HomeMy WebLinkAbout2026-04-13 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, April 13, 2026
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by
teleconference or in person. Information on how the public may observe and participate in the
meeting is located at the end of the agenda. 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.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900-6833
PUBLIC COMMENTS
General Public Comment for items not on the agenda will be accepted in person for up to three
minutes or an amount of time determined by the Chair. General public comment will be heard
for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to
three minutes or an amount of time determined by the Chair. Requests to speak will be taken
until 5 minutes after the staff’s presentation or as determined by the Chair. Written public
comments can be submitted in advance to city.council@PaloAlto.gov and will be provided to
the Council and available for inspection on the City’s website. Please clearly indicate which
agenda item you are referencing in your subject line. Multiple individuals who wish to speak on
the same item may designate a spokesperson. Spokespersons must be representing five or more
verified individuals who are present either in person or via zoom. Spokespeople will be allowed
up to 10 minutes, at the discretion of the presiding officer. Speaking time may be reduced if the
presiding officer reduces the speaking time for individual speakers.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@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
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view or passage of other attendees, or otherwise disturb the business of the meeting.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
1 April 13, 2026
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CALL TO ORDER
BOARDS, COMMISSIONS, AND COMMITTEES APPOINTMENTS (5:30 - 5:45 PM)
1.Appointment of Candidates to the Human Relations Commission (HRC), Planning &
Transportation Commission (PTC), and Utilities Advisory Commission (UAC); CEQA
Status - Not a Project
SPECIAL ORDERS OF THE DAY (5:45 - 5:55 PM)
2.Proclamation Honoring National Animal Control Officer Appreciation Week April 12-18,
2026
3.Proclamation Honoring National Public Safety Telecommunicators Week April 12-18,
2026
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:55 - 6:25 PM)
Members of the public may speak in-person ONLY to any item NOT on the agenda. 1-3 minutes depending on number of
speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 - 6:35 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:35 - 6:40 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
4.Adoption of a Resolution Vacating an Easement at 700 Hansen Way; CEQA Status –
Exempt under Cal. Code Regs. Title 14, Section 15305
5.Approval of Amendment Number 3 to Contract C21178333 with Black & Veatch, Inc., to
increase the Contract Amount by $963,160 for a revised total not-to-exceed amount of
$4,146,109, and to Extend the Contract Term to December 31, 2028, for the Local
Advanced Water Purification System Project (WQ-19003); CEQA Status - Notice of
Determination Adopted November 18, 2019
6.Authorize the City Manager to Execute Amendment No. 1 to Eight Professional Services
Contracts for SAP On-Call Services: Contract C26193272A with 360S2G, C26193272B with
2 April 13, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.
Sage Group Technologies Inc, C26193272C with Avertra Corp, C26193272D with Amick
Brown LLC, C26193272E with 2iSolutions Inc, C26193272F with the Peloton Group,
C26193272G with Phoenix Business Inc, C26193272H with EPI-USE America, to Increase
the Not-to-Exceed Amount by $2,000,000 and Extend the Term for One Year; CEQA
Status – Not a Project
7.Appointment of 2026 Emergency Standby Council
CITY MANAGER COMMENTS (6:40 - 6:50 PM)
BREAK (15 MINUTES)
ACTION ITEMS (Item 8: 7:05 - 8:35 PM; Item 9: 8:35 - 9:20 PM; Item 10: 9:20 - 10:20 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
8.PUBLIC HEARING / QUASI-JUDICIAL. 3606 El Camino Real [24PLN-00162 & 25PLN-00243]:
Request for Approval of Applications for Major Architectural Review and Vesting
Tentative Map to Merge Seven Existing Parcels to Create a 113,907-Square-Foot Parcel
and to Construct a Seven-Story, Multi-Family Residential Housing Development Project
with 321 Units, Thirteen 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 Pursuant to Assembly Bill 130 (Public Resources
Code Section 21080.66). Supplemental Report added
9.Approval of City Council Values (as Recommended by Policy & Services Committee), 2026
Objectives, Ad Hoc Purpose Statements, and Committee Workplans (Continued from
3/9/2026 - On March 9, 2026, the Council Received Presentations and Public Testimony;
the Item Will be Continued to April 13 for further Council Deliberation and Action - No
Public Testimony Will be Heard on April 13.)
