, 2025 Counc i This message needs your attention This is their first mail to some recipients. Mark Safe Report CGBANNERINDICATORTo the City Clerk: Powered by Mimecast Attached is correspondence addressed to the City Council concerning 2451 Cowper Street- Appeal by John Zhang of Director's Decision to Approve an Individual Review Application. This matter currently appears on the Consent Calendar for the December 8, 2025 Council Meeting as Agenda Item 5. Please distribute the attachment to Councilmembers in advance of the meeting, and please also include it in the administrative record for the matter. I would be grateful if you could acknowledge receipt of this email at your convenience. Thank you very much. ________________________ Sharon Kim M. R. Wolfe & Associates, P.C | Attorneys Land Use | Environmental Law | Government 580 California Street | Suite 1200 | San Francisco, CA 94104 415.369.9400 | Fax: 415.369.9405 | www.mrwolfeassociates.com The information in this e-mail may contain information that is confidential and/or subject to the attorney- client privilege. If you have received it in error, please delete and contact the sender immediately. Thank you. December 5, 2025 By Email Mayor Ed Lauing and Members of the City Council c/o City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 City.Clerk@PaloAlto.gov Re: Appeal of Planning Director’s Decision - 2451 Cowper Street Individual Review Application 25PLN-00102 Request to Remove Appeal from Consent Calendar Dear Mayor Lauing and Councilmembers: This firm represents John X. J. Zhang, the immediately adjacent neighbor at 2450 Tasso Street, in his appeal of the Planning Director’s decision upholding the Individual Review approval for demolition and reconstruction at 2451 Cowper Street. Pursuant to Palo Alto Municipal Code (“PAMC”) § 18.78.040, an appeal placed on the consent calendar may receive full Council review only if three Councilmembers vote to remove it from consent. We respectfully urge you to do so. Please note that this appeal in no manner seeks to block or delay the project. Mr. Zhang seeks only reasonable, standard health and safety protections that the City indisputably has both authority and obligation to impose, as explained further below. I. BACKGROUND In September 2025, the Planning Department tentatively approved Individual Review Application No. 25PLN-00102 for demolition of an existing 1,286 square foot residence built in 1938 and construction of a new 2,380 square foot two-story residence with attached ADU. Mr. Zhang timely requested a Director’s Hearing, Palo Alto City Council December 5, 2025 Page 2 raising concerns about the absence of enforceable conditions to protect his family, including a prematurely born infant, a one-year-old, and a three-year-old, from exposure to hazardous materials, construction dust, diesel particulate matter, and excessive noise during demolition and construction. (See request, Attachment 1.) His children’s bedrooms and primary play areas are located close to the shared property line, placing them in close proximity to demolition activities. Specifically, Mr. Zhang advised the Planning Director that: • No asbestos or lead survey has been required, despite the age of the structure and the high likelihood that both hazardous materials are present; • No enforceable dust-control, perimeter monitoring, containment, or diesel- emissions reduction measures have been identified or imposed; • No enforceable construction-noise mitigation has been imposed, even though PAMC §§ 9.10.010 and 9.10.030 obligate the City to protect residents from excessive and unreasonable noise; and • The City’s reliance on a categorical exemption under CEQA Guidelines § 15303 is not adequately supported by substantial evidence in light of “unusual circumstances,” namely the presence of sensitive receptors feet away from demolition of a pre-1940 building containing potential hazardous materials with no documented mitigation. Following a hearing held September 10, 2025, the Planning Director upheld the approval without adding any new conditions of approval. (See Decision Letter, Attachment 2.) The Director’s decision letter vaguely asserted that “conditions related to hazardous material compliance, specifically asbestos and lead-based paint, are addressed at building permit in accordance with state and federal regulations,” and that “standard measures for dust control are also applied during earthmoving activities in accordance with Bay Area Air Quality Management District [BAAQMD] requirements.” However, the decision failed to identify what these “conditions” and “measures” actually were; failed to cite the applicable provisions of the PAMC or BAAQMD Guidance; and failed to impose any enforceable permit conditions. Mr. Zhang timely appealed the Director’s decision to the City Council pursuant to PAMC Section 18.77.075. That appeal is scheduled to appear on the Palo Alto City Council December 5, 2025 Page 3 consent calendar for the December 8, 2025 Council meeting. Under PAMC Section 18.78.040(a)(2), removal from the consent calendar requires three votes. II. The Appeal Raises Substantial Issues of Public Health, Safety, and Municipal Code Compliance That Warrant a Hearing by the City Council. A. Documented Vulnerability of Sensitive Receptors Attached hereto is a letter from Mr. Zhang’s children’s pediatrician, Dr. Yi Ding, M.D., FAAP, of the Palo Alto Medical Foundation Department of Pediatrics. (Attachment 3.) Dr. Ding’s letter provides medical documentation that infants and young children are significantly more vulnerable to environmental exposures than adults due to: (1) developing lungs and immune systems; (2) more rapid breathing rates resulting in greater inhalation of airborne particles per body weight; and (3) increased risk of respiratory irritation, infection, and long-term pulmonary complications from dust, particulate matter, and asbestos exposure. Dr. Ding further emphasizes that demolition and construction noise occurring during daytime hours pose a significant risk of disrupting the essential sleep cycles of the infant and toddlers, cycles that are medically documented as critical for neurological development, growth, and immune function. Dr. Ding specifically recommends enhanced dust control measures, stricter containment of hazardous materials, efforts to minimize noise during critical sleep hours, and prompt communication about construction timelines. This medical evidence confirms that Mr. Zhang's children constitute “sensitive receptors” as defined by the California Air Resources Board1 and creates a factual record that cannot be dismissed with vague, unspecific assurances of future regulatory action “at the building permit stage.” 1 CARB defines “sensitive receptors” as including “children, elderly, asthmatics and others whose are at a heightened risk of negative health outcomes due to exposure to air pollution.” (See https://ww2.arb.ca.gov/capp/cst/rdi/sensitive-receptor-assessment .) Palo Alto City Council December 5, 2025 Page 4 B. The Director’s Decision Acknowledges Health and Safety Issues But Provides Only Vague, Non-Enforceable Assurances. The Planning Director’s decision (Attachment 2) repeatedly defers protection of these documented sensitive receptors to an unspecified “building permit stage” (see p. 2), but fails to provide any transparency or accountability regarding what protections will actually be required. Specifically, the decision: • Asserts that hazardous material conditions will be “addressed at building permit in accordance with state and federal regulations,” but does not cite or identify which regulations; • States that dust control measures will be “applied during earthmoving activities in accordance with Bay Area Air Quality Management District requirements,” but does not cite or identify which BAAQMD requirements; • Provides no citations to specific PAMC sections, state statutes, federal regulations, or BAAQMD rules; • Imposes no project-specific, enforceable conditions despite documented presence of sensitive receptors and virtual certainty of lead-based paint and asbestos being present in the 1938 structure; • Leaves Mr. Zhang, the public, and the Council with no ability to determine what protections will be required or how compliance will be verified and enforced. This approach violates basic principles of land use approval transparency and public participation. Once demolition begins, any failure to require surveys, containment procedures, or noise controls in advance becomes irreversible. If City Planning Staff knows what requirements will apply “at the building permit stage,” those requirements should be disclosed now and written into enforceable conditions of approval with specific regulatory citations. If the City does not know what requirements will apply, then the approval is premature and the environmental review inadequate.2 2 Please also note that during administrative communications in July, City staff acknowledged an offer by the applicant to install a sound-dampening barrier along the shared property line. This commitment, however, was omitted from the final conditions of approval without explanation, leaving no enforceable requirement for a measure that staff previously viewed as appropriate. Palo Alto City Council December 5, 2025 Page 5 C. The Director’s Decision Ignores Applicable Requirements of the Palo Alto Municipal Code. PAMC Section 9.10.010 declares it City policy to protect residents from “excessive, unnecessary and unreasonable noises from any and all sources in the community,” and that “[i]t is the intention of the city council to control the adverse effect of such noise sources on the citizen under any condition of use, especially those conditions of use which have the most severe impact upon any person.” Here, no enforceable noise controls have been identified or imposed on the project, despite documented presence of noise-sensitive toddlers and an infant immediately adjacent. Additionally, PAMC Section 18.12.110(e) expressly authorizes the Director to impose “reasonable conditions or restrictions” in individual review approvals “if appropriate or necessary to protect the public health, safety, general welfare, or convenience.” Here, the Director declined to exercise this authority despite clear need and documentation of vulnerability. These are not minor technical issues. They go to the fundamental question of whether the City will require meaningful, enforceable protections for documented sensitive receptors as required by the PAMC, or simply approve projects with unspecified assurances that “it will all be handled later.” D. CEQA Compliance Concerns The project relies on a Class 3 categorical exemption under CEQA Guidelines Section 15303. However, the “unusual circumstances” exception of Guidelines Section 15300.2(c) likely applies here due to sensitive receptors (infant and toddlers) residing immediately adjacent to the demolition site, which almost certainly contains lead-based paint and asbestos-containing materials given its age; the fact that no investigation or documentation of the presence or absence of hazardous materials has occurred; and no enforceable conditions have been imposed to prevent exposure to lead, asbestos, fugitive dust, diesel particulate matter, or excessive noise. These circumstances create a reasonable possibility of significant adverse environmental impacts to sensitive receptors, rendering the categorical exemption Palo Alto City Council December 5, 2025 Page 6 inapplicable. At a minimum, the Council should hear evidence on this issue before allowing the exemption to stand. III. The Council Should Remove the Appeal from Consent to Ensure Transparency, Public Participation, and a Legally Adequate Record. Again, Mr. Zhang is not seeking to stop or delay the project. He is requesting that the City impose standard best management practices as enforceable conditions of approval before demolition begins. Specifically: 1. Pre-Construction Meeting with Neighbors: Require a meeting between the City inspector, contractor, and adjacent neighbor to review the schedule, high- noise activities, dust controls, construction management plan, haul routes, and complaint protocol. Deliverables should include a one-page contact sheet with a 24/7 site supervisor phone number and email. 