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HomeMy WebLinkAbout2026-01-15 Architectural Review Board Agenda PacketARCHITECTURAL REVIEW BOARD Regular Meeting Thursday, January 15, 2026 Council Chambers & Hybrid 8:30 AM   Architectural Review Board meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. Visit https://bit.ly/PApendingprojects to view project plans and details. Board member names, biographies, and archived agendas and reports are available at https://bit.ly/paloaltoARB. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/96561891491) Meeting ID: 965 6189 1491 Phone: 1(669)900-6833   PUBLIC COMMENTS Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to arb@PaloAlto.gov and will be provided to the Board and available for inspection on the City’s website three days before the meeting. Please clearly indicate which agenda item you are referencing in your subject line. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson's presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. The Chair may limit Public Comments to thirty (30) minutes for all combined speakers. The Chair may reduce the allowed time to speak for Study Sessions and Action Items to two (2) minutes or less to accommodate a larger number of speakers. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to arb@PaloAlto.gov at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. CALL TO ORDER/ ROLL CALL   AGENDA CHANGES, ADDITIONS AND DELETIONS The Chair or Board majority may modify the agenda order to improve meeting management.   PUBLIC COMMENT Members of the public may speak to any item NOT on the agenda. Three (3) minutes per speaker.   CITY OFFICIAL REPORTS   1.Director's Report, Meeting Schedule, and Upcoming Agenda Items ACTION ITEMS Public Comment is Permitted. Applicants/Appellant Teams: Ten (10) minutes, plus ten (10) minutes rebuttal. All others: Three (3) minutes per speaker. 2.PUBLIC HEARING / QUASI-JUDICIAL. 2100-2400 Geng Road [24PLN-00356]: Recommendation on Site and Design to Demolish Four Existing Commercial Buildings and Construct 65 Three-Story Buildings Containing 145 For Sale Townhome Units. Thirteen Percent (19) of the Units Would Be Deed Restricted to Low Income Households. The Project Also Includes a Conditional Use Permit for the Residential Use and a Vesting Tentative Map to Merge Two Parcels and Re-Subdivide For Condominium Purposes Which Council will Consider In Conjunction with the Site and Design Application. The Project is Proposed in Accordance with Builder’s Remedy (California Government Code Section 65589.5(d)(5)). A Senate Bill 330 Pre-Application was Filed on July 8, 2024. CEQA Status: Exempt from CEQA in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency). Zoning District: ROLM (E)(D)(AD) -Research, Office and Limited Manufacturing (Embarcadero) with Site and Design and Automobile Dealership Combining Districts. 3.PUBLIC HEARING / QUASI-JUDICIAL. 3781 El Camino Real [24PLN-00161]: Recommendation on a Major Architectural Review Application to Demolish Commercial and Residential Buildings Located at 3727-3737 & 3773-3783 El Camino Real, 378-400 Madeline Court, and 388 Curtner Avenue, and to Construct a Seven-Story, Multi-Family Residential Housing Development Project with 183 Units, 13 Percent of Which Would be Provided at a Rate Affordable to Low Income. The Project is Proposed in Accordance with Builder’s Remedy (California Government Code Section 65589.5(d)(5)). A Senate Bill 330 Pre-Application was Filed on February 15, 2024. CEQA Status: Exempt Under AB 130 (Public Resources Code section 21080.66). Zoning Districts: CN (Commercial Neighborhood) and RM-30 (Multi-Family Residential). BOARD MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS OR FUTURE MEETINGS AND AGENDAS Members of the public may not speak to the item(s).   ADJOURNMENT   INFORMATIONAL REPORT The materials below are provided for informational purposes, not for action or discussion during this meeting’s agenda. Written public comments may be submitted in advance and will be provided to the Commission and available for public inspection on the City’s website three days before the meeting. A.Public Comments   PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1.Written public comments may be submitted by email to arb@PaloAlto.gov. 2.Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Board, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. ◦You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30, Firefox 27, Microsoft Edge 12, Safari 7. Certain functionality may be disabled in older browsers including Internet Explorer. ◦You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. ◦When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. ◦When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 3.Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Board, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions above. 4.Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Board. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 965 6189 1491 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@PaloAlto.gov. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. Item No. 1. Page 1 of 2 Architectural Review Board Staff Report From: Planning and Development Services Director Lead Department: Planning and Development Services Meeting Date: January 15, 2026 Report #: 2601-5803 TITLE Director's Report, Meeting Schedule, and Upcoming Agenda Items RECOMMENDATION Staff recommends the Architectural Review Board (ARB) review and comment as appropriate. BACKGROUND This document includes the following items: ARB meeting schedule Upcoming ARB agenda items Recently submitted and pending projects subject to ARB review Board members are encouraged to contact Samuel Tavera (Samuel.Tavera@PaloAlto.gov) to notify staff of any planned absences one month in advance, if possible, to ensure the availability of an ARB quorum. Approved projects can be found on the City’s Building Eye webpage at https://paloalto.buildingeye.com/planning. Any party, including the applicant, may request a hearing by the ARB on the proposed director’s decision(s) within the 10-day or 14-day appeal period by filing a written request with the planning division. There shall be no fee required for requesting such a hearing. However, there is a fee for appeals. Pursuant to 18.77.070(b)(5) any project relating to the installation of cabinets containing communications service equipment or facilities, pursuant to any service subject to Palo Alto Municipal Code Chapter 2.11, Chapter 12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13 is not eligible for a request for hearing by any party, including the applicant. No action is required by the ARB for this item. Item 1 Item 1 Staff Report     Packet Pg. 6     Item No. 1. Page 2 of 2 UPCOMING ARB AGENDA ITEMS The following items are tentative and subject to change: February 5, 2026 No items to report No new ARB projects were submitted since the last meeting. Attachment A: 2026 Meeting Schedule & Assignments : ARB Liaison1 & Contact Information   Steven Switzer, Senior Historic Planner   (650) 329-2321   Steven.Switzer@PaloAlto.gov 1 Emails can be sent directly to the ARB at the following email: ARB@PaloAlto.gov Item 1 Item 1 Staff Report     Packet Pg. 7     Architectural Review Board 2026 Meeting Schedule & Assignments 9 9 7 2 2026 Meeting Schedule Meeting Dates Time Location Status Planned Absences 1/1/2026 8:30 AM Hybrid Cancelled 1/15/2026 8:30 AM Hybrid Regular Adcock, Hirsch 2/5/2026 8:30 AM Hybrid Regular 2/19/2026 8:30 AM Hybrid Regular 3/5/2026 8:30 AM Hybrid Regular 3/19/2026 8:30 AM Hybrid Regular 4/2/2026 8:30 AM Hybrid Regular 4/16/2026 8:30 AM Hybrid Regular 5/7/2026 8:30 AM Hybrid Regular 5/21/2026 8:30 AM Hybrid Regular 6/4/2026 8:30 AM Hybrid Regular 6/18/2026 8:30 AM Hybrid Regular 7/2/2026 8:30 AM Hybrid Regular 7/16/2026 8:30 AM Hybrid Regular 8/6/2026 8:30 AM Hybrid Regular 8/20/2026 8:30 AM Hybrid Regular 9/3/2026 8:30 AM Hybrid Regular 9/17/2026 8:30 AM Hybrid Regular 10/1/2026 8:30 AM Hybrid Regular 10/15/2026 8:30 AM Hybrid Regular 11/5/2026 8:30 AM Hybrid Regular 11/19/2026 8:30 AM Hybrid Regular 12/3/2026 8:30 AM Hybrid Regular 12/17/2026 8:30 AM Hybrid Regular Assignments will be made by the ARB Chair January February March April May June July August September October November December Item 1 Attachment A - 2026 Meeting Schedule & Assignments     Packet Pg. 8     Item No. 2. Page 1 of 8 Architectural Review Board Staff Report From: Planning and Development Services Director Lead Department: Planning and Development Services Meeting Date: January 15, 2026 Report #: 2512-5692 TITLE PUBLIC HEARING / QUASI-JUDICIAL. 2100-2400 Geng Road [24PLN-00356]: Recommendation on Site and Design to Demolish Four Existing Commercial Buildings and Construct 65 Three- Story Buildings Containing 145 For Sale Townhome Units. Thirteen Percent (19) of the Units Would Be Deed Restricted to Low Income Households. The Project Also Includes a Conditional Use Permit for the Residential Use and a Vesting Tentative Map to Merge Two Parcels and Re- Subdivide For Condominium Purposes Which Council will Consider In Conjunction with the Site and Design Application. The Project is Proposed in Accordance with Builder’s Remedy (California Government Code Section 65589.5(d)(5)). A Senate Bill 330 Pre-Application was Filed on July 8, 2024. CEQA Status: Exempt from CEQA in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency). Zoning District: ROLM (E)(D)(AD) -Research, Office and Limited Manufacturing (Embarcadero) with Site and Design and Automobile Dealership Combining Districts. RECOMMENDATION Staff recommends the Architectural Review Board (ARB) take the following actions: 1. Consider the project exempt from CEQA in accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency) as documented in Attachment G; and 2. Recommend approval of the Site and Design application to the City Council based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B. EXECUTIVE SUMMARY Item 2 Item 2 Staff Report     Packet Pg. 9     Item No. 2. Page 2 of 8 The subject project was previously reviewed by the ARB on October 16, 2025. The October 16, 2025, staff report1 includes extensive background information, project analysis and evaluation to City codes and policies. BACKGROUND On October 16, 2025, the ARB reviewed the project. A video recording of the ARB’s meeting is available online.2 The ARB’s comments and the applicant’s response are summarized in the following table: ARB COMMENTS/DIRECTION APPLICANT RESPONSE Housing Typologies: The ARB emphasized there should be three different typologies on the project site and recommended that the applicant consider modifying some of the units to be attached duplexes as one option to provide a third typology. Material Palette: To better align with The Site Assessment and Design Guidelines for the Palo Alto Baylands Nature Preserve staff and the ARB recommended more muted colors. In particular, the ARB suggested the materials align with the renderings shown in the applicant’s presentation, which did not fully align with the materials presented on the materials board. Lighting: With proximity to the Baylands Nature Preserve, some ARB members expressed concerns with light pollution and requested more specifics. 1 October 16, 2025, ARB Meeting Agenda Item 2: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=16820 2 October 16, 2025, ARB Meeting Recording: https://www.youtube.com/watch?v=zd8bcdbWtUY%3Ffeature%3Dshare Item 2 Item 2 Staff Report     Packet Pg. 10     Item No. 2. Page 3 of 8 ARB COMMENTS/DIRECTION APPLICANT RESPONSE colored lighting. The lighting fixtures on the roof terraces are limited to the entry door, which is needed for safety. Photometric values were calculated to simulate 2700 K. The applicant has agreed to comply with the recently adopted dark sky lighting ordinance. Grade Changes/Retaining Walls: The ARB requested clarification on the proposed grade changes, including the location and height of grading and retaining walls, their appearance, and where railings would be required and how they would be designed. Some ARB members recommended exploring terraced retaining walls with integrated landscaping, particularly at the Geng Road entrance to help establish a distinctive entry. The applicant has provided sections on plan set pages L1.4 through L1.6 to illustrate the proposed grade changes on the project site. Detailed on L1.6, the applicant has included a terraced retaining wall design at the front entry of the project site adjacent to Geng Road. Additional features at the front entry include rock garden mounds with native plantings to further emphasize the front entry focal point. Rooftop Decks: The ARB requested clarification on the design and operation of rooftop terraces, including the type and appearance of railings, proposed lighting, and measures to address wind-related safety concerns such as unsecured umbrellas. Plan set page A.60 provides a section of a typical exterior wall. The rooftop terraces would utilize a parapet wall instead of a railing system. Second story balconies would utilize a horizontal metal cable railing system. Lighting would be limited to the entrances/exits onto the rooftop terrace. On December 10, 2025, the Planning and Transportation Commission (PTC) held a public hearing to review the proposed Site and Design and Conditional Use Permit (CUP) applications for the proposed residential development and the Vesting Tentative Map application for the lot merger and condominium subdivision. The PTC unanimously recommended approval to City Council, with a condition of approval to require compliance with the City‘s dark sky lighting ordinance and a recommendation that staff work with the applicant to increase the number of native trees planted on the site. On December 16, 2025, the Parks and Recreation Commission (PRC) unanimously recommended approval of the required Park Improvement Ordinance for project related tree impacts within dedicated parkland. The PRC’s recommendation will be forwarded to Council for a final decision on the Park Improvement Ordinance. ANALYSIS Item 2 Item 2 Staff Report     Packet Pg. 11     Item No. 2. Page 4 of 8 Staff evaluated the project in accordance with the Comprehensive Plan, Zoning Ordinance, and other applicable goals and policies of the City and found the project consistent or that the project otherwise deviates in a manner permissible under State law. Housing Accountability Act (Government Code 65589.5): The project constitutes a “housing development project,” as well as “housing for very low, low-, or moderate income households” under the Housing Accountability Act. The Housing Accountability Act Section 65589.5(d) states that a city cannot deny such a project or impose conditions of approval that would render it infeasible unless it makes specified findings. Among those findings are: (1) that the project would have a specific, adverse impact upon the public health or safety that cannot be mitigated. Because the project is a “builder’s remedy project,” as defined in Assembly Bill (AB) 1893, the City is further limited to only enforcing those objective standards that exist in a zone district or land use designation that allows the density requested. If there are no such zoning districts or general plan designations in the City, then the applicant may identify any City standards that facilitate the project and only those standards shall apply. If the project meets these identified standards, the City cannot impose conditions of approval that preclude the project from being constructed as proposed by the applicant. Because the project is a “builder’s remedy project,” as defined in AB 1893, the “base density” for purposes of State Density Bonus Law shall be the maximum density permitted for builder’s remedy projects (e.g. three times the density permitted in the zoning code or general plan). The project applicant is also able to utilize incentives, concessions, and waivers under State Density Bonus Law when demonstrating compliance with the enforceable standards. 5 The Comprehensive Plan land use designation for the project site is Research/Office Park, which 5 The Palo Alto Comprehensive Plan is available online: bit.ly/PACompPlan2030 Item 2 Item 2 Staff Report     Packet Pg. 12     Item No. 2. Page 5 of 8 states: "Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses… in some locations, residential and mixed-use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to 0.5, depending on site conditions. Consistent with the Comprehensive Plan, multifamily housing may be allowed in specific locations.” Because a portion of the site is identified as a Housing Inventory site in accordance with the City’s Housing Element, the proposed land use is consistent with the Comprehensive Plan. Housing Element Consistency One of the two parcels included in the proposed project is identified as a housing inventory site. The Housing Element anticipated the development of 175 units on this proposed site at moderate income limits. The project is a 145-unit development, of which 126 units will be market rate (above-moderate income) and nineteen units (13%) are designated to be provided at below-market rate (BMR) at a rate affordable to low-income households. Because none of the units would be provided at moderate income, as anticipated in the Housing Element, approval of this project would likely result in a shortfall of capacity for moderate income units in the Housing Element sites inventory that exceeds the City’s “buffer” for that income level. As a result, if the project is approved, the City will likely need to identify alternative sites for moderate income units within 180 days following the approval. Site Assessment and Design Guidelines The Site Assessment and Design Guidelines, Palo Alto Baylands Nature Preserve, developed in 2005, are intended to be used when designing or reviewing projects located in any part of the Item 2 Item 2 Staff Report     Packet Pg. 13     Item No. 2. Page 6 of 8 Baylands, including projects on privately-owned land. Conformance with these guidelines will help to ensure compatibility with the special aesthetic qualities and environmental conditions unique to the Baylands. The following design principles are suggested to reflect and preserve the Baylands’ unique landscape character and have been used to review this application: Use only muted, natural colors. Choose materials and finishes that will weather without degrading. Preserve the horizon line with low and horizontal elements. Mount fences, enclosures, and identity signs low to the ground. Reduce the size and mounting heights of regulatory sign. Palo Alto Comprehensive Airport Land Use Plan (CLUP) The CLUP is intended to be used to safeguard the general welfare of the inhabitants within the vicinity of an airport. The project site is located within the Traffic Pattern Zone, a portion of the airport area routinely overflown by aircraft operating in the airport traffic pattern. The potential for aircraft accidents is relatively low and the need for land use restrictions is minimal. Santa Clara County planning staff confirmed that Santa Clara County Airport Land Use Commission (ALUC) referral is not required for the project. The proposed 145-unit townhome development would not exceed density requirements as set forth in the adopted Comprehensive Plan and zoning and there are no limits on residential units within the Traffic Pattern Zone. Further, the development would be subject to a maximum height limit of 154 feet. 7 Attachment C includes a summary of the project’s consistency with zoning development standards, including the base ROLM (E)(D)(AD) zoning standards. It is worth noting that exclusively residential uses in the ROLM (E) District require compliance with the development standards prescribed for the RM-20 zoning district found in PAMC Chapter 18.13. 7 The Palo Alto Zoning Code is available online: bit.ly/PAZoningCode Item 2 Item 2 Staff Report     Packet Pg. 14     Item No. 2. Page 7 of 8 infrastructure, including bicycle racks and benches (PAMC Section 18.24.020(b)(4)) and PAMC Section 18.24.040(b)(6) for minimum six-foot side yard setbacks for detached units. However, mobility infrastructure is provided along sidewalks and paths to the primary building entries, and with condominium subdivisions setbacks are looked at from the parcel boundaries rather than individual units. Plans indicate the project’s compliance with these objective standards. STAKEHOLDER ENGAGEMENT   The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on January 2, 2026, which is 13 days in advance of the meeting. Postcard mailing occurred on December 30, 2025, which is 17 days in advance of the meeting. ENVIRONMENTAL REVIEW The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. An Initial Study (IS) Checklist to determine consistency with the Environmental Impact Report (EIR) (State Clearinghouse [SCH] #2014052101) certified in 2017 (“2017 EIR”) for the City of Palo Alto’s 2030 Comprehensive Plan was prepared for the project. Pursuant to CEQA Guidelines section 15183, the IS Checklist found that the Project is consistent with a Comprehensive Plan and the associated Comprehensive Plan EIR, with any project related effects substantially mitigated under uniformly applicable development policies or standards, see Attachment G. The IS Checklist was published on December 3, 2025. Item 2 Item 2 Staff Report     Packet Pg. 15     Item No. 2. Page 8 of 8 ALTERNATIVE ACTIONS Due to constraints on the total number of hearings allowed in accordance with SB 330, in addition to the recommended action, the Architectural Review Board may: ATTACHMENTS ARB Liaison9 and Author Contact Information  Steven Switzer, Senior Historic Planner   (650) 329-2321   Steven.Switzer@PaloAlto.gov 9 Emails can be sent directly to the ARB at the following email: ARB@PaloAlto.gov Item 2 Item 2 Staff Report     Packet Pg. 16     Gas Station #1 EMB 4 EMB-3 EMB-2 EMB-1 U.S. Post Office 717.7' 404.1' 98.4' 153.7' 5.2'19.5'26.6' 377.7' 693.0' 303.6' 330.0' 117.5' 198.0' 475.0' 290.4' 273.9' 175.0' 20.1' 345.2' 7.6' 172.1' 17.8' 31.4' 168.2' 99.8' 7.3' 60.5' 60.0' 31.4' 70.0' 72.0' 63.1' 19.3' 88.1' 30.0' 290.6' 52.3' 17.9' 207.4' 25.0' 103.7' 5.0' 191.2' 60.0' 73.2' 68.3'77.6'5.2'19.5' 124.0' 587.5' 349.6' 25.0' 278.9' 94.8' 349.6' 119.7' 58.3' 163.8' 187.2'45.7'25.0' 103.7' 132.8' 312.2' 272.9' 278.9' 262.6' 20.3' 747.80 169.0' 104.4' 1181.7' 587.5' 94.8' 30.0'28.0' 240.7 52.3' 26.8' 35.2' 27.3' 61.6' 14.8' 187.5' 6.3' 248.8' 236.4' 139.0' 18.7' 139.8' 162.5' 207.7' 168.3' 279.4' 240.6' 72.8' 46.7' 123.8' 175.0' 20.1' 418.5' 20.0' 452.1' 420.5' 345.2' 7.6' 241.3' 393.7' 230.0' 47.1' 129.2' 25.1' 84.3' 18.7' 139.0' 206.3' 312.7' 341.8' 229.3' 30.1' 358.7' 59.7' 115.1' 437.7' 149.5' 159.5' 57.6' 153.2' 281.9' 1.9' 89.8' 48.4' 39.5' 16.4' 386.6' 167.3' 171.5' 115.1' 59.7' 386.6' 169.1' 368.1' 32.7' 526.8' 265.6' 175.1' 248.8' 24.4' 76.5' 153.7' 77.6' 68.3'3.0' 108.7' 119.5' 148.9' 59.5' 108.7' 20.5' 41.1' 42.1' 161.9' 119.5' 66.5' 572.4' 1178.7' 150.6'377.7' 693.0' 303.6' 330.0' 117.5' 198.0' 475.0' 290.4' 273.9' 188.6' 159.5' 57.6' 153.2' 281.9' 438.6' 71.9' 148.9' 59.5'3.0' 73.2' 162.5' 207.7' 204.1' 89.1' 279.8' 47.1' 129.2' 25.1' 95.2' 38.9' 76.5' 38.9' 29.1'47.7' 42.1' 41.1' 393.7' 251.5' 42.8' 3.5'17.8' 172.1' 589.5' 180.0' 40.2' 50.5' 100.0' 1717 1731 1755 1766 2100 Bldg 1 2200 Bldg 2 2300 Bldg 3 2400 Bldg 4 2191 2197 2275 2479 2085 2225 2452 2450 2525 2370 1700 1735 1730 2000 1900 EAST BAYSHORE ROAD BAYSHORE FREEWAY EMBARCADERO ROAD EAST BAYSHORE ROAD WATSON COURT LAURA LANE GENG ROAD BAYSHORE FREEWAY BAYSHORE FREEWAY BAYSHORE FREEWAY O'BRINE LANE WEST BAYSHORE ROAD WEST BAYSHORE ROAD PF PC-4847 CS(D) GM ROLM (E)(D)(AD) PC-4846 ROLM (E)(D)(AD) ROLM (E)(D)(AD) ROW Baylands Athletic Center Tom Casey Field 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' 309' Attachment A Location Map 2100-2400 Geng Rd CITY OF PALO ALTO I NCO 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 sswitze, 2025-10-08 06:58:18 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Item 2 Attachment A - Location Map     Packet Pg. 17     1 4 9 8 4 ACTION NO. 2026-__ On _________, 2026, the City Council of the City of Palo Alto (“City Council”) approved a Site and Design application, Conditional Use Permit, and Vesting Tentative Map for development of 145 for sale townhome units (“the Project”). In approving the application, Council makes the following findings, determinations, and declarations: SECTION 1. Background. A. On July 8, 2024, Strada Investment Group filed a compliant pre-application in accordance with Senate Bill (SB) 330 and with California Government Code Section 65589.5(d)(5) (also known as Builder’s Remedy). B. On December 18, 2024, Strada Investment Group filed a Site and Design and Conditional Use Permit application (24PLN-00356) for 145 for sale townhome units to allow for the proposed multi-family development and use of the site. In addition, Strada Investment Group filed an application for a Vesting Tentative Map (24PLN-00357) to merge two existing lots to create a single resulting 480,230-square-foot parcel (11.02 acres) and to re-subdivide the lot for condominium purposes for 145 townhome units. The project includes the following density bonus waivers and concessions in accordance with State Density Bonus Law, and additional protections as a “builder’s remedy project,” under AB 1893: Waiver 1: Floor Area Ratio (0.97:1 where 0.5:1 maximum is allowed) Waiver 2: Height (42 feet where 30 feet maximum is allowed) Waiver 3: Front Setback (16.5 feet where 20 feet is required) Waiver 4: Rooftop Garden Width (Railings intersect a plane measured at a forty-five degree angle from the edge of the building sloping upward and inward toward the center of the unit) Waiver 5: Private street width (26 feet where 32 feet is required) Concession 1: Distribution of below market rate units. C. The project site is comprised of two existing lots (APN 008-02-035, Approximately 239,800 square feet and APN 08-02-036, Approximately 240,430 square feet). The site contains four existing office buildings. To the north of the project site is the Baylands Athletic Center that offers softball/baseball lighted fields on a six-acre facility. Adjacent uses to the south, east, and west are office buildings. D. Following staff review, the Architectural Review Board held a duly noticed public hearing to review the Site and Design application at an initial hearing on October 16, 2025, to provide feedback on the design. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 18     2 4 9 8 4 E. Following staff review of the Site and Design application, Conditional Use Permit, and Vesting Tentative Map, the Planning and Transportation Commission held a duly noticed public hearing to review the project and recommended approval on December 10, 2025, subject to conditions of approval. F. Following the Planning and Transportation Commission’s review of the project, the Architectural Review Board held a duly noticed public hearing to review the Site and Design application and recommended __________on ____________, 2026, subject to conditions of approval. G. On December 16, 2025 the Parks and Recreation Commission considered the associated Park Improvement Ordinance required for the project and recommended __________. H. On ___________, 2026 the City Council held a duly noticed public hearing at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures. SECTION 2. Environmental Review. The City, acting as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15183. An Initial Study (IS) Checklist to determine consistency with the Environmental Impact Report (EIR) (State Clearinghouse [SCH] #2014052101) certified in 2017 (“2017 EIR”) for the City of Palo Alto’s 2030 Comprehensive Plan found that the Project is consistent with a Community Plan or Zoning with any project related effects substantially mitigated under uniformly applicable development policies or standards. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division. SECTION 3. Site and Design Review Objectives. The design and architecture of the proposed improvements, as conditioned, comply with the Site and Design Objectives as required in Chapter 18.30.060(G) of the PAMC. 1. Objective (a): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The proposed project is located on two contiguous parcels located at 2100-2400 Geng Road. To the north of the project site is the Baylands Athletic Center that offers softball/baseball lighted fields on a six-acre facility. Adjacent uses to the south, east, and west are office buildings. While surrounding uses differ from the proposed residential use, the project site allows residential development with a conditional use permit. The colors and materials of the project are consistent with the Baylands Design Guidelines, such as using muted colors. Lighting would be downcast and the proposed landscaping would provide long-term visual screening along the property line abutting the Baylands Athletic Center. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 19     3 4 9 8 4 The project would not conflict with the City’s airport operations and is consistent with the adopted Comprehensive Airport Land Use Plan. Therefore, the project is consistent with this objective. 2.Objective (b): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations in the same or adjacent areas. 3.Objective (c): To ensure that sound principles of environmental design and ecological balance shall be observed. 4. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 20     4 4 9 8 4 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan opportunity site. The proposed multi-family use is allowed within this land use designation. Housing Element Policy 4.3 Implement development standards, objective design standards, and architectural and green building standards that encourage new high-quality rental and ownership housing. The project complies with the implemented standards except where requests for waivers or concessions in accordance with state density bonus law is provided. The project provides the necessary upgrades to infrastructure on the site to provide new high-quality ownership units. The project complies with all required green building requirements in accordance with state law and the city’s local reach code. Land Use and Community Design Element Policy L-6.1 Promote high-quality design and site planning that is compatible with surrounding development and public spaces. The project utilizes a muted material palette with natural colors and materials that will weather without degrading. The design aligns with The Site Assessment and Design Guidelines, intended to ensure compatibility with the special aesthetic qualities and environmental conditions unique to the Baylands. Policy L-9.2 Encourage development that creatively integrates parking into the project, including by locating it behind buildings or underground wherever possible, or by providing for shared use of parking areas. Encourage other alternatives to surface parking lots that minimize the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. 290 spaces would be provided in the townhome garages (70 tandem spaces) and 43 parking spaces would be provided along the private streets, including 4 accessible spaces. The frontage still provides a sidewalk, street trees and other greenery for an inviting streetscape. Policy L-9.4 Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation. The project includes private streets lined with trees as well as new short-term bicycle parking within the common area and bicycle parking in garage fronting the streets to promote active transportation. This improves the current office park design, which provides surface level parking along the project frontage. Policy L-9.9 Involve the Urban Forester, or appropriate City staff, in development review. The applicant has worked closely with the City’s Urban Forestry division to ensure that tree removals meet the goals of the Urban Forest Master Plan. The proposed 648 replacement trees would exceed the required 292 trees. Further, the applicant has also worked with Urban Foresty to develop a parkland improvement ordinance that would address Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 21     5 4 9 8 4 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan project related impacts to adjacent City trees on Parkland. Policy L-10.2 Regulate land uses in the Airport Influence Area to ensure consistency with the Palo Alto Airport Comprehensive Land Use Plan and the Baylands Master Plan. The project would not exceed density requirements as set forth in the adopted Comprehensive Plan and zoning and there are no limits on residential units within the Airport Traffic Pattern Zone. Further, the development would not exceed the maximum height limit of 154 feet. The project is conditioned to secure a Determination of No Hazard from the Federal Aviation Administration and the recording of an Avigation Easement and Deed Notice with the Vesting Tentative Map to ensure prospective buyers are made aware of the airport's existence and any potential impacts that the airport activity has on surrounding land uses. Transportation Element Policy T-3.7 Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, outdoor furniture, art and interesting architectural details. The project includes direct connections to the sidewalk that help to activate the frontage along Geng Road in addition to new street trees and plantings. Policy T-3.9 Support citywide sustainability efforts by preserving and enhancing the tree canopy where feasible within the public right-of- way, consistent with the Urban Forest Management Plan, as amended. The project meets the tree canopy replacement requirements through on site planting. The project includes removal of 218 trees and replaces with 648 trees, over which 50 percent would be California native species, and 57 would be coast live oaks and valley oaks. Urban Forest and Understory Policy N-2.3 Enhance the ecological resilience of the urban forest by increasing and diversifying native species in the public right-of-way, protecting the health of soils and understory vegetation, encouraging property owners to do the same and discouraging the planting of invasive species. The project will remove the existing 216 trees on site, and replace them with 648 new trees, an increase of 432 trees. Of the new trees, a majority will be native species and high habitat value species, including coast live oak, valley oak, and California buckeye. The understory is also designed to support native habitat. Shrubs & Grasses are nearly all California native species with a focus on high habitat value species. Policy N-2.11 Coordinate City review by the Urban Forester, Planning, Utilities, and Public Works Departments, of projects that might impact the urban forest. While the project will impact the urban forest, the replacement tree values will exceed what is required. The project will also include a parkland improvement ordinance to address the potential impacts to City trees on adjacent parkland. This ordinance includes provisions for a program to replace the impacted unhealthy non-native public trees over time. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 22     6 4 9 8 4 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan Flood Hazard and Mitigation Policy S-2.8 Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. The project site would be graded and raised out of the flood zone to meet minimum National Flood Insurance Program standards. The applicant submitted a Conditional Letter of Map Revision with FEMA. Following project construction a Letter of Map Revision from FEMA will officially revise the current NFIP map to show changes to floodplains, regulatory floodways, or flood elevations. SECTION 4. Conditional Use Permit Findings. Conditional Use Permit approval is based on the findings indicated under PAMC Section 18.76.010: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. A Conditional Use Permit is required for a residential use within the ROLM(E) Zone District. In the surrounding vicinity of the project site, there is a Post Office, International School of the Peninsula, two automobile agencies, and office uses. To the north of the project site is the Baylands Athletic Center that offers softball/baseball lighted fields on a six-acre facility. Adjacent uses to the south, east, and west are office buildings. With the conditions set forth in this record of land use action, which reduce lighting impacts of the proposed project within the Baylands setting, the project would not be detrimental to the public health, safety, general welfare or convenience to other property improvements in the vicinity. 2. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. The Comprehensive Plan land use designation for the project site is Research/Office Park, which states: "Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses… in some locations, residential and mixed-use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to 0.5, depending on site conditions. Consistent with the Comprehensive Plan, multifamily housing may be allowed in specific locations.” Because a portion of the site is identified as a Housing Inventory site in accordance with the City’s adopted Housing Element, the proposed land use is consistent with the Comprehensive Plan. Though the project exceeds the floor area ratio allowance set forth for this land use designation, the applicant requests a waiver in accordance with state density bonus law for the floor area; therefore, the increase in FAR may not be seen as inconsistent with the zoning ordinance or Comprehensive Plan. Additionally, the proposed application was filed in accordance with the Builder’s Remedy provision in the Housing Accountability Act. Therefore, inconsistency with the Comprehensive Plan land use designation is not a basis for Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 23     7 4 9 8 4 denial of a project. Because the project is a “builder’s remedy project,” as defined in AB 1893, the City is further limited to only enforcing those objective standards that exist in a zone district or land use designation that allows the density requested. Exclusively residential uses in the ROLM (E) District requires compliance with the development standards prescribed for the RM- 20 zoning district. The project applicant has identified incentives, concessions, and waivers under State Density Bonus Law to demonstrate compliance with the enforceable standards as detailed in Section 1. 1. The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. 2. The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 24     8 4 9 8 4 Design Guidelines with the use of muted colors. While the project mostly complies with the applicable objective standards applied to housing development projects within the ROLM(E) Zone District, the applicant has identified waivers pursuant with State Density Bonus Law and Builder’s Remedy provisions as detailed in Section 1. 3. The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. 4. The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). 5. The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. 6. The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 25     9 4 9 8 4 In accordance with the City’s Green Building Regulations, the project will satisfy the requirements for CALGreen Mandatory + Tier 2. This is demonstrated on the GB sheets in the plan set. The project also is designed to accommodate future recycled water improvements should they be available in the future, consistent with the municipal code requirements for this area. SECTION 6. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is consistent with the Comprehensive Plan as described below. There is no adopted specific plan for this project site. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: There is no adopted specific plan for this project site. The proposed vesting tentative map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi-family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The proposed density (13 DU/AC) is consistent with the allowance for multifamily residential in specified locations in the Research/Office Park land use designation of the Land Use Element. The project replaces four existing office buildings with 145 for sale townhome units with thirteen percent of the units (19 units) deed restricted to serve low-income households. Nineteen (19) units (13%) are designated to be provided at below-market rate (BMR) at a rate affordable to low-income households (80% of Area Median Income or below). The project improves the city’s jobs housing imbalance consistent with the Housing Element’s goals and policies. 3. That the site is not physically suitable for the type of development: The Project site is suitable for multi-family residential development in that it’s located on a site designated on the City’s Land Use Map that allows for multi-family uses and identified as a housing inventory site in the Housing Element. The proposed resulting parcels meet the minimum code requirements for the ROLM(E) zone district with respect to lot area, width and depth. The proposed number of condominium units for the project site complies with the applicable densities set forth in the land use element. 4. That the site is not physically suitable for the proposed density of development: Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 26     10 4 9 8 4 The proposed development would create a total of 145 townhome residential units which is 13 dwelling units (DU) per acre (total project site is 11 acres). This density complies with the minimum and maximum allowable residential density as calculated for the total site area under the zoning code (11-20 DU/acre = 121-220 DU). Building, Palo Alto Fire Department, Planning, Transportation, Zero Waste, and Public Works Engineering have reviewed the requested density bonus waiver to permit a minimum 26-foot street width to ensure that all necessary requirements for safety, including but not limited to, fire safety and traffic safety (e.g. curb cut location, turning radius, etc.) have been met as well as to ensure that the street allows for proper function of the site (e.g. trash pickup). 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 27     11 4 9 8 4 it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public access easements for access through, or use of, the property. Existing public utility easements would either continue to be used or otherwise vacated and new utility easements created as part of the mapping process to reflect modifications to the location of utility infrastructure. SECTION 7. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 9 of this Record of Land Use Action. SECTION 8. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by CBG Civil Engineers titled “Vesting Tentative Map 2100-2400 Geng Road For Condominium Purposes City of Palo Alto, California”, stamped as received November 25, 2025, except as modified to incorporate the conditions of approval in Section 9. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 9. Conditions of Approval Site and Design Permit. PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "2100-2400 Geng Road, Palo Alto, CA” stamped as received by the City on November 25, 2025, on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 28     12 4 9 8 4 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. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary. Landscaping along the rear lot line between the project and Baylands Athletic Center shall be planted at a minimum height of 8 feet and maintained as a landscape screen for the life of the project in accordance with the code requirements for objective standards. 6. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 7. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified music shall be used for producing sound in or upon any open area, to which the public has access, between the hours of 11:00pm and one hour after sunrise. 8. PG&E ENCROACHMENT PERMIT. An encroachment permit is required prior to any temporary work or permanent improvements within PG&E easement. The project shall comply with any and all requirements of the encroachment permit. 9. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs, if proposed, shall conform to the requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the Director of Planning. 10. STANDARD REQUIREMENTS FOR UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL RESOURCES. No known archeological resources are present on or within the immediate vicinity of the site. However, as noted in the project description and per the City’s standard conditions, in the unlikely event that an archeological resource is unearthed during ground disturbing activities, work in the immediate area should be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is Native American in origin, then a Native American representative should also be contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the Native American representative, shall examine the find and make recommendations regarding additional work necessary to evaluate the significance of the find and the appropriate treatment of the resource. Recommendations could include, but are not limited to, invasive or non-invasive testing, sampling, laboratory analysis, Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 29     13 4 9 8 4 preservation in place, or data recovery. A report of findings documenting any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to the Director of Planning. 11. RETENTION OF A QUALIFIED ARCHAEOLOGIST AND ARCHAEOLOGICAL MONITORING. Prior to the start of ground-disturbing activities, the Applicant and/or subsequent responsible parties shall retain an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards (NPS 2020a) (Qualified Archaeologist) to carry out all cultural resources related work associated with the project and to oversee the implementation of all cultural resources mitigation measures. The Qualified Archaeologist shall possess experience and familiarity with historic-period and prehistoric archaeological resources in the region. The Qualified Archaeologist or other designated archaeologist working under the direction of the Qualified Archaeologist shall conduct full-time monitoring within native sediments to the project’s proposed maximum depths of disturbance. In general, archaeological monitoring shall be limited to initial ground disturbance which is defined as construction-related earthmoving of sediments from their native place of deposition and does not include any secondary movement of sediment that might be required for the project. The Qualified Archaeologist may adjust monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter archaeological deposits. The archaeological monitor shall maintain daily monitoring logs. Following the completion of construction, the Qualified Archaeologist shall prepare an archaeological monitoring report for submittal to the lead agency and the NWIC with the results of the archaeological monitoring program. 12. STANDARD REQUIREMENTS FOR THE PROTECTION OF NESTING BIRDS. As detailed in the project description and per the City’s standard conditions, vegetation or tree removal shall be prohibited during the general avian nesting season (February 1 – August 31), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site no more than 14 days prior to scheduled vegetation clearance and/or demolition activities. If nesting birds are found to be present, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) as determined appropriate by the biologist, shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). 13. STANDARD REQUIREMENTS FOR PM10 and PM2.5 Emissions. The following conditions shall be implemented during all phases of construction to control dust and exhaust at the project site in compliance with the Comprehensive Plan Policy N-5.5: Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 30     14 4 9 8 4 Cover all haul trucks transporting soil, sand, and other loose material off-site. Remove all visible mud or dirt track out onto adjacent public roads at least once per day using wet power vacuum street sweepers. The use of dry power sweeping is prohibited. Limit all vehicle speeds on unpaved roads to 15 miles per hour. Pave all new roadways, driveways, and sidewalks as soon as possible. Lay building pads as soon as possible after grading unless seeding or soil binders are used. Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 miles per hour. Wash off all trucks and equipment, including their tires, prior to leaving the site. Post a publicly visible sign with the name and phone number of an on-site construction coordinator to contact regarding dust complaints. The on-site construction coordinator shall respond and take corrective action within 48 hours. The sign shall also provide the City’s Code Enforcement Complaints email and number and the Air District’s General Air Pollution Complaints number to ensure compliance with applicable regulations. 14. CONSTRUCTION EQUIPMENT. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 Final emission standards for particulate matter (PM10 and PM2.5), if feasible. If Tier 4 Final equipment is not available for a particular piece of equipment, then use equipment that meets U.S. EPA emission standards for Tier 3 engines and include PM emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve an 80 percent reduction in PM exhaust in comparison to uncontrolled equipment. 15. VIBRATION ANALYSIS. Prior to issuance of a demolition permit, a list of all heavy construction equipment to be used for this project known to produce high vibration levels (e.g., tracked vehicles, vibratory compaction, jackhammers, hoe rams, clam shovel drop, and vibratory roller, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds. Smaller equipment (less than 18,000 pounds) shall be used near the property lines adjacent to sensitive buildings to minimize vibration levels to 0.3 in/sec PPV or less. For example, a smaller vibratory roller similar to a Caterpillar model CP433E vibratory compactor could be used when compacting materials within 20 feet of the adjacent conventional building. The smaller equipment intended to implement this requirement shall be individually identified among the list of Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 31     15 4 9 8 4 equipment required under the above condition as the subset of equipment allowed for use at the property lines. Select demolition methods that do not involve large impact tools such as hoe- rams within 20 feet of the adjacent conventional building. Portable jackhammers, saws, or grinders shall be used to minimize impacts to the ground. Avoid dropping heavy equipment and use alternative methods for breaking up existing pavement, such as a pavement grinder, instead of dropping heavy objects, within 20 feet of the adjacent conventional building. Designate a Disturbance Coordinator responsible for registering and investigating claims of excessive vibration. The contact information for the responsible party shall be clearly posted on the construction site. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 32     16 4 9 8 4 at prices affordable to lower income households. The project shall conform to the approved regulatory agreement, which shall be recorded prior to issuance of building permit or final map, whichever occurs first. All BMR units constructed under this condition shall be in conformance with the City’s BMR Program rules and regulations, as modified by the concession granted pursuant to State Density Bonus Law regarding unit distribution. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 20. FEDERAL AVIATION ADMINISTRATION NOTICE OF PROPOSED CONSTRUCTION. The applicant shall notify the Federal Aviation Administration (FAA) as required by FAR Part 77, Subpart B on FAA Form 7460-1, Notice of Proposed Construction or Alteration, for the proposed project including temporary construction equipment, such as cranes. A copy of the submitted form shall be submitted to the City of Palo Alto Planning Division as well as a copy of the FAA’s response to this form. 21. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $8,306,259.10 plus the applicable public art fee, per PAMC 16.61.040, prior to the issuance of the related building permit(s). Impact fees may be paid at occupancy in accordance with the requirements under PAMC 16.64.030. 22. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6 23. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of two years from the date of issuance of the entitlement. If within such two-year period, the proposed use of the site or the construction of buildings has not commenced, the Planning entitlement shall expire. Application for a one-year extension of this entitlement may be made prior to expiration. 24. FINAL INSPECTION. A Planning Division Final inspection will be required to determine Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 33     17 4 9 8 4 substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Steven Switzer at Steven.Switzer@PaloAlto.gov to schedule this inspection. 25. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC ART 26. The applicant has selected to pay the public art in-leiu fee as an alternative to constructing public art on site. Prior to issuance of a building permit, the applicant shall pay the required in-lieu contribution to the Public Art Fund. The Public Art Program team will need to verify the Construction Valuation with an outside consultant. Contact the Public Art Program at the time you apply for Building permit to begin this verification process. All information and application materials may be found at paloalto.gov/public art under the Policies and Documents tab. PUBLIC WORKS ENGINEERING 27. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.paloalto.gov/Departments/Public-Works/Engineering-Services/Forms-and- Permits 28. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 29. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS: As part of the plan review for improvements within the public right-of-way, any existing improvements to be re-used by the project, which are not to current City standards and are not specifically in these project conditions (such as streetlights, utility covers and lids, etc.), shall be upgraded to current City standards as required by the Director of Public Works and the Director of Utilities. 30. MODIFICATIONS TO EXISTING PUBLIC UTILITIES: The Developer is responsible for any changes or modifications to existing utilities, streets, and public infrastructure within or adjacent to the project site. This includes, but is not limited to, the relocation of utility Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 34     18 4 9 8 4 facilities, conduits, or vaults required due to grade changes in the sidewalk area resulting from the development. 31. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS: The Developer is responsible for repairing any damage to existing public improvements fronting or adjacent to the project site caused by construction, to the satisfaction of the Public Works Department. 32. EXISTING UTILITY ABANDONMENT AND/OR RELOCATION: The Developer is responsible for researching all existing utility lines to ensure there are no conflicts with the project. Any existing utility lines (public or private) or their appurtenances that conflict with the project or do not serve it must be capped, abandoned, removed, relocated, or disposed of to the satisfaction of the City. 33. RE-USE OF EXISTING STORM DRAINS: The re-use of existing City storm drain service lines and appurtenances is subject to City review and approval. The Developer’s contractor shall expose the existing storm drain facilities during construction for City inspection or provide video documentation of their condition. Any deficient facilities, as determined by Public Works, must be replaced by the Developer. 34. STORM DRAIN TRIBUTARY PATTERN: This project must follow the existing storm drain tributary pattern. Any deviations require additional analysis and approval by Public Works during building plan review. The project shall not negatively impact the drainage pattern for adjacent properties. 35. GRADING AND EXCAVATION PERMIT: A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Add the following note: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” 36. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc. 37. CIVIL ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 35     19 4 9 8 4 subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan. 38. SOILS ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use. 39. DIRECT CONNECTIONS TO STORM DRAIN SYSTEM: If the project proposes to replace and/or add connections to the City maintained storm drain system, then the applicant may be responsible for improvements to the system. These improvements may include, but not limited to, upsizing the storm drain facility, replacing or adding City standard catch basins, pipes and manholes. THIS MAY INCLUDE REPLACING BRICK AND MORTAR MANHOLES. The extent of required improvements will be at the public works staff discretion and shall be consistent with Storm Drain Master Plan and Public Works Construction Standards. Any work on the city's storm drain systems requires permits and inspection by Public Works inspectors. 40. CCTV OF STORM DRAIN SYSTEM: Post construction the applicant may be required to provide CCTV inspection of the City’s storm drain facilities to verify that any lines were not broken, cracked or damaged during construction. The video shall be high resolution and done by professional who is familiar with the process and meticulous. A CCTV inspection video is required for new storm drain connection (s) to verify proper connections were made into the City’s system and that no construction material was left behind. Videos of storm drain system may also be required where construction occurred less than 5-ft from the city’s storm drain system. Videos shall be provided from structure to structure, such as manhole to manhole. Contractor may want to conduct their own inspection in advance of construction to verify the existing pipe integrity. If existing damages are located, they shall be reported to Public Works inspectors prior to the start of construction. If not reported, the contractor may be responsible to restore the pipe segment as determined by Public Works prior to final. 41. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”. 42. SWPPP: This proposed development will disturb more than one acre of land. Accordingly, the applicant shall apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 36     20 4 9 8 4 obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post-development project design features and temporary measures employed during construction. 43. FLOOD ZONE: This project is in a FEMA Special Flood Hazard Area and shall comply with the requirements in Palo Alto Municipal Code Chapter 16.52 and the California Residential Code Section 322 (CRC 322). 44. CLOMR-F: Evidence that this document has been executed shall be provided prior to building permit issuance. 45. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 46. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. 47. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 48. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. Submit the following: a. Provide a stamped and signed C.3 data form (April 2024 version) from SCVURPPP. https://scvurppp.org/2024/09/19/provision-c-3-data-form-2024/ b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 49. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit final. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 37     21 4 9 8 4 50. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. WASTE-GAS-WATER UTILITIES 51. All CPAU redline comments in planning permit plans shall be incorporated prior to building permit approval. PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required) 52. The applicant shall submit a request to disconnect utility services and remove meters. The utilities demo is to be processed within 10 working days after receipt of the request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. 53. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet for the City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 54. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes, electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the duct bank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas. 55. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). 56. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services/laterals. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 38     22 4 9 8 4 57. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA's for domestic service shall be lead free. Show the location of the RPPA on the plans. 58. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD-12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City owned meter, within 5' (feet) of the property line or City Right of Way. 59. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 60. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 61. If a new water service line installation for fire system usage is required. Show the location of the new water service on the plans. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire department's requirements. 62. Each unit or building shall have its own water meter and gas meter shown on the plans. Each parcel shall have its own water and gas service and sewer lateral connection shown on the plans. 63. A sewer lateral per lot is required. Show the location of the new sewer lateral on the plans. A profile of the sewer lateral is required showing any possible conflicts with storm, electric/communications ductbanks or other utilities. 64. All existing water, and gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 65. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1' horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains/laterals/water services/or Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 39     23 4 9 8 4 meters. New water or wastewater services/laterals/meters may not be installed within 10' of existing trees. Maintain 10' between new trees and new water and wastewater services/laterals/meters. 66. The following requirements apply for the offsite improvements of the City of Palo Alto water distribution system (including but not limited to water main, meter, hydrant, services, etc.). 67. Third-Party Beneficiary: the City of Palo Alto shall be a Third-Party Beneficiary of this Project. 68. Before building application approval, developer must prepare a hydraulic model of the planned drinking water utility improvements, and the developer shall complete the water system planning review application and submit to CPAU WGW development services group. 69. Before building application approval, the developer must submit detailed design plans for the new public water main on street B shown on the preliminary utility plan dated September 26, 2025 to the City of Palo Alto Utilities (CPAU) for review and approval. 70. Before building application approval, design plans must adhere to CPAU standards, guidelines, and revision comments set forth by the CPAU WGW Engineering Division. Incorporate CPAU’s design comments into revised plans and resubmit for final approval. 71. Before building application approval, develop and submit for approval a phasing plan detailing construction of the new public water main, and abandonment of the existing public water main located in the existing easement adjacent to the Baylands Athletic Center. Phasing plan shall include work activities for abandonments, maintaining water service, and protection of public water mains. 72. The existing public water main located in the existing easement adjacent to the Baylands Athletic Center provides critical water flow and fire flow to the nearby City water distribution network. A public water main with the existing capacity shall always be in service during all phases of construction. 73. Permittee/Contractor warranty and “Guarantee to Repair Period a. In addition to the guarantee to repair referenced below and any specific warranty mentioned in the Project specifications, Permittee’s Contractor warrants that all materials and equipment used in or incorporated into the Project will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Project will be of good quality and free from defects; and that the Project will conform with the requirements of the Permit Documents and Applicable Code Requirements. If required, Permittee/Contractor shall furnish satisfactory Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 40     24 4 9 8 4 evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Project and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions. b. The Guarantee to Repair Period will commence upon the first dates of actual occupancy or use of portions of the Project, as reflected in the City's final notice of acceptance. c. City of Palo Alto “Guarantee to Repair Period”: Permittee/Contractor shall: i. Correct defective work that becomes apparent during the progress of the work or during the Guarantee to Repair Period (one year from the City's Final Notice of Acceptance); and ii. Replace, repair, or restore to City's satisfaction any other parts of the work and any other real or personal property which is damaged or destroyed as a result of defective work or the correction of defective work, without any expense whatsoever to City. City will give notice of observed defective work with reasonable promptness to the Permittee/Contractor, and Permittee/Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. The Permittee/Contractor shall diligently and continuously prosecute such correction to completion. The Permittee/Contractor shall bear all costs of such correction, replacement, repair, or restoration and all losses resulting from such defective work, including additional testing, inspection and compensation for City's services and expenses. The Permittee/Contractor shall perform corrective work at such times that are acceptable to City and in such a manner as to avoid disruption, to the extent practicable. Ordinary wear and tear, unusual abuse, or neglect are excepted from this guarantee. Permittee/Contractor shall notify City upon completion of repairs. The Insurance requirements from the City's Street Work Permit will apply throughout the Permittee/Contractors Guarantee to Repair period. PUBLIC WORKS ELECTRIC UTILITIES 74. UTILITY EASEMENT REQUIRED. Prior to energization, a public utility easement is required to provide access to the proposed transformers. This can either be provided through separate instrument and documented on the tentative and final map or dedicated through the tentative and final map process. 75. UTILITIES APPLICATION. Changes to existing electric utilities equipment on site, such as the transformer, will require a utilities application. Submit a utilities application and obtain City of Palo Alto Utilities Electrical Engineering approval for the modifications to the electrical system. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 41     25 4 9 8 4 76. UTILITY DISCONNECT. The applicant shall submit a request to disconnect all existing utility services proposed for removal, including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and, as applicable, removed. PUBLIC WORKS ZERO WASTE Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 42     26 4 9 8 4 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.paloalto.gov/deconstruction. PUBLIC WORKS WATER QUALITY PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT: 84. Stormwater treatment measures: a. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. b. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (download here: http://scvurppp-w2k.com/c3_handbook.shtml) for details. 85. Stormwater quality protection: a. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. b. Drain downspouts to landscaping (outward from building as needed). c. PAMC 16.09.180(b)(5) Condensate from HVAC -Condensate lines shall not be connected or allowed to drain to the storm drain system. Drain HVAC fluids from roofs and other areas to landscaping. d. Offsite downgrade storm drain inlets shall also be identified on this plan set and protected. If City staff removes protection from an inlet in the ROW during a rain event, the contractor shall replace the inlet protection by the end of the following business day. PUBLIC WORKS URBAN FORESTRY 86. URBAN FORESTRY STANDARD CONDITIONS: In addition to any project specific Urban Forestry Conditions of Approval listed here, the Urban Forestry Standard Conditions listed on the T-1 Sheet Set included in the plans for this project still apply. 87. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO): During the permit phase of the project, applicant must provide all components of an MWELO submission for review. Please see the document titled “Model Water Efficient Landscape Ordinance (MWELO) Compliance Submittals and Guidelines” (https://paloalto.gov/civicax/filebank/documents/76159) to determine the specific submission requirements for the project scope. Please follow the instructions in the above document when submitting your MWELO package as part of the permit application and plan set. 88. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all tree protection, tree inspection schedules, design recommendations, construction impact mitigation measures, and construction scheduling as stated in the Tree Preservation Report by Hort Science Bartlett Consulting dated August 2025 and any standard measures listed in Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 43     27 4 9 8 4 the T-1 Sheet Set, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. 89. PROJECT ARBORIST REQUIRED: The property owner or contractor shall hire a designated arborist to ensure the project conforms to all Planning and Urban Forestry conditions related to landscaping/trees. The project arborist must be included in a mandatory preconstruction meeting and be present during any rough grading and trenching activities occurring within 10-feet of a Tree Protection Zone, and for any approved activities inside a Tree Protection Zone. 90. PROJECT ARBORIST CERTIFICATION FORM REQUIRED: During the building permit phase, the project arborist must submit an online form [https://us.openforms.com/Form/2262bf1ac26f-4c04-8daa-15dbd9c8e08e] certifying that they have reviewed the building permit plan set with regards to trees as well as any Urban Forestry Conditions of Approval, and that all requirements have been met. The letter also confirms that any required site monitoring inspections and reporting have been arranged in advance with the contractor or owner. Project Arborist Certification Forms should be included as supporting documents when submitting an application for a building permit that required prior approval through Planning (See Project Arborist Certification Form, TLTM Section 5.03.5). 91. MONTHLY ARBORIST INSPECTIONS REQUIRED: The project arborist shall perform monthly inspections to monitor changing conditions and tree health. The Urban Forester shall be in receipt of an inspection summary during the first week of each calendar month or, immediately if there are any changes to the approved plans or protection measures. Reports should be submitted via the online form [https://us.openforms.com/Form/ca5003f1-6836-4789-b534-b4dff1d457b1] (see Tree Monitoring Reports, TLTM Section 5.03.6). 92. TREE PERMIT REQUIRED: Plans indicate that protected trees will be removed as part of this project. Before scheduling tree removal or demolition activities, contact the Urban Forestry review staff for the project or email trees@paloalto.gov to obtain a Protected Tree Removal Permit to ensure that the project complies with PAMC 8.10.050. 93. REQUIRED STREET TREES: Based on plans submitted with this application, a minimum of five (5) new street trees will be required. These trees must be a minimum of 24” Box size and be planted per City of Palo Alto Standard Drawings 603 or 604 depending on planting locations. Irrigation to new street trees is required per City of Palo Alto Standard Drawings 510 or 513 depending on planting locations. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 44     28 4 9 8 4 SECTION 10. Conditions of Approval Conditional Use Permit. Planning Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 45     29 4 9 8 4 SECTION 11. Conditions of Approval Vesting Tentative Map. Planning 1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled “Vesting Tentative Map 2100-2400 Geng Road For Condominium Purposes City of Palo Alto, California”, prepared by CBG Civil Engineers and submitted November 25, 2025, except as modified to incorporate the conditions of this approval. 2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 3. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto’s Municipal Code provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R’s. a. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas within the property, shall at all times comply with the City’s Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 46     30 4 9 8 4 any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 47     31 4 9 8 4 l. SEVERABILITY. Invalidation of any one of the City’s required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4. ADDITIONAL CC&R REQUIREMENT. The CC&Rs shall also include a provision that dictates the responsibilities of residents for the trash pickup for the townhomes as shown in the approved plan set. 5. AVIGATION EASEMENT. Dedication of an avigation easement to the County of Santa Clara shall be required prior to building permit issuance. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of the Palo Alto Airport Comprehensive Land Use Plan (CLUP). https://plandev.santaclaracounty.gov/hearings-and-committees/airport-land-use- commission 6. AVIGATION DEED NOTICE. Prior to building permit issuance a deed notice shall be required to be recorded with the County Clerk-Recorder disclosing that the property is subject to routine overflights and associated noise and other impacts by aircraft operating at a nearby airport. The deed notice shall be similar to that shown in Exhibit 2 in Appendix A of the Palo Alto Airport Comprehensive Land Use Plan (CLUP). https://plandev.santaclaracounty.gov/hearings-and-committees/airport-land-use- commission 7. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision, as detailed in the Site and Design Approval Conditions. At the time of the final map. parkland dedication in-lieu fees shall be required to be paid or may be deferred to occupancy in accordance with the requirements under PAMC 16.64.030. 8. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Public Works Engineering 9. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 48     32 4 9 8 4 https://www.paloalto.gov/Departments/Public-Works/Engineering-Services/Forms-and- Permits 10. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. THE AGREEMENT SHALL BE EXECUTED PRIOR TO MAP RECORDATION OR ISSUANCE OF ANY PERMITS FOR CONSTRUCTION, ONSITE AND OFFSITE. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount. 11. FINAL MAP: This project is subject to, and contingent upon the approval of a tentative map and recordation of a Final Map. The submittal, approval and recordation of the Map shall be in accordance with the provisions of the California Subdivision Map Act and Palo Alto Municipal Code Title 21 Subdivision requirements. All existing and proposed property lines, easements, dedications shown on the tentative map are subject to City’s technical review and staff approval during the map process prior to issuance of any construction permits. 12. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 13. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS: As part of the plan review for improvements within the public right-of-way, any existing improvements to be re-used by the project, which are not to current City standards and are not specifically in these project conditions (such as streetlights, utility covers and lids, etc.), shall be upgraded to current City standards as required by the Director of Public Works and the Director of Utilities. 14. MODIFICATIONS TO EXISTING PUBLIC UTILITIES: The Developer is responsible for any changes or modifications to existing utilities, streets, and public infrastructure within or adjacent to the project site. This includes, but is not limited to, the relocation of utility facilities, conduits, or vaults required due to grade changes in the sidewalk area resulting from the development. 15. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS: The Developer is responsible for repairing any damage to existing public improvements fronting or adjacent to the project site caused by construction, to the satisfaction of the Public Works Department. 16. EXISTING UTILITY ABANDONMENT AND/OR RELOCATION: The Developer is responsible for researching all existing utility lines to ensure there are no conflicts with the project. Any existing utility lines (public or private) or their appurtenances that conflict with the project or do not serve it must be capped, abandoned, removed, relocated, or disposed of to the satisfaction of the City. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 49     33 4 9 8 4 17. RE-USE OF EXISTING STORM DRAINS: The re-use of existing City storm drain service lines and appurtenances is subject to City review and approval. The Developer’s contractor shall expose the existing storm drain facilities during construction for City inspection or provide video documentation of their condition. Any deficient facilities, as determined by Public Works, must be replaced by the Developer. 18. STORM DRAIN TRIBUTARY PATTERN: This project must follow the existing storm drain tributary pattern. Any deviations require additional analysis and approval by Public Works during plan review. The project shall not negatively impact the drainage pattern for adjacent properties. 19. GRADING AND EXCAVATION PERMIT: A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Add the following note: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” 20. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc. 21. CIVIL ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan. 22. SOILS ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use. 23. DIRECT CONNECTIONS TO STORM DRAIN SYSTEM: If the project proposes to replace and/or add connections to the City maintained storm drain system, then the applicant Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 50     34 4 9 8 4 may be responsible for improvements to the system. These improvements may include, but not limited to, upsizing the storm drain facility, replacing or adding City standard catch basins, pipes and manholes. THIS MAY INCLUDE REPLACING BRICK AND MORTAR MANHOLES. The extent of required improvements will be at the public works staff discretion and shall be consistent with Storm Drain Master Plan and Public Works Construction Standards. Any work on the city's storm drain systems requires permits and inspection by Public Works inspectors. 24. CCTV OF STORM DRAIN SYSTEM: Post construction the applicant may be required to provide CCTV inspection of the City’s storm drain facilities to verify that any lines were not broken, cracked or damaged during construction. The video shall be high resolution and done by professional who is familiar with the process and meticulous. A CCTV inspection video is required for new storm drain connection (s) to verify proper connections were made into the City’s system and that no construction material was left behind. Videos of storm drain system may also be required where construction occurred less than 5-ft from the city’s storm drain system. Videos shall be provided from structure to structure, such as manhole to manhole. Contractor may want to conduct their own inspection in advance of construction to verify the existing pipe integrity. If existing damages are located, they shall be reported to Public Works inspectors prior to the start of construction. If not reported, the contractor may be responsible to restore the pipe segment as determined by Public Works prior to final. 25. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”. 26. SWPPP: This proposed development will disturb more than one acre of land. Accordingly, the applicant shall apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post-development project design features and temporary measures employed during construction. 27. FLOOD ZONE: This project is in a FEMA Special Flood Hazard Area and shall comply with the requirements in Palo Alto Municipal Code Chapter 16.52 and the California Residential Code Section 322 (CRC 322). 28. CLOMR-F: Evidence that this document has been executed shall be provided prior to building permit issuance. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 51     35 4 9 8 4 29. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 30. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. 31. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 32. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. Submit the following: c. Provide a stamped and signed C.3 data form (April 2024 version) from SCVURPPP. https://scvurppp.org/2024/09/19/provision-c-3-data-form-2024/ d. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 33. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit final. 34. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. SECTION 9. Terms of Approval. 1. Site and Design Application. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 52     36 4 9 8 4 and be of no further force or effect. An extension may be granted in accordance with the allowances set forth in the municipal code and state law. 2. Conditional Use Permit. The project approval shall be valid for a period of two years from the original date of approval. In the event the use does not commence within the time limit specified above, the approval shall expire and be of no further force or effect. An extension may be granted in accordance with the allowances set forth in the municipal code. Additionally, following commencement, a Use Permit that has not been used for a period of one (1) year or more shall become null and void (PAMC 18.77.100). 3. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Vesting Tentative Map approval, the Vesting Tentative Map shall expire and all proceedings shall terminate. An extension may be granted in accordance with the allowances set forth in the municipal code and the Subdivision Map Act. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ___________________________ ___________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 53     37 4 9 8 4 PLANS AND DRAWINGS REFERENCED: Those plans titled “C5_2100-2400 Geng Road” consisting of 101 pages, dated and submitted November 25, 2025. Those plans titled “C5_2100-2400 Geng Road VTM PLANS ” consisting of 12 pages, dated and submitted November 25, 2025. A copy of these plans are on file with the Department of Planning and Development Services. Item 2 Attachment B - Draft Record of Land Use Action     Packet Pg. 54     ATTACHMENT C 2100-2400 Geng Road, 24PLN-00356 Table 1: COMPARISON WITH CHAPTER 18.20 (ROLM (E) DISTRICT) Note: Exclusively Residential Use is subject to RM-20 District Standards. Regulation Required Proposed Minimum/Maximum Site Area, Width and Depth 8,500 sf area, 70 foot width, 100 foot depth APN 008-02-035: Approximately 748 feet wide, 300 feet deep, 239,800 square feet APN 08-02-036: Approximately 1178 feet wide, 500 feet deep, 240,430 square feet Total: 480,230 square feet (~11 acres) Minimum Front Yard 20 feet 16.5 feet Rear Yard 10 feet 10 feet Street Side Yard 16 feet N/A Interior Side Yard (for lots greater than 70 feet in width) 10 feet 10 feet Max. Building Height 30 feet 42 feet Max. Site Coverage 35% (plus an additional 5% for covered patios or overhangs)29% Max. Total Floor Area Ratio RM-20: 0.5:1 *ROLM HIS site: 1.5:1 0.98:1 Residential Density 11 to 20 units per acre 145 total units on 11 acres = 13.18 units per acre Minimum Site Open Space 35%43.8% Minimum Usable Open Space 150 sf per unit (21,750 sf)90,402 sf Minimum Common Open Space 75 sf per unit (10,875 sf)28,294 sf Minimum Private Open Space 50 sf per unit (7,250 sf)62,108 sf Item 2 Attachment C - Zoning Consistency     Packet Pg. 55     Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking) for Multiple-Family Residential Type Required Proposed Housing 2 per 2-bedroom or larger unit; 290 spaces Tandem parking allowed for any unit requiring two spaces (one tandem space per unit, associated directly with another parking space for the same unit, up to a maximum of 25% of total required spaces for any project with more than four (4) units) 290 spaces Includes: 70 Tandem spaces (24%) in garages 43 additional on-street spaces including 4 Accessible stalls provided Vehicle Parking Total 290 Residential 333 Residential Bicycle Parking One (1) per unit; 145 Long-term One (1) per 10 units; 14.5 Short-term 145 Long-term 16 Short-term Item 2 Attachment C - Zoning Consistency     Packet Pg. 56     City of Palo Alto - Objective Design Standards Checklist Page 1 Objective Design Standards Checklist The Objective Design Standards Checklist is a tool to evaluate a project’s compliance with the Zoning Ordinance (Chapter 18.24). The Checklist is not the Zoning Ordinance. Applicants shall be responsible for meeting the standards in the Zoning Ordinance. To simplify evaluation of the Zoning Ordinance, language in the Checklist may vary from the Zoning Ordinance. (Note: sf = square feet) If a standard is not applicable to applicant’s project, please write N/A in Applicant’s Justification column. 18.24.020 Public Realm/Sidewalk Character Check Standard Sheet # Applicant’s Justification (b)(1) Sidewalk Widths ☐ • Commercial Mixed-Use District: CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD: 10 ft • El Camino Real: 12 ft • San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft And consists of: Pedestrian clear path width of 8 foot minimum: feet Landscape or furniture area width of 2 foot minimum: feet ☐ If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided. ☐ through lot with a public access easement, leading to a commercial entry) must ☐ (C) The width of walkways designed to provide bicycle access (e.g. pathway to bike racks/lockers) must be at least 12 feet wide, consisting of: Pedestrian clear path width (8 feet min.): ft allowed): ft & ft N/A as property is within the ROLM zone, not within a Commercial Mixed-Use District, not along El Camino Real, and not along San Antonio Road N/A as no public sidewalks or walkways will connect through the property; private walkways will be provided. N/A see above N/A see above N/A see above Two of the bike racks are located immediately adjacent to the main circulation drive so 12' pedestrian access is not required. The 4 bike racks on the central green is connected by a 8' wide walkway with min 2' buffers on either side. L1 8 2 2 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 57     City of Palo Alto - Objective Design Standards Checklist Page 2 Check Standard Sheet # Applicant’s Justification (B)(2) Street Trees ☐ 1. One street tree provided for every 30 linear feet of public sidewalk length and located within six feet of the sidewalk. a. Length of parcel frontage/public sidewalk length: ft b. Street Trees required (i.e. frontage/30 feet): ft c. Street Trees provided: ft (B)(3) Accent Paving ☐ • Brick paving at corners • Brick trim mid-block ☐ (B)(4) Mobility Infrastructure Pi c k On e ☐ (A) On-site micromobility infrastructure (e.g. bike racks/lockers) is located within 30 feet of the primary building entry and/or on a path leading to the primary OR ☐ Existing micromobility infrastructure (e.g. bike racks/lockers) is already located within 50 feet of project site and located in a public right-of-way. Pi c k On e ☐ (B) Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. On arterials (see Map T-5), except Downtown, seating areas or benches shall not ☐ Existing seating areas or benches that are already located in the public right-of-way within 50 feet of the building entry. N/A as the project does not abut University Avenue parking is provided in the garages. Bike paths to building entries so that they 154 5 5 ( two existing + 3 new ) Applicable frontage length 154' (north of the project entry). L1 L1.0 L1.1 L1.1 N/A - see above N/A - see above N/A as the project does not abut University Avenue Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 58     City of Palo Alto - Objective Design Standards Checklist Page 3 18.24.030 Site Access Check Standard Sheet # Applicant’s Justification (b)(1) Through Lot Connections ☐ Through lots located more than 300 feet from an intersecting street or pedestrian walkway shall provide a publicly accessible sidewalk or pedestrian walkway (with public access easements) connecting the two streets. (b)(2) Building Entries ☐ public right-of-way adjacent to the building, entries shall be located from a private (b)(3) Vehicle Access ☐ ☐ parking, off-street vehicle loading (delivery trucks), and vehicular circulation areas (b)(4) Loading Docks and Service Areas Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows: ☐ (A) Loading docks and service areas shall be located on façades that do not face a primary building frontage ☐ screened by a solid fence, or wall, or dense landscaping and separated from pedestrian access to the primary building entry to avoid impeding pedestrian N/A as the site is not a through lot located more than 300 feet from an intersecting street or pedestrian walkway N/A as no loading docks or service areas required or provided N/A - see above A.5.2 All homes are connected from a private street or a pedestrian walkway A.5.1, A.5.2 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 59     City of Palo Alto - Objective Design Standards Checklist Page 4 18.24.040 Building Orientation and Setbacks Check Standard Sheet # Applicant’s Justification (b)(1) Building Corner Elements (less than 40 feet in height) Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include all of the following features on their secondary building frontage: Ch e c k Al l ☐ (A) height and width of corner element shall have a ratio greater than 1.2:1. For townhomes, the width would be equal to the smaller side of one unit? a. Secondary building frontage height: feet b. Secondary building frontage length: feet c. Secondary building frontage height to width ratio: ☐ (B) minimum of 15% fenestration area. a. Total secondary building frontage façade area: sf b. Secondary building frontage façade fenestration area: sf c. Percent of fenestration area % ☐ (C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. (b)(2)(A) & (B) Treatment of Buildings Corners on Corner Lots (40+ feet in height) Corner Buildings 40 feet or taller in height shall include at least one of the following special features: Ch e c k On e or Mo r e wi t h i n A o r B A. Street wall is located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet on both facades meeting at the corner and includes one or more of the following building features: ☐ i. An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building. ☐ ii. A different material application and/or fenestration pattern from the rest of the façade. ☐ iii. A change in height of at least 4 feet greater or less than the height of the adjacent/abutting primary façade. N/A as project heights exceed 40 feet. A.10&A.22 N/A as project heights exceed 40 feet. N/A as project heights exceed 40 feet. Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 60     City of Palo Alto - Objective Design Standards Checklist Page 5 Ch e c k O n e o r Mo r e wi t h i n A or B B. An open space with a minimum dimension of 20 feet and minimum area of 450 sf. The ☐ i. A publicly accessible open space/plaza. ☐ ii. A space used for outdoor seating for public dining. ☐ iii. A residential Common Open Space adjacent to a common interior space (i.e. lobby, retail, etc.) and less than two feet above adjacent sidewalk grade. The primary building entry meets at least one of the following standards: Ch e c k On e or Mo r e ☐ A. Faces a public right-of-way. ☐ B. Faces a publicly accessible pedestrian walkway. ☐ C. Is visible from a public right-of-way through a forecourt or front porch that meets the following standards: i. For residential buildings with fewer than seven units, building entry forecourts or front porch minimum dimensions of (min. 36 sf and min. seven or more units, building entry forecourts or front porch minimum dimensions of (min. 100 sf and a min. width of 8 feet required): sf and ft. min. width (b)(4) Ground Floor Residential Units A. Finished Floor Height for Ground Floor Units ☐ The finished floor of ground floor residential units, when adjacent to a public right-of- way, must be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2a and 2b of the Zoning Ordinance. Calculate minimum ground floor finished floor height: A.6 A.5.2 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 61     City of Palo Alto - Objective Design Standards Checklist Page 6 Ch e c k Al l th a t Ap p l y ☐ Setback adjacent to public right of way: feet ☐ Minimum ground floor finished floor height: feet 𝟒𝟒𝟒𝟒 𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏 𝒚𝒚𝒚𝒚 = �− � (𝒙𝒙𝒙𝒙) + 𝟏𝟏𝟏𝟏𝟏𝟏𝟏𝟏 𝟑𝟑𝟑𝟑 where 𝑥𝑥𝑥𝑥 = setback length from back of walk, in feet and 𝑦𝑦𝑦𝑦 = ground floor finished floor height, in feet ☐ Sites with slopes greater than 2% along building façade – Average height of finished floor: feet ☐ Sites located in flood zones – the minimum ground floor finished floor height shall be defined by FEMA, less flood zone elevation: feet B. Setback Trees ☐ Ground floor units with a setback greater than 15 feet must have at minimum an average of one tree per 40 linear feet of facade length, within the setback area. Facade length: feet Trees required: tree(s) (i.e. façade length / 40) Trees provided: tree(s) C and D. Front Setback Pi c k On e ☐ C. Ground floor residential entries are setback a minimum of 10 feet from the back of public sidewalk; OR ☐ D. Where no minimum building setback is required, all ground floor residential units must be set back a minimum 5 feet from back of public sidewalk. 20 0 A5.1 and C2.0 The site is in a flood zone and there the finished floor height is determined by FEMA. the proposed finished floor height and not by the elevation of Geng Road ( public road) since the road is within the floodplain. 11 Ground floor units are setback greater than 15' only along Geng avenue 47'8" 2 8 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 62     City of Palo Alto - Objective Design Standards Checklist Page 7 Check Standard Sheet # Applicant’s Justification E. Unit Entry ☐ A minimum 80% of ground floor residential units that face a public right-of-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space for minimum. a. Total number of ground floor residential units facing a public right-of-way, publicly accessible path, or open space: units b. 80% of total units in (a): units sidewalk, path, or open space: entries public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly Ch e c k Al l th a t Ap p l y ☐ (A). Ground-floor retail or retail like uses have a minimum of 10% of the required setback as landscape or planters. ☐ (B). Ground-floor residential uses have a minimum of 60% landscaped area in the required setback area. (b)(6) Side Yard Setback Character ☐ wide, between the house and fence or other structure, to provide outdoor passage 145 116 145 3,121 SF L1 15' or greater setback only occurs on the front along Geng Road. A5.1 complies Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 63     City of Palo Alto - Objective Design Standards Checklist Page 8 18.24.050 Building Massing Check Standard Sheet # Applicant’s Justification (b)(1) Upper Floor Step Backs and Daylight Planes ☐ (A) When the height of the subject building is more than 20 feet above the average height (i.e. average of low and high roof elevations) of an adjacent building(s), an upper floor step back shall start within two vertical feet of the average height of the adjacent building. The step back shall be a minimum depth of six feet along both the façade on the primary building frontage and the façade facing the adjacent building, and the step shall occur for a minimum of 70% of i. Proposed building height: feet ii. Average building height of the adjacent building(s): feet iii. Building height where upper floor step back begins: feet ☐ (B) Notwithstanding, subsection (A), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height. ☐ (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. This daylight plane is required if all of these criteria are met: i. The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and ii. The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building(s); and iii. The project abuts residential units in the side or rear yard. (b)(2) Privacy and Transitions to Residential Uses shall break down the abutting façade and maintain privacy by meeting all of the following: N/A since there are no adjacent residential units N/A Proposed buildings are no more than 20 feet above the average height of adjacent commerical buildings N/A Proposed buildings are not adjacent to residential structures N/A since there are no adjacent residential units 42'2" 27 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 64     City of Palo Alto - Objective Design Standards Checklist Page 9 Ch e c k Al l ☐ (A) Landscape Screening. A landscape screen that includes a row of trees with a minimum one tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when ☐ (B) Façade Breaks. A minimum façade break of 4 feet in width, 2 feet in depth, and 32 sf of area (i.e. 8 ft tall minimum) for every 36 to 40 feet of façade length ☐ (C) Maximum Amount of Transparent Windows. Within 40 feet of an abutting structure, no more than 15% of the facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if fixed and common space windows) or private open space on an adjacent residential building, facing windows on the subject site shall meet the following: (i) Window sills at and above the 2nd floor shall be at least five feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below five feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from the adjacent privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and eight+ feet height at planting; 50% evergreens; and located to align with proposed space windows) or private open space on an adjacent residential building, balconies and decks on the subject site shall be designed to prevent views: (i) No sight lines to the adjacent property window or open space are permitted within five feet above the balcony or deck flooring and a 45- degree angle downward from balcony railing. (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space. (iii) Provide balcony/deck design measure which may include: a. Minimum 85% solid railing b. Obscure glass railing Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 65     City of Palo Alto - Objective Design Standards Checklist Page 10 (b)(3)(A) & (B) Maximum Façade Length - facing a street or public path Pi c k O n e Ca t e g o r y Buildings 70 feet in length or greater and greater than 25 feet in height ☐ For building facades 70 feet in length or greater and facing a public street, right- of-way, or publicly accessible path shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, of at least 2 feet in depth Largest façade length featuring continuous plane: feet Total Façade length: feet ☐ (A) Buildings 250 feet in length or greater, which face a public street, right-of- way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 sf and a width greater than or equal to two times the depth Total Building length: feet Number of vertical façade breaks: area Width: feet, Depth: feet, Area: sf ☐ (B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 sf and a minimum width of 8 feet and minimum depth of 4 feet. Total Building length: feet Number of vertical façade breaks: area N/A see above N/A see above N/A as buildings along Geng Road are not longer than 70' Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 66     City of Palo Alto - Objective Design Standards Checklist Page 11 Check Standard Sheet # Applicant’s Justification (b)(4) Special Conditions: Railroad Frontages Ch e c k Al l ☐ (A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length. ☐ (B) For portions of a building 20 feet or greater in height shall not have a continuous façade length that exceeds 60 feet. (b)(5) Diversity of Housing Types ☐ A diversity of housing types (e.g. detached units, attached rowhouses/townhouses, condominiums or apartments, mixed use) are required for projects on large lots: • Less than one acre lots: minimum 1 housing types • 1 to 2-acre lots: minimum 2 housing types; or • More than 2-acre lots: minimum 3 housing types 18.24.060 Façade Design Check Two or Standard Sheet # Applicant’s Justification (c)(1) Base-Middle-Top ☐ middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of three or more of the following four techniques: ☐ of the façade length feet, and shall include one or more of the following building features. A.6 Pullapart townhomes - Alley Townhomes- Alley N/A see above Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 67     City of Palo Alto - Objective Design Standards Checklist Page 12 Ch e c k on e or mo r e if se l e c t e d ☐ a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a minimum dimension of 2 feet from the primary facade. ☐ b. Upper floor step backs. A horizontal step back of upper-floor façades with a minimum 5 foot stepback from the primary façade for a minimum of 80% of ☐ c. Ground floor step back. A horizontal shift of the ground floor facade with a minimum depth of 2 feet for a minimum 80% of the length of the façade. ☐ ii. Variation in Façade Articulation: Façade articulation modulation shall include one or more of the following building features. Ch e c k on e or mo r e if se l e c t e d ☐ a. Horizontal and/or Vertical Recesses or Projections. Recesses or projections such as a pattern of recessed grouping of windows, recessed panels, bay windows or similar strategies. The recess or projection shall be a minimum 4 ☐ b. Horizontal and/or Vertical Projections. Projections such as shading, weather protection devices, decorative architectural details, or similar ☐ c. Datum Lines. Datum lines that continue the length of the building, such as parapets or cornices, with a minimum 4 inches in height or a minimum 2 and ☐ iii. Variation in two of the following: Ch e c k tw o if ☐ a. Fenestration Size ☐ b. Fenestration Proportion ☐ c. Fenestration Pattern ☐ d. Fenestration Depth or Projection ☐ iv. Variation in two of the following: Ch e c k tw o if ☐ a. Façade Material ☐ b. Facade Material Size ☐ c. Façade Texture and Pattern ☐ d. Façade Color A.9- A.26 A.9- A.26 A.9- A.26 A.9- A.26 A.9- A.26 A.9- A.26 A.9- A.26 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 68     City of Palo Alto - Objective Design Standards Checklist Page 13 (c)(2) Façade Composition Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following façade articulation strategies to create visual interest: Ch e c k Th r e e or Mo r e ☐ A. Vertical and horizontal recesses such as a pattern of recessed grouping of windows or recessed panels. The recess shall be a minimum 4 inches in depth. ☐ B. Vertical and horizontal projections such as shading and weather protection devices or decorative architectural details. Projections shall be a minimum 4 inches in depth. ☐ C. Datum lines that continue the length of the building, such as cornices, with a minimum 4 inches in depth, or a minimum 2 inches in depth and include a change in ☐ D. Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum 4 inches in depth. ☐ E. Screening devices such as lattices, louvers, shading devices, or perforated metal screens. ☐ F. Use of fine-grained building materials, such as brick or wood shingles, not to exceed 8 inches in either height or width. ☐ G. Incorporate a minimum of three colors, materials, and/or textures across the whole building. (c)(3) Compatible Rhythm and Pattern (A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with building modulation to create vertically oriented façades (height greater than the width of the façade), façade articulation and fenestration repetitive vertically oriented patterns. Depending on the length of the façade, the following standards apply: ☐ oriented patterns of vertical recesses or projections, façade articulation, and/or fenestration. Ch e c k On e ☐ a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical shift modulation for a minimum 4 feet in width to establish a vertical rhythm between 20 to 50 feet in width; OR A.9- A.26 A.9- A.26 A.9- A.26 A.9- A.26 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 69     City of Palo Alto - Objective Design Standards Checklist Page 14 ☐ b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm between 10 to 16 feet in width Ch e c k On e or Mo r e ☐ i. Vertical Patterns and Modulation: Façades shall use vertical patterns of building modulation, façade articulation, and fenestration. ☐ ii. Horizontal Patterns and Modulation: Façades that use horizontal articulation and fenestration patterns shall use a vertical massing strategy with a minimum 4 feet wide and 2 feet deep vertical shift in modulation at least once every 50 feet of ☐ Storefront uses must express a vertical rhythm not to exceed 30 to 50 feet in width. the number of people served (amount of floor-area or number of units accessed). Building entries shall meet the following minimum dimensions: Ch e c k Al l ☐ a. Individual residential entries: 5 feet in width ☐ b. Shared residential entry, such as mixed-use buildings: 8 feet in width ☐ c. Commercial building entry: 20 feet in width ☐ d. Storefront entry: 6 feet in width (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following: Ch e c k On e or ☐ a. Recess or projection from the primary façade plane (minimum 2 feet). ☐ b. Weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods (c)(5) Storefront/Retail Ground Floors A. Ground floor height shall be a minimum 14 feet floor-to-floor OR shall maintain a 2nd floor datum line of an abutting building. a. Ground floor height (minimum 14 feet): feet; OR b. Height of 2nd floor datum line of abutting building: feet N/A as all entries are private entries N/A as the project is not a mixed use N/A as the project is not a mixed use A.31- A.39 N/A as the project is not a mixed use Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 70     City of Palo Alto - Objective Design Standards Checklist Page 15 ☐ B. Transparency shall include a minimum 60% transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space. a. Façade area between 2 feet and 10 feet: sf b. Transparent glazing area between 2 feet and 10 feet: sf c. Percentage of transparent glazing (minimum 60%): % ☐ ☐ a. Weather protection width (minimum 6 feet): feet b. Weather protection depth (minimum 4 feet): feet ☐ display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection ☐ OR Pi c k On e ☐ Ground floor height (minimum 14 feet): feet; OR ☐ Height of 2nd floor datum line of abutting building: feet ☐ Façade area between 4 feet and 10 feet: sf Transparent glazing area: sf Percentage of transparent glazing (minimum 50%): % ☐ Weather protection width (minimum 6 feet): feet Weather protection depth (minimum 4 feet): feet N/A as the project is not a mixed use Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 71     City of Palo Alto - Objective Design Standards Checklist Page 16 (c)(7) Parking/Loading/Utilities (A) Entry Size ☐ carports, surface parking, loading entries, or utilities access. On sites with less than 100 Site frontage: feet (B) Above Ground Structured Parking ☐ open space/path, with the exception of vehicular alleys, must be lined with commercial or habitable uses with a minimum depth of 20 feet (C)&(D) Partially Sub-Grade Structured Parking ☐ ☐ 18.24.070 Residential Entries Pick One or More Standard Sheet # Applicant’s Justification (b)(1) Ground Floor Unit Entries Where ground floor residential unit entries are required, one or more of the following entry types shall be provided: ☐ N/A as no structured parking provided A.5.1, C2 204 12.3 N/A as no structured parking provided Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 72     City of Palo Alto - Objective Design Standards Checklist Page 17 Ch e c k Al l if ☐ (i) Stoops provide entry access for a maximum of two ground floor units. ☐ (ii) Stoop heights are within one step of finished floor height of adjacent unit. ☐ (iii) Stoop entry landings are a minimum 5 feet in depth ☐ (iv) The maximum stoop height from the back of sidewalk grade is 5 feet. ☐ (B) Porch Ch e c k Al l if ☐ (i) Porches provide entry access for a maximum of one ground floor unit. ☐ (ii) Porch heights are within one step of finished floor height of adjacent unit. ☐ (iii) Porches are large enough so a 6-foot by 6-foot square can fit inside ☐ (iv) The maximum porch height from the back of sidewalk grade is 5 feet. ☐ (C) Patio Entry Ch e c k Al l if Se l e c t e d ☐ (i) Patio entries provide access for a maximum of two ground floor units. ☐ (ii) Patio entries are large enough so a 5-foot by 5-foot square can fit inside of the patio for each unit ☐ (iii) The patio shall include at least one of the following features to define the transition between public and private space: Pi c k On e or Mo r e ☐ a. Row of shrubs: not exceeding 42 inches in height located between the sidewalk and the patio. One gallon size and max 3 feet on center ☐ b. Fence: not to exceed 36 inches in height located between the sidewalk and the patio with a gate or fence opening to provide access ☐ c. Metal, Wood, or Stone Wall: not to exceed 36 inches in height located between the sidewalk and the patio with gate or opening, AND a minimum 18-inch landscape strip is located between the wall and the abutting pedestrian way and entirely landscaped ☐ (D) Terrace Ch e c k Al l if ☐ (i) Terraces provide entry access for multiple ground floor units. ☐ (ii) Terraces are a maximum height of 30 inches above the grade of the back of the adjacent sidewalk or accessway. ☐ (iii) Walls, fences and hedges on Terraces are a maximum of 42 inches tall and have a minimum transparency of 40%. A.31- A.39 A.31- A.39 A.31- A.39 A.31- A.39 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 73     City of Palo Alto - Objective Design Standards Checklist Page 18 ☐ (E) Frontage Court Ch e c k Al l if Se l e c t e d ☐ (i) Frontage courts provide entry access for multiple ground floor units. ☐ (ii) The minimum frontage court width along a primary frontage is 25 feet. ☐ (iii) The maximum frontage court width along a primary frontage is 50% of the facade length or 80 feet, whichever is less. ☐ (iv) The minimum Frontage Court depth is 25 feet. ☐ (v) The maximum Frontage Court depth is 50 feet or a ratio not to exceed 2:1 depth to width. 18.24.080 Open Space Check Standard Sheet # Applicant’s Justification (b)(1) Private Open Space ☐ (A) Floor area includes clear space with a minimum dimension of a circle with a six- foot diameter. ☐ ☐ ☐ ☐ 8 feet for at least 75% of the area. ☐ least 75% of the area ☐ height for ground floor residential standards in section 18.24.040(b)(4) N/A as property is not within the RM-40 district N/A as project doesn't provide ground floor private open space N/A as project doesn't provide ground floor private open space. Private open space provided on roofs. A.35-A.43 A.31- A.39 A.31- A.39 A.31- A.39 A.31- A.39 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 74     City of Palo Alto - Objective Design Standards Checklist Page 19 (b)(2) Common Open Space ☐ ☐ ☐ minimum dimension of 40 feet and have a minimum courtyard width to building ☐ (E) Common open space provides seating. ☐ (F) Common open space has a minimum 20% of landscaping. ☐ 18.24.090 Materials Check Standard Sheet # Applicant’s Justification ☐ (b)(1) Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed-use Material List, which may be updated from time to time by the Director of Planning with a recommendation by the ARB. See webpage for list - https://www.cityofpaloalto.org/News-Articles/Planning-and-Development- 18.24.100 Sustainability and Green Building Code Check Standard Sheet # Applicant’s Justification ☐ (b) See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these N/A as courtyard is not above grade N/A as courtyard not enclosed A.6 A.6 A.26 -A.30 A.57 L1 L1 Item 2 Attachment D - Objective Standards Consistency Analysis     Packet Pg. 75     Dec 10, 2025 City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Re: Proposed Housing Development Project at 2100-2400 Geng Road By email: Planning.Commission@paloalto.gov Cc: city.clerk@CityofPaloAlto.org; city.attorney@cityofpaloalto.org; CityMgr@cityofpaloalto.org; Planner@CityofPaloAlto.org; Dear Palo Alto Planning Commission, The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of its obligation to abide by the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), AB 130, California Environmental Quality Act (“CEQA”) Guidelines when evaluating the proposed 145-unit housing development project at 2100-2400 Geng Road, which includes 19 units affordable to low-income households. Under the HAA,1 a city may not disapprove a qualifying affordable housing project (i.e., a housing development project that provides a certain percent of the total units to lower-income households, as defined by Health and Safety Code Section 50079.5) on the grounds it does not comply with the city’s zoning and general plan if the developer submitted either a statutorily defined "preliminary application" or a "complete development application" while the city's housing element was not in substantial compliance with state law. (See Gov. Code, § 65589.5, subds. (d)(5), (h)(5), (o)(1).2) This statutory provision temporarily suspends the power of non-compliant municipalities to enforce their zoning rules against qualifying affordable housing projects. (See, e.g., California Housing Defense Fund v. City of La Cañada Flintridge, Case Number: 23STCP02614 (attached), for a recent court decision affirming the plain language of the statute in this regard.) The City’s Housing Element was 2 These code section numbers correspond to the HAA as it existed when the preliminary application for the project at issue was submitted (i.e. before AB 1893 went into effect). 1 AB 1893, effective January 1, 2025, has amended the “Builder’s Remedy” provisions of the HAA. However, the AB 1893 allows for vested Builder’s Remedy applications to proceed under the previous version of the law. 2201 Broadway, PH1, Oakland, CA 94612 www.calhdf.org Item 2 Attachment E - Public Comments     Packet Pg. 76     not in substantial compliance with state law when the preliminary application under SB 330 was submitted. The City must therefore allow the project to be developed as proposed. CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to floor area ratio; height; front setback; rooftop garden width; private street width; and distribution of below market rate units. If the City wishes to deny requested waivers, Government Code section 65915, subdivision (e)(1) requires findings that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. If the City wishes to deny requested concessions, Government Code section 65915, subdivision (d)(1) requires findings that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.) Furthermore, the project is eligible for a statutory exemption from CEQA review pursuant to section 15183 of the CEQA guidelines and it may also be eligible for the newly enacted CEQA exemption under AB 130 (Pub. Res. Code, § 21080.66), which was signed into law on June 30, 2025 and was effective immediately (Assembly Bill No. 130, 2025-2026 Regular Session, Sec. 74, available here). Caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, 911.) As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit: it will provide badly-needed affordable housing; it will bring new customers to local businesses; it will increase the city’s tax revenue; and it will reduce displacement of existing residents by reducing competition for existing housing. It will also help cut down on transportation-related greenhouse gas emissions by providing housing in denser, more urban areas, as opposed to farther-flung regions in the state (and out of state). While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve it, consistent with its obligations under state law. 2 of 3 Item 2 Attachment E - Public Comments     Packet Pg. 77     CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org. Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations 3 of 3 Item 2 Attachment E - Public Comments     Packet Pg. 78     -----Original Message----- From: ann rothblatt <avrothblatt@gmail.com> Sent: Tuesday, November 25, 2025 12:14 PM To: Planning Commission <Planning.Commission@PaloAlto.gov> Cc: Council, City <city.council@PaloAlto.gov>; Architectural Review Board <arb@PaloAlto.gov>; ParkRec Commission <parkrec.commission@PaloAlto.gov> Subject: [INSERT SUBJECT HERE] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Hello Palo Alto PTC, my name is Ann Rothblatt and I live in south Palo Alto. Please support the homes proposed for 2100 Geng Road. I want to create more ownership options in our community, including affordable homeownership. We are still enjoying the home we purchased in 1977 for $103,000, and wish other deserving people could have the same opportunity. I hope the PTC will vote to move this project forward as quickly as possible. Thank you for supporting more homes in our community, Ann and Don Rothblatt Item 2 Attachment E - Public Comments     Packet Pg. 79     From:Adam Schwartz To:Planning Commission Cc:Council, City; Architectural Review Board; ParkRec Commission; Planning Commission Subject:Please support new homes at 2100 Geng Road Date:Sunday, November 30, 2025 1:35:26 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. i Greetings to the Palo Alto Planning and Transportation Committee: I'm Adam Schwartz and I live in Palo Alto in University South. I write to urge you to please support the new homes proposed for 2100 Geng Road. Our wonderful community's biggest problem is the shortage of new homes for all kinds of people at all price points. The solution must include building new homes. I'd like to see 145 new townhomes (including 19 affordable) at 2100 Geng Road. I hope the PTC will vote to move this project forward as quickly as possible. Thank you for supporting more homes in our community. Sincerely, Adam Schwartz 523 Channing Ave. This message needs your attention This is a personal email address. This is their first mail to some recipients. Mark Safe Report Item 2 Attachment E - Public Comments     Packet Pg. 80     &nbsp; From:Switzer, Steven To:"Steve Saffold" Subject:RE: 2100 Geng Road Date:Thursday, November 13, 2025 3:13:00 PM Attachments:image001.png image002.png Hi Steve, You are correct. We are still evaluating the project. The webpage will be updated once we have some further movement on that environmental analysis. Steven Switzer Senior Historic Planner Planning and Development Services Department 650-329-2321 | Steven.Switzer@PaloAlto.gov www.PaloAlto.gov From: Steve Saffold <saffold@theagencyre.com> Sent: Wednesday, November 12, 2025 1:02 PM To: Switzer, Steven <Steven.Switzer@paloalto.gov> Subject: 2100 Geng Road CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi Steven, I'm just reaching out to inquire about this project. The planning website says the city is preparing an initialCEQA checklist, just wanted to see if that is current, or what the status is. Thank you in advance for any help you can offer. Steve THEAGENCYRedefining r ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ i This message needs your attention This is their first email to your company. Mark Safe Report CGBANNERINDICATOR Hi Steven, I'm just reaching out to inquire about this project. The planning website says the city is preparing an initial CEQA checklist, just wanted to see if that is current, or what the status is. Powered by Mimecast Item 2 Attachment E - Public Comments     Packet Pg. 81     Thank you in advance for any help you can offer. Steve THE AGENCY Redefining real estate STEVE SAFFOLD Managing Director New Development - Bay Area 510-282-9169 TheAgencyRE.com Steve Saffold Item 2 Attachment E - Public Comments     Packet Pg. 82     From:Chris Douvos To:Switzer, Steven Subject:Re: 2100 Geng Date:Monday, October 27, 2025 10:24:41 AM Attachments:image001.png image002.png image003.png CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Thanks! CD From: Switzer, Steven <Steven.Switzer@paloalto.gov> Sent: Monday, October 27, 2025 9:54 AM To: Chris Douvos <chris@ahoycap.com> Subject: RE: 2100 Geng Hi Chris, The project located at 2100-2400 Geng Rd is still under review. We are anticipating taking the project to the Planning Commission in December 2025 and then on to the Architectural Review Board and City Council in early/spring 2026. Hopefully that helps. Steven Switzer Senior Historic Planner Planning and Development Services Department 650-329-2321 | Steven.Switzer@PaloAlto.gov www.PaloAlto.gov From: Chris Douvos <chris@ahoycap.com> Sent: Thursday, October 23, 2025 3:27 PM To: Switzer, Steven <Steven.Switzer@paloalto.gov> Subject: 2100 Geng CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Item 2 Attachment E - Public Comments     Packet Pg. 83     Hi! I apologize for bothering you, but I'm a PA resident who has an office at 2100 Geng Road and I was looking up the status of the project planned for this location and your name was listed as the city contact. I was wondering if you might be able to share the status of the project? My office lease expires at some point soon and I'm wondering if I should start looking for new space (the Regus from whom we sublease is pretty tight lipped on the topic, although one of their people told me a year ago that they expected us to get kicked out sometime in 2026.) Thanks for any insight you can share, Chris ___________ Chris Douvos Founder 2100 Geng Road, Suite 210 Palo Alto, CA 94301 chris@ahoycap.com (650) 384 9434 www.ahoycap.com Item 2 Attachment E - Public Comments     Packet Pg. 84     From:Janet L. Billups To:Switzer, Steven Cc:Barbara Greiner; Mathieu Farrugia; Mindie S. Romanowsky Subject:2100 Geng Road. 24PLN-00356 project Date:Monday, September 22, 2025 4:16:38 PM Attachments:image001.png Importance:High CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. i Hi Steven, I hope this email finds you well. I’m writing to request that the persons named below be added to the mailing list and/or notification system related to the project at 2100 Geng Road, 24PLN- 00356. We would appreciate receiving meeting notices, updates, or any relevant documentation as it becomes available. Please let me know if there is a form or procedure to complete to be included. Thank you in advance for your time and consideration. Notices to: Barbara Greiner, Head of School Silicon Valley International School 151 Laura Ln, Palo Alto, CA 94303 barbaragreiner@svintl.org Mathieu Farrugia mathieu@svintl.org Mindie Romanowsky, Esq. msr@jsmf.com Kind regards, Janet Billups This message needs your attention This is their first mail to some recipients. Mark Safe Report Item 2 Attachment E - Public Comments     Packet Pg. 85     Janet L. Billups, Legal Assistant to Mindie S. Romanowsky, Esq. Jorgenson, Siegel, McClure & Flegel, LLP 1100 Alma Street, Suite 210 | Menlo Park, CA 94025 Office: (650) 324-9300 x1230 Email: jlb@jsmf.com | Website: www.jsmf.com CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the sole use of the intended recipients and contain information that may be confidential or legally privileged. If you have received this e-mail in error, please notify the sender by reply e-mail and delete the message. Any disclosure, copying, distribution, or use of this communication by someone other than the intended recipient is prohibited. Item 2 Attachment E - Public Comments     Packet Pg. 86     From:Mark Millet To:Switzer, Steven Subject:Re: questions about conditional use permit for 2100 Geng Road project Date:Monday, March 31, 2025 5:49:21 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Confirmed 10 am, please call my cell Mark Millet (650) 303 2394 > On Mar 31, 2025, at 5:40 PM, Switzer, Steven <Steven.Switzer@cityofpaloalto.org> wrote: > > Hi Mark- > > Would 10:00 AM work? > > > Steven Switzer > Historic Preservation Planner > Planning and Development Services Department > 650-329-2321 | Steven.Switzer@CityofPaloAlto.org > www.cityofpaloalto.org > > > > > -----Original Message----- > From: Mark Millet <mmillet10@gmail.com> > Sent: Monday, March 31, 2025 5:39 PM > To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> > Subject: Re: questions about conditional use permit for 2100 Geng Road project > > CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. > > I am available before noon Tuesday, when is good for you? > > Thank you for the quick response, > > Mark > > Mark Millet > (650) 303 2394 > >> On Mar 31, 2025, at 5:33 PM, Switzer, Steven <Steven.Switzer@cityofpaloalto.org> wrote: >> >> Hi Mark- >> >> Feel free to give me a call or send your questions to me via email for a written response. >> >> For the time being, follow the link to view more about the Conditional >> Use Permit Process: Item 2 Attachment E - Public Comments     Packet Pg. 87     >> https://www.cityofpaloalto.org/files/assets/public/v/2/planning-amp-de >> velopment-services/file-migration/current-planning/forms-and-guideline >> s/cup-process-09-26-24.pdf >> >> I should have some availability tomorrow morning and later this week. >> >> Looking forward to connecting with you on this. >> >> >> Steven Switzer >> Historic Preservation Planner >> Planning and Development Services Department >> 650-329-2321 | Steven.Switzer@CityofPaloAlto.org >> www.cityofpaloalto.org >> >> >> >> >> -----Original Message----- >> From: Mark Millet <mmillet10@gmail.com> >> Sent: Monday, March 31, 2025 4:34 PM >> To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> >> Subject: questions about conditional use permit for 2100 Geng Road >> project >> >> CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. >> >> Steven, >> >> I had a couple of questions about the process for conditional use permit and residential conversion. >> >> Thank you, >> >> Mark. >> >> Mark Millet >> 650 303 2394 (c) >> mmillet10@gmail.com > Item 2 Attachment E - Public Comments     Packet Pg. 88     201 Spear Street, Suite 1650 San Francisco, CA 94105 P: 415.263.9151 www.stradasf.com September 26, 2025 Claire Raybould, AICP Manager of Current Planning, City of Palo Alto 285 Hamilton Avenue, Suite 100 Palo Alto, CA 94301 Email: Claire.Raybould@CityofPaloAlto.org Re: 2100 – 2400 Geng Road, Planning Application resubmittal Dear Claire: Please find included in this submittal the following documents associated with our resubmittal of the application for the housing development project located at 2100 – 2400 Geng Road. We have filed several applications associated with this project. Our SB 330 pre-application dated 7/8/24 is number 24PLN-00181. Our site and design / CUP / planning application originally dated 12/18/24 is 24-PLN-00356. Our vesting tentative map application originally dated 12/18/24 is number 24-PLN- 00357. We received comments from the City on 1/17/25 and 1/24/25. We then resubmitted C2 materials on 4/16/25 and received additional comments on C2 on 5/22/25. We then resubmitted C3 materials on 7/25/25 and received additional comments on C3 on 8/29/25. The updated materials in this submittal are in response to those City Comments. These materials replace and supersede the materials previously submitted, although certain project documents that did not change have not been updated and included in this submittal. As requested in the City Comments, the materials will be submitted in three PDF documents – one for the project plans, one for the supporting documents, and one for the response to City comments. Project Plans: 1. Architecture Plans 2. Civil Plans 3. Landscape Plans (Including Preliminary Arborist Report) Supporting Documents: 1. 2. 3. 4. 5. a. b. Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 89     201 Spear Street, Suite 1650 San Francisco, CA 94105 P: 415.263.9151 www.stradasf.com Response to City Comments: 1. Response to City Comments dated 8/29/25 * * * additional discussion and engagement about the project. Sincerely, Strada PA Manager, LLC, Authorized Signatory Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 90     201 Spear Street, Suite 1650 San Francisco, CA 94105 P: 415.263.9151 www.stradasf.com September 26, 2025 Jonathan Lait Director, Planning & Development Services City of Palo Alto 285 Hamilton Avenue, Suite 100 Palo Alto, CA 94301 Email: Jonathan.Lait@CityofPaloAlto.org Re: Proposed Mixed-Income Housing Project at 2100 – 2400 Geng Road, Palo Alto Dear Mr. Lait: Strada PA Manager, LLC is pleased to resubmit updated application materials for our proposed mixed-income housing project at 2100-2400 Geng Road, which will transform an existing low-density office development into much needed sustainable housing in the City of Palo Alto and region. This resubmittal follows our SB 330 preliminary application submitted to the City on July 8, 2024, our original entitlement and vesting tentative map applications submitted on December 18, 2024, our C2 resubmittal on April 18, 2025, and our C3 resubmittal on July 25, 2025. We are committed to working in partnership with the City and the broader Palo Alto community to achieve the following goals and Project objectives. Overall Goals and Project Objectives B , re-purposing low-and . H , low-density into a new for-sale medium-density new homeownership , through an environmentally sustainable design. Build family-sized townhouses –- and seniors downsizing. Support Palo Alto’s 6th Cycle Housing Element and RHNA goals by delivering new market and below- market rate (BMR) . housing streamlining tools at the local and state level to increase deliver new housing as soon as possible. , including but not limited to: o ng the Project site’s proximity to the Baylands Nature Preserve and Palo Alto airport; o space and trails, and a 10-and o . Housing Program Overview The Project consists of 145 for-sale townhomes, with new internal streets and pedestrian paths, open space, and new utility infrastructure. The townhome units will have a range of three- and four bedrooms to accommodate larger family-size and multigenerational households. These for-sale units will provide new homeownership Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 91     2100-2400 Geng Road – Mixed-Income Housing Project | Cover Letter 2 opportunities for families looking to establish or maintain their roots in the Palo Alto community. The Project is specifically designed to accommodate growing families and first-time home buyers. The Project was identified in the City’s recently approved 6th Cycle Housing Element as an appropriate site for residential development and the proposed project will bring this vision to reality while helping the City meet its ambitious State-mandated housing production goals. Importantly, the project will incorporate 19 BMR housing units onsite, providing an enhanced opportunity for homeownership at affordable pricing that is largely missing from City and region, resulting in the benefits of homeownership for working families who otherwise would be priced out of the community. The Project BMR units will be offered for-sale to low-income households, which, based on Santa Clara County current area median incomes, would have annual incomes of up to $157,000 for a household of four. For-sale BMR units affordable to families at these income levels are rare in Palo Alto and will allow for new residents working for local government, healthcare, non-profits, or in other essential roles to live near their jobs. These 19 BMR units represent 13 percent of the 145 total units in the Project. This level of affordability is authorized under Assembly Bill (AB) 1893, a state law that became effective January 1, 2025, that is designed to facilitate approval and construction of housing development projects that have submitted SB 330 preliminary project applications in advance of a local jurisdiction receiving its Housing Element certification. While the 13 percent low-income allocation authorized under AB 1893 is lower than the 20 percent BMR that otherwise would be required by the City’s Municipal Code, the 19 BMR units are more deeply affordable than those required by the City’s Code, meaning they will be affordable to families with more modest incomes. This proposed BMR program under AB 1893 results in a Project that is financially viable and financeable, and thus, much more likely to be built quickly under current and foreseeable economic conditions. Site and Neighborhood Context The existing use of the Project site is a low-density office complex, consisting of four, two-story office buildings. Under current conditions, the existing office project is not fully leased and given the current office space supply and demand in Palo Alto, an aging office project is not the highest and best use of an 11-acre site in this location without significant near-term reinvestment. Overall, the current market conditions and the City’s 6th Cycle Housing Element’s identification of the Project site for housing makes this the appropriate time to pursue conversion of the existing office use to new residential use, which will also further help address Palo Alto’s historic jobs-housing imbalance. The Project site’s location east of 101 is in an area of Palo Alto that has not historically had housing; the Project provides an opportunity to bring new residents to this area who will contribute positively to the neighborhood by increasing bike and foot traffic, activating the area, and supporting local businesses. Sustainability and Resilience In keeping with the Project’s commitment to environmental sustainability, the Project will feature all-electric design with no natural gas service; incorporate solar panels and electric car charging connections for all units; utilize modern high-efficiency water fixtures; and store and treat stormwater onsite to reduce impacts on the City’s existing stormwater system. The existing Project site (and much of the area east of 101) lies in a FEMA flood zone of AE-11. To address this risk, the Project will raise the site finished grade to a level that will be safe from flooding and will set a standard for climate-sensitive development in Palo Alto, paving the way for a more resilient City. Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 92     2100-2400 Geng Road – Mixed-Income Housing Project | Cover Letter 3 One consequence of this necessary flood protection is that the grade of the entire Project site area will need to be raised by adding multiple feet of soil, which will impact many of the trees on site. While our view is that tree removal should be a strategy of last resort, based on the Flood Zone conditions, there is no feasible way to change the grade of the Project site without severely impacting the roots of existing trees. The weight of the additional soil will negatively impact the existing trees’ root systems, ultimately adversely affecting tree health and resulting in tree death. To respond to this flood zone mitigation and resulting tree removals, the Project has prioritized replacing and ultimately improving the tree density and eventual mature tree canopy on site. By replacing the existing surface parking lots with a new network of green vegetative areas that connect future residents to the internal open spaces, the Project will more than double existing tree quantities. While many of the existing trees are non-native or even invasive, the proposed trees will be mostly native and adapted drought tolerant species that will bolster native tree species quantities for the City, ensure replacement habitat for birds, and reduce irrigated water demand. At the same time, the trees will be selected to enhance the Project neighborhood and adjacent Baylands Athletic Center public open spaces with tree character, color, texture and form. In addition to new tree plantings, the Project will create new roads and pedestrian paths to allow connections across and through the site. Additionally, the Project will create new open spaces, including a central green with a large lawn and other amenities to serve as a gathering point for the Project community. The Project is also exploring the potential to accommodate a future connection to the San Francisquito Creek trail, which lies north of the Project site. Additional Benefits Finally, the Project will positively contribute to the Palo Alto community through creating opportunities for future residents. These families will start and work at Palo Alto businesses, will increase the tax base through their property and sales taxes, will shop at local businesses such as those at Edgewood Plaza, and will send their children to Palo Alto schools. The transformation of 2100-2400 Geng Road from an underutilized office complex to a thriving, family-oriented residential community will provide broad and diverse benefits to the City of Palo Alto. * * * We look forward to continuing working with the City to deliver this Project and advancing the City’s important goal of bringing viable residential projects to fruition. Sincerely, Nikolas Krukowski Strada PA Manager, LLC, Authorized Signatory Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 93     2100-2400 Geng Road Project Description Updated: 9/26/2025 The proposed project would transform an existing underutilized business park located at 2100- 2400 Geng Road into a new residential neighborhood with 145 multifamily townhome units and community open spaces. All units will be offered for-sale with either three-bedroom or four- bedroom configurations, providing both much-needed housing and new homeownership opportunities in the city and region. Section I of this project description provides an overview of the project site and existing conditions; Section II describes the project land use program and site plan features; Section III describes the project’s affordability and State Density Bonus Law strategy, including information regarding the project site’s Housing Element site inventory status. I. Project Site Overview The project site totals approximately 11-acres and is comprised of two parcels: APN 008-02-035 (addressed as 2100-2200 Geng Road, totaling approximately 5 acres) and APN 008-02-036 (addressed as 2300-2400 Geng Road, totaling approximately 6 acres). The property is zoned ROLM (E)(D)(AD), in which multifamily development is permitted subject to the RM-20 district development standards. A portion of the project site is also identified in the City’s 6th Cycle Housing Element as a housing opportunity site, as further described in Section III below. The project site is currently improved with four, two-story office buildings and surface parking. In connection with development of the proposed project, the existing buildings will be demolished, and necessary site improvements will be undertaken to redevelop the property. The project site is bounded by Geng Road to the east, the Baylands Athletic Center to the north, and office buildings to the west and south. Primary access to the property is from Geng Road, with secondary access (via an adjacent property) from East Bayshore Road. II. Proposed Project & Land Use Program Overview The proposed project includes 145 multifamily residential units comprised of seven different townhome unit types. Along the northern boundary, adjacent to the Baylands Athletic Center, are 22 front-loaded pull-apart (detached) townhomes, in two different unit plans. These homes feature backyards that transition to the parkland, creating a buffer between the development and the park. Across the street from these units are 26 alley-loaded pull-apart (detached) townhomes, in two different unit plans. The remaining units consist of traditional attached townhomes arranged in clustered buildings of five, six, and eight units, comprised of three different unit plans. The site plan layout is designed to minimize visibility of alleys from public viewpoints. The variety of housing types is cohesively arranged around shared green spaces and connected by pedestrian paseos. The project design features contemporary architectural design that blends well with the surrounding context while setting a precedent for the transformation of predominantly office- oriented uses in the East of 101 area into residential neighborhoods. Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 94     2100-2400 Geng Road | Project Description Site Circulation Primary access to the project will be from Geng Road, with a clearly defined major circulation loop providing access to all areas of the site. Secondary access (via an adjacent property) is provided from East Bayshore Road. Offsite parking is provided within each unit. On-street parking is strategically placed along this loop to provide convenient access for visitors. Building entries and porches are oriented towards this loop road to create a pedestrian-friendly streetscape. Project Open Space & Pedestrian Circulation At the center of the site is a large communal central open space surrounded by residential units. This central open space will serve as the community's focal point and is within easy walking distance for all residents. Guest parking is located along the edges of the green space to provide convenient access for visitors. A fully landscaped pedestrian network will connect the housing to the central open space and provide a natural and green environment throughout the project site. The central open space will provide passive and programmed uses for the residents including quiet seating areas and outdoor cooking and dining areas. The programmed areas will be distributed around a large central lawn area that can be used by residents for a variety of purposes, including outdoor games and picnics. The planting character throughout the site will consist of drought tolerant, native, and adapted species of a variety of shape, sizes, and colors. All buildings are three stories tall (approximately +/- 42’-2” in height), with living areas complemented by balconies and roof decks. The combination of individual balconies, roof decks and backyards ensure ample private outdoor space, while the central green space offers a communal gathering area for all residents. Utilities & Services The project will have electricity service from City of Palo Alto, and the proposed project site plan allows ample space for meter and utility connections. The project will be “electric only,” and will not have gas service. The project will have water, wastewater, and sanitary sewer service from the City of Palo Alto. The project will utilize solid waste service from GreenWaste of Palo Alto. The HOA will contract with a service to collect trash, recycling and compost from each unit and bring it to a central enclosure where it will be stored until picked up by GreenWaste. Sustainability A key project objective is to provide modern, energy-efficient and sustainable housing units that limit new emissions and natural resource usage. To that end, the project incorporates a range of sustainability features, including solar photovoltaic panels on building roofs, cool roofs, electric vehicle charger ready garages, energy efficient fixtures and appliances, low-water use fixtures, construction waste reduction, low VOC materials, and both private and shared bicycle parking on site. The project landscaping and tree placement planting plan focuses on incorporation of native and drought tolerant species, with an anticipated tree planting plan that yields over 50% California native species. The project would result in a net increase in landscaped areas and pervious surface at buildout, reducing the heat island effect of the site which is currently improved with significant surface parking. Tree and plant species have additionally been selected to help create a high-quality habitat that will support biodiversity and bird populations. Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 95     2100-2400 Geng Road | Project Description In recognition of the project site’s proximity to the San Francisquito Creek and Baylands Nature Preserve and Shoreline Park, the project design also incorporates lighting reduction design features to reduce the spillover of lighting or glare/increased luminance perceived by birds and other wildlife, all of which follow recommendations by the International Dark-Sky Association. Project Affordability & Density Bonus Law Relief The project includes 19 affordable for-sale units on-site (13% of the total units) that will be restricted to low-income households. This onsite affordability percentage meets the requirements of the Housing Accountability Act as amended by AB 1893 that went into effect as of January 1, 2025 (see Gov. Code Section 65589.5(h)(3)(C)(i)(II)). Under the Housing Accountability Act, as amended, the project is entitled to utilize this reduced affordability percentage, along with the other associated amendments to the Housing Accountability Act, because it meets the definition of a builder’s remedy project (see Gov. Code Section 65589.5(f)(7)(A)). The State Density Bonus Law applies to the Project because it is a housing development project that proposes to include a qualifying percentage of units onsite as affordable to low-income households. The project’s density of 145 units (approximately 13 dwelling units per acre) is within the 11 du/a minimum density and 20 du/a maximum density allowed under the applicable RM-20 zoning requirements, no bonus residential density is required. However, the project will utilize waivers or reductions of development standards and is also entitled to three incentives/concessions. One incentive/concession is provided under the State Density Bonus Law for projects proposing at least ten percent of total units for low-income households (see Gov. Code Section 65915(d)(2)), and two additional incentives/concessions are provided pursuant to the Housing Accountability Act as amended by AB 1893 (see Gov. Code Section 65589.5(f)(6)(C)). Density Bonus Waivers/Reductions Under the State Density Bonus law, the project is entitled to a waiver of all development standards that would physically preclude the development at the density permitted and with the concession(s) granted. The project is requesting the following waivers/reductions of development standards. The project reserves the right to identify additional waivers as the project advances through the entitlement process. Chapter 18.13 – RM-20 Development Standards 1. Maximum FAR (0.5:1) Waiver requested to exceed the maximum FAR allowance to achieve the proposed residential density, which is consistent with the applicable residential zoning density controls. Maintaining a 0.5 FAR would physically preclude the density of the project as proposed. Proposed project FAR is 1.0:1. 2. Height (30’ max.) Waiver requested to exceed the height allowance. The proposed height of each residential building is approximately +/- 42’ -2”. The proposed project uses compact footprints to achieve the proposed density, which requires additional height to accommodate the proposed project unit types and bedroom counts. Maintaining the 30’ height limit would physically preclude the density of the project as proposed. Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 96     2100-2400 Geng Road | Project Description Chapter 18.24 – Contextual Design Criteria and Objective Design Standards 3. Mobility Infrastructure – Proximity to Primary Building Entry Under PAMC 18.24.020(b)(4)(A), micromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right-of-way. Based on the project’s townhome unit type configurations, the project has one primary entry per unit, and providing bike racks within 30 feet of all entries would physically preclude the project as proposed. However, the project would provide bike racks in the community open space area, which is centrally located and accessible from all units. By providing the bike racks in a central location, the project meets the intent of the standard to provide bike racks in a convenient location that is easily accessible by all users and visitors. 4. Detached Unit Side Yards Under PAMC 18.24.040(b)(6)(A), each detached dwelling unit shall have at least one usable side yard, at least six feet wide, between the house and fence or other structure, to provide outdoor passage between the front and rear yards. Some of the project’s pull- apart townhomes have side yards of four feet. The project is requesting a waiver from this development regulation as increasing the side yard to six feet would physically preclude the project as proposed. Chapter 18.40 – General Standards and Exceptions 5. Height Limits on Rooftop Garden Fixtures Under PAMC 18.40.230, certain permanent fixtures on the rooftop may exceed applicable height limits, however, the Code provides that such fixtures “shall not intersect a plane measured at a forty-five-degree angle from the edge of the building starting at the rooftop garden surface sloping upward and inward toward the center of the property.” The project is requesting a waiver from the requirement as this would require the units to be much wider than currently planned and therefore would physically preclude the project as proposed. Chapter 21.20 – Subdivision Design 6. Private Street Width Requirement Under PAMC 21.20.240, private streets serving five or more lots are required to maintain a street width of thirty-two feet, whereas private streets serving four or less lots are required to maintain a street width of twenty-two feet. The project proposes a private street loop that will range in width from 26’ wide in certain areas to 35’ wide in other areas. The project is requesting a waiver from this PAMC 21.20.240 development regulation as increasing the streets and alleys to 32’ would reduce the allowable buildable area and thus Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 97     2100-2400 Geng Road | Project Description physically preclude the project as proposed. The proposed onsite private street allows day to day traffic, service, and emergency vehicles. Incentives/Concessions The project is entitled to three concessions pursuant to State Density Bonus Law and AB 1893. Under the State Density Bonus law, the City can only deny a concession if it finds that it would not result in identifiable and actual cost reductions; would have an unmitigable/unavoidable specific, adverse impact on public health and safety or any real property listed on the California Register of Historical Resources; or would violate state or federal law. With respect to identifiable and actual cost reductions, applicants do not bear the burden to prove that incentives would result in actual cost reductions; rather, requested incentives are presumed to result in cost reductions, and local governments must either accept this presumption or make written findings based on substantial evidence to the contrary. At this time the project is requesting the following concession: Chapter 16.65.075 – Distribution of Affordable Units Under PAMC 16.65.075(a)(2), affordable units “shall be reasonably dispersed” within the residential project, with unit locations “comparable” to those of the market-rate units. Further, affordable units must have a comparable number of bedrooms to the market rate units. PAMC 16.65.075(a)(2) also allows for the Planning Director to approve clustering of BMR units within the residential project “when this furthers affordable housing opportunities.” The proposed site plan proposes larger, four-bedroom pull-apart townhouse units in the northern section of the site and smaller, three- and four-bedroom attached townhouse units in the balance of the site. The project’s 19 BMR units have been well distributed throughout the attached townhouse buildings and are all located within Unit Plan 11 units – a three-bedroom unit type with a two-car tandem garage. The project’s proposed BMR distribution plan is provided on Sheet A.7 of the plan sets and is intended to meet the City’s distribution standard. However, we understand that Planning staff have indicated that the BMR distribution as proposed may not meet its PAMC 16.65.075(a)(2) requirement. As a result, if staff ultimately determines that the proposed BMR distribution plan does not meet its PAMC 16.65.075(a)(2) standard, the project seeks a concession for this requirement. This request meets the State Density Bonus Law requirements for issuance of a concession, as further detailed below. The project development costs are significantly reduced by providing the required BMR units in Unit Plan 11 units. It would cost considerably more to build these BMR units as pull-apart, detached townhouses or as larger, four-bedroom units in attached townhouse buildings. Construction costs scale directly with square footage: larger units require more framing, drywall, finishes, HVAC ducting, and flooring than smaller units. Detached units additionally require construction of significantly more building envelope without the cost efficiencies of shared walls because they are fully detached. Additionally, the project relies on reasonable market returns in order to be financially feasible to construct. Because the pull-apart units and four-bedroom townhome units will sell at a premium to the Unit Plan 11 three-bedroom attached townhouse units, selling larger units at BMR prices would significantly reduce the sales revenue relative to the proposed plan of selling Unit Plan 11 attached townhouse units at BMR prices. This reduced sales revenue will directly reduce the Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 98     2100-2400 Geng Road | Project Description financial viability of the project, resulting in a delayed financing process, additional construction cost escalation, and increased costs to deliver the on-site affordable housing. The project reserves the right to identify and utilize the available two additional incentives/concessions as the project advances through the entitlement process. Housing Inventory Site Status As described above, the project is comprised of two parcels. One of the parcels, APN 008-02-035 (~5 acres) is listed in the City’s 6th Cycle Housing Element as a Housing Inventory Site with a target yield of 175 units. The other parcel, APN 008-02-036 (~6 acres), is not listed as a Housing Inventory Site. The project is proposing to provide 145 units, which is below the target yield of 175 units for APN 008-02-035. Based on the information provided in the Housing Element, it is not clear how a determination of 175-unit yield for APN 008-02-035 was made; however, there are several reasons why the project is unable to meet the target unit yield and why the proposed 145 units is the appropriate density for the project site: • The project seeks to be consistent with the existing zoning density of 11 du/a – 20 du. Height, setback, lot coverage, and FAR maximums in the ROLM(E) district, pursuant to the RM-20 district standards that apply to residential development in the ROLM(E) district, limit density and development potential and thus limit the feasibility of achieving the target unit yield. While the project utilizes Density Bonus Law waivers to achieve relief from some of these standards, the project seeks to minimize deviations from these standards wherever possible. • An important design consideration for the project is to be sensitive to the context of the site and surrounding uses. The project is adjacent to low office buildings, the Baylands Athletic Center, and more generally is in the vicinity of San Francisquito Creek and the Baylands. Keeping the buildings to three stories in height ensures that the project maintains a context-sensitive design and minimizes visual impacts of the project. • A key goal of the project is to provide family sized units, including on-site BMR family sized units, to help meet the needs of the residents of Palo Alto. One consequence of providing larger units is that the project ends up providing fewer units in the same amount of development area. • Achieving a unit yield of 175 units on just a five-acre portion of the site would require utilization of a construction typology that is far more expensive to build on a per square foot basis as compared to townhome construction costs. Because of this, a denser project that meets the prosed target unit yield would reduce the project’s financially feasibility, and thus be less likely to be financed and built than the proposed, lower density townhome project. By including on-site affordable units and offering a range of housing types, the project’s mixed- income units provide the "missing middle" housing needed by the Palo Alto community, offering new opportunities for home ownership, which will be a valuable addition to the housing fabric of Palo Alto. Item 2 Attachment F - Applicant’s Project Description     Packet Pg. 99     If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at 650-617-3117 or email planner@paloalto.gov Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project Plans and Environmental Documents online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “2100 Geng Rd” and click the address link 3. On this project-specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.paloalto.gov/Departments/Planning-Development-Services/Current-Planning/Projects/2100-Geng- Road Materials Boards: Color and material boards will be available to view in chambers during the ARB hearing. Item 2 Attachment G - Project Plans and Environmental Review     Packet Pg. 100     Item No. 3. Page 1 of 10 Architectural Review Board Staff Report From: Planning and Development Services Director Lead Department: Planning and Development Services Meeting Date: January 15, 2026 Report #: 2512-5696 TITLE PUBLIC HEARING / QUASI-JUDICIAL. 3781 El Camino Real [24PLN-00161]: Recommendation on a Major Architectural Review Application to Demolish Commercial and Residential Buildings Located at 3727-3737 & 3773-3783 El Camino Real, 378-400 Madeline Court, and 388 Curtner Avenue, and to Construct a Seven-Story, Multi-Family Residential Housing Development Project with 183 Units, 13 Percent of Which Would be Provided at a Rate Affordable to Low Income. The Project is Proposed in Accordance with Builder’s Remedy (California Government Code Section 65589.5(d)(5)). A Senate Bill 330 Pre-Application was Filed on February 15, 2024. CEQA Status: Exempt Under AB 130 (Public Resources Code section 21080.66). Zoning Districts: CN (Commercial Neighborhood) and RM-30 (Multi-Family Residential). RECOMMENDATION Staff recommends the Architectural Review Board (ARB) recommend that City Council approve the project based on the findings set forth in Attachment B and Conditions of Approval in Attachment C. EXECUTIVE SUMMARY The proposed residential project includes 183 rental units, 13 percent of which would be provided at a rate affordable to low-income households or below, with two levels of above ground parking. The project includes demolition of 14 residential units as well as approximately 10,100 square feet of commercial floor area across four existing parcels located at 3727-3737 & 3773-3783 El Camino Real, 378-400 Madeline Court, and 388 Curtner Avenue. These four parcels would be merged into an approximately 1.56-acre lot. The applicant filed a compliant pre-application in accordance with Senate Bill (SB) 330 on February 15, 2024 (24PLN-00048). Therefore, the project analysis is based on the applicable standards at the time the compliant SB 330 pre-application was submitted. In addition, the project is considered a “builder’s remedy project” as defined in the recently adopted Assembly Bill (AB) 1893. Accordingly, the project may not be denied on the basis of inconsistency with the Item 3 Item 3 Staff Report     Packet Pg. 101     Item No. 3. Page 2 of 10 Zoning Ordinance or Comprehensive Plan land use designation. The project is further afforded numerous protections as detailed below. BACKGROUND Item 3 Item 3 Staff Report     Packet Pg. 102     Item No. 3. Page 3 of 10 South: Medium Density Multiple-Family Residence District (RM- 30), Multi-Family residential uses; Service Commercial (CS), Commercial uses Aerial View of Property: Source: Google Satellite Maps Land Use Designation & Applicable Plans Comp. Plan Designation:APN 132-41-084: Neighborhood Commercial (CN) APN 132-41-083: Neighborhood Commercial (CN) APN 132-41-020: Multiple-Family Residential (MF) APN 132-41-019: Multiple-Family Residential (MF) Zoning Designation:APN 132-41-084: Neighborhood Commercial (CN) APN 132-41-083: Neighborhood Commercial (CN) APN 132-41-020: Medium Density Multiple-Family Residence District (RM-30) APN 132-41-019: Medium Density Multiple-Family Residence District (RM-30) Yes Yes Yes Baylands Master Plan/Guidelines (2008/2005) El Camino Real Guidelines (1976) Housing Development Project Downtown Urban Design Guidelines (1993) South El Camino Real Guidelines (2002) Utilizes Chapter 18.24 - Objective Standards Item 3 Item 3 Staff Report     Packet Pg. 103     Item No. 3. Page 4 of 10 Yes Yes Yes Individual Review Guidelines (2005) Within 150 feet of Residential Use or District Context-Based Design Criteria applicable SOFA Phase 1 (2000)Within Airport Influence Area Annual Office Limit SOFA Phase 2 (2003)Housing Incentive Program El Camino Real Focus Area Project Description The project includes demolition of 14 residential units and approximately 10,100 square feet of commercial floor area across four existing parcels located at 3727-3737 & 3773-3783 El Camino Real, 378-400 Madeline Court, and 388 Curtner Avenue. These four parcels would be merged into an approximately 1.56-acre lot through a ministerial Certificate of Compliance process. The site is proposed to be redeveloped with an exclusively residential rental project that includes 183 units, 13 percent of which would be provided at a rate affordable to low-income households or below. These units would be in an 82-foot tall seven-story, multi-family residential building with two levels of above ground parking, ground floor residential amenities, and a rooftop terrace facing Curtner Avenue. Attachment A includes a location map. Attachment E includes a summary from the applicant asserting their legal rights and Attachment H includes the project plans. Requested Entitlements, Findings, and Purview: The following discretionary application is being requested: Architectural Review – Major (AR): The process for evaluating this type of application is set forth in Palo Alto Municipal Code (PAMC) Section 18.77.070. AR applications are reviewed by the ARB and recommendations are forwarded to the Planning and Development Services Director for action within five business days of the ARB’s recommendation. Action by the Director is appealable to the City Council if filed within 14 days of the decision. Notwithstanding, the Director may instead forward a project directly to City Council for final action in accordance with PAMC Section 18.40.180. AR projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. The findings to approve the project are provided in Attachment B. The ARB’s purview of the formal application is limited by the following State laws: Housing Accountability Act (Government Code 65589.5): The project constitutes a “housing development project,” as well as “housing for very low, low-, or moderate income households” under the Housing Accountability Act. The Housing Accountability Act Section 65589.5(d) states that a city cannot deny such a project or impose conditions of approval that would render it infeasible unless it makes specified findings. Item 3 Item 3 Staff Report     Packet Pg. 104     Item No. 3. Page 5 of 10 Among those findings are: (1) that the project would have a specific, adverse impact upon the public health or safety that cannot be mitigated. Because the project is a “builder’s remedy project,” as defined in AB 1893, the City is further limited to only enforcing those objective standards that exist in a zone district or land use designation that allows the density requested. If there are no such zoning districts or general plan designations in the City, then the applicant may identify any City standards that facilitate the project and only those standards shall apply. If the project meets these identified standards, the City cannot impose conditions of approval that preclude the project from being constructed as proposed by the applicant. Because the project is a “builder’s remedy project,” as defined in AB 1893, the “base density” for purposes of State Density Bonus Law shall be the maximum density permitted for builder’s remedy projects (e.g. three times the density permitted in the zoning code or general plan). The project applicant is also able to utilize incentives, concessions, and waivers under State Density Bonus Law when demonstrating compliance with the enforceable standards. ANALYSIS Staff evaluated the project in accordance with the Comprehensive Plan, Zoning Ordinance, and other applicable goals and policies of the City and found the project generally consistent or otherwise deviant in a manner permissible under State law. Staff notes that there are some departments that are still finalizing review of the plans and the timeline for City review is limited in accordance with the provisions set forth in AB 130. Therefore, the conditions of approval may be modified prior to Council decision. However, this additional review is not anticipated to substantively change the site or building design; therefore, staff recommends that the ARB recommend approval of the proposed plans. Neighborhood Setting and Character The project site is located on and adjacent to El Camino Real, a local and regional serving corridor, defined by a mix of commercial uses and housing. Adjacent uses include a mix of commercial and low-intensity, one-story and two-story buildings, as well as low density residential uses surrounded by surface parking. Consistency with the Comprehensive Plan, Area Plans, and Guidelines1 The project site includes four parcels with two Comprehensive Plan land use designations, Neighborhood Commercial and Multiple-Family Residential designation, as reflected in Attachment A. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations in the Neighborhood Commercial land use designation. The project is located along a high-quality transit corridor and the portions of the project site that are within these land use designations are identified as Housing Inventory Sites under the adopted Housing Element. Therefore, the 1 The Palo Alto Comprehensive Plan is available online: bit.ly/PACompPlan2030 Item 3 Item 3 Staff Report     Packet Pg. 105     Item No. 3. Page 6 of 10 proposed use multi-family residential use is consistent with these Comprehensive Plan land use designations. Housing Element Consistency The project site was not identified as a Housing Inventory Site in the adopted Housing Element. However, the proposed development would provide 183 units, including 23 units at a rate affordable to low-income, which would count toward the City’s Regional Housing Needs Allocation (RHNA). These units would help advance Housing Element implementation by contributing housing in areas outside the inventory. The project would also help offset shortfalls if identified inventory sites are not developed to their assumed capacity or timeframe. El Camino Real Design Guidelines The project is also subject to the El Camino Design Guidelines and South El Camino Design Guidelines. The design guidelines are intended to direct the project design process toward solutions that, given site conditions and the requirements of the development program, best Item 3 Item 3 Staff Report     Packet Pg. 106     Item No. 3. Page 7 of 10 meet City goals and community values and expectations. Notable recommendations include landscaping buffers, screening of mechanical equipment and parking areas, pedestrian oriented designs in the CN district, minimizing the number of driveways, and limiting building colors to no more than three primary colors, and defining corner elements. As proposed, the project is generally consistent with the El Camino Real and South El Camino Real Design Guidelines. However, the guidelines assume a ground floor commercial use and define ground floor glazing/transparency requirements based on this assumption. However, this is not required for Housing Inventory Sites as noted in PAMC Section 18.14.020(b)(i). Overall, the design is generally consistent with these guidelines although only objective standards may be applied to the project. Where the guidelines encourage specific requirements such as colors and defining corner elements, the project complies with the related objective standards set forth under 18.24. Therefore, the project is consistent with these guidelines. Item 3 Item 3 Staff Report     Packet Pg. 107     Item No. 3. Page 8 of 10 to school route along Curtner. Additionally, a bench or seating area could be provided within 30 feet of the front entrance to serve pedestrians. The ARB may wish to recommend these minor changes to the plans. Item 3 Item 3 Staff Report     Packet Pg. 108     Item No. 3. Page 9 of 10 Consistency with Application Findings As detailed in Attachment B, staff finds that this project meets all required findings for Major Architectural Review Application and facilitates development of a housing development project that is consistent with the City’s regulations, goals, and policies. Although the project does not comply with all aspects of the Comprehensive Plan and Municipal Code, the City must allow these deviations in accordance with state law. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW Item 3 Item 3 Staff Report     Packet Pg. 109     Item No. 3. Page 10 of 10 ATTACHMENTS ARB Liaison3 & Author Contact Information   Steven Switzer, Senior Historic Planner   (650) 329-2321   Steven.Switzer@PaloAlto.gov 3 Emails can be sent directly to the ARB at the following email: ARB@PaloAlto.gov Item 3 Item 3 Staff Report     Packet Pg. 110     Item 3 Attachment A - Location Map     Packet Pg. 111     1 0 2 6 6 ATTACHMENT B 3781 El Camino Real 24PLN-00161 The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC. The project is consistent with Finding #1 because: The proposed project complies with the zoning code except where the project deviates from the standards in a manner consistent with State law. The project is subject to the South El Camino Real Design Guidelines. The proposed project is generally consistent with the following Comprehensive Plan, below is an analysis of the applicable goals and policies: Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Neighborhood Commercial (CN) and Multiple-Family Residential (MF). Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations in the Neighborhood Commercial land use designation. The project is located along a high-quality transit corridor and the portions of the project site that are within these land use designations are identified as Housing Inventory Sites under the adopted Housing Element. Therefore, the proposed use multi- family residential use is consistent with these Comprehensive Plan land use designations. Housing Element Policy 4.3 Implement development standards, objective design standards, and architectural and green building standards that encourage new high-quality rental and ownership housing. The project complies with the implemented standards except where requests for waivers or concessions in accordance with state law is provided. The project provides the necessary upgrades to infrastructure on the site to provide new high-quality rental units. The project complies with all required green Item 3 Attachment B - ARB Findings for Approval     Packet Pg. 112     1 0 2 6 6 building requirements in accordance with state law and the city’s local reach code. Land Use and Community Design Goal L-1 A compact and resilient city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities and open spaces. The project redevelops existing developed parcels and provides an attractive development that is generally consistent with the City’s design criteria. Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. The project is an urban infill development proposal in the urban service area of the city. Policy L-1.4: Commit to creating an inventory of below market rate housing for purchase and rental. The proposed residential project includes 183 rental units, 13 percent of which would be provided at a rate affordable to low-income households or below. Goal L-2 An enhanced sense of “community” with development designed to foster public life, meet citywide needs and embrace the principles of sustainability. The project is designed to comply with CALGreen Tier 2 requirements that incorporate sustainable design, construction, and operational requirements to reduce energy and water operational costs and in increase indoor air quality for building owners and occupants. Policy L-2.2 Enhance connections between commercial and mixed use centers and the surrounding residential neighborhoods by promoting walkable and bikeable connections and a diverse range of retail and services that caters to the daily needs of residents. The project site is located on and adjacent to El Camino Real, a local serving and regional serving corridor, defined by a mix of commercial uses and housing. Caltrans recently installed Class III and Class IV bike lanes, which run along the project’s frontage on El Camino Real. Residents would be able to utilize these connections to other surrounding areas. Goal L-6: Well-designed buildings that create coherent development patterns and enhance city streets. The project frontage along El Camino Real provides a sidewalk and retains the existing four street trees. Alongside Curtner Avenue, the project proposes six new street trees for an inviting streetscape. The project includes high quality materials such as brick, wood, and stucco that aid in creating a cohesive design. Policy L-9.2 Encourage development that creatively integrates parking into the project, including by locating it behind buildings or underground wherever possible, or by Parking would be screened behind the first floor amenity spaces alongside El Camino Real with the parking garage entrance located along Curtner Avenue. Further, 215 parking Item 3 Attachment B - ARB Findings for Approval     Packet Pg. 113     1 0 2 6 6 providing for shared use of parking areas. Encourage other alternatives to surface parking lots that minimize the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand. spaces would be provided on-site exceeding the El Camino Real focus area parking requirements. Transportation Element Policy T-3.7 Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, outdoor furniture, art and interesting architectural details. The project includes direct connections to the sidewalk that help to activate the frontage along El Camino Real in addition to new street trees along Curtner Avenue. Policy T-3.9 Support citywide sustainability efforts by preserving and enhancing the tree canopy where feasible within the public right- of-way, consistent with the Urban Forest Management Plan, as amended. The project meets the tree canopy replacement requirements through on-site plantings. The project includes removal of 31 trees and replaces with 73 trees, which are proposed to be located along property lines, in the right of way, and within open space areas. The South El Camino Real Design Guidelines are applicable to the project, to the extent that the standards are objective, and the site is located within the Triangle Area Pedestrian Node. The project is consistent with the Guidelines, below is an analysis of the applicable guidelines: 3.1.1 Effective Sidewalk Width: Create a 12-foot effective sidewalk width along El Camino Real The project proposes a 12-foot effective sidewalk width. 3.1.2 Sidewalk Setback Design: The design of the sidewalk setback should create an urban “downtown” character. The proposed sidewalk setback includes areas for short-term bicycle parking and architectural wall lights. 3.1.3 Build to lines: Buildings should be built up to the sidewalk to reinforce the definition and importance of the street. The project provides 90% built to the setback while still providing the effective 12-foot sidewalk width. 3.1.5 Minimum Height: Buildings should have a minimum height of 25 feet in order to provide presence along El Camino Real. The project is 82 feet in height to the parapets. 3.3.1 Usable Amenities: Landscape and hardscape features should not just be visually appealing, but also function as open space amenities to be used The project includes outdoor seating areas, dining areas, and three spa areas with one cold plunge pool. Item 3 Attachment B - ARB Findings for Approval     Packet Pg. 114     1 0 2 6 6 and enjoyed. 4.1.8 Expression of Use: Building forms should be articulated as an expression of the building use. The project has been revised to add additional definition to the two-story residential entry area at the building’s corner. The balconies also provide visible private outdoor space, identifying the residential uses. 4.2.1 Relationship of Entries to the Street: Buildings should have entries directly accessible and visible from El Camino Real. The building has an entrance facing El Camino Real and Leasing entrance facing Curtner Avenue visible from El Camino Real. 4.3.6 Design Consistency on All Facades: All exposed sides of a building should be designed with the same level of care and integrity. All sides of the building use the same variety of materials and level of detail. They are also articulated for visual interest and to reduce massing. 4.4.1 Amenities: Building design should offer amenities to users and the public such as protection from the elements and places for people to gather or retreat. The project provides a number of public and private gathering areas. 4.5.1 Flat Roofs and Parapets Encouraged. Flat roofs with parapets are strongly encouraged. The proposed building has a flat roof with parapet design. 4.8.1 Mix of Materials: Juxtaposition of contrasting materials can create interest when carefully integrated. This project includes stucco, brick, glass, wood-like panel soffits, and metal in a composed design. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: Item 3 Attachment B - ARB Findings for Approval     Packet Pg. 115     1 0 2 6 6 The project is comprised of various residential amenity spaces at the first floor, third floor, and seventh floor and offers short-term bike racks for visitors and well as long-term bike lockers for residents. There is pedestrian access from El Camino Real and Curtner Avenue to promote walkability and connectivity. However, cars can only enter the garage on Curtner Avenue, as required per the objective standards. The pedestrian walkways are paved with attractive materials and landscaped. The project proposes to construct a building that is generally taller than the immediately surrounding buildings. However, adjacent to the project site to the north, there is another recently built residential building that is four stories in height. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: Item 3 Attachment B - ARB Findings for Approval     Packet Pg. 116     1 0 2 6 6 on Curtner Avenue. Additionally, there will be 136 bike lockers and eight short-term bike rack spaces, providing increased bicycle infrastructure in accordance with the code, an improvement from existing conditions. Although there are fewer bike spaces than required by the municipal code, this discrepancy is not a basis for project denial under the builder’s remedy provision of the Housing Accountability Act. There are both common and private open spaces available, including private decks for a majority of rental units. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. The project is consistent with Finding #5 because: Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project is consistent with Finding #6 because: Item 3 Attachment B - ARB Findings for Approval     Packet Pg. 117     ATTACHMENT C 3781 El Camino Real 24PLN-00161 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "C6_ 3781 El Camino Real” submitted to the City on November 26, 2025, on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary. 6. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a Builder’s Remedy project, as defined in Assembly Bill 1893, and is providing thirteen percent (23) of the base proposed units at prices affordable to lower income households. The project shall conform to the approved regulatory agreement, which shall be recorded prior to issuance of building permit or final map, whichever occurs first. All BMR units constructed under this condition shall be in conformance with the City’s BMR Program rules and regulations, as modified by the concession granted pursuant to State Density Bonus Law regarding unit distribution. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 7. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. All noise producing equipment shall be located outside of required setbacks. In accordance with PAMC Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. Item 3 Attachment C - Conditions of Approval     Packet Pg. 118     24PLN-00161 Page 2 of 13 8. LIGHTING. Between the hours of 10:00pm-6:00am lighting within the building or on the property shall be reduced to its minimum necessary to facilitate security, in order to minimize light glare at night. 9. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified music shall be used for producing sound in or upon any open area to which the public has access, whether publicly or privately owned, between the hours of 11:00pm and one hour after sunrise. 10. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane. 11. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs shall conform to the requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the City. 12. The property owner or their designee shall comply with all renter protection requirements afforded to existing renters in accordance with PAMC Chapter 9.68. 13. STANDARD REQUIREMENTS FOR UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL RESOURCES. No known archeological resources are present on or within the immediate vicinity of the site. However, as noted in the project description and per the City’s standard conditions, in the unlikely event that an archeological resource is unearthed during ground disturbing activities, work in the immediate area should be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is Native American in origin, then a Native American representative should also be contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the Native American representative, shall examine the find and make recommendations regarding additional work necessary to evaluate the significance of the find and the appropriate treatment of the resource. Recommendations could include, but are not limited to, invasive or non-invasive testing, sampling, laboratory analysis, preservation in place, or data recovery. A report of findings documenting any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to the Director of Planning. 14. RETENTION OF A QUALIFIED ARCHAEOLOGIST AND ARCHAEOLOGICAL MONITORING. Prior to the start of ground-disturbing activities, the Applicant and/or subsequent responsible parties shall retain an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards (NPS 2020a) (Qualified Archaeologist) to carry out all cultural resources related work associated with the project and to oversee the implementation of all Item 3 Attachment C - Conditions of Approval     Packet Pg. 119     24PLN-00161 Page 3 of 13 cultural resources mitigation measures. The Qualified Archaeologist shall possess experience and familiarity with historic-period and prehistoric archaeological resources in the region. The Qualified Archaeologist or other designated archaeologist working under the direction of the Qualified Archaeologist shall conduct full-time monitoring within native sediments to the project’s proposed maximum depths of disturbance. In general, archaeological monitoring shall be limited to initial ground disturbance which is defined as construction-related earthmoving of sediments from their native place of deposition and does not include any secondary movement of sediment that might be required for the project. The Qualified Archaeologist may adjust monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter archaeological deposits. The archaeological monitor shall maintain daily monitoring logs. Following the completion of construction, the Qualified Archaeologist shall prepare an archaeological monitoring report for submittal to the lead agency and the NWIC with the results of the archaeological monitoring program. 15. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the 31 trees proposed to be removed is required in accordance with Chapter 8 of the municipal code and the City’s Tree Technical Manual. 16. REFUSE. All trash areas shall be effectively screened from view and covered and maintained in an orderly state to prevent water from entering into the garbage container. No outdoor storage is allowed/permitted unless designated on the approved plan set. Trash areas shall be maintained in a manner to discourage illegal dumping. 17. PUBLIC ACCESS EASEMENT. The applicant shall include an offer of dedication for a public access easement for the additional dimension of sidewalk between the property line and back of walk and/or building edge that meets the 12-foot required effective sidewalk width as shown on the plans. Plot and label the Public Access Easement on the plans submitted for building permit. The applicant's engineer shall file the necessary documents and pay the applicable fees to dedicate the easement to the City and shall record the easement with the County Clerk Recorder following the City’s acceptance of the easement prior to occupancy. 18. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $9,758,751.44 plus the applicable public art fee, per PAMC 16.61.040, prior to the issuance of the related building permit(s). Impact fees may be paid at occupancy in accordance with the requirements under PAMC 16.64.030. 19. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, Item 3 Attachment C - Conditions of Approval     Packet Pg. 120     24PLN-00161 Page 4 of 13 dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6 20. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of two years from the date of issuance of the entitlement. If within such two years period, the proposed use of the site or the construction of buildings has not commenced, the Planning entitlement shall expire. Application for a one-year extension of this entitlement may be made prior to expiration. 21. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Steven Switzer at Steven.Switzer@PaloAlto.gov to schedule this inspection. 22. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC ART 23. The applicant has selected to pay the public art in-lieu fee as an alternative to constructing public art on site. Prior to issuance of a building permit, or as deferred to occupancy in accordance with state law, the applicant shall pay the required in-lieu contribution to the Public Art Fund. The Public Art Program team will need to verify the Construction Valuation with an outside consultant. Contact the Public Art Program at the time you apply for Building permit to begin this verification process. All information and application materials may be found at paloalto.gov/public art under the Policies and Documents tab. PUBLIC WORKS ZERO WASTE Item 3 Attachment C - Conditions of Approval     Packet Pg. 121     24PLN-00161 Page 5 of 13 24. 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.paloalto.gov/deconstruction. 25. 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. 26. 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. 27. TRASH SERVICE LOADING. On the plans submitted for building permit show a loading zone/signage that restricts parking on Olive in front of the curb cut for the trash rollout during refuse service hours to ensure that cars do not block the service area. The applicant shall bear the cost for curb painting and signage. 28. TRASH SERVICING. On the plans submitted for building permit revise the layout of the main trash collection room to provide 36 inches between each of the metal bins. No stacking of bins and carts will be allowed, each bin and cart must be equally and easily accessible. The service aisle used to maneuver the bins and carts must be 1.5 times the width of the largest bin. The plans submitted for building permit shall note that a maximum of 4 – 96gal carts will be brought to the main trash collection room for service. There shall be 6 inches between each of the carts. 29. TRASH ENCLOSURES. The trash enclosure rooms shall comply with the trash enclosure area guidelines requirements. Any changes to the trash room at building permit shall ensure compliance with the requirements. If a hose bib is installed, additional requirements may apply. 30. REFUSE SEPARATION AND COLOR-CODING. Cut sheets for the color-coded internal and external containers, related color-coded millwork, and colored signage must be included in the building plans prior to receiving approval from zero waste. Containers, signage and Item 3 Attachment C - Conditions of Approval     Packet Pg. 122     24PLN-00161 Page 6 of 13 millwork shall comply with Palo Alto Municipal Code 5.20.108. The three refuse containers shall include recycle (blue container), compost (green container), and garbage (black container). Applicant shall present on the plan the locations and quantity of both (any) internal and external refuse containers, it’s millwork, along with the signage. This requirement applies to any external or internal refuse containers located in common areas such as lobby, community room, open space, and etc. except for restrooms, copy area, and mother’s room. Millwork to store the color-coded refuse containers must have a minimum of four inches in height, wrapping around the full width of the millwork. Signage must be color coded with photos or illustrations of commonly discarded items. Restrooms must have a green compost container for paper towels and an optional black landfill container if applicable. Mail area must have either a recycle and trash bin only, or all three refuse receptacles (green compost, blue recycle, and black landfill container). Gym must minimally have a blue recycle container and black landfill container. Please refer to PAMC 5.20.108 and the Internal Container Guide. Examples of appropriate signage can be found in the Managing Zero Waste at Your Business Guide. Electronic copies of these signage can be found on the Zero Waste Palo Alto’s website, https://www.cityofpaloalto.org/Departments/Public- Works/Zero-Waste/What-Goes-Where/Toolkit#section-2 and hard copies can be requested from the waste hauler, Greenwaste of Palo Alto, (650) 493-4894. PUBLIC WORKS ENGINEERING 31. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.paloalto.gov/Departments/Public-Works/Engineering-Services/Forms-and- Permits 32. CERTIFICATE OF COMPLIANCE. A Certificate of Compliance for a Lot Merger required for the proposed project prior to issuance of a building permit. This application is filed with the Department of Public Works. The City contracts with a third-party surveyor that will review and provide approval of technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated in said letter. 33. STREETWORK PERMIT. The applicant shall obtain a Street Work Permit from the Department of Public Works for all public improvements. 34. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. Item 3 Attachment C - Conditions of Approval     Packet Pg. 123     24PLN-00161 Page 7 of 13 35. ADVISORY. A grading permit only authorizes grading and storm drain improvements, therefore, the following note shall be included on each grading permit plan sheet: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.” Plot and label the Public Access Easement on the plans submitted for building permit. The applicant's engineer shall file the necessary documents and pay the applicable fees to dedicate the easement to the City and shall record the easement with the County Clerk Recorder following the City’s acceptance of the easement prior to occupancy Item 3 Attachment C - Conditions of Approval     Packet Pg. 124     24PLN-00161 Page 8 of 13 content/uploads/2019/10/SCVURPPP_C3_Data_Form_September2019_fillable_final_9- 24-19.pdf b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 43. C.3 STORMWATER AGREEMENT. The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit approval. NOTE: Any revisions to the C.3 stormwater pollution prevention measures that are necessary to facilitate installation of said measures will be addressed in the agreement and the accompanying exhibits, executed by the City, and recorded with the County. 44. C.3 FINAL THIRD-PARTY CERTIFICATION PRIOR TO OCCUPANCY. Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 45. PAVEMENT RESTORATION. The applicant shall restore sections of pavement along Olive Avenue and Acacia Avenue by performing a 3.5” grind and overlay in order to address the damage inflicted onto the road by the project. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities, utility lateral installations, and curb & gutter construction. The extents that are subject to restoration are the project frontages, curb-to-curb. 46. IMPERVIOUS SURFACE AREA. The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 47. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO). The applicant is required to paint “No Dumping/Flows to Creek” in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329- 2598. Include the instruction to paint the logos on the construction grading and drainage plan. Item 3 Attachment C - Conditions of Approval     Packet Pg. 125     24PLN-00161 Page 9 of 13 48. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (RECORD DRAWINGS). At the conclusion of the project applicant shall provide digital as-built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. WASTE-GAS-WATER UTILITIES Item 3 Attachment C - Conditions of Approval     Packet Pg. 126     24PLN-00161 Page 10 of 13 meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans. 55. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD-12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City’s fire service, within 5’ (feet) of the property line or City Right of Way. 56. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 57. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 58. A new water service line installation for fire system usage is required. Show the location of the new water service on the plans. The applicant shall provide the engineering department with a copy of the plans for the fire system including all fire department's requirements. 59. A new sewer lateral is required, and a profile of the sewer lateral is required showing any possible conflicts with electric/communications duct banks or other utilities. 60. All existing water, and gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 61. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10’ of existing trees. Maintain 10’ between new trees and new water and wastewater services/laterals/meters. 62. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for the fire system including all fire department's requirements prior to the actual service installation. Item 3 Attachment C - Conditions of Approval     Packet Pg. 127     24PLN-00161 Page 11 of 13 63. A capacity study for water and wastewater report prepared by the developer’s licensed Engineer shall be submitted to the City of Palo Alto Utilities Engineering Department. The applicant's engineer shall submit flow calculations and system capacity study showing that the on-site and off-site water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anticipated peak flow demands. Field testing may be required to determine current flows and water pressures on the existing water main. Calculations must be signed and stamped by a registered civil engineer. 64. The applicant is required to perform, at his/her expense, a flow monitoring study of the existing sewer main to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream overloading of the existing sewer main will be permitted. 65. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater. ELECTRIC UTILITIES 66. GO 95 CLEARANCE. Clearances around the existing electric utility pole and overhead electric lines must be maintained per General Order 95 requirements. Show compliance with General Order 95 clearance requirements on the plans submitted for building permit. 67. UTILITIES. A Utilities Plan is required as part of an electrical utility application. If a utility pole along Acacia is planned for removal, illustrate undergrounding plans and plans to restore service laterals. PUBLIC WORKS URBAN FORESTRY 68. URBAN FORESTRY STANDARD CONDITIONS: In addition to any project specific Urban Forestry Conditions of Approval listed here, the Urban Forestry Standard Conditions listed on the T-1 Sheet Set included in the plans for this project still apply. 69. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO): During the permit phase of the project, applicant must provide all components of an MWELO submission for review. Please see the document titled “Model Water Efficient Landscape Ordinance (MWELO) Compliance Submittals and Guidelines” (https://paloalto.gov/civicax/filebank/documents/76159) to determine the specific Item 3 Attachment C - Conditions of Approval     Packet Pg. 128     24PLN-00161 Page 12 of 13 submission requirements for the project scope. Please follow the instructions in the above document when submitting your MWELO package as part of the permit application and plan set. 70. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all tree protection, tree inspection schedules, design recommendations, construction impact mitigation measures, and construction scheduling as stated in the Tree Preservation Report by Hort Science Bartlett Consulting dated July 2024 and any standard measures listed in the T-1 Sheet Set, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. 71. PROJECT ARBORIST REQUIRED: The property owner or contractor shall hire a designated arborist to ensure the project conforms to all Planning and Urban Forestry conditions related to landscaping/trees. The project arborist must be included in a mandatory preconstruction meeting and be present during any rough grading and trenching activities occurring within 10-feet of a Tree Protection Zone, and for any approved activities inside a Tree Protection Zone. 72. PROJECT ARBORIST CERTIFICATION FORM REQUIRED: During the building permit phase, the project arborist must submit an online form [https://us.openforms.com/Form/2262bf1ac26f-4c04-8daa-15dbd9c8e08e] certifying that they have reviewed the building permit plan set with regards to trees as well as any Urban Forestry Conditions of Approval, and that all requirements have been met. The letter also confirms that any required site monitoring inspections and reporting have been arranged in advance with the contractor or owner. Project Arborist Certification Forms should be included as supporting documents when submitting an application for a building permit that required prior approval through Planning (See Project Arborist Certification Form, TLTM Section 5.03.5). 73. MONTHLY ARBORIST INSPECTIONS REQUIRED: The project arborist shall perform monthly inspections to monitor changing conditions and tree health. The Urban Forester shall be in receipt of an inspection summary during the first week of each calendar month or, immediately if there are any changes to the approved plans or protection measures. Reports should be submitted via the online form [https://us.openforms.com/Form/ca5003f1-6836-4789-b534-b4dff1d457b1] (see Tree Monitoring Reports, TLTM Section 5.03.6). Item 3 Attachment C - Conditions of Approval     Packet Pg. 129     24PLN-00161 Page 13 of 13 74. TREE PERMIT REQUIRED: Plans indicate that protected trees will be removed as part of this project. Before scheduling tree removal or demolition activities, contact the Urban Forestry review staff for the project or email trees@paloalto.gov to obtain a Protected Tree Removal Permit to ensure that the project complies with PAMC 8.10.050. Item 3 Attachment C - Conditions of Approval     Packet Pg. 130     9 9 4 8 ATTACHMENT C 3781 El Camino Real, 24PLN-00161 Table 1: COMPARISON WITH CHAPTER 18.14 (HOUSING INCENTIVES) EL CAMINO REAL FOCUS AREA FOR CN DISTRICT (18.16) PARCELS Mixed-use and Residential Development Standards Regulation Required Proposed Minimum Site Area, width and depth None No change Minimum Front Yard (El Camino Real) 0-10 feet to create an 8-12 foot effective sidewalk width (1), (2), (8) 12 feet Rear Yard None Not Applicable Interior Side Yard None 10 feet Street Side Yard (Curtner Avenue)20 feet (2) 5* ft (ECR Focus Area Allowance) 15 feet Min. yard for lot lines abutting or opposite residential districts or residential PC districts 10 feet (2)Not Applicable Build-to-lines 50% of frontage built to setback on El Camino Real 33% of side street built to setback on Kendall Avenue (7) 90% of frontage built to setbacks Max. Site Coverage 50% 80%* (ECR Focus Area Allowance) 83% Max. Building Height 25 ft and 2 stories 85* ft (ECR Focus Area Allowance) 82 ft Max. Floor Area Ratio (FAR)0.5:1 4.0* (ECR Focus Area Allowance) 3.18:1 (88,112 sf of 27,665 sf lot size) Daylight Plane for lot lines abutting one or more residential zone districts None (6)Complies (Abutting CN) Minimum Usable Open Space 100 sf per unit (7,900 sf) (ECR Focus Area Allowance) 8,674 sf Max. Residential Density 108 DU/AC with 24.5% bonus (Cal. Gov. Code 65589.5(h)(11)(C)) 127 du/acre (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage Item 3 Attachment D - Zoning Consistency     Packet Pg. 131     9 9 4 8 Table 2: COMPARISON WITH CHAPTER 18.14 (HOUSING INCENTIVES) EL CAMINO REAL FOCUS AREA FOR RM-30 DISTRICT (18.13) Regulation Required Proposed Minimum/Maximum Site Area, Width and Depth 8,500 sf area, 70 foot width, 100 foot depth No Change Minimum Front Yard (Curtner Avenue) (2) 20 feet 15 feet Rear Yard 10 feet 10 feet Interior Side Yard 6 feet 8-9 feet Street Side Yard 16 feet Not Applicable Setback from major roadways [18.13.040(b)(1)(A)] 25 feet Not Applicable Max. Building Height 35 feet 85* ft (ECR Focus Area Allowance) 82 feet Side Yard Daylight Plane None Not Applicable Rear Yard Daylight Plane None Not Applicable Max. Site Coverage 40% 80% (ECR Focus Area Allowance) 83% Max. Total Floor Area Ratio 0.6:1 4.0* (ECR Focus Area Allowance) 3.26:1 (115,100 sf of 35,360 sf lot size) Minimum Site Open Space 30% 17% Minimum Usable Open Space 150 sf per unit (15,600 sf) 100 sf per unit (10,400 sf) (ECR Focus Area Allowance) 12,144 sf Minimum Common Open Space 75 sf per unit (7,800 sf)4,285 sf Minimum Private Open Space 50 sf per unit (5,200 sf)7,152 sf Table 5: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Multiple Family Residential* Type Required Proposed Vehicle Parking 1 per unit (183 units) = 183 spaces (ECR Focus Area Allowance) 215 spaces (36 tandem, 8 guest parking) Bicycle Parking 1 per unit long term (183) 1 per 10 units short term (18) 136 long term 8 short term Loading Space 1 required for more than 50 units 0 provided Item 3 Attachment D - Zoning Consistency     Packet Pg. 132     560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 -743-6979 Yarkin -743-6990 Atlanta | Austin | Birmingham | Boston | Century City | Charlotte | Chattanooga | Chicago | Dallas | Denver | Fort Lauderdale Houston | Jacksonville | Los Angeles | Miami | Nashville | Newport Beach | New York | Orlando | Philadelphia June 6, 2024 Re: Submission of Formal Development Application Under the “Builder’s Remedy” Provision of the Housing Accountability Act – 3781 El Camino Real, Palo Alto, CA Dear All: This firm represents Vittoria Management, Inc. (the “Applicant”), on behalf of whom we are pleased to provide the enclosed formal application for redevelopment of the property at 3781 El Camino Real (the “Project Site”) in Palo Alto, California (the “City”).1 The project proposes to redevelop the Project Site with 177 multifamily units (the “Project”), providing high-quality housing that will contribute to the City’s achievement of the City’s regional housing needs allocation. As a housing development project, the Project is subject to Senate Bill (“SB”) 330 and protected by the Housing Accountability Act (“HAA”).2 The purpose of this letter is to transmit the project’s formal planning application. The application provides the information required by the City’s Preliminary ARB Submittal Requirements Checklist and Major/Minor Architectural Review Submittal Requirements Checklist, which we understand to be the City’s requirements for the Project’s formal planning application. I. SB 330 and the “Builder’s Remedy” Provision of the HAA Pursuant to SB 330, the Applicant submitted a preliminary application on January 30, 2024, with the information required by Government Code Section 65941.1 and paid the City’s required fee on February 15, 2024. Accordingly, the Applicant obtained a vested right to develop a housing development project in accordance with the applicable “ordinances, policies, and standards” in effect as of February 15, 2024, subject to a requirement to submit a formal application within 180 1 The Project Site is composed of APNs: 132-41-019, 132-41-020, 132-41-083, 132-41-084. 2 Gov. Code § 65589.5. The Project qualifies as a housing development project protected by the HAA because the Project proposes all residential units. Gov. Code § 65589.5(h)(2)(A). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 133     June 6, 2024 Page 2 #503756241_v1 days, or by August 13, 2024.3 The enclosed formal application materials are hereby submitted in satisfaction of that requirement. An applicant’s vested rights include a right to proceed under the City’s housing element compliance status in effect at the time of the submittal of the Project’s SB 330 preliminary application.4 The compliance status of a jurisdiction’s housing element is determined by the Department of Housing and Community Development (“HCD”) and “HCD’s determination of substantial compliance with the Housing Element [l]aw, or lack thereof, is entitled to deference.”5 As confirmed by HCD, when a preliminary application submittal “occurs at a time when the jurisdiction does not have a compliant housing element, any potential benefits afforded to the applicant as a result of the jurisdiction’s noncompliant status . . . remain throughout the entitlement process even if the jurisdiction subsequently achieves compliance during the entitlement process.”6 Our cover letter for the Project’s SB 330 preliminary application explains in detail why the City’s housing element was not in substantial compliance with Housing Element law at the time of the Project’s SB 330 preliminary application submittal. Additionally, the Applicant submitted an SB 330 preliminary application prior to the City’s adoption of the City’s housing element on April 15, 2024 and HCD has not yet certified the adopted housing element. Therefore, Applicant’s SB 330 preliminary application vested against the City’s non-compliant housing element and the City must process Applicant’s application for a housing development project regardless of whether the Project complies with the City’s zoning or general plan.7 The proposal of a housing development project that does not comply with a jurisdiction’s applicable general plan designation or zoning, and which is made while a jurisdiction’s housing element is not in substantial compliance with Housing Element law, is informally known as the “Builder’s Remedy.” As explained in our prior letter, the City is prohibited from disapproving a qualifying Builder’s Remedy project “on the grounds it does not comply with the municipality’s zoning and general plan.”8 To qualify as a Builder’s Remedy project, the project must include housing “for very low, low-, or moderate-income households,” at the statutorily prescribed levels.9 For purposes of the HAA, housing “for very low, low-, or moderate-income households” includes 3 Gov. Code § 65589.5(o)(1); § 65941.1(d). 