10.Colleagues Memo on Mitigating Impacts of Property Aggregation in Residential Districts
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action or
discussion during this meeting’s agenda.
3 April 13, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.
A.Semiannual Update on 2000 Geng Road Recreational Vehicle Safe Parking Expansion and
Summary of Financial Needs
OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee April 14, 2026
Climate Action & Sustainability Committee April 17, 2026
Public Comment Letters
Schedule of Meetings
SUPPLEMENTAL / AMENDED AGENDA ITEMS
8.PUBLIC HEARING / QUASI-JUDICIAL. 3606 El Camino Real [24PLN-00162 & 25PLN-00243]:
Request for Approval of Applications for Major Architectural Review and Vesting
Tentative Map to Merge Seven Existing Parcels to Create a 113,907-Square-Foot Parcel
and to Construct a Seven-Story, Multi-Family Residential Housing Development Project
with 321 Units, Thirteen 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 Pursuant to Assembly Bill 130 (Public Resources
Code Section 21080.66). Supplemental Report added
4 April 13, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.
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 city.council@PaloAlto.gov.
2.For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3.Spoken public comments for agendized items using a computer or smart phone will be
accepted through the teleconference meeting. To address the Council, click on the link
below to access a Zoom-based meeting. Please read the following instructions carefully.
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4.Spoken public comments for agendized items 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
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please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362-027-238 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.
5 April 13, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.
California Government Code §84308, commonly referred to as the "Levine Act," prohibits an
elected official of a local government agency from participating in a proceeding involving a
license, permit, or other entitlement for use if the official received a campaign contribution
exceeding $500 from a party or participant, including their agents, to the proceeding within the
last 12 months. A “license, permit, or other entitlement for use” includes most land use and
planning approvals and the approval of contracts that are not subject to lowest responsible bid
procedures and have a value over $50,000. A “party” is a person who files an application for, or
is the subject of, a proceeding involving a license, permit, or other entitlement for use. A
“participant” is a person who actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use, and has a financial interest in the
decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform
Act, which encompasses interests in business entities, real property, sources of income, sources
of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a
“party” or “participant” to a proceeding, and you have made a campaign contribution to a
Council Member exceeding $500 made within the last 12 months, you must disclose the
campaign contribution before making your comments.
6 April 13, 2026
Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas.
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City Council
Staff Report
Report Type: BOARDS, COMMISSIONS, AND COMMITTEES
APPOINTMENTS
Lead Department: City Clerk
Meeting Date: April 13, 2026
Report #:2512-5765
TITLE
Appointment of Candidates to the Human Relations Commission (HRC), Planning &
Transportation Commission (PTC), and Utilities Advisory Commission (UAC); CEQA Status - Not a
Project
RECOMMENDATION
Staff recommends the City Council appoint members to fill 1 partial-term vacancy on the HRC, 2
full-term vacancies on the PTC, and 3 full-term vacancies on the UAC.
BACKGROUND
Recruitment
The Spring 2026 Boards & Commissions recruitment opened Tuesday, January 13, 2026, and
closed on Wednesday, February 18, 2026. Details on the vacancies and membership
requirements are summarized in the analysis section. Applications may be accessed online1.
The City Council scheduled interviews on March 23, 2026, and April 6, 2026. These interviews
may be viewed on the City’s YouTube Channel2.
Voting
The City Clerk’s Office will conduct live voting during the meeting and will announce the results
and how each Councilmember voted. Each Councilmember will be allotted a number of votes
equal to the number of vacancies for each commission. A majority of 4 votes is required to
appoint a candidate. Additional rounds of voting may be required if there is a tie or no
candidates receive a majority of votes.
1 March 2, 2026, City Council Staff Report 2512-5763
https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=86657&dbid=0&repo=PaloAlto
2City of Palo Alto YouTube Channel https://www.youtube.com/c/cityofpaloalto
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 1 Packet Pg. 7 of 312
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ANALYSIS
A summary of the vacancies and eligibility requirements are included below. In addition to the
eligibility requirements below, no commissioners can be Councilmembers, officers, or
employees of the City.