2. Temporary Acoustic Barrier: Install a continuous sound wall along the shared property line prior to demolition and framing, at least 10 feet tall with a surface density ≥ 1.0 psf (or STC/NIC ≥ 25), with no gaps at seams or grade. Verified with dated photos and product specs submitted to the City. 3. Best Practices for Noise Control: Use broadband backup alarms, prohibit unmuffled compressors or generators, and locate stationary equipment away from the shared property line. Limit high-noise activities such as demolition, saw- cutting, and hammering to 10:00 a.m.–1:00 p.m. where practicable, with 72-hour advance notice to neighbors. Prohibit construction activities on weekends and holidays. 4. Dust, Lead, and Asbestos Control Measures: a. Require licensed asbestos and lead surveys before permit issuance. b. Mandate licensed abatement contractors with third-party clearance reports filed with the City. c. Require BAAQMD demolition/renovation notifications and disposal manifests. Palo Alto City Council December 5, 2025 Page 7 d. Implement Dust Control Measures per BAAQMD guidelines (continuous wet methods, haul truck covers, track-out prevention, no visible dust crossing the property line). e. Conduct perimeter PM2.5 spot monitoring at the shared property line during demolition/major grading, with daily logs submitted to the City and neighbors. 5. Traffic, Staging, and Public Safety: Submit a Construction Management Plan identifying haul routes, staging, dumpster and concrete washout locations on- site, and protections to ensure the shared fence remains undamaged. 6. Communication, Complaints, and Enforcement: Post a 24/7 site supervisor phone number at the site, maintain a complaint/response log available to the City, and authorize the City to issue stop-work orders for material or repeated violations. These measures represent standard industry practices for demolition of pre- 1940 structures adjacent to occupied residential properties. They are not unusual or unreasonable. They should be written into the conditions of approval as enforceable permit requirements - not left to hope and assumption about what might happen at an unspecified future “building permit stage.” V. Conclusion We respectfully request that the Council vote to remove this appeal from the consent calendar and schedule it for full hearing. The appeal raises important policy questions appropriate for Council resolution, not consent calendar approval. Mr. Zhang and his children deserve more than vague assurances that their health will be protected at some unspecified future “building permit stage.” Like all Palo Alto residents, they deserve specific, enforceable conditions written into the permit before demolition begins, based on standard best practices and the City's own Municipal Code requirements. Palo Alto City Council December 5, 2025 Page 8 Thank you for your consideration of this request. Most sincerely, M. R. WOLFE & ASSOCIATES, P.C Mark R. Wolfe On behalf of John Zhang MRW: attachments ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 September 9, 2025 By Email Jonathan Lait, Planning Director City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 pdsdirector@paloalto.gov Re: 2451 Cowper Street (25PLN-00102); Director’s Hearing on Individual Review Application Dear Mr. Lait: This office represents John X. J. Zhang, the owner of the residence at 2450 Tasso Street, immediately adjacent and to the rear of 2451 Cowper Street. Mr. Zhang requested a Director’s Hearing following the Planning Department’s July 3, 2025 tentative approval of the Individual Review application for the above-referenced development project (“Project”). As explained in the body of this letter, the tentative approval fails to impose enforceable conditions to protect nearby residents, including Mr. Zhang’s newborn infant and one- and three-year old children, from exposure to hazardous pollutant emissions and excessive noise during demolition and construction of the project. Furthermore, the Project appears not qualify for the Class 3 categorical exemption from the environmental review provisions of the California Environmental Quality Act (“CEQA”) due to the presence of unusual circumstances. We therefore respectfully request that you DENY the application at this time, and instead direct your staff to develop adequate, enforceable mitigation measures as set forth further below. In their current form, the proposed conditions of approval focus largely on landscaping, tree protection, parking, and design conformance. They do not require the applicant to implement standard measures for dust-control, asbestos and lead abatement, or diesel particulate matter (“DPM”) emissions reduction in accordance with guidance from the Bay Area Air Quality Management District (“BAAQMD”). Jonathan Lait September 9, 2025 Page 2 The existing structure was built in 1938 and therefore is likely to contain both lead- based paint and asbestos-containing materials. In addition, the foreseeable use of diesel-powered construction equipment and trucks at the Project site will result in emissions of DPM, which the California Air Resources Board (“CARB”) has classified as a cancer-causing toxic air contaminant. As a result, in the absence of clearly defined and enforceable mitigation measures leaves Mr. Zhang’s family and other sensitive receptors1 in the vicinity vulnerable to exposure to: • Lead particles from disturbance of painted building surfaces during demolition. • Asbestos fibers from potential asbestos-containing materials in the existing home. • Fugitive dust/PM10 emissions from excavation, grading, and hauling activities. • Emissions of DPM a known carcinogen. • Construction noise at levels likely to exceed Palo Alto’s municipal code standard of no more than 6 dBA above ambient (PAMC § 9.10.030), adversely affecting the health and safety of nearby sensitive receptors, particularly infants. Please note that Palo Alto Municipal Code (“PAMC”) Section 18.40.270 requires that air contaminants such as smoke, dust, and odors be controlled and prevented from leaving the property, and authorizes the City to require applicants to demonstrate methods to minimize such contaminants. There is no indication that the City has required such a demonstration from the applicant here. Likewise, PAMC Section 9.10.010 declares that it is City policy to protect residents’ peace, health, and welfare from “excessive, unnecessary and unreasonable noises” from any source, and emphasizes control of noise under those conditions of use that most severely impact nearby persons. Allowing demolition and heavy 1 Sensitive receptors include “residences, schools, community resource centers, childcare facilities, parks, playgrounds, health care facilities, hospitals, nursing homes, live-in housing, and any building housing a business open to the public.” (CARB, SB 1137 Frequently Asked Questions, July 2025.) Jonathan Lait September 9, 2025 Page 3 construction immediately adjacent to a home with small children and an infant, without imposing enforceable noise controls, violates both the spirit and the letter of this policy. The proposed conditions of approval further fail to require compliance with best management practices for handing standard hazardous materials when older structures are demolished or deconstructed. These include: • Inspect: Before demolition, a trained professional must inspect pre- 1980s structures for asbestos, lead, and other hazardous materials. The subject home was built in 1938, yet there is no evidence that such an inspection has been conducted. • Protect: During removal, hazardous wastes must be segregated from other construction debris, with precautions to protect residents, neighbors, and workers from contaminated dust. No conditions of approval require protective measures such as containment, labeling, or safe on-site storage. • Dispose: Hazardous wastes must be lawfully disposed of under state and federal requirements to avoid environmental releases and liability. The City’s approval is silent on disposal procedures, tracking, or manifests, leaving a significant enforcement gap. These omissions leave adjacent residents, including sensitive receptors, even further at risk. We would also dispute the City’s determination that the project is categorically exempt from CEQA based on the Class 3 categorical exemption established by Section 15303 of the CEQA Guidelines. The “unusual circumstances” exception of section 15300.2 likely applies here. Sensitive receptors live immediately adjacent to the demolition site; there is no documentation of the presence or absence of hazardous materials in the existing 1938 structure; and the City has imposed no enforceable conditions to prevent exposure to lead, asbestos, fugitive dust, DPM, or excessive noise. These circumstances create a reasonable possibility of significant adverse environmental impacts, rendering the categorical exemption inapplicable. Jonathan Lait September 9, 2025 Page 4 Finally, while the July 3 tentative approval concludes that the Project meets all five of the City’s Individual Review (IR) Guidelines, staff’s own review flagged inadequate privacy screening (Guideline 5), and insufficient side/rear yard buffering under Guideline 1 (site planning). Unless these inconsistencies corrected with enforceable conditions, the project fails to satisfy the IR Guidelines. Moreover, staff’s IR comments explicitly recommended taller evergreen screening trees along the side and rear lot lines (e.g., Arbutus ‘Marina’ or Cherry Laurel) to protect privacy. Fortunately, the Planning Director has clear authority to impose additional mitigation requirements to rectify these omissions. PAMC Section 18.12.110(e) makes clear that in granting individual review approvals, “reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience.” Accordingly, to address the foregoing concerns and to establish an evidentiary record sufficient to support an overall finding of compliance with the PAMC, we respectfully request that the Planning Director deny the current application at this time, and subsequently impose the following enforceable mitigation measures in any future approval: 1. Pre-Construction Meeting with Neighbors: Require a meeting between the City inspector, contractor, and adjacent neighbor to review the schedule, high- noise activities, dust controls, construction management plan, haul routes, and complaint protocol. Deliverables should include a one-page contact sheet with a 24/7 site supervisor phone number and email. 2. Temporary Acoustic Barrier: Install a continuous sound wall along the shared property line prior to demolition and framing, at least 10 feet tall with a surface density ≥ 1.0 psf (or STC/NIC ≥ 25), with no gaps at seams or grade. Verified with dated photos and product specs submitted to Planning. 3. Best Practices for Noise Control: Use broadband backup alarms, prohibit unmuffled compressors or generators, and locate stationary equipment away from the shared property line. Limit high-noise activities such as demolition, saw- cutting, and hammering to 10:00 a.m.–1:00 p.m. where practicable, with 72-hour advance notice to neighbors. Prohibit construction activities on weekends and holidays. Jonathan Lait September 9, 2025 Page 5 4. Dust, Lead, and Asbestos Compliance (Inspect / Protect / Dispose): a. Require licensed asbestos and lead surveys before permit issuance. b. Mandate licensed abatement contractors with third-party clearance reports filed with the City. c. Require BAAQMD demolition/renovation notifications and disposal manifests. d. Implement Dust Control Measures per BAAQMD guidelines (continuous wet methods, haul truck covers, track-out prevention, no visible dust crossing the property line). e. Conduct perimeter PM2.5 spot monitoring at the shared property line during demolition/major grading, with daily logs submitted to the City and neighbors. 