4 California Housing Defense Fund v. City of La Cañada Flintridge, Los Angeles County Superior Court Case No. 23STPC02614, Order on Petitions For Writ of Mandate and Complaints for Declaratory Relief (“Builder’s Remedy Order”), (Mar. 4, 2024), at 15-16. 5 Id. at 19 (citations omitted). 6 See HCD, “3030 Nebraska Avenue, Santa Monica – Letter of Technical Assistance” (Oct. 5, 2022). Available at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/santa-monica-TA- 100522.pdf. 7 California Housing Defense Fund, Builder’s Remedy Order, at 33 (holding that “the City is required by law to process the application pursuant to the Builder’s Remedy provision of the HAA” and that is is an abuse of discretion to find “that the Builder’s Remedy does not apply”). 8 California Housing Defense Fund, Builder’s Remedy Order, at 1; Gov. Code § 65589.5(d). 9 Gov. Code § 65589.5(d). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 134     June 6, 2024 Page 3 #503756241_v1 projects in which at least 20% of the units are rented at affordable rents to lower-income households.10 Here, the Project will reserve 20% of the Project’s units as affordable to lower income households Therefore, because the Project will provide the requisite levels of affordable units and the City’s housing element was out of compliance at the time the Project’s SB 330 preliminary application was submitted, the City may not deny the Project for noncompliance with the existing general plan designation or zoning. For this reason, the Project is not required to, and is not designed to, comply in all respects with the Project site’s zoning or general plan designations. The Project design may continue to evolve throughout the processing of the Project’s application because a project’s vested rights are maintained as long as “the number of residential units or square footage of construction” does not change by more than 20%.11 II. State Density Bonus Law – Right Reserved By providing 20% of the Project’s units affordable to lower income households, the Project is entitled to the benefits of the State Density Bonus Law (“SDBL”), Gov. Code § 65915. This letter reserves the right to apply for certain benefits under the SDBL at a later date. Pursuant to the SDBL, the Project’s affordability level entitles the Project to all of the following separate categories of benefits: • A 35% density bonus over the base density; • (2) Two mandatory concessions or incentives; • (3) Any required physical waivers of development standards to accommodate the Project; and • (4) Applicable mandatory residential parking standards. Because the Project is a qualifying Builder’s Remedy project, the Project is not limited by existing zoning or general plan standards and the City must process the Project’s application consistent with the requirements under state housing law.12 Although the Project is not required to exercise the Project’s right to a density bonus, the Applicant reserves the right to apply for density bonus units, up to the maximum, and other protections for which it is eligible. The Project is not required to utilize a density bonus in order to qualify for incentives, concessions, waivers, and parking reductions. Applicant reserves the right to identify and apply for SDBL concessions or incentives, waivers, and parking reductions at a later date. Please note that the City’s authority to review the “completeness” of the Project’s formal development application is strictly limited to determining whether the application provided the 10 Gov. Code § 65589.5(h)(3). 11 Gov. Code § 655895(o)(2)(E). 12 Gov. Code § 65589.5(f)(1) (any objective policies, standards, or conditions applied to the project must “be applied to facilitate and accommodate development at the density . . . proposed by the development”). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 135     June 6, 2024 Page 4 #503756241_v1 material contained on the City’s official submittal requirements checklist(s), as they existed at the time of submittal.13 Additionally, “[i]n any subsequent review of the application determined to be incomplete, the local agency shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete.”14 We look forward to receiving the City’s response to the enclosed formal application and welcome further advisory comments in addition to the completeness determination. Thank you for your attention to this matter, we look forward to working with the City on bringing this project to fruition. Sincerely yours, HOLLAND & KNIGHT LLP Chelsea Maclean Genna Yarkin 13 Gov. Code § 65943(a); see also Gov. Code §§ 65940, 65941, 65941.5. 14 Gov. Code § 65943(a). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 136     560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 -743-6990 -743-6979 Houston | Jacksonville | Los Angeles | Miami | Nashville | Newport Beach | New York | Orlando | Philadelphia | Portland April 25, 2025 - 5th Floor Re: Invocation of “Builder’s Remedy 2.0” Under AB 1893, and CEQA Compliance for the Housing Development Project at 3781 El Camino Real (24PLN-00161) Dear All: This firm represents Vittoria Management, Inc. (the “Applicant”) in connection with its application for a housing development project consisting of 177 multifamily units (the “Project”) at 3781 El Camino Real (the “Project Site”) in Palo Alto (the “City”). The City determined the Project’s application complete for Permit Streamlining Act purposes on March 17, 2025. As explained in more detail in our previous communication, the Project is protected by the Housing Accountability Act (the “HAA”) inclusive of the Builder’s Remedy provision. The Applicant has also secured vested rights to develop the Project pursuant to the Housing Crisis Act of 2019 (“SB 330”). The purposes of this letter are to: 1.Document the Project’s eligibility for and affirmatively invoke the protections of Assembly Bill (“AB”) 1893, also known as “Builder’s Remedy 2.0”; and 2. Document the Project’s eligibility for the protections of AB 1633 and the “Infill Exemption” from the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15332. AB 1893’s Protections and Its Applicability AB 1893 went into effect on January 1, 2025 and provides significant new protections for Builder’s Remedy projects. Importantly, its new protections extend to proposals, including the Project, that predate AB 1893’s effective date.1 AB 1893 allows Builder’s Remedy projects to include 13% low 1 See Gov. Code § 65589.5(f)(7)(A) (as amended by AB 1893) (“For a housing development project application that is deemed complete before January 1, 2025, the development proponent for the project may choose to be subject to the provisions of this section that were in place on the date the preliminary application was submitted, or, if the project Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 137     Palo Alto Planning Department April 25, 2025 Page 2 #519811052_v2 income units,2 and for in-process projects switching to Builder’s Remedy 2.0 to make modifications to their proposal even if they exceed a 20% change in units or square footage.3 The Applicant is hereby electing to convert to Builder’s Remedy 2.0 and include 13% low income units (23 total units when calculated as a portion of the Project’s units totally which is below the base maximum per AB 1893) in the now-revised Project. The Applicant reserves all rights it has including under the HAA as amended by AB 1893, or any other state or local laws, to return to its original proposal for the Project if warranted at a later time. In addition to the above-described provisions, AB 1893 includes the following notable protections, of which we wish to remind the City: • Local agencies may not require a Builder’s Remedy 2.0 Project to apply for or receive approval of a general plan amendment, specific plan amendment, rezoning, or other legislative approval.4 Local agencies also may not require a Builder’s Remedy 2.0 Project to apply for or receive any approval or permit not generally required of a non-Builder’s Remedy project of the same type and density.5 • Local agencies may not adopt or impose any requirements (including fees), or undertaking any course of conduct, with respect to Builder’s Remedy 2.0 Projects that do not apply to other projects.6 • Builder’s Remedy 2.0 Projects are deemed consistent with all applicable local standards and plans, and may not be treated as nonconforming uses.7 • Prior to AB 1893, the HAA provided only that jurisdictions could not “disapprove” Builder’s Remedy projects, or condition such projects in a manner that rendered the affordable portion of the project infeasible. AB 1893 has significantly expanded the scope of prohibited actions. In addition to prohibiting a local agency from voting to disapprove a Builder’s Remedy 2.0 Project, AB 1893 also notably prohibits local agencies from: meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this section applicable as of January 1, 2025.”). See also Gov. Code § 65589.5(h)(5) (“Notwithstanding any other law, until January 1, 2030, ‘deemed complete’ means that the applicant has submitted a preliminary application pursuant to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to Section 65943.”) (emphasis added). 2 Gov. Code §§ 65589.5(d); (h)(3)(C)(i)(III) (as amended by AB 1893). 3 Gov. Code § 65589.5(f)(7)(B) (as amended by AB 1893). 4 Gov. Code § 65589.5(f)(6)(D)(i) (as amended by AB 1893). 5 Gov. Code § 65589.5(f)(6)(D)(ii) (as amended by AB 1893). 6 Gov. Code § 65589.5(f)(6)(E) (as amended by AB 1893). 7 Gov. Code § 65589.5(f)(6)(D)(iii) (as amended by AB 1893). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 138     Palo Alto Planning Department April 25, 2025 Page 3 #519811052_v2 o Taking a “final administrative action” (other than a vote) that functions as a project disapproval;8 o Subjecting a Builder’s Remedy 2.0 to more than five hearings;9 o Wrongfully determining that a Builder’s Remedy 2.0 Project preliminary application has expired or failed to establish vested rights in contravention of the Permit Streamlining Act;10 o Maintaining a “course of conduct undertaken for an improper purpose” that functions as an “effective disapproval” of a Builder’s Remedy 2.0 Project.11 • AB 1893 also expands the HAA’s prohibition on unlawful conditioning. The local agency is now prohibited from imposing any condition that would render the Builder’s Remedy 2.0 Project as a whole infeasible (rather than just the affordable component of the project).12 The local agency is also now specifically prohibited from imposing a combination of conditions that would render the Builder’s Remedy 2.0 Project infeasible.13 The Project qualifies for AB 1893, as documented in the following chart: Summary of AB 1893 Criteria Project Consistency Affordability (Gov. Code § 65589.5(h)(11)(A)). The project is a housing development project that provides housing for very low, low-, or moderate-income households. Gov. Code § 65589.5(h)(3): 55 years for rental units, 45 years for ownership units. “Housing for mixed-income households” = • At least 7 % “extremely low income” ; or • At least 10 % “very low income”; or • Does the project satisfy one of the applicable affordability percentage requirements? • Yes, the Project includes 13% low income units, calculated as a portion of the Project unit total (which is less than the base maximum per AB 1893). Will the affordability of these units be ensured for the required period? • Yes, the Applicant will ensure affordability of the rental units for 55 years. 8 Gov. Code § 65589.5(h)(6)(A) (as amended by AB 1893). 9 Gov. Code § 65589.5(h)(6)(E) (as amended by AB 1893). 10 Gov. Code § 65589.5(h)(6)(H) (as amended by AB 1893). 11 Gov. Code § 65589.5(h)(6)(D) (as amended by AB 1893). 12 Gov. Code § 65589.5(d) (as amended by AB 1893). 13 Gov. Code § 65589.5(f)(6)(B) (as amended by AB 1893). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 139     Palo Alto Planning Department April 25, 2025 Page 4 #519811052_v2 Summary of AB 1893 Criteria Project Consistency • site smaller than 1 acre, proposed at Housing element compliance (Gov. Code § 65589.5(h)(11)(B)). When application was “deemed complete” (this includes submission of SB 330 preliminary application or formal application)14 the jurisdiction did not have a housing element that was in substantial compliance 15 with this article. At the time of preliminary application submittal (or, if no preliminary application was submitted, the time of submission of a complete formal application), was the jurisdiction’s housing element certified as substantially compliant by HCD or a court of competent jurisdiction? • No – project qualifies for this requirement. Maximum density (Gov. Code § 65589.5(h)(11)(C)). Must comply with the greatest of the following densities (plus can add any density bonus per State Density Bonus Law): (i) The density does not exceed the greatest of the following densities: (I) Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 16 (this is known as the “Mullen density”). Does the project comply with the applicable maximum density? • Yes – Explanation below Using the options at left, we have identified the highest density for each APN of the Project Site, and calculated a weighted average by percentage of the site (63,025 square feet total) that each APN represents, to determine the base maximum density per AB 1893, as follows: APN 132-41-019 = 40 per comprehensive plan x 3 = 120 du/acre + 35 for “highest resource” tract = 155 du/acre 14 Gov. Code § 65589.5(h)(5). 15 See Gov. Code § 65589.55(a) (“For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section 65589.5, a housing element or amendment shall be considered in substantial compliance with this article only if the element or amendment was in substantial compliance, as determined by the department or a court of competent jurisdiction, when a preliminary application, including all of the information required by subdivision (a) of Section 65941.1, was submitted or, if a preliminary application was not submitted, when a complete application pursuant to Section 65943 was submitted.”). 16 “The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 140     Palo Alto Planning Department April 25, 2025 Page 5 #519811052_v2 Summary of AB 1893 Criteria Project Consistency general plan, zoning ordinance, or state law, whichever is greater. (III) The density that is consistent with the density specified in the housing element. Add 35 du/acre to the maximum summarized above, if any portion of the site is located within any of the following: (I) One-half mile of a major transit stop.17 (II) A very low vehicle travel area. (III) A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map.”18 • 155 = 13.839 du/acre APN 132-41-020 = 40 per comprehensive plan x 3 = 120 du/acre + 35 for “highest resource” tract = 155 du/acre • 29,618 square feet/ 63,025 square feet x 155 = 72.841 du/acre APN 132-41-083 = 30 mullen + 50% = 45 du/acre + 35 for “highest resource” tract = 80 du/acre • 18,376 square feet/ 63,025 square feet x 80 = 23.325 du/acre APN 132-41-084 = 30 mullen + 50% = 45 du/acre + 35 for “high resource” tract = 80 du/acre • 9,160 square feet/ 63,025 square feet x 80 = 11.627 du/acre 13.839 + 72.841 + 23.325 + 11.627 = 121.63 (rounded to 122) du/acre maximum for the Property under B.R. 2.0, prior to using any State Density Bonus Law bonus. Yields a 177 unit “base” maximum, which is consistent with the Project’s 177 proposed units. The affordability requirement for AB 1893 is 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.” Gov. Code § 65583.2(c)(3)(B). 17 “‘Major transit stop’ means a site containing any of the following: (a) An existing rail or bus rapid transit station. (b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.” Pub. Res. Code § 21064.3. 18 See HCD, 2024 CTCAC Opportunity Map (https://belonging.berkeley.edu/final-2024-ctcac-hcd-opportunity- map). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 141     Palo Alto Planning Department April 25, 2025 Page 6 #519811052_v2 Summary of AB 1893 Criteria Project Consistency Minimum density (Gov. Code § 65589.5(h)(11)(D)). (i) On sites that have a minimum density requirement and are located within 1/2 mile of a commuter rail station or a heavy rail station, cannot go below the minimum. (ii) On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or 1/2 of the “Mullen density,” whichever is lower.19 Does the site have a minimum density requirement under the local zoning ordinance? If so, does the project satisfy the statutory minimum density requirements? If not, can it be revised to do so? • Not applicable here – project qualifies Site restrictions (Gov. Code § 65589.5(h)(11)(E)). The project site does not abut a site where more than one-third of the square footage on the site has been used, within the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in Section 65913.16.20 Does the project site abut a disqualifying industrial site? • No The Project’s Eligibility for the Protections of AB 1633 and a CEQA Infill Exemption We first note for informational purposes that the Project is eligible for the protections of AB 1633, which became effective January 1, 2024, as documented in more detail in the below chart. Under 19“The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.” Gov. Code § 65583.2(c)(3)(B). 20 Gov. Code § 65913.16(b): (4) “Heavy industrial use” means a use that is a source, other than a Title V source, as defined by Section 39053.5 of the Health and Safety Code, that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code,20 pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). A use where the only source permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions and operating limits, is not a heavy industrial use. […] (11) “Title V industrial use” means a use that is a Title V source, as defined in Section 39053.5 of the Health and Safety Code.20 Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 142     Palo Alto Planning Department April 25, 2025 Page 7 #519811052_v2 AB 1633, it is now a violation of the HAA to fail to grant qualifying projects a CEQA exemption, where there is substantial evidence in the record that the project is eligible for such an exemption. AB 1633 limits the City’s authority to require analysis that is not legally required and beyond the limited scope of its discretion. AB 1633 Eligibility Criteria Project Consistency [S]ubstantial evidence in the record before the local agency that the housing development project is not located . . .” in the following areas:21 zone 22 coastal zone. of statewide importance . . . designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.”23 farmland of statewide importance by the California Department of Conservation.24 The Project site is not zoned or designated for agricultural protection, but rather is zoned for urban uses and surrounded by other urban uses. and does not contain wetlands. Cortese List “or a hazardous waste site designated by the Department of Toxic Substances Control,” unless the Department of Toxic Substances Control has cleared the site for residential or residential mixed uses.26 21 Gov. Code § 65589.5.1(a)(1): On a site specified in subparagraphs (A) to (C), inclusive, or subparagraphs (E) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.” 22 Gov. Code § 65913.4(a)(6)(A) (as amended by SB 423 (2023)). 23 Gov. Code § 65913.4(a)(6)(B). 24 See https://maps.conservation.ca.gov/DLRP/CIFF/, last accessed April 13, 2025. 25 Gov. Code § 65913.4(a)(6)(C) (“as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993)”). 26 Gov. Code § 65913.4(a)(6)(E). 27 California Environmental Protection Agency Cortese List: https://calepa.ca.gov/sitecleanup/corteselist/, last visited April 12, 2025. Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 143     Palo Alto Planning Department April 25, 2025 Page 8 #519811052_v2 AB 1633 Eligibility Criteria Project Consistency fault zone, “unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission . . ., and by any local building department . . ..”28 earthquake fault zone.29 subject to inundation by the 1 percent chance of flood,” unless the project has been issued a Letter of Map Revision or flood plain development permit.30 which is not a special flood hazard area.31 project has received a no-rise certification.32 an adopted natural community conservation plan . . ., habitat conservation plan . . ., or other adopted natural resource protection plan.”34 not identified for conservation. identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the and surrounded by urban uses. We do not anticipate the Project site contains such habitat. 28 Gov. Code § 65913.4(a)(6)(F). 29 See https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcf, last accessed April 13, 2025. 30 Gov. Code § 65913.4(a)(6)(G). 31 See https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, last accessed April 13, 2025. 32 Gov. Code § 65913.4(a)(6)(H). 33 See https://hazards- fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, last accessed April 13, 2025. 34 Gov. Code § 65913.4(a)(6)(I). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 144     Palo Alto Planning Department April 25, 2025 Page 9 #519811052_v2 AB 1633 Eligibility Criteria Project Consistency Act . . ., or the Native Plant Protection Act . . ..”35 easement.”36 easements recorded on the Project site, based on the Project’s title report. severity zone, as determined by the Department of Forestry and Fire Protection.”37 Hazard Severity Zone within the State Responsibility Area as determined by CALFire.38 The project’s parcel(s) is legal and located “within an urbanized area 39 and meets one or the more of the following criteria . . ..”40 distance” of “a high quality transit corridor,” as defined in Public Resources Code Section 21155(b), or “a major transit stop,” as defined in Pub. Res. Code Section 21064.3.41 qualifies under one or more other criteria. travel area”42 qualifies under one or more other criteria. . . . as of the date of the” 43 Community Playing Fields; Grocery Outlet; Barron 35 Gov. Code § 65913.4(a)(6)(J). 36 Gov. Code § 65913.4(a)(6)(K). 37 Gov. Code § 65589.5.1(a)(1)(B) (“Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.”). 38 See https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity- zones, last accessed April 13, 2025. 39 A parcel is within an urbanized area if it meets the definition provided in Public Resources Code Section 21071. Gov. Code § 65589.5.1(b)(5). The Project site is located in an urbanized area because Palo Alto is a qualifying incorporated city because its population, when combined with the populations of contiguous cities Menlo Park and East Palo Alto, is greater than 100,000. 40 Gov. Code § 65589.5.1(a)(2). 41 Gov. Code § 65589.5.1(a)(2)(A). 42 Gov. Code § 65589.5.1(a)(2)(B). 43 Gov. Code § 65589.5.1(a)(2)(C). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 145     Palo Alto Planning Department April 25, 2025 Page 10 #519811052_v2 AB 1633 Eligibility Criteria Project Consistency A project is proximal an amenity if it is within: • .5 mile of “[a] bus station” or “[a] ferry terminal”; OR 1 mile of “[a] supermarket or grocery store,” “public park,” “community center,” “pharmacy or drugstore,” “medical clinic or hospital,” “public library,” or school serving any grade - kindergarten to 12th grade.44 qualifies under one or more other criteria. – see row immediately below. (or 3 sides of a 4 sided project site) is adjoined by urban uses.45 shown on Google Maps. The project’s density meets the following criteria units per acre.”46 du/ac. “There is substantial evidence in the record that” • 47 44 Gov. Code § 65589.5.1(b)(4). 45 Gov. Code § 65589.5.1(a)(2)(D). 46 Gov. Code § 65589.5.1(a)(3). 47 Gov. Code § 65589.5.1(a)(4)(A) Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 146     Palo Alto Planning Department April 25, 2025 Page 11 #519811052_v2 AB 1633 Eligibility Criteria Project Consistency • sought is not barred by an 48 We anticipate that the City will find the Project eligible for a Class 32 Infill Exemption, because it meets the Class 32 Infill Exemption criteria and is not subject to any of the exceptions, as documented below. 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. As revised to proceed under Builder’s Remedy 2.0, the Project is consistent as a matter of law. AB 1893 provides that any project that complies with AB 1893 “shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes.”49 On February 7, 2025, San Jose received a Technical Assistance letter from the Department of Housing and Community Development (HCD) that says due to AB 1893, lead agencies cannot rely on subdivision (a) of CEQA Guidelines section 15332 to preclude a project that meets the definition of “Builder’s Remedy” from utilizing a Class 32 Infill Exemption. Builder’s Remedy projects that meet all other criteria for a Class 32 Infill Exemption, and for which none of the exceptions criteria in Section 15300.2 of the CEQA Guidelines apply, are eligible for a Class 32 Infill Exemption. 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project Site is approximately 1.45 acres, and is entirely surrounded by urban uses. 3. The project site has no value as a habitat for endangered, rare, or threatened species. The Project Site is not identified in any regional, state, or federal plans for habitat or conservation. The Project Site is developed with urban uses and is surrounded by urban development and significant roadways including El Camino Real, and has no anticipated value as habitat for threatened, rare or endangered species. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. 48 Gov. Code § 65589.5.1(a)(4)(B). 49 Govt. Code §65589.5(f)(1)(D)(iii). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 147     Palo Alto Planning Department April 25, 2025 Page 12 #519811052_v2 The Project does not entail any unusual methods of construction or particularly impactful use, and we anticipate that the Project will be found not to cause significant traffic, noise, air quality, or water quality impacts. 5. The site can be adequately served by all required utilities and public services. The Project would not propose unusually intensive uses, and will be required to comply with all local regulations governing the provision of utilities and public services. Exceptions to Categorical Exemptions 50: 1. The project will not have a significant cumulative impact resulting from “successive projects of the same type in the same place, over time.”51 The Project is a single residential development, and there is no plan to propose “successive” development on the Project Site. Accordingly, we anticipate the City will conclude that the Project will not have any new cumulative impacts related to “successive projects of the same type in the same place, over time.” 2. The project will not “have a significant effect on the environment due to unusual circumstances.”52 There are no unusual circumstances related to the Project. In determining whether the “unusual circumstances” exception applies, the only questions are (a) whether there is any substantial evidence to support the City’s conclusion that the Project does not have unusual features that distinguish it from other comparable Class 32 infill projects, and (b) whether any project opponents have shown that “the project will have a significant environmental effect.”53 The Project is a typical infill housing development project and we anticipate that substantial evidence will demonstrate that the Project will not have a significant effect on the environment. Further, no opponents have demonstrated that the project “will have” significant environmental effects. 3. The project will not “result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.”54 The Project has no effect on scenic highways. 50 CEQA Guidelines § 15300.2. 51 CEQA Guidelines § 15300.2(b). 52 CEQA Guidelines § 15300.2(c). 53 Walters v. City of Redondo Beach (2016) 1 Cal.App.5th 809, 822-23 (emphasis in the original). 54 CEQA Guidelines § 15300.2(d). Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 148     Palo Alto Planning Department April 25, 2025 Page 13 #519811052_v2 4. The project is not “located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.”55 The Project Site is not listed on the Cortese List and it is not designated by the Department of Toxic Substances Control as a hazardous waste site.56 5. The project will not cause a substantial adverse change in the significance of a historical resource.”57 The Project Site is not a designated as historic. This exception may only be applied to the extent that designation had already been made on or before the Project’s complete application was submitted.58 As outlined in this letter, the Project is eligible for AB 1633 and a Class 32 Infill Exemption. The Applicant would like to move forward with the process to complete CEQA, including any specific studies required, and look forward to discussing with the City as soon as possible. We appreciate the City’s attention to this Project. Sincerely, HOLLAND & KNIGHT LLP Genna Yarkin Chelsea Maclean 55 CEQA Guidelines § 15300.2(e). 56 California Environmental Protection Agency Cortese List: https://calepa.ca.gov/sitecleanup/corteselist/, last visited April 12, 2025. 57 CEQA Guidelines § 15300.2(f). 58 Gov. Code § 65913.10. Item 3 Attachment E - Applicant’s Project Description Letter     Packet Pg. 149     City of Palo Alto - Objective Design Standards Checklist Page 1 Objective Design Standards Checklist The Objective Design Standards Checklist is a tool to evaluate a project’s compliance with the Zoning Ordinance (Chapter 18.24). The Checklist is not the Zoning Ordinance. Applicants shall be responsible for meeting the standards in the Zoning Ordinance. To simplify evaluation of the Zoning Ordinance, language in the Checklist may vary from the Zoning Ordinance. (Note: sf = square feet) If a standard is not applicable to applicant’s project, please write N/A in Applicant’s Justification column. 18.24.020 Public Realm/Sidewalk Character Check Standard Sheet #Notes (b)(1) Sidewalk Widths (A) In the following districts, public sidewalk width (curb to back of walk) is at least: Commercial Mixed-Use District: CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD: 10 ft El Camino Real: 12 ft San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft And consists of: AP1.00 Complies. 4 feet 2 inches foot Public Access Easement on El Camino Real – to create an effective 12- foot sidewalk Pedestrian clear path width of 8 foot minimum: 12 feet ☐ Landscape or furniture area width of 2 foot minimum: 4 feet ☐ If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided. ☐ (B) Public sidewalks or walkways connecting through a development parcel (e.g. on a through lot with a public access easement, leading to a commercial entry) must be at least 6 feet wide. (C) The width of walkways designed to provide bicycle access (e.g. pathway to bike racks/lockers) must be at least 12 feet wide, consisting of: AP1.00 Complies. 4 feet 2 inches foot Public Access Easement on El Camino Real – to create an effective 12- foot sidewalk ☒ Pedestrian clear path width (8 feet min.): 8 ft Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 150     City of Palo Alto - Objective Design Standards Checklist Page 2 Clear space/buffer – (2 feet min. on each side of path, ground cover is allowed): 4 feet and 6.5 feet Check Standard Sheet #Applicant’s Justification (B)(2) Street Trees 1. One street tree provided for every 30 linear feet of public sidewalk length and located within six feet of the sidewalk. L1 Does not comply. While the project proposes 6 new street trees it does not meet the required 15 trees. A Waiver would be required. a. Length of parcel frontage/public sidewalk length: 460 feet b. Street Trees required (i.e. frontage/30 feet): 15 trees ☒ c. Street Trees provided: 17 (4 existing + 6 new) (B)(3) Accent Paving Parcels abutting University Avenue between Alma Street and Webster include accent paving along the project frontages, as indicated below: N/A Brick paving at corners ☐ Brick trim mid-block ☐Parcel abutting California Avenue between El Camino Real and Park Blvd include decorative glass accent paving along project frontages (B)(4) Mobility Infrastructure ☒ (A) On-site micromobility infrastructure (e.g. bike racks/lockers) is located within 30 feet of the primary building entry and/or on a path leading to the primary building entry; OR AP1.00 Complies Pi c k O n e ☐Existing micromobility infrastructure (e.g. bike racks/lockers) is already located within 50 feet of project site and located in a public right-of-way. Pi c k On e ☒(B) Primary building entries shall provide at least one seating area or bench within 30 feet of building entry and/or path leading to building entry. On AP2.01 Does not comply. No seating is provided within 30 feet of building entry and/or path Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 151     City of Palo Alto - Objective Design Standards Checklist Page 3 (A) arterials (see Map T-5), except Downtown, seating areas or benches shall not be located between the sidewalk and the curb; OR leading to building entry. A Waiver would be required. ☐Existing seating areas or benches that are already located in the public right-of-way within 50 feet of the building entry. 