Human Relations Commission (HRC):
5: Palo Alto residency is required
Planning & Transportation Commission (PTC):
6: Palo Alto residency is required
Utilities Advisory Commission (UAC):
7:
o Each member shall be a utility customer or the authorized representative of a
utility customer.
o 6 members of the commission shall at all times be residents of the City. The 4
commission members whose terms are not expiring in this recruitment are
currently residents. Therefore, at least two Palo Alto residents must be
appointed in this recruitment to maintain this requirement.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
Electronic distribution via the City’s Uplift Local community newsletter, City Clerk’s
Office newsletter, City’s website, and City’s social media channels;
5 Palo Alto Municipal Code 2.22.010 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-
61312
6 Palo Alto Municipal Code 2.20.010 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-
61274
7 Palo Alto Municipal Code 2.23.010 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-
61350
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 2 Packet Pg. 8 of 312
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Physical posting and distribution of flyers to 10 city locations including City Hall posting
boards and public meetings, libraries, and community centers;
Print and online ads in the Palo Alto Daily Post, as well as print ads in the Palo Alto
Weekly;
Paid LinkedIn Advertisement; and
Outreach to previous applicants, community-based organizations, and businesses
related to the commissions’ purview.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because it is an organizational or
administrative activity that will not result in direct or indirect physical changes in the
environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
None.
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 1
Item 1 Staff Report
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City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Police
Meeting Date: April 13, 2026
Report #:2602-5913
TITLE
Proclamation Honoring National Animal Control Officer Appreciation Week April 12-18, 2026
ATTACHMENTS
Attachment A: Proclamation Honoring National Animal Control Officer Appreciation Week April
12-18, 2026
APPROVED BY:
James Reifschneider, Acting Police Chief
Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 10 of 312
____________________________
Vicki Veenker
Mayor
Proclamation
NATIONAL ANIMAL CONTROL OFFICER
APPRECIATION WEEK
April 12-18, 2026
WHEREAS, the City of Palo Alto Police Department’s three Animal Control Officers work diligently
seven days a week, 365 days a year, to protect the welfare of the animals and wildlife of the Palo Alto
community, as well as providing animal control services to the City of Los Altos and the Town of Los Altos
Hills; and
WHEREAS, the Animal Control Officers, sometimes at great risk to their own personal safety, serve and
protect the welfare of pets and wildlife against injury, disease, abuse, and starvation while enforcing
California state law and the municipal codes of the three jurisdictions; and
WHEREAS, the Animal Control Officers protect the public from diseases like rabies, investigate all
animal bites of other animals and humans, permit and monitor dangerous animals, issue animal-related
permits, conduct premise inspections for properties permitted to have livestock, conduct criminal
investigations in cases involving animal welfare, and help support the Police Department by safely
containing potentially dangerous animals during tactical operations; and
WHEREAS, the Animal Control Officers regularly work alongside and in close collaboration with staff
from Pets In Need, who operate the City’s animal shelter; and
WHEREAS, the Animal Control Officers are deeply involved with the community, including partnering
with local businesses in hosting monthly “Pet Pantries” at the Buena Vista Mobile Home Park and
organizing pet supply drives during the holidays to help support pet owners in need.
NOW, THEREFORE, I, Vicki Veenker, Mayor of the City of Palo Alto on behalf of the entire City
Council do hereby proclaim and call upon all citizens of Palo Alto to observe the week of April 12-18, 2026,
as National Animal Control Officer Appreciation Week” and join in honoring our Animal Control Officers
and recognizing them for their diligence and professionalism.