5. Traffic, Staging, and Public Safety: Submit a Construction Management Plan identifying haul routes, staging, dumpster and concrete washout locations on- site, and protections to ensure the shared fence remains undamaged. 6. Communication, Complaints, and Enforcement: Post a 24/7 site supervisor phone number at the site, maintain a complaint/response log available to the City, and authorize the City to issue stop-work orders for material or repeated violations. 7. Privacy Screening and Landscaping: Require installation of 12–15 ft evergreen screening trees (minimum 24-inch box size, e.g., Arbutus ‘Marina’, Cherry Laurel, or equivalent) along the rear and side lot lines to provide lasting privacy protection, consistent with staff’s IR recommendations. Imposition of the foregoing conditions will ensure adequate compliance with CEQA, BAAQMD Guidance, and the City’s own municipal code. We therefore once again respectfully request that the Planning Director deny the application at this time, and impose the foregoing mitigation requirements as enforceable conditions in any future approval. Jonathan Lait September 9, 2025 Page 6 Thank you for your consideration of these concerns. Most sincerely, M. R. WOLFE & ASSOCIATES, P.C Mark R. Wolfe On behalf of John X. C. Zhang MRW: cc: Claire Raybould, Manager of Current Planning (Claire.Raybould@paloalto.gov) Bhavani Potharaju, Project Planner (bpotharaju@m-group.us) ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 cc: John XJ Zhang Attachment: Conditions of Approval Property Owner September 17, 2025 Mike Ma MArch Design 569 Clyde Avenue, Unit #520 Mountain View, CA 94043 SUBJECT: 2451 Cowper Street- Individual Review Application 25PLN-00102 On September 17, 2025, the Director of Planning and Development Services conditionally approved Single Family Individual Review application 25PLN-00102 for a new two-story residence at 2451 Cowper Street. This approval was granted pursuant to the Palo Alto Municipal Code (PAMC) Sections 18.12.110 and 18.77.075. The conditionally approved project plan set received April 15, 2025, meets the Palo Alto Single Family Individual Review Guidelines, and complies with the R-1 zone district regulations and other applicable City regulations for development as conditioned. Prior to the approval becoming effective, a timely request for Director’s Hearing was received and a Director’s Hearing was held on September 10, 2025. On September 15, 2025, the Director of Planning and Development Services upheld the conditionally approved project. PROJECT DESCRIPTION The proposal is a request by Mike Ma of MArch Design for Single Family Individual Review to allow deconstruction of an existing 1,286 square foot one-story residence and a detached garage, and to allow the construction of a new 2,380 square foot two story single -family residence with attached one car garage and 799 square foot attached Accessory Dwelling Unit in the R1 zoning district , as shown on the plans received on June 9, 2025. DIRECTOR’S HEARING John XJ Zhang, residing at 2450 Tasso Street, requested a hearing within the 14-day hearing request period. Mr. Zhang expressed concern regarding noise impacts during construction, noting that they have a newborn baby arriving this fall and that the construction noise will impact their baby. Mr. Zang requested that construction hours be limited to 10AM -3PM with noon breaks to accommodate his newborn child’s nap schedule and that construction begin no earlier than March 2026. At the hearing, the appellant’s representative expressed concern that the City’s tentative approval did not protect nearby residents, especially young children, from hazardous materials and excessive noise. They argued that demolition of the 1938 structure could release lead, asbestos, dust, and diesel emissions, and that no enforceable conditions had been imposed to mitigate these risks. They also disputed the City’s reliance on a CEQA exemption and noted the project did not fully meet Individual Review Guidelines on privacy and buffering, urging denial until stronger safeguards were required. DECISION AND FINDINGS Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 2 of 9 The Director of Planning and Development Services finds that the project, as submitted on June 09, 2025 and as conditioned here, is in compliance with both the Municipal Code and the Individual Review Design Guidelines. The requirement to provide 24-inch box privacy screening trees on the rear and side yard property lines is already reflected in the approved plan set and reinforced in condition of approval #13 in the previously issued conditions of approval. Conditions related to hazardous material compliance, specifically asbestos and lead-based paint, are addressed at building permit in accordance with state and federal regulations. Standard measures for dust control are also applied during earthmoving activities in accordance with Bay Area Air Quality Management District requirements. Therefore, the addition of conditions of approval to address these requirements are not warranted. The project is required to comply with municipal code requirements for construction hours and noise levels. No new conditions of approval were added as a result of the Director’s Hearing. However, the Director modified three conditions below for clarity and accuracy, including removing a standard privacy related condition of approval for balconies (no balconies are proposed as part of this project), clarifying a condition relating to maintaining the ADU path of travel while also maintaining a planting area for the side yard screening trees, and revising the condition related to impact fees to remove references to public art fees, which are not required for accessory dwelling units. This approval will become effective 14 calendar days from the postmark date of this letter, unless an appeal is filed, as provided by Chapter 18.77.075 of the PAMC. An appeal may be filed by written request with the City Clerk before the date the Director’s decision becomes final. The written request shall be accompanied by a fee, as set forth in the municipal fee schedule. Only an applicant, or the owner or tenant of an adjacent property may appeal. As the plans may have been revised since the original submittal, interested parties may wish to review the tentatively approved plans online at the City’s Planning webpage bit.ly/PaloAltoProjects. If you need assistance reviewing the plans, you may visit the City’s Development Center at 285 Hamilton Avenue. A copy of this letter shall accompany all future requests for City permits relating to this approval. This approval expires in 12 months from the effective date. Should you have any questions regarding this approval, please feel free to contact Claire Raybould at claire.raybould@cityofpaloalto.org. Sincerely, Jonathan Lait, AICP Director of Planning and Development Services Attachment A: Conditions of Approval cc: John XJ Zhang, 2450 Tasso Street, Palo Alto, CA 94303 Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 3 of 9 Attachment A INDIVIDUAL REVIEW CONDITIONS OF APPROVAL 2451 Cowper Street 25PLN-00102 September 12, 2025 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, " ZHAO RESIDENCE, New Single Family Residence + Attached ADU, 2451 Cowper Street, Palo Alto,” uploaded to the Palo Alto Online Permitting Services Citizen Portal on June 09, 2025, as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. 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. Privacy trees as described in COA #13 as shown on Sheet A1.4, shall be minimum 24- inch box trees and at least 8 feet tall at the time of planting. b. Minimum 18 inches of planter area shall be provided between the fence line and the concrete walkway along the right side easternmost property lot line. c. Clearly delineate a walkway leading to the ADU entry Show the edge of the walkway next to the ADU and paved parking area next to the garage on the site plan with dimensions and/or notes for the 18-inch planting area along the fence line. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. OBSCURED/TRANSLUCENT GLAZING. All obscure glazing, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Obscure glazing is either decorative glazing that does not allow views through placed into the window frame or acid etched or similar permanent alteration of the glass. Films or like additions to clear glass are not permitted where obscure glazing is shown. Obscure glazing shall not be altered in the future and shall be replaced with like materials if damaged. If operable, these windows shall open towards the public right-of-way. 6. PRIVACY SCREENING. All screening, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Screening shall be a maximum of 15 percent open. Screening shall not be altered and shall be replaced with like materials if damaged. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 4 of 9 7. REQUIRED PARKING. All single-family homes shall be provided with a minimum of one covered parking space (10-foot by 20-foot interior dimensions) and one uncovered parking space (8.5 feet by 17.5 feet). 8. 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. 9. BAY WINDOWS. The four proposed bay windows shall have an interior base at least 1 8 inches above the floor joists, have no exterior skirt wall, projecting no more than two feet, shall have an interior height of no more than 7.5 feet (measured from the window seat to the underside of the roof), and with more than 50% window surface. Bay windows that do not meet this definition will be counted towards the homes floor area ratio (FAR), which may cause the home to be out of compliance with required Zoning standards. Any changes to proposed bay windows must first be reviewed and approved by the Director of Planning and Community Environment. 10. NOISE PRODUCING EQUIPMENT. All noise producing equipment shall be located outside of required setbacks, except they may project 6 feet into the required street side setbacks. In accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 11. DAYLIGHT PLANE. The daylight plane must clear the point where the wall plane intersects the top of the roof material. 12. IMPERVIOUS SURFACE. A minimum of 60 % of the required front yard shall have a permeable surface that permits water absorption directly into the soil (Section 18.12.040 (h)). The building permit plan set shall include a diagram demonstrating compliance. 13. REQUIRED IRLANDSCAPING/CANOPY REPLACEMENT TREES. The following landscaping is required to ensure the project’s conformance with the City’s IR Guidelines and/or the City’s tree canopy replacement requirements and therefore must remain for the life of the structure. The required screening trees and shrubs shall be a minimum size of 24-inch box and measure at least eight (8) feet tall at planting. a. Four 24-inch box trees shown as 16 on sheet A1.4, shall be planted and maintained at left side of the rear yard of the property. b. Two 24-inch box trees shown as 5 on sheet A1.4, shall be planted and maintained at the rear yard of the property. c. Four 24-inch box trees shown as 17 on sheet A1.4, shall be planted and maintained at right side of the rear yard of the property. 14. LANDSCAPING. All existing landscaping shall remain unless approved for removal in the approved plan set. Show tree protection fencing to all trees and shrubs intended to remain on site and for the street trees. The tree protection shall be shown in the plans submitted for building permit, as Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 5 of 9 shown on Sheet A1.4 and shall be installed at the beginning of construction. Landscape planting shall be installed as shown in the approved plans. Modifications to the landscaping plan shall be approved by Planning and Urban Forestry. 