18.24.030 Site Access Check Standard Sheet #Applicant’s Justification (b)(1) Through Lot Connections ☐ Through lots located more than 300 feet from an intersecting street or pedestrian walkway shall provide a publicly accessible sidewalk or pedestrian walkway (with public access easements) connecting the two streets. N/A (b)(2) Building Entries ☒ Primary Building Entries shall be located from a public right-of-way. If there is no public right-of-way adjacent to the building, entries shall be located from a private street or Pedestrian Walkway. AP1.00 AP2.01 Complies (b)(3) Vehicle Access ☒(A) Vehicle access shall be located on alleys or side streets when they abut the property. AP1.00 AP2.01 Complies ☒ (B) Except for driveway access and short-term loading spaces (e.g. taxi), off-street parking, off-street vehicle loading (delivery trucks), and vehicular circulation areas are prohibited between the building and primary building frontage. AP1.00 AP2.01 Complies (b)(4) Loading Docks and Service Areas Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows: AP1.00 AP2.01 No loading provided. ☐(A) Loading docks and service areas shall be located on façades that do not face a primary building frontage Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 152     City of Palo Alto - Objective Design Standards Checklist Page 4 ☐ (B) Loading docks and service areas located within setback areas shall be screened by a solid fence, or wall, or dense landscaping and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement/safety. 18.24.040 Building Orientation and Setbacks Check Standard Sheet #Applicant’s Justification (b)(1) Building Corner Elements (less than 40 feet in height) Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include all of the following features on their secondary building frontage: (A) height and width of corner element shall have a ratio greater than 1.2:1. For townhomes, the width would be equal to the smaller side of one unit?Building above 40 feet a. Secondary building frontage height: _____ feet b. Secondary building frontage length: _____ feet ☐ c. Secondary building frontage height to width ratio: ___ (B) minimum of 15% fenestration area. a. Total secondary building frontage façade area: ___ sf b. Secondary building frontage façade fenestration area: ___ sf☐ c. Percent of fenestration area _____ % Ch e c k A l l ☐(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. (b)(2)(A) & (B) Treatment of Buildings Corners on Corner Lots (40+ feet in height) Corner Buildings 40 feet or taller in height shall include at least one of the following special features: Ch e c k On e o r Mo r e wi t h i n A or B A. Street wall is located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet on both facades meeting at the corner and includes one or more of the following building features: Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 153     City of Palo Alto - Objective Design Standards Checklist Page 5 ☒i. An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building. AP1.00 AP2.01 Complies ☒ii. A different material application and/or fenestration pattern from the rest of the façade. AP3.00 AP3.01 Complies ☐iii. A change in height of at least 4 feet greater or less than the height of the adjacent/abutting primary façade. B. An open space with a minimum dimension of 20 feet and minimum area of 450 sf. The open space shall be at least one of the following ☐i. A publicly accessible open space/plaza. ☐ii. A space used for outdoor seating for public dining. Ch e c k O n e o r Mo r e w i t h i n A o r B ☐ iii. A residential Common Open Space adjacent to a common interior space (i.e. lobby, retail, etc.) and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% open/transparent. (b)(3) Primary Building Entry The primary building entry meets at least one of the following standards: ☒A. Faces a public right-of-way.AP3.00 AP3.01 Complies ☒B. Faces a publicly accessible pedestrian walkway.AP3.00 AP3.01 Complies C. Is visible from a public right-of-way through a forecourt or front porch that meets the following standards: i. For residential buildings with fewer than seven units, building entry forecourts or front porch minimum dimensions of (min. 36 sf and min. dimension of 6 feet required): ___ sf and ___ ft. min. dimension Ch e c k O n e o r M o r e ☐ii. For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porch minimum dimensions of (min. 100 sf and a min. width of 8 feet required): ___ sf and ___ ft. min. width (b)(4) Ground Floor Residential Units A. Finished Floor Height for Ground Floor Units Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 154     City of Palo Alto - Objective Design Standards Checklist Page 5 Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 155     City of Palo Alto - Objective Design Standards Checklist Page 6 ☐The finished floor of ground floor residential units, when adjacent to a public right-of- way, must be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2a and 2b of the Zoning Ordinance. Calculate minimum ground floor finished floor height: AP2.01 No ground floor units ☐Setback adjacent to public right of way: 20 feet ☐ Minimum ground floor finished floor height: ___0__ feet 𝒚 = ― 𝟒 𝟏𝟓(𝒙)+ 𝟏𝟔 𝟑 where 𝑥 = setback length from back of walk, in feet and 𝑦 = ground floor finished floor height, in feet ☐Sites with slopes greater than 2% along building façade – Average height of finished floor: _____ feet Ch e c k A l l t h a t A p p l y ☒Sites located in flood zones – the minimum ground floor finished floor height shall be defined by FEMA, less flood zone elevation: _11____ feet B. Setback Trees Ground floor units with a setback greater than 15 feet must have at minimum an average of one tree per 40 linear feet of facade length, within the setback area. AP2.01 No ground floor units Facade length: Trees required: tree(s) (i.e. façade length / 40) ☐ Trees provided: tree(s) C and D. Front Setback ☐C. Ground floor residential entries are setback a minimum of 10 feet from the back of public sidewalk; OR AP2.01 No ground floor units Pi c k O n e ☐ D. Where no minimum building setback is required, all ground floor residential units must be set back a minimum 5 feet from back of public sidewalk. Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 156     City of Palo Alto - Objective Design Standards Checklist Page 7 Check Standard Sheet #Applicant’s Justification E. Unit Entry A minimum 80% of ground floor residential units that face a public right-of-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space for minimum. AP2.01 No ground floor units a. Total number of ground floor residential units facing a public right-of-way, publicly accessible path, or open space: 145 units b. 80% of total units in (a): 116 units ☐ c. Subset of number of units in (a) that have a unit entry with direct access to the sidewalk, path, or open space: 145 entries (b)(5) Front Yard Setback Character Required setbacks provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space and meet the following: (A). Ground-floor retail or retail like uses have a minimum of 10% of the required setback as landscape or planters.N/A i. Minimum setback area (setback x frontage x 10%): ____ sf☐ ii. Landscape or planter area in required setback: ____ sf (B). Ground-floor residential uses have a minimum of 60% landscaped area in the required setback area. i. Minimum setback area (setback x frontage x 60%): Ch e c k A l l t h a t A p p l y ☐ ii. Landscape area in required setback: Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 157     City of Palo Alto - Objective Design Standards Checklist Page 7 Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 158     City of Palo Alto - Objective Design Standards Checklist Page 8 (b)(6) Side Yard Setback Character ☐ (A) Each detached dwelling unit shall have at least one usable side yard, at least six feet wide, between the house and fence or other structure, to provide outdoor passage between the front and rear yards. N/A 18.24.050 Building Massing Check Standard Sheet #Notes (b)(1) Upper Floor Step Backs and Daylight Planes (A) When the height of the subject building is more than 20 feet above the average height (i.e. average of low and high roof elevations) of an adjacent building(s), an upper floor step back shall start within two vertical feet of the average height of the adjacent building. The step back shall be a minimum depth of six feet along both the façade on the primary building frontage and the façade facing the adjacent building, and the step shall occur for a minimum of 70% of each façade length. AP2.03 Stepbacks occur on floor three (24 feet). However, in some locations the full 6 feet in depth is not provided, in others more than the 6 feet stepback is provided. i. Proposed building height: 82 feet ii. Average building height of the adjacent building(s): 33.75 feet ☒ iii. Building height where upper floor step back begins: 24 feet ☐(B) Notwithstanding, subsection (A), when adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height. ☒ (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. This daylight plane is required if all of these criteria are met: i. The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and ii. The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building(s); and iii. The project abuts residential units in the side or rear yard. AP3.00 AP3.01 AP3.02 AP3.03 The building does not comply with daylight planes. Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 159     City of Palo Alto - Objective Design Standards Checklist Page 9 (b)(2) Privacy and Transitions to Residential Uses When a building abuts a residential use on an interior side and/or rear property line, the building shall break down the abutting façade and maintain privacy by meeting all of the following: ☒ (A) Landscape Screening. A landscape screen that includes a row of trees with a minimum one tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size. AP1.00 AP2.01 Complies ☒(B) Façade Breaks. A minimum façade break of 4 feet in width, 2 feet in depth, and 32 sf of area (i.e. 8 ft tall minimum) for every 36 to 40 feet of façade length AP3.01 AP3.02 AP3.03 Does not comply. While the project provides some façade breaks, the proposed facades breaks do not meet the minimum requirements for a breaks. ☒ (C) Maximum Amount of Transparent Windows. Within 40 feet of an abutting structure, no more than 15% of the facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if fixed and fully obscured AP3.01 AP3.02 AP3.03 Complies (D) Windows. Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an adjacent residential building, facing windows on the subject site shall meet the following: (i) Window sills at and above the 2nd floor shall be at least five feet above finished floor; or (ii) Windows shall have opaque or translucent glazing at or below five feet above finished floor; or (iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from the adjacent privacy impacts; and (iv) Landscape screening shall be 24-inch box size or larger and eight+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity. AP3.01 AP3.02 AP3.03 Complies Ch e c k A l l (E). Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an adjacent residential building, balconies and decks on the subject site shall be designed to prevent views: (i) No sight lines to the adjacent property window or open space are AP3.01 AP3.02 AP3.03 Complies Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 160     City of Palo Alto - Objective Design Standards Checklist Page 10 permitted within five feet above the balcony or deck flooring and a 45- degree angle downward from balcony railing. (ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space. (iii) Provide balcony/deck design measure which may include: a. Minimum 85% solid railing b. Obscure glass railing c. Barrier with min. 18" horizontal depth from railing (e.g. planter) (b)(3)(A) & (B) Maximum Façade Length - facing a street or public path Buildings 70 feet in length or greater and greater than 25 feet in height For building facades 70 feet in length or greater and facing a public street, right- of-way, or publicly accessible path shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, of at least 2 feet in depth Largest façade length featuring continuous plane: Total Façade length: ☐ Percent of façade length without upper floor modulation (a/b) (maximum 70%): Buildings 250 feet in length or greater (A) Buildings 250 feet in length or greater, which face a public street, right-of- way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 sf and a width greater than or equal to two times the depth Total Building length: ☐ Number of vertical façade breaks: Width: 42 feet, Depth: 8 feet, Area: Buildings between 150 feet and 250 feet in length Pi c k O n e C a t e g o r y ☒(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 161     City of Palo Alto - Objective Design Standards Checklist Page 11 (A) minimum area greater than 64 sf and a minimum width of 8 feet and minimum depth of 4 feet. Total Building length: 158 feet Number of vertical façade breaks: 3 Width: 10 feet, depth 6 feet, area 60 sf Width: 10 feet, depth 5 feet, area 50 sf Width: 20 feet, depth 6 feet, area 120 sf = total 230 sf AP2.03 AP3.01 AP3.02 AP3.03 Complies Check Standard Sheet #Applicant’s Justification (b)(4) Special Conditions: Railroad Frontages All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the railroad-abutting façade(s):N/A ☐(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length. Ch e c k Al l ☐(B) For portions of a building 20 feet or greater in height shall not have a continuous façade length that exceeds 60 feet. (b)(5) Diversity of Housing Types ☒ A diversity of housing types (e.g. detached units, attached rowhouses/townhouses, condominiums or apartments, mixed use) are required for projects on large lots: Less than one acre lots: minimum 1 housing types 1 to 2-acre lots: minimum 2 housing types; or More than 2-acre lots: minimum 3 housing types Does not Comply. 1.5 acre lot with only residential and residential accessory uses proposed. 18.24.060 Façade Design Check Two or More Standard Sheet #Applicant’s Justification Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 162     City of Palo Alto - Objective Design Standards Checklist Page 11 Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 163     City of Palo Alto - Objective Design Standards Checklist Page 12 (c)(1) Base-Middle-Top ☒ Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of three or more of the following four techniques: ☐ i. Variation in Building Modulation: Building modulation shall extend for a minimum 80% of the façade length feet, and shall include one or more of the following building features. ☒a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a minimum dimension of 2 feet from the primary facade. AP3.01 AP3.02 AP3.03 Complies ☐ b. Upper floor step backs. A horizontal step back of upper-floor façades with a minimum 5 foot stepback from the primary façade for a minimum of 80% of the length of the façade Ch e c k o n e o r m o r e i f se l e c t e d ☒ c. Ground floor step back. A horizontal shift of the ground floor facade with a minimum depth of 2 feet for a minimum 80% of the length of the façade. Ground floor step backs shall not exceed the maximum setback, where stated AP1.00 ☒ii. Variation in Façade Articulation: Façade articulation modulation shall include one or more of the following building features.Complies ☒ a. Horizontal and/or Vertical Recesses or Projections. Recesses or projections such as a pattern of recessed grouping of windows, recessed panels, bay windows or similar strategies. The recess or projection shall be a minimum 4 inches in depth. AP3.00 AP3.01 AP3.02 AP3.03 ☒ b. Horizontal and/or Vertical Projections. Projections such as shading, weather protection devices, decorative architectural details, or similar strategies. AP3.00 AP3.01 AP3.02 AP3.03 Ch e c k o n e o r m o r e i f se l e c t e d ☐ c. Datum Lines. Datum lines that continue the length of the building, such as parapets or cornices, with a minimum 4 inches in height or a minimum 2 inches in depth and include a change in material ☒iii. Variation in two of the following:AP3.00 AP3.01 Complies Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 164     City of Palo Alto - Objective Design Standards Checklist Page 13 AP3.02 AP3.03 ☒a. Fenestration Size ☒b. Fenestration Proportion ☒c. Fenestration Pattern Ch e c k t w o i f se l e c t e d ☐d. Fenestration Depth or Projection ☒iv. Variation in two of the following: AP3.00 AP3.01 AP3.02 AP3.03 Complies ☒a. Façade Material ☒b. Facade Material Size ☐c. Façade Texture and Pattern Ch e c k t w o i f se l e c t e d ☒d. Façade Color (c)(2) Façade Composition Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following façade articulation strategies to create visual interest: ☒A. Vertical and horizontal recesses such as a pattern of recessed grouping of windows or recessed panels. The recess shall be a minimum 4 inches in depth. AP3.00 AP3.01 AP3.02 AP3.03 Complies ☒B. Vertical and horizontal projections such as shading and weather protection devices or decorative architectural details. Projections shall be a minimum 4 inches in depth. ☒ C. Datum lines that continue the length of the building, such as cornices, with a minimum 4 inches in depth, or a minimum 2 inches in depth and include a change in material. Ch e c k T h r e e o r M o r e ☒D. Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum 4 inches in depth. Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 165     City of Palo Alto - Objective Design Standards Checklist Page 14 ☒E. Screening devices such as lattices, louvers, shading devices, or perforated metal screens. ☐F. Use of fine-grained building materials, such as brick or wood shingles, not to exceed 8 inches in either height or width. ☒G. Incorporate a minimum of three colors, materials, and/or textures across the whole building. (c)(3) Compatible Rhythm and Pattern (A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with building modulation to create vertically oriented façades (height greater than the width of the façade), façade articulation and fenestration repetitive vertically oriented patterns. Depending on the length of the façade, the following standards apply: ☐ i. For continuous façades less than 100 feet in length, the façade shall have vertically oriented patterns of vertical recesses or projections, façade articulation, and/or fenestration. ii. For continuous façades 100 feet or greater in length, the façade shall include either: ☒ a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical shift modulation for a minimum 4 feet in width to establish a vertical rhythm between 20 to 50 feet in width; OR AP3.00 AP3.01 AP3.02 AP3.03 Complies Ch e c k O n e ☐b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm between 10 to 16 feet in width (B) Residential mixed-use buildings ☐i. Vertical Patterns and Modulation: Façades shall use vertical patterns of building modulation, façade articulation, and fenestration. Ch e c k O n e o r Mo r e ☐ ii. Horizontal Patterns and Modulation: Façades that use horizontal articulation and fenestration patterns shall use a vertical massing strategy with a minimum 4 feet wide and 2 feet deep vertical shift in modulation at least once every 50 feet of façade length. (C) Storefronts ☐Storefront uses must express a vertical rhythm not to exceed 30 to 50 feet in width. (c)(4) Emphasize Building Elements & Massing Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 166     City of Palo Alto - Objective Design Standards Checklist Page 15 (A)(i) Building Entries within Façade Design. Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries shall meet the following minimum dimensions: ☐a. Individual residential entries: ☒b. Shared residential entry, such as mixed-use buildings: AP3.00 AP3.01 Complies ☐c. Commercial building entry: Ch e c k A l l ☐d. Storefront entry: (ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following: ☐a. Recess or projection from the primary façade plane (minimum 2 feet). Ch e c k On e o r Mo r e ☒b. Weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods AP3.00 AP3.01 Complies (c)(5) Storefront/Retail Ground Floors A. Ground floor height shall be a minimum 14 feet floor-to-floor OR shall maintain a 2nd floor datum line of an abutting building. AP3.00 AP3.01 Complies a. Ground floor height (minimum 14 feet): 15 feet; OR☒ b. Height of 2nd floor datum line of abutting building: B. Transparency shall include a minimum 60% transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space. a. Façade area between 2 feet and 10 feet: b. Transparent glazing area between 2 feet and 10 feet: ☐ c. Percentage of transparent glazing (minimum 60%): ☐C. If provided, bulkheads and solid base walls measure between 12 and 30 inches from finished grade D. Primary entries shall include weather protection by recessing the entry, providing an awning or using a combination of these methods. ☒ a. Weather protection width (minimum 6 feet): 20 feet AP3.00 AP3.01 Complies Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 167     City of Palo Alto - Objective Design Standards Checklist Page 16 b. Weather protection depth (minimum 4 feet): 4 feet AP3.00 AP3.01 ☒ E. Awnings, canopies and weather protection: (i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window. (ii) Awnings may be fixed or retractable AP3.00 AP3.01 Complies (c)(6) Other Non-Residential Ground Floors ☐(A) Ground floor height must be a minimum 14 feet floor-to-floor OR match the 2nd floor datum line of an abutting building N/A ☐Ground floor height (minimum 14 feet): _____ feet; OR Pi c k On e ☐Height of 2nd floor datum line of abutting building: (B) Minimum of 50% transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade, providing unobstructed views into the commercial space Façade area between 2 feet and 10 feet: Transparent glazing area: ☐ Percentage of transparent glazing (minimum 50%): (C) Primary entries include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods. Weather protection width (minimum 6 feet): ☐ Weather protection depth (minimum 4 feet): (c)(7) Parking/Loading/Utilities (A) Entry Size No more than 25% of the site frontage facing a street shall be devoted to garage openings, carports, surface parking, loading entries, or utilities access. On sites with less than 100 feet of frontage, no more than 25 feet. AP3.00 AP3.01 Complies Site frontage: 234 feet Curtner Avenue Frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access: 11 % ( 26 feet) ☒ Percent of frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access 11% Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 168     City of Palo Alto - Objective Design Standards Checklist Page 17 (B) Above Ground Structured Parking ☒ Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, must be lined with commercial or habitable uses with a minimum depth of 20 feet AP3.00 AP3.01 Does not comply (C)&(D) Partially Sub-Grade Structured Parking ☐Partially sub-grade parking must not have an exposed façade that exceeds 5 feet in height above abutting grade at back of sidewalk. N/A ☐Partially sub-grade parking must be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be located within 10 feet of the sub-grade parking. 18.24.080 Open Space Check Standard Sheet #Applicant’s Justification (b)(1) Private Open Space ☒ (A) Floor area includes clear space with a minimum dimension of a circle with a six- foot diameter. Does not comply. Some of the units with balconies can not have a clear space with a minimum dimension of a circle with a 6 foot diameter. ☒(B) Minimum clear height dimension of 8’-6” feet. Complies ☒(C) Directly accessible from a residential unit.Complies ☐(C) Balconies are not located within the daylight plane. (b)(1)(E) Private Open Space - Ground Floor Patios ☐ (i) RM-20 and RM-30 districts: Minimum 100 sf of area, the least dimension of which is 8 feet for at least 75% of the area. ☐ (ii) RM-40 districts: Minimum 80 sf of area, the least dimension of which is 6 feet for at least 75% of the area Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 169     City of Palo Alto - Objective Design Standards Checklist Page 18 ☐(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4) (b)(2) Common Open Space ☒(A)&(B) Minimum 200 sf of area. Area shall include a space with a minimum dimension of a circle with a 10-foot diameter. AP2.03 AP2.07 Complies ☒(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features allowed AP2.03 AP2.07 ☒ (D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25 AP2.03 AP2.07 ☒(E) Common open space provides seating. AP2.03 AP2.07 ☒(F) Common open space has a minimum 20% of landscaping.AP2.03 AP2.07 ☒(G) Planting in above grade courtyards has minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees. 18.24.090 Materials Check Standard Sheet #Applicant’s Justification ☒ (b)(1) Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed-use Material List, which may be updated from time to time by the Director of Planning with a recommendation by the ARB. See webpage for list - https://www.cityofpaloalto.org/News-Articles/Planning-and-Development- Services/Multifamily-Mixed-Use-Objective-Standards Materials Comply 18.24.100 Sustainability and Green Building Code Check Standard Sheet #Applicant’s Justification ☐ (b) See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance. Project complies with Calgreen Tier 2. Item 3 Attachment F - Objective Design Standards Consistency Analysis     Packet Pg. 170     From:Kenneth Streib To:Switzer, Steven Subject:Re: 400 Curtner --- 3781 El Camino Real (24PLN-00161) Date:Tuesday, July 2, 2024 9:06:36 PM Attachments:image002.png image001.png image004.png CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. You hae indicted a parking space to unit ratio of about 1.14 or so. It seems many renters around here are couples and both work so at LEAST two cars per unit. Lots of single renters will have two cars, and there might be couples with three cars. This is all evidenced by the fact that there is NO street parking on Curtner. Thanks, Ken Streib On Friday, June 28, 2024 at 03:40:43 PM PDT, Switzer, Steven <steven.switzer@cityofpaloalto.org> wrote: I am the project planner –feel free to send the comments to me. Once we get further along in the review process the project may be scheduled for public hearing at which time I can provide you information on how to attend/ participate in said meetings. We are in the very early stages of review. The application submittal may require revisions in response to varying City Department comments on the project. Once I have more information, I would be happy to share it with you. Steven Switzer Historic Preservation Planner Item 3 Attachment G - Public Comments     Packet Pg. 171     Planning and Development Services Department 650-329-2321 | Steven.Switzer@CityofPaloAlto.org www.cityofpaloalto.org From: Kenneth Streib <ken_streib@yahoo.com> Sent: Friday, June 28, 2024 3:14 PM To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> Subject: Re: 400 Curtner --- 3781 El Camino Real (24PLN-00161) CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. THanks so much for your timely response. And where would be the best place to comment? email to city council? Thanks, Ken Streib On Friday, June 28, 2024 at 08:55:20 AM PDT, Switzer, Steven <steven.switzer@cityofpaloalto.org> wrote: Item 3 Attachment G - Public Comments     Packet Pg. 172     Currently there are 177 units proposed with 203 proposed parking spaces in a parking garage. We are in the early stages of reviewing the project. You are more than welcome to comment on the project and provide any concerns in writing as it progresses through the review process. Steven Switzer Historic Preservation Planner Planning and Development Services Department 650-329-2321 | Steven.Switzer@CityofPaloAlto.org www.cityofpaloalto.org From: Kenneth Streib <ken_streib@yahoo.com> Sent: Thursday, June 27, 2024 7:56 PM To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> Subject: Re: 400 Curtner --- 3781 El Camino Real (24PLN-00161) CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. I think the sign is back up or I was just missing it once. I hope this is enough parking, but I fear probably not. If it is not, and they start parking on the street, is there any sort of recourse for us who live here now? Thanks, Ken Item 3 Attachment G - Public Comments     Packet Pg. 173     On Thursday, June 27, 2024 at 04:10:26 PM PDT, Switzer, Steven <steven.switzer@cityofpaloalto.org> wrote: I spoke with the applicant regarding this. Once I have an update I can relay that information over to you. Steven Switzer Historic Preservation Planner Planning and Development Services Department 650-329-2321 | Steven.Switzer@CityofPaloAlto.org www.cityofpaloalto.org From: McKay, Scott <Scott.McKay@CityofPaloAlto.org> Sent: Thursday, June 27, 2024 10:05 AM To: ken_streib@yahoo.com Cc: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> Subject: RE: 400 Curtner --- 3781 El Camino Real (24PLN-00161) Hi Ken, The address that the project was filed under is 3781 El Camino and the Planning application number is 24PLN-00161. The public notice signage may have been moved to Item 3 Attachment G - Public Comments     Packet Pg. 174     the El Camino Real project frontage. The description of work for the application is: Request for Major Architectural Review to allow a multi-family residential housing development project (3781 El Camino Real) including the demolition of multiple existing commercial and residential buildings (3727-3737 & 3773- 3783 El Camino Real, 378-400 Madeline Court and 388 Curtner Avenue) and construction of 177 units, including a mix of one-bedroom, two-bedroom, and three-bedroom apartments. Environmental Assessment: Pending. Zoning District: CN & RM-30. (SB 330 and Builder’s Remedy: 24PLN-00048) I have copied the Project Planner Steven Switzer on this email, and I think he will be able to assist with any questions you have. Please contact him directly with any questions or comments. Scott McKay, AICP | Planner | C&D Debris Diversion Program Coordinator ISA Certified Arborist (WE-10185A) | Planning & Development Services 285 Hamilton Avenue | Palo Alto, CA 94301 T: 650.617.3113 |E: Scott.McKay@CityofPaloAlto.org Online Parcel Report | Online Palo Alto Municipal Code | Online Permit Tracking – Public Access | Planning Applications Mapped Please think of the environment before printing this email – Thank you! From: Kenneth Streib <ken_streib@yahoo.com> Sent: Wednesday, June 26, 2024 8:24 PM To: City Mgr <CityMgr@cityofpaloalto.org> Subject: Fw: 400 Curtner CAUTION: This email originated from outside of the organization. Be cautious of opening Item 3 Attachment G - Public Comments     Packet Pg. 175     attachments and clicking on links. I notice that the sign came down. Does that mean it was perhaps in the wrong place? Thanks, Ken Streib ----- Forwarded Message ----- From: Kenneth Streib <ken_streib@yahoo.com> To: City Mgr <citymgr@cityofpaloalto.org> Sent: Thursday, June 20, 2024 at 09:55:28 PM PDT Subject: 400 Curtner Greetings, I noticed a new project going up at 400 Curtner. Does the city council decide these things? I was wondering what the parking provisions will be at this new building. Thanks so much for your time, Ken Streib Item 3 Attachment G - Public Comments     Packet Pg. 176     From:Michelle Lin To:Switzer, Steven Subject:Re: Questions application #: 24PLN-00161 Date:Friday, March 28, 2025 10:27:37 AM Attachments:image001.png image002.png CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi Steven, Yes, please add me to the update of 3781 El Camino Real email loops. Have a nice weekend! Thanks, Michelle On Wed, Mar 19, 2025 at 8:20 AM Switzer, Steven <Steven.Switzer@cityofpaloalto.org> wrote: Hi Michelle- There is no scheduled meeting time. You can keep up to date with the project’s webpage at the following link: 3781 El Camino Real – City of Palo Alto, CA We don’t have an automated email, but I can add your name to a list to update as the project moves through the review process. Steven Switzer Historic Preservation Planner Planning and Development Services Department 650-329-2321 | Steven.Switzer@CityofPaloAlto.org www.cityofpaloalto.org Item 3 Attachment G - Public Comments     Packet Pg. 177     From: Michelle Lin <alimus1123@gmail.com> Sent: Thursday, March 13, 2025 8:57 PM To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> Subject: Re: Questions application #: 24PLN-00161 CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi Steven, Thanks for the information. It's very clear. I have two more questions as follows. 1) When is the hearing time? Can we find the schedule online? 2) Is it possible to sign up for an update like a newsletter for this property? Thanks, Michelle On Wed, Mar 5, 2025 at 8:34 AM Switzer, Steven <Steven.Switzer@cityofpaloalto.org> wrote: Hi Michelle- The project is still under review. Construction for the project would not occur anytime soon. The project would need to complete its planning entitlements and environmental review before any construction could start. Item 3 Attachment G - Public Comments     Packet Pg. 178     Below are some directions to view the project plans online and see status updates : 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “3781 El Camino” and open record by clicking on the green dot. You will need to select the application # 25PLN-00161. 3. Review the record details on the left side. There you will see a status updates section. 4. To review the plans open the “more details” option. 5. Use the “Records Info” drop down menu and select “Attachments” 6. Open the attachment named “C4_3781 ECR_PLANNING SET_PLANS.pdf” and dated 2/10/2025 to review the plan set. Steven Switzer Historic Preservation Planner Planning and Development Services Department 650-329-2321 | Steven.Switzer@CityofPaloAlto.org www.cityofpaloalto.org From: Michelle Lin <alimus1123@gmail.com> Sent: Friday, February 28, 2025 8:11 AM To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org> Subject: Questions application #: 24PLN-00161 CAUTION: This email originated from outside of the organization. Be Item 3 Attachment G - Public Comments     Packet Pg. 179     Hi Steven, I'm a tenant on Curtner Ave. I'm wondering how the progress is now for the 3781 El Camino Real project since my family plans to move to another location before all the construction starts. And where can I see the update status for this planning development? Thanks, Michelle Item 3 Attachment G - Public Comments     Packet Pg. 180     If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at 650-617-3117 or email planner@paloalto.gov Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project plans and environmental documents online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “3781 El Camino Real” and click the address link 3. On this project-specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.paloalto.gov/Departments/Planning-Development-Services/Current-Planning/Projects/3781-El- Camino-Real Materials Boards: Color and material boards will be available to view in chambers during the ARB hearing. Item 3 Attachment H - Project Plans     Packet Pg. 181