Presented: April 13, 2026
Item 2
Attachment A -
Proclamation Honoring
National Animal Control
Officer Appreciation Week
Item 2: Staff Report Pg. 2 Packet Pg. 11 of 312
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Police
Meeting Date: April 13, 2026
Report #:2602-5914
TITLE
Proclamation Honoring National Public Safety Telecommunicators Week April 12-18, 2026
ATTACHMENTS
Attachment A: Proclamation Honoring National Public Safety Telecommunicators Week April
12-18, 2026
APPROVED BY:
James Reifschneider, Acting Police Chief
Item 3
Item 3 Staff Report
Item 3: Staff Report Pg. 1 Packet Pg. 12 of 312
______________________________
Vicki Veenker
Mayor
Proclamation
NATIONAL PUBLIC SAFETY
TELECOMMUNICATOR’S WEEK
April 12-18, 2026
WHEREAS, emergencies can occur at any time requiring police, fire, or emergency medical services; and
WHEREAS, when an emergency occurs the prompt response of law enforcement, firefighters and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy
of information obtained from citizens who telephone the City of Palo Alto Communications Center; and
WHEREAS, public safety dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, public safety dispatchers are the single vital link for our law enforcement and fire personnel
by monitoring their activities by radio, providing them information and ensuring their safety; and
WHEREAS, public safety dispatchers of the City of Palo Alto Communications Center have contributed
substantially to the apprehension of criminals, suppression of fires and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the
performance of their job in the past year; and
NOW, THEREFORE, I, Vicki Veenker, Mayor of the City of Palo Alto on behalf of the entire City
Council do hereby proclaim and call upon all citizens of Palo Alto to observe the week of April 12-18, 2026,
as “National Public Safety Telecommunicator’s Week” and join in honoring the men and women whose
diligence and professionalism keep our city and citizens safe.
Presented: April 13, 2026
Item 3
Attachment A -
Telecommunicators Week
Proclamation
Item 3: Staff Report Pg. 2 Packet Pg. 13 of 312
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: April 13, 2026
Report #:2601-5856
TITLE
Adoption of a Resolution Vacating an Easement at 700 Hansen Way; CEQA Status – Exempt
under Cal. Code Regs. Title 14, Section 15305
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution ordering the summary
vacation of a public service easement for utilities located on the commercial property at 700
Hansen Way in Palo Alto, CA.
ANALYSIS
The public utility easement affecting the property at 700 Hansen Way was granted to the City of
Palo Alto by The Board of Trustees of the Leland Stanford Junior University and recorded on
November 14, 2007, as Document No. 19652500 in the Official Records of Santa Clara County.
The Real Estate Division in the Administrative Services Department received the owner’s
request that this easement be vacated. The City’s Utilities, Planning, Public Works Departments
and City Attorney’s Office, have reviewed and approved this easement vacation. The easement
has been abandoned and is excess; it has been replaced with a new public utility easement
recorded on December 4, 2025, as Document No. 25913934 in the Official Records of Santa
Clara County. Therefore, the easement may be vacated in accordance with the summary
proceeding authorized in Section 8333 of the California Streets and Highways Code.
FISCAL/RESOURCE IMPACT
The Summary Easement Vacation Processing fee of $2,083, as set forth in the FY 2025
Municipal Fee Schedule, has been paid by the owner.
STAKEHOLDER ENGAGEMENT
The Real Estate Division in the Administrative Services Department collaborated with the owner
and their representatives, the City’s Utilities, Planning, Public Works Departments and City
Attorney’s Office, for necessary reviews of language and exhibits.
Item 4
Item 4 Staff Report
Item 4: Staff Report Pg. 1 Packet Pg. 14 of 312
ENVIRONMENTAL REVIEW
Council action on the summary vacation of the public service easement is exempt from review
under the California Environmental Quality Act pursuant to Title 14, California Code of
Regulations, Section 15305 as a minor alteration in land use limitations.
ATTACHMENTS
Attachment A: Resolution Vacating a Public Service Easement at 700 Hansen Way
APPROVED BY:
Lauren Lai, Administrative Services Director
Item 4
Item 4 Staff Report
Item 4: Staff Report Pg. 2 Packet Pg. 15 of 312
Recorded at no charge in accordance with
Streets & Highways Code Section 8336 at
the request of and when recorded return to:
City of Palo Alto
Real Estate Division
250 Hamilton Avenue
Palo Alto, CA 94301
SPACE ABOVE LINE FOR RECORDER’S USE
APN: 142-20-078
Address: 700 Hansen Way
Palo Alto, CA 94304
SUMMARY VACATION
RESOLUTION NO. ____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PUBLIC SERVICE EASEMENT
AT 700 HANSEN WAY, PALO ALTO, CA
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council
to summarily vacate a public service easement in any of the following cases: (a) the easement
has not been used for the purpose for which it was dedicated or acquired for five consecutive
years immediately preceding the proposed vacation, (b) the date of dedication or acquisition is
less than five years, and more than one year, immediately preceding the proposed vacation, and
the easement was not used continuously since that date, (c) the easement has been superseded by
relocation, or determined to be excess by the easement holder, and there are no other public
facilities located within the easement; and
WHEREAS, on March 16, 1977, the Parcel Map for 700 Hansen Way, Palo Alto, CA
94304 (APN 142-20-078) was filed for record in Book 390 of Maps at Page 51, Records of Santa
Clara County; and
WHEREAS, an easement on said property was granted to the City of Palo Alto for public
utility purposes by The Board of Trustees of the Leland Stanford Junior University and recorded
on November 14, 2007, as Document No. 19652500 in the Official Records of Santa Clara
County; and
WHEREAS, the City of Palo Alto Utilities, Planning, Public Works Departments and
City Attorney’s Office, have evaluated and determined that the public utility easement located on
said property has been abandoned and is excess; it has been replaced with a new public utility
Item 4
Attachment A - Resolution
Vacating a Public Service
Easement at 700 Hansen
Way
Item 4: Staff Report Pg. 3 Packet Pg. 16 of 312
easement recorded on December 4, 2025, as Document No. 25913934 in the Official Records of
Santa Clara County; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the
public utility easement as more particularly described in Exhibit “A” attached to this resolution
and depicted on the plat map attached as Exhibit “B” to this resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as follows:
SECTION 1. This vacation is made under the authority of California Streets and
Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq. The
public utility easement described herein on Exhibit “A” and depicted on the plat map attached as
Exhibit “B” is excess and has been superseded by relocation.
SECTION 2. Based upon the findings made in Section 1 of this Resolution and the
provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby
order that the public utility easement as shown on the said Exhibits “A” and “B” shall be
summarily vacated.
SECTION 3. The City Clerk, acting by and through the Real Property Manager, is hereby
directed to record at the Santa Clara County Clerk-Recorder’s Office a certified copy of this
Resolution, including the Map.
SECTION 4. The public utility easement described in Exhibit “A” and depicted in the
plat map attached as Exhibit “B” will no longer constitute a public utility easement from and
after the date of recordation of the documents identified in Section 3 of this Resolution.
SECTION 5. The Council finds that the summary vacation of the public utility easement
is exempt from review under the California Environmental Act pursuant to Title 14 California
Code of Regulations section 15305 as a minor alteration in land use limitations.
Item 4
Attachment A - Resolution
Vacating a Public Service
Easement at 700 Hansen
Way
Item 4: Staff Report Pg. 4 Packet Pg. 17 of 312
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
______________________________ ______________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
______________________________ ______________________________
Deputy City Attorney City Manager
______________________________
Director of Administrative Services
Item 4
Attachment A - Resolution
Vacating a Public Service
Easement at 700 Hansen
Way
Item 4: Staff Report Pg. 5 Packet Pg. 18 of 312
EXHIBIT "A"
Legal Description
PUBLIC UT ILITY EASEMENT VACATrON
700 Hansen Way, Palo A lto, CA
December 18, 2024
BKF No. 20241624
Page I of 1
Real property in the City of Palo A lto, County of Santa Clara State of California, and described as fo llo ws:
Being the same easement to be vacated , described in that certain Grant of Easement and Agreement, conveyed
from The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers under the
laws of the State of Ca li forn ia to the City of Palo Alto , a chartered city and municipal corporat ion, recorded on
November 14 , 2007 as Document No . 19652500 , Official Records of Santa Clara County, and more particularly
described as fo llo ws:
Commencing at the most easterly comer of said Parcel B, said comer also being a point on th e northwesterly lin e
of Hansen Way , being 80.00 feet in width, as said Parcel and Way are sho wn on that certain Parcel Map, filed for
record on March 16, 1977 in Book 390 of Map at Page 51 , Records of Santa C lara County;
Thence leaving said comer and along the 11011heasterly I ine of sa id Parcel B, North 56 °39'00" West , 238 .68 feet;
The nce leaving said line , South 33 °2 1 '00" West , 6.67 feet to the POI T OF BEGINNING of this legal
description ;