15. FENCES. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of the Palo Alto Municipal Code (PAMC). Heights of all new and existing fencing must be shown on the Building Permit plans. a. Where an existing fence is non-compliant, a new Code compliant fence shall be constructed in its place. 16. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $18,004.02 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. 17. 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 th e development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90- DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judici al review must be sought is governed by CCP Section 1094.6. 18. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, fenestration and hard surface locations. Contact the planning department at 650 - 617-3117 or email Planner@CityofPaloAlto.org to schedule this inspection. 19. PERMIT EXPIRATION. The project approval shall be valid for a period of two years from the original date of approval. Application for a one year extension of this entitlement may be made prior to expiration, by emailing the Planning department at Planner@CityofPaloAlto.org. If a timely extension is not received, or the project has already received an extension and the applicant still wishes to pursue this project, they must first file for a new Plann ing application and pay the associated fees. This new application will be reviewed for conformance with the regulations in place at that time. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 6 of 9 20. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval author ized 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. URBAN FORESTRY 21. Please add a column in the Arborist report for tree removal to identify which of the non- protected trees are proposed for removal so that a no-net-loss of tree canopy replacement quantity can be calculated by Urban Forestry. Insufficient space for all replacement trees may be replaced by in-lieu fees in the amount of $650 per unplanted 24" box tree. 22. URBAN FORESTRY GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the Tree Protection Zone (TPZ). The ground under and around the tree canopy area shall not be altered. No waste material or construction byproducts are allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained as necessary to ensure survival. 23. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to the Contractor. Reporting, injury mitigation measures and arborist inspection schedule apply pursuant to TLTM Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree and Landscape Technical Manual , Section 3.02. 24. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading, digging, potholing, or trenching within the TPZ of a protected tree shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ= 10x the tree diameter at 54" above grade) For utility trenching, including sewer line, roots exposed with a diameter of 2 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then CPA Standard Detail #504 shall be printed on the final plans and the buffer distances in TLTM Table 3-4, Trenching and Tunneling Distance, shall be implemented by Contractor. Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of conducting any approved excavation within 10-feet of any street trees (or for any protected tree on EVSE projects). Urban Forestry may choose to monitor or review the work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards. 25. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and con struction scheduling as stated in the Tree Preservation Report and/or Sheet T-1 and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping or Urban Forestry inspection of the project is completed. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 7 of 9 26. NO NET LOSS OF CANOPY. In order to comply with the City’s no net loss of canopy policy (PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan, Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3 -1 in the Tree and Landscape Technical Manual, Section 3.02. New landscape tree plantings (24 inch box or larger) count towards the replacement total. Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in -lieu fees per each 24 inch box tree into the forestry fund. [Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC 8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned other than R1, RE, R-2, or RMD]. 27. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to Planning and Development Servi ces Department for review by Planning, Public Works, or Urban Forestry. ZERO WASTE 28. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction. 29. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail info@thereusepeople.org. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit. 30. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction PUBLIC WORKS CONDITION OF APPROVAL Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 8 of 9 The following shall be addressed prior to issuance of a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit and/or Encroachment Permit. 31. PUBLIC WORKS STANDARD CONDITIONS SHEET: The Department of Public Work’s full-sized "Standard Conditions" sheet shall be included in the improvement p lans and the applicant shall comply with all conditions listed in the sheet. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/pw-conditions-sheet-alternative-update-8.7.18.pdf 32. SIDEWALK, DRIVEWAY, CURB & GUTTER: The applicant shall meet with a Public Works inspector by calling 650-496-6929 to determine portions of sidewalk, curb, gutter, and driveway approaches that shall be replaced along the project frontage. These portions shall be indicated on the site improvement plans. In addition, a Site Inspection Directive sheet shall be completed, signed by the inspector, and scanned onto the plan set. The sheet can be obtained from a staff member of Public Works Engineering Services or at the following link: https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/pwe-site-inspection-directive_rev- 2021.pdf 33. DRIVEWAY APPROACHES: The applicant shall comply with all regulations in PAMC Chapter 12.08 for driveway approaches. A summary of those regulations can be obtained at the following link: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=69580.09&BlobID=66035 34. STORM WATER POLLUTION PREVENTION SHEET: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet shall be included in the improvement plans. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/v/1/publicworks/engineering- Services/webpages/forms-and-permits/rwq_stormwater_plansheet_final_bw.pdf 35. IMPERVIOUS SURFACE AREA WORKSHEET: The applicant shall fill out the Impervious Area Worksheet for Land Developments at the link below. The sheet shall be both emailed to pwecips@cityofpaloalto.org and included with the building permit submittal: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/impervious-area-worksheet-fillable.pdf 36. GRADING & DRAINAGE PLAN: The improvement plans shall be compliant with the “Grading & Drainage Guidelines for Residential Developments”. The sheet can be obtained at the following: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/grading-drainage-residential-guidelines.pdf 37. C.3 STORMWATER REGULATIONS: This project creates or replaces over 2,500 square feet of impervious surface area. The applicant shall implement one or more of the following site design measures on improvement plans: a. Direct roof runoff into cisterns or rain barrels for reuse. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 9 of 9 b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct driveways, and/or uncovered parking lots with permeable surfaces. 38. STREETWORK PERMIT: All improvement plans shall include the following note adjacent to proposed work in the public right-of-way. “Any construction within the public right-of-way requires an approved Street work Permit from Public Works Engineering”. 39. DEMOLITION PLAN: The following note shall be placed adjacent to all affected trees on the Demolition Plan: “Excavation and trenching is restricted within the Tree Protection Zone (refer to T-1 Tree Protection Sheet) or as approved by the Urban Forestry Division at 650-496-5953. Any changes shall be approved by the same”. 40. CONSTRUCTION STAGING: All improvement plans shall include the following note on the Site Plan and the Grading & Drainage Plan. “All construction materials and equipment shall be staged, stored, and stockpiled onsite and not on any public street”. GREEN BUILDING & ENERGY REACH CODE REQUIREMENTS: 41. The proposed project shall conform with PAMC Section 16.14 (Green Building code) Information, ordinances and applications can be found at http://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. If you have any questions regarding Green Building requirements, please call the Green Building Consultant at (650) 329-2179 or send an email to GreenBuilding@CityofPaloAlto.org. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 Name: Charles Zhang | DOB: 9/10/2025 | Legal Name: Charles Zhang September 29, 2025 To Whom It May Concern, I am the primary care physician for the Zhang family, who reside at 2450 Tasso Street in Palo Alto, adjacent to the property scheduled for demolition and construction. The family includes three young children: a newborn, a one-year-old, and a three-year-old. From a medical standpoint, infants and young children are significantly more vulnerable to environmental exposures compared to adults. Their lungs and immune systems are still developing, and they breathe more rapidly, resulting in greater inhalation of airborne particles per body weight. Prolonged or repeated exposure to dust, particulate matter, and potential contaminants such as asbestos can increase risks of respiratory irritation, infection, and long-term pulmonary complications. Additionally, continuous exposure to high levels of demolition noise poses concerns for this age group. Excessive noise may disrupt essential sleep cycles, which are critical for neurological development, growth, and immune function. While I understand that the City requires adherence to standard noise, dust, and asbestos regulations during demolition projects, I strongly recommend that additional precautions be considered in this case given the heightened medical sensitivity of these young children. Specifically, I urge the City to require: Enhanced dust control measures (e.g., continuous wetting, barriers, or filtration units near the property line). Stricter containment of potential hazardous materials, including asbestos. Efforts to minimize noise during typical infant and toddler sleep hours. Prompt communication with the family about timelines and high-impact activities so they may take protective measures. These additional steps would help mitigate preventable health risks to the children and ensure their environment remains as safe as possible during the demolition period. Thank you for your attention and consideration of this request. Please feel free to contact my office should you need any further medical input or documentation. Yi Ding, MD, FAAP Department of Pediatrics, Camino Division Palo Alto Medical Foundation SUTTER PEDIATRICS - MOUNTAIN VIEW 701 E EL CAMINO REAL MOUNTAIN VIEW CA 94040 Phone: 650-934-7956 Fax: 650-934-7953 10/3/25, 11:45 AM My Health Online - Letter Details https://myhealthonline.sutterhealth.org/MHO/app/letters/details?letterId=WP-24cA9zZA6ehJXevzEntNS-2Fng-3D-3D-24OtAm6Y-2BO0Z4vsdnqltjJJu8ql4x-2BsRY…1/2 From:M. R. Wolfe & Associates, PC To:Clerk, City Cc:Council, City Subject:Appeal of Director"s Decision to Approve an Individual Review Application, 2451 Cowper St. -- Dec. 8, 2025 Council Meeting, Agenda Item No. 5 Date:Friday, December 5, 2025 2:39:27 PM Attachments:Letter to Council re 2451 Cowper Appeal_12-5-25.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. i This message needs your attention This is their first mail to some recipients. Mark Safe Report To the City Clerk: Attached is correspondence addressed to the City Council concerning 2451 Cowper Street- Appeal by John Zhang of Director's Decision to Approve an Individual Review Application. This matter currently appears on the Consent Calendar for the December 8, 2025 Council Meeting as Agenda Item 5. Please distribute the attachment to Councilmembers in advance of the meeting, and please also include it in the administrative record for the matter. I would be grateful if you could acknowledge receipt of this email at your convenience. Thank you very much. ________________________ Sharon Kim M. R. Wolfe & Associates, P.C | Attorneys Land Use | Environmental Law | Government 580 California Street | Suite 1200 | San Francisco, CA 94104 415.369.9400 | Fax: 415.369.9405 | www.mrwolfeassociates.com The information in this e-mail may contain information that is confidential and/or subject to the attorney- client privilege. If you have received it in error, please delete and contact the sender immediately. Thank you. Powered by Mimecast December 5, 2025 By Email Mayor Ed Lauing and Members of the City Council c/o City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 City.Clerk@PaloAlto.gov Re: Appeal of Planning Director’s Decision - 2451 Cowper Street Individual Review Application 25PLN-00102 Request to Remove Appeal from Consent Calendar Dear Mayor Lauing and Councilmembers: This firm represents John X. J. Zhang, the immediately adjacent neighbor at 2450 Tasso Street, in his appeal of the Planning Director’s decision upholding the Individual Review approval for demolition and reconstruction at 2451 Cowper Street. Pursuant to Palo Alto Municipal Code (“PAMC”) § 18.78.040, an appeal placed on the consent calendar may receive full Council review only if three Councilmembers vote to remove it from consent. We respectfully urge you to do so. Please note that this appeal in no manner seeks to block or delay the project. Mr. Zhang seeks only reasonable, standard health and safety protections that the City indisputably has both authority and obligation to impose, as explained further below. I. BACKGROUND In September 2025, the Planning Department tentatively approved Individual Review Application No. 25PLN-00102 for demolition of an existing 1,286 square foot residence built in 1938 and construction of a new 2,380 square foot two-story residence with attached ADU. Mr. Zhang timely requested a Director’s Hearing, Palo Alto City Council December 5, 2025 Page 2 raising concerns about the absence of enforceable conditions to protect his family, including a prematurely born infant, a one-year-old, and a three-year-old, from exposure to hazardous materials, construction dust, diesel particulate matter, and excessive noise during demolition and construction. (See request, Attachment 1.) His children’s bedrooms and primary play areas are located close to the shared property line, placing them in close proximity to demolition activities. Specifically, Mr. Zhang advised the Planning Director that: • No asbestos or lead survey has been required, despite the age of the structure and the high likelihood that both hazardous materials are present; • No enforceable dust-control, perimeter monitoring, containment, or diesel- emissions reduction measures have been identified or imposed; • No enforceable construction-noise mitigation has been imposed, even though PAMC §§ 9.10.010 and 9.10.030 obligate the City to protect residents from excessive and unreasonable noise; and • The City’s reliance on a categorical exemption under CEQA Guidelines § 15303 is not adequately supported by substantial evidence in light of “unusual circumstances,” namely the presence of sensitive receptors feet away from demolition of a pre-1940 building containing potential hazardous materials with no documented mitigation. Following a hearing held September 10, 2025, the Planning Director upheld the approval without adding any new conditions of approval. (See Decision Letter, Attachment 2.) The Director’s decision letter vaguely asserted that “conditions related to hazardous material compliance, specifically asbestos and lead-based paint, are addressed at building permit in accordance with state and federal regulations,” and that “standard measures for dust control are also applied during earthmoving activities in accordance with Bay Area Air Quality Management District [BAAQMD] requirements.” However, the decision failed to identify what these “conditions” and “measures” actually were; failed to cite the applicable provisions of the PAMC or BAAQMD Guidance; and failed to impose any enforceable permit conditions. Mr. Zhang timely appealed the Director’s decision to the City Council pursuant to PAMC Section 18.77.075. That appeal is scheduled to appear on the Palo Alto City Council December 5, 2025 Page 3 consent calendar for the December 8, 2025 Council meeting. Under PAMC Section 18.78.040(a)(2), removal from the consent calendar requires three votes. II. The Appeal Raises Substantial Issues of Public Health, Safety, and Municipal Code Compliance That Warrant a Hearing by the City Council. A. Documented Vulnerability of Sensitive Receptors Attached hereto is a letter from Mr. Zhang’s children’s pediatrician, Dr. Yi Ding, M.D., FAAP, of the Palo Alto Medical Foundation Department of Pediatrics. (Attachment 3.) Dr. Ding’s letter provides medical documentation that infants and young children are significantly more vulnerable to environmental exposures than adults due to: (1) developing lungs and immune systems; (2) more rapid breathing rates resulting in greater inhalation of airborne particles per body weight; and (3) increased risk of respiratory irritation, infection, and long-term pulmonary complications from dust, particulate matter, and asbestos exposure. Dr. Ding further emphasizes that demolition and construction noise occurring during daytime hours pose a significant risk of disrupting the essential sleep cycles of the infant and toddlers, cycles that are medically documented as critical for neurological development, growth, and immune function. Dr. Ding specifically recommends enhanced dust control measures, stricter containment of hazardous materials, efforts to minimize noise during critical sleep hours, and prompt communication about construction timelines. This medical evidence confirms that Mr. Zhang's children constitute “sensitive receptors” as defined by the California Air Resources Board1 and creates a factual record that cannot be dismissed with vague, unspecific assurances of future regulatory action “at the building permit stage.” 1 CARB defines “sensitive receptors” as including “children, elderly, asthmatics and others whose are at a heightened risk of negative health outcomes due to exposure to air pollution.” (See https://ww2.arb.ca.gov/capp/cst/rdi/sensitive-receptor-assessment .) Palo Alto City Council December 5, 2025 Page 4 B. The Director’s Decision Acknowledges Health and Safety Issues But Provides Only Vague, Non-Enforceable Assurances. The Planning Director’s decision (Attachment 2) repeatedly defers protection of these documented sensitive receptors to an unspecified “building permit stage” (see p. 2), but fails to provide any transparency or accountability regarding what protections will actually be required. Specifically, the decision: • Asserts that hazardous material conditions will be “addressed at building permit in accordance with state and federal regulations,” but does not cite or identify which regulations; • States that dust control measures will be “applied during earthmoving activities in accordance with Bay Area Air Quality Management District requirements,” but does not cite or identify which BAAQMD requirements; • Provides no citations to specific PAMC sections, state statutes, federal regulations, or BAAQMD rules; • Imposes no project-specific, enforceable conditions despite documented presence of sensitive receptors and virtual certainty of lead-based paint and asbestos being present in the 1938 structure; • Leaves Mr. Zhang, the public, and the Council with no ability to determine what protections will be required or how compliance will be verified and enforced. This approach violates basic principles of land use approval transparency and public participation. Once demolition begins, any failure to require surveys, containment procedures, or noise controls in advance becomes irreversible. If City Planning Staff knows what requirements will apply “at the building permit stage,” those requirements should be disclosed now and written into enforceable conditions of approval with specific regulatory citations. If the City does not know what requirements will apply, then the approval is premature and the environmental review inadequate.2 2 Please also note that during administrative communications in July, City staff acknowledged an offer by the applicant to install a sound-dampening barrier along the shared property line. This commitment, however, was omitted from the final conditions of approval without explanation, leaving no enforceable requirement for a measure that staff previously viewed as appropriate. Palo Alto City Council December 5, 2025 Page 5 C. The Director’s Decision Ignores Applicable Requirements of the Palo Alto Municipal Code. PAMC Section 9.10.010 declares it City policy to protect residents from “excessive, unnecessary and unreasonable noises from any and all sources in the community,” and that “[i]t is the intention of the city council to control the adverse effect of such noise sources on the citizen under any condition of use, especially those conditions of use which have the most severe impact upon any person.” Here, no enforceable noise controls have been identified or imposed on the project, despite documented presence of noise-sensitive toddlers and an infant immediately adjacent. Additionally, PAMC Section 18.12.110(e) expressly authorizes the Director to impose “reasonable conditions or restrictions” in individual review approvals “if appropriate or necessary to protect the public health, safety, general welfare, or convenience.” Here, the Director declined to exercise this authority despite clear need and documentation of vulnerability. These are not minor technical issues. They go to the fundamental question of whether the City will require meaningful, enforceable protections for documented sensitive receptors as required by the PAMC, or simply approve projects with unspecified assurances that “it will all be handled later.” D. CEQA Compliance Concerns The project relies on a Class 3 categorical exemption under CEQA Guidelines Section 15303. However, the “unusual circumstances” exception of Guidelines Section 15300.2(c) likely applies here due to sensitive receptors (infant and toddlers) residing immediately adjacent to the demolition site, which almost certainly contains lead-based paint and asbestos-containing materials given its age; the fact that no investigation or documentation of the presence or absence of hazardous materials has occurred; and no enforceable conditions have been imposed to prevent exposure to lead, asbestos, fugitive dust, diesel particulate matter, or excessive noise. These circumstances create a reasonable possibility of significant adverse environmental impacts to sensitive receptors, rendering the categorical exemption Palo Alto City Council December 5, 2025 Page 6 inapplicable. At a minimum, the Council should hear evidence on this issue before allowing the exemption to stand. III. The Council Should Remove the Appeal from Consent to Ensure Transparency, Public Participation, and a Legally Adequate Record. Again, Mr. Zhang is not seeking to stop or delay the project. He is requesting that the City impose standard best management practices as enforceable conditions of approval before demolition begins. Specifically: 1. Pre-Construction Meeting with Neighbors: Require a meeting between the City inspector, contractor, and adjacent neighbor to review the schedule, high- noise activities, dust controls, construction management plan, haul routes, and complaint protocol. Deliverables should include a one-page contact sheet with a 24/7 site supervisor phone number and email. 2. Temporary Acoustic Barrier: Install a continuous sound wall along the shared property line prior to demolition and framing, at least 10 feet tall with a surface density ≥ 1.0 psf (or STC/NIC ≥ 25), with no gaps at seams or grade. Verified with dated photos and product specs submitted to the City. 3. Best Practices for Noise Control: Use broadband backup alarms, prohibit unmuffled compressors or generators, and locate stationary equipment away from the shared property line. Limit high-noise activities such as demolition, saw- cutting, and hammering to 10:00 a.m.–1:00 p.m. where practicable, with 72-hour advance notice to neighbors. Prohibit construction activities on weekends and holidays. 4. Dust, Lead, and Asbestos Control Measures: a. Require licensed asbestos and lead surveys before permit issuance. b. Mandate licensed abatement contractors with third-party clearance reports filed with the City. c. Require BAAQMD demolition/renovation notifications and disposal manifests. Palo Alto City Council December 5, 2025 Page 7 d. Implement Dust Control Measures per BAAQMD guidelines (continuous wet methods, haul truck covers, track-out prevention, no visible dust crossing the property line). e. Conduct perimeter PM2.5 spot monitoring at the shared property line during demolition/major grading, with daily logs submitted to the City and neighbors. 5. Traffic, Staging, and Public Safety: Submit a Construction Management Plan identifying haul routes, staging, dumpster and concrete washout locations on- site, and protections to ensure the shared fence remains undamaged. 6. Communication, Complaints, and Enforcement: Post a 24/7 site supervisor phone number at the site, maintain a complaint/response log available to the City, and authorize the City to issue stop-work orders for material or repeated violations. These measures represent standard industry practices for demolition of pre- 1940 structures adjacent to occupied residential properties. They are not unusual or unreasonable. They should be written into the conditions of approval as enforceable permit requirements - not left to hope and assumption about what might happen at an unspecified future “building permit stage.” V. Conclusion We respectfully request that the Council vote to remove this appeal from the consent calendar and schedule it for full hearing. The appeal raises important policy questions appropriate for Council resolution, not consent calendar approval. Mr. Zhang and his children deserve more than vague assurances that their health will be protected at some unspecified future “building permit stage.” Like all Palo Alto residents, they deserve specific, enforceable conditions written into the permit before demolition begins, based on standard best practices and the City's own Municipal Code requirements. Palo Alto City Council December 5, 2025 Page 8 Thank you for your consideration of this request. Most sincerely, M. R. WOLFE & ASSOCIATES, P.C Mark R. Wolfe On behalf of John Zhang MRW: attachments ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 September 9, 2025 By Email Jonathan Lait, Planning Director City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 pdsdirector@paloalto.gov Re: 2451 Cowper Street (25PLN-00102); Director’s Hearing on Individual Review Application Dear Mr. Lait: This office represents John X. J. Zhang, the owner of the residence at 2450 Tasso Street, immediately adjacent and to the rear of 2451 Cowper Street. Mr. Zhang requested a Director’s Hearing following the Planning Department’s July 3, 2025 tentative approval of the Individual Review application for the above-referenced development project (“Project”). As explained in the body of this letter, the tentative approval fails to impose enforceable conditions to protect nearby residents, including Mr. Zhang’s newborn infant and one- and three-year old children, from exposure to hazardous pollutant emissions and excessive noise during demolition and construction of the project. Furthermore, the Project appears not qualify for the Class 3 categorical exemption from the environmental review provisions of the California Environmental Quality Act (“CEQA”) due to the presence of unusual circumstances. We therefore respectfully request that you DENY the application at this time, and instead direct your staff to develop adequate, enforceable mitigation measures as set forth further below. In their current form, the proposed conditions of approval focus largely on landscaping, tree protection, parking, and design conformance. They do not require the applicant to implement standard measures for dust-control, asbestos and lead abatement, or diesel particulate matter (“DPM”) emissions reduction in accordance with guidance from the Bay Area Air Quality Management District (“BAAQMD”). Jonathan Lait September 9, 2025 Page 2 The existing structure was built in 1938 and therefore is likely to contain both lead- based paint and asbestos-containing materials. In addition, the foreseeable use of diesel-powered construction equipment and trucks at the Project site will result in emissions of DPM, which the California Air Resources Board (“CARB”) has classified as a cancer-causing toxic air contaminant. As a result, in the absence of clearly defined and enforceable mitigation measures leaves Mr. Zhang’s family and other sensitive receptors1 in the vicinity vulnerable to exposure to: • Lead particles from disturbance of painted building surfaces during demolition. • Asbestos fibers from potential asbestos-containing materials in the existing home. • Fugitive dust/PM10 emissions from excavation, grading, and hauling activities. • Emissions of DPM a known carcinogen. • Construction noise at levels likely to exceed Palo Alto’s municipal code standard of no more than 6 dBA above ambient (PAMC § 9.10.030), adversely affecting the health and safety of nearby sensitive receptors, particularly infants. Please note that Palo Alto Municipal Code (“PAMC”) Section 18.40.270 requires that air contaminants such as smoke, dust, and odors be controlled and prevented from leaving the property, and authorizes the City to require applicants to demonstrate methods to minimize such contaminants. There is no indication that the City has required such a demonstration from the applicant here. Likewise, PAMC Section 9.10.010 declares that it is City policy to protect residents’ peace, health, and welfare from “excessive, unnecessary and unreasonable noises” from any source, and emphasizes control of noise under those conditions of use that most severely impact nearby persons. Allowing demolition and heavy 1 Sensitive receptors include “residences, schools, community resource centers, childcare facilities, parks, playgrounds, health care facilities, hospitals, nursing homes, live-in housing, and any building housing a business open to the public.” (CARB, SB 1137 Frequently Asked Questions, July 2025.) Jonathan Lait September 9, 2025 Page 3 construction immediately adjacent to a home with small children and an infant, without imposing enforceable noise controls, violates both the spirit and the letter of this policy. The proposed conditions of approval further fail to require compliance with best management practices for handing standard hazardous materials when older structures are demolished or deconstructed. These include: • Inspect: Before demolition, a trained professional must inspect pre- 1980s structures for asbestos, lead, and other hazardous materials. The subject home was built in 1938, yet there is no evidence that such an inspection has been conducted. • Protect: During removal, hazardous wastes must be segregated from other construction debris, with precautions to protect residents, neighbors, and workers from contaminated dust. No conditions of approval require protective measures such as containment, labeling, or safe on-site storage. • Dispose: Hazardous wastes must be lawfully disposed of under state and federal requirements to avoid environmental releases and liability. The City’s approval is silent on disposal procedures, tracking, or manifests, leaving a significant enforcement gap. These omissions leave adjacent residents, including sensitive receptors, even further at risk. We would also dispute the City’s determination that the project is categorically exempt from CEQA based on the Class 3 categorical exemption established by Section 15303 of the CEQA Guidelines. The “unusual circumstances” exception of section 15300.2 likely applies here. Sensitive receptors live immediately adjacent to the demolition site; there is no documentation of the presence or absence of hazardous materials in the existing 1938 structure; and the City has imposed no enforceable conditions to prevent exposure to lead, asbestos, fugitive dust, DPM, or excessive noise. These circumstances create a reasonable possibility of significant adverse environmental impacts, rendering the categorical exemption inapplicable. Jonathan Lait September 9, 2025 Page 4 Finally, while the July 3 tentative approval concludes that the Project meets all five of the City’s Individual Review (IR) Guidelines, staff’s own review flagged inadequate privacy screening (Guideline 5), and insufficient side/rear yard buffering under Guideline 1 (site planning). Unless these inconsistencies corrected with enforceable conditions, the project fails to satisfy the IR Guidelines. Moreover, staff’s IR comments explicitly recommended taller evergreen screening trees along the side and rear lot lines (e.g., Arbutus ‘Marina’ or Cherry Laurel) to protect privacy. Fortunately, the Planning Director has clear authority to impose additional mitigation requirements to rectify these omissions. PAMC Section 18.12.110(e) makes clear that in granting individual review approvals, “reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience.” Accordingly, to address the foregoing concerns and to establish an evidentiary record sufficient to support an overall finding of compliance with the PAMC, we respectfully request that the Planning Director deny the current application at this time, and subsequently impose the following enforceable mitigation measures in any future approval: 1. Pre-Construction Meeting with Neighbors: Require a meeting between the City inspector, contractor, and adjacent neighbor to review the schedule, high- noise activities, dust controls, construction management plan, haul routes, and complaint protocol. Deliverables should include a one-page contact sheet with a 24/7 site supervisor phone number and email. 2. Temporary Acoustic Barrier: Install a continuous sound wall along the shared property line prior to demolition and framing, at least 10 feet tall with a surface density ≥ 1.0 psf (or STC/NIC ≥ 25), with no gaps at seams or grade. Verified with dated photos and product specs submitted to Planning. 3. Best Practices for Noise Control: Use broadband backup alarms, prohibit unmuffled compressors or generators, and locate stationary equipment away from the shared property line. Limit high-noise activities such as demolition, saw- cutting, and hammering to 10:00 a.m.–1:00 p.m. where practicable, with 72-hour advance notice to neighbors. Prohibit construction activities on weekends and holidays. Jonathan Lait September 9, 2025 Page 5 4. Dust, Lead, and Asbestos Compliance (Inspect / Protect / Dispose): a. Require licensed asbestos and lead surveys before permit issuance. b. Mandate licensed abatement contractors with third-party clearance reports filed with the City. c. Require BAAQMD demolition/renovation notifications and disposal manifests. d. Implement Dust Control Measures per BAAQMD guidelines (continuous wet methods, haul truck covers, track-out prevention, no visible dust crossing the property line). e. Conduct perimeter PM2.5 spot monitoring at the shared property line during demolition/major grading, with daily logs submitted to the City and neighbors. 5. Traffic, Staging, and Public Safety: Submit a Construction Management Plan identifying haul routes, staging, dumpster and concrete washout locations on- site, and protections to ensure the shared fence remains undamaged. 6. Communication, Complaints, and Enforcement: Post a 24/7 site supervisor phone number at the site, maintain a complaint/response log available to the City, and authorize the City to issue stop-work orders for material or repeated violations. 7. Privacy Screening and Landscaping: Require installation of 12–15 ft evergreen screening trees (minimum 24-inch box size, e.g., Arbutus ‘Marina’, Cherry Laurel, or equivalent) along the rear and side lot lines to provide lasting privacy protection, consistent with staff’s IR recommendations. Imposition of the foregoing conditions will ensure adequate compliance with CEQA, BAAQMD Guidance, and the City’s own municipal code. We therefore once again respectfully request that the Planning Director deny the application at this time, and impose the foregoing mitigation requirements as enforceable conditions in any future approval. Jonathan Lait September 9, 2025 Page 6 Thank you for your consideration of these concerns. Most sincerely, M. R. WOLFE & ASSOCIATES, P.C Mark R. Wolfe On behalf of John X. C. Zhang MRW: cc: Claire Raybould, Manager of Current Planning (Claire.Raybould@paloalto.gov) Bhavani Potharaju, Project Planner (bpotharaju@m-group.us) ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 cc: John XJ Zhang Attachment: Conditions of Approval Property Owner September 17, 2025 Mike Ma MArch Design 569 Clyde Avenue, Unit #520 Mountain View, CA 94043 SUBJECT: 2451 Cowper Street- Individual Review Application 25PLN-00102 On September 17, 2025, the Director of Planning and Development Services conditionally approved Single Family Individual Review application 25PLN-00102 for a new two-story residence at 2451 Cowper Street. This approval was granted pursuant to the Palo Alto Municipal Code (PAMC) Sections 18.12.110 and 18.77.075. The conditionally approved project plan set received April 15, 2025, meets the Palo Alto Single Family Individual Review Guidelines, and complies with the R-1 zone district regulations and other applicable City regulations for development as conditioned. Prior to the approval becoming effective, a timely request for Director’s Hearing was received and a Director’s Hearing was held on September 10, 2025. On September 15, 2025, the Director of Planning and Development Services upheld the conditionally approved project. PROJECT DESCRIPTION The proposal is a request by Mike Ma of MArch Design for Single Family Individual Review to allow deconstruction of an existing 1,286 square foot one-story residence and a detached garage, and to allow the construction of a new 2,380 square foot two story single -family residence with attached one car garage and 799 square foot attached Accessory Dwelling Unit in the R1 zoning district , as shown on the plans received on June 9, 2025. DIRECTOR’S HEARING John XJ Zhang, residing at 2450 Tasso Street, requested a hearing within the 14-day hearing request period. Mr. Zhang expressed concern regarding noise impacts during construction, noting that they have a newborn baby arriving this fall and that the construction noise will impact their baby. Mr. Zang requested that construction hours be limited to 10AM -3PM with noon breaks to accommodate his newborn child’s nap schedule and that construction begin no earlier than March 2026. At the hearing, the appellant’s representative expressed concern that the City’s tentative approval did not protect nearby residents, especially young children, from hazardous materials and excessive noise. They argued that demolition of the 1938 structure could release lead, asbestos, dust, and diesel emissions, and that no enforceable conditions had been imposed to mitigate these risks. They also disputed the City’s reliance on a CEQA exemption and noted the project did not fully meet Individual Review Guidelines on privacy and buffering, urging denial until stronger safeguards were required. DECISION AND FINDINGS Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 2 of 9 The Director of Planning and Development Services finds that the project, as submitted on June 09, 2025 and as conditioned here, is in compliance with both the Municipal Code and the Individual Review Design Guidelines. The requirement to provide 24-inch box privacy screening trees on the rear and side yard property lines is already reflected in the approved plan set and reinforced in condition of approval #13 in the previously issued conditions of approval. Conditions related to hazardous material compliance, specifically asbestos and lead-based paint, are addressed at building permit in accordance with state and federal regulations. Standard measures for dust control are also applied during earthmoving activities in accordance with Bay Area Air Quality Management District requirements. Therefore, the addition of conditions of approval to address these requirements are not warranted. The project is required to comply with municipal code requirements for construction hours and noise levels. No new conditions of approval were added as a result of the Director’s Hearing. However, the Director modified three conditions below for clarity and accuracy, including removing a standard privacy related condition of approval for balconies (no balconies are proposed as part of this project), clarifying a condition relating to maintaining the ADU path of travel while also maintaining a planting area for the side yard screening trees, and revising the condition related to impact fees to remove references to public art fees, which are not required for accessory dwelling units. This approval will become effective 14 calendar days from the postmark date of this letter, unless an appeal is filed, as provided by Chapter 18.77.075 of the PAMC. An appeal may be filed by written request with the City Clerk before the date the Director’s decision becomes final. The written request shall be accompanied by a fee, as set forth in the municipal fee schedule. Only an applicant, or the owner or tenant of an adjacent property may appeal. As the plans may have been revised since the original submittal, interested parties may wish to review the tentatively approved plans online at the City’s Planning webpage bit.ly/PaloAltoProjects. If you need assistance reviewing the plans, you may visit the City’s Development Center at 285 Hamilton Avenue. A copy of this letter shall accompany all future requests for City permits relating to this approval. This approval expires in 12 months from the effective date. Should you have any questions regarding this approval, please feel free to contact Claire Raybould at claire.raybould@cityofpaloalto.org. Sincerely, Jonathan Lait, AICP Director of Planning and Development Services Attachment A: Conditions of Approval cc: John XJ Zhang, 2450 Tasso Street, Palo Alto, CA 94303 Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 3 of 9 Attachment A INDIVIDUAL REVIEW CONDITIONS OF APPROVAL 2451 Cowper Street 25PLN-00102 September 12, 2025 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, " ZHAO RESIDENCE, New Single Family Residence + Attached ADU, 2451 Cowper Street, Palo Alto,” uploaded to the Palo Alto Online Permitting Services Citizen Portal on June 09, 2025, as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. 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. Privacy trees as described in COA #13 as shown on Sheet A1.4, shall be minimum 24- inch box trees and at least 8 feet tall at the time of planting. b. Minimum 18 inches of planter area shall be provided between the fence line and the concrete walkway along the right side easternmost property lot line. c. Clearly delineate a walkway leading to the ADU entry Show the edge of the walkway next to the ADU and paved parking area next to the garage on the site plan with dimensions and/or notes for the 18-inch planting area along the fence line. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. OBSCURED/TRANSLUCENT GLAZING. All obscure glazing, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Obscure glazing is either decorative glazing that does not allow views through placed into the window frame or acid etched or similar permanent alteration of the glass. Films or like additions to clear glass are not permitted where obscure glazing is shown. Obscure glazing shall not be altered in the future and shall be replaced with like materials if damaged. If operable, these windows shall open towards the public right-of-way. 6. PRIVACY SCREENING. All screening, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Screening shall be a maximum of 15 percent open. Screening shall not be altered and shall be replaced with like materials if damaged. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 4 of 9 7. REQUIRED PARKING. All single-family homes shall be provided with a minimum of one covered parking space (10-foot by 20-foot interior dimensions) and one uncovered parking space (8.5 feet by 17.5 feet). 8. 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. 9. BAY WINDOWS. The four proposed bay windows shall have an interior base at least 1 8 inches above the floor joists, have no exterior skirt wall, projecting no more than two feet, shall have an interior height of no more than 7.5 feet (measured from the window seat to the underside of the roof), and with more than 50% window surface. Bay windows that do not meet this definition will be counted towards the homes floor area ratio (FAR), which may cause the home to be out of compliance with required Zoning standards. Any changes to proposed bay windows must first be reviewed and approved by the Director of Planning and Community Environment. 10. NOISE PRODUCING EQUIPMENT. All noise producing equipment shall be located outside of required setbacks, except they may project 6 feet into the required street side setbacks. In accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 11. DAYLIGHT PLANE. The daylight plane must clear the point where the wall plane intersects the top of the roof material. 12. IMPERVIOUS SURFACE. A minimum of 60 % of the required front yard shall have a permeable surface that permits water absorption directly into the soil (Section 18.12.040 (h)). The building permit plan set shall include a diagram demonstrating compliance. 13. REQUIRED IRLANDSCAPING/CANOPY REPLACEMENT TREES. The following landscaping is required to ensure the project’s conformance with the City’s IR Guidelines and/or the City’s tree canopy replacement requirements and therefore must remain for the life of the structure. The required screening trees and shrubs shall be a minimum size of 24-inch box and measure at least eight (8) feet tall at planting. a. Four 24-inch box trees shown as 16 on sheet A1.4, shall be planted and maintained at left side of the rear yard of the property. b. Two 24-inch box trees shown as 5 on sheet A1.4, shall be planted and maintained at the rear yard of the property. c. Four 24-inch box trees shown as 17 on sheet A1.4, shall be planted and maintained at right side of the rear yard of the property. 14. LANDSCAPING. All existing landscaping shall remain unless approved for removal in the approved plan set. Show tree protection fencing to all trees and shrubs intended to remain on site and for the street trees. The tree protection shall be shown in the plans submitted for building permit, as Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 5 of 9 shown on Sheet A1.4 and shall be installed at the beginning of construction. Landscape planting shall be installed as shown in the approved plans. Modifications to the landscaping plan shall be approved by Planning and Urban Forestry. 15. FENCES. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of the Palo Alto Municipal Code (PAMC). Heights of all new and existing fencing must be shown on the Building Permit plans. a. Where an existing fence is non-compliant, a new Code compliant fence shall be constructed in its place. 16. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $18,004.02 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit. 17. 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 th e development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90- DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judici al review must be sought is governed by CCP Section 1094.6. 18. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, fenestration and hard surface locations. Contact the planning department at 650 - 617-3117 or email Planner@CityofPaloAlto.org to schedule this inspection. 19. PERMIT EXPIRATION. The project approval shall be valid for a period of two years from the original date of approval. Application for a one year extension of this entitlement may be made prior to expiration, by emailing the Planning department at Planner@CityofPaloAlto.org. If a timely extension is not received, or the project has already received an extension and the applicant still wishes to pursue this project, they must first file for a new Plann ing application and pay the associated fees. This new application will be reviewed for conformance with the regulations in place at that time. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 6 of 9 20. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval author ized 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. URBAN FORESTRY 21. Please add a column in the Arborist report for tree removal to identify which of the non- protected trees are proposed for removal so that a no-net-loss of tree canopy replacement quantity can be calculated by Urban Forestry. Insufficient space for all replacement trees may be replaced by in-lieu fees in the amount of $650 per unplanted 24" box tree. 22. URBAN FORESTRY GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the Tree Protection Zone (TPZ). The ground under and around the tree canopy area shall not be altered. No waste material or construction byproducts are allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained as necessary to ensure survival. 23. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to the Contractor. Reporting, injury mitigation measures and arborist inspection schedule apply pursuant to TLTM Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree and Landscape Technical Manual , Section 3.02. 24. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading, digging, potholing, or trenching within the TPZ of a protected tree shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ= 10x the tree diameter at 54" above grade) For utility trenching, including sewer line, roots exposed with a diameter of 2 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then CPA Standard Detail #504 shall be printed on the final plans and the buffer distances in TLTM Table 3-4, Trenching and Tunneling Distance, shall be implemented by Contractor. Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of conducting any approved excavation within 10-feet of any street trees (or for any protected tree on EVSE projects). Urban Forestry may choose to monitor or review the work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards. 25. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and con struction scheduling as stated in the Tree Preservation Report and/or Sheet T-1 and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping or Urban Forestry inspection of the project is completed. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 7 of 9 26. NO NET LOSS OF CANOPY. In order to comply with the City’s no net loss of canopy policy (PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan, Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3 -1 in the Tree and Landscape Technical Manual, Section 3.02. New landscape tree plantings (24 inch box or larger) count towards the replacement total. Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in -lieu fees per each 24 inch box tree into the forestry fund. [Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC 8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned other than R1, RE, R-2, or RMD]. 27. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to Planning and Development Servi ces Department for review by Planning, Public Works, or Urban Forestry. ZERO WASTE 28. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction. 29. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail info@thereusepeople.org. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit. 30. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction PUBLIC WORKS CONDITION OF APPROVAL Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 8 of 9 The following shall be addressed prior to issuance of a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit and/or Encroachment Permit. 31. PUBLIC WORKS STANDARD CONDITIONS SHEET: The Department of Public Work’s full-sized "Standard Conditions" sheet shall be included in the improvement p lans and the applicant shall comply with all conditions listed in the sheet. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/pw-conditions-sheet-alternative-update-8.7.18.pdf 32. SIDEWALK, DRIVEWAY, CURB & GUTTER: The applicant shall meet with a Public Works inspector by calling 650-496-6929 to determine portions of sidewalk, curb, gutter, and driveway approaches that shall be replaced along the project frontage. These portions shall be indicated on the site improvement plans. In addition, a Site Inspection Directive sheet shall be completed, signed by the inspector, and scanned onto the plan set. The sheet can be obtained from a staff member of Public Works Engineering Services or at the following link: https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/pwe-site-inspection-directive_rev- 2021.pdf 33. DRIVEWAY APPROACHES: The applicant shall comply with all regulations in PAMC Chapter 12.08 for driveway approaches. A summary of those regulations can be obtained at the following link: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=69580.09&BlobID=66035 34. STORM WATER POLLUTION PREVENTION SHEET: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet shall be included in the improvement plans. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/v/1/publicworks/engineering- Services/webpages/forms-and-permits/rwq_stormwater_plansheet_final_bw.pdf 35. IMPERVIOUS SURFACE AREA WORKSHEET: The applicant shall fill out the Impervious Area Worksheet for Land Developments at the link below. The sheet shall be both emailed to pwecips@cityofpaloalto.org and included with the building permit submittal: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/impervious-area-worksheet-fillable.pdf 36. GRADING & DRAINAGE PLAN: The improvement plans shall be compliant with the “Grading & Drainage Guidelines for Residential Developments”. The sheet can be obtained at the following: https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/grading-drainage-residential-guidelines.pdf 37. C.3 STORMWATER REGULATIONS: This project creates or replaces over 2,500 square feet of impervious surface area. The applicant shall implement one or more of the following site design measures on improvement plans: a. Direct roof runoff into cisterns or rain barrels for reuse. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 2451 Cowper Street approval Individual Review 25PLN-00102 Page 9 of 9 b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct driveways, and/or uncovered parking lots with permeable surfaces. 38. STREETWORK PERMIT: All improvement plans shall include the following note adjacent to proposed work in the public right-of-way. “Any construction within the public right-of-way requires an approved Street work Permit from Public Works Engineering”. 39. DEMOLITION PLAN: The following note shall be placed adjacent to all affected trees on the Demolition Plan: “Excavation and trenching is restricted within the Tree Protection Zone (refer to T-1 Tree Protection Sheet) or as approved by the Urban Forestry Division at 650-496-5953. Any changes shall be approved by the same”. 40. CONSTRUCTION STAGING: All improvement plans shall include the following note on the Site Plan and the Grading & Drainage Plan. “All construction materials and equipment shall be staged, stored, and stockpiled onsite and not on any public street”. GREEN BUILDING & ENERGY REACH CODE REQUIREMENTS: 41. The proposed project shall conform with PAMC Section 16.14 (Green Building code) Information, ordinances and applications can be found at http://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. If you have any questions regarding Green Building requirements, please call the Green Building Consultant at (650) 329-2179 or send an email to GreenBuilding@CityofPaloAlto.org. Docusign Envelope ID: 32A497DE-F299-408C-8FA5-B3462A4A97C9 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 Name: Charles Zhang | DOB: 9/10/2025 | Legal Name: Charles Zhang September 29, 2025 To Whom It May Concern, I am the primary care physician for the Zhang family, who reside at 2450 Tasso Street in Palo Alto, adjacent to the property scheduled for demolition and construction. The family includes three young children: a newborn, a one-year-old, and a three-year-old. From a medical standpoint, infants and young children are significantly more vulnerable to environmental exposures compared to adults. Their lungs and immune systems are still developing, and they breathe more rapidly, resulting in greater inhalation of airborne particles per body weight. Prolonged or repeated exposure to dust, particulate matter, and potential contaminants such as asbestos can increase risks of respiratory irritation, infection, and long-term pulmonary complications. Additionally, continuous exposure to high levels of demolition noise poses concerns for this age group. Excessive noise may disrupt essential sleep cycles, which are critical for neurological development, growth, and immune function. While I understand that the City requires adherence to standard noise, dust, and asbestos regulations during demolition projects, I strongly recommend that additional precautions be considered in this case given the heightened medical sensitivity of these young children. Specifically, I urge the City to require: Enhanced dust control measures (e.g., continuous wetting, barriers, or filtration units near the property line). Stricter containment of potential hazardous materials, including asbestos. Efforts to minimize noise during typical infant and toddler sleep hours. Prompt communication with the family about timelines and high-impact activities so they may take protective measures. These additional steps would help mitigate preventable health risks to the children and ensure their environment remains as safe as possible during the demolition period. Thank you for your attention and consideration of this request. Please feel free to contact my office should you need any further medical input or documentation. Yi Ding, MD, FAAP Department of Pediatrics, Camino Division Palo Alto Medical Foundation SUTTER PEDIATRICS - MOUNTAIN VIEW 701 E EL CAMINO REAL MOUNTAIN VIEW CA 94040 Phone: 650-934-7956 Fax: 650-934-7953 10/3/25, 11:45 AM My Health Online - Letter Details https://myhealthonline.sutterhealth.org/MHO/app/letters/details?letterId=WP-24cA9zZA6ehJXevzEntNS-2Fng-3D-3D-24OtAm6Y-2BO0Z4vsdnqltjJJu8ql4x-2BsRY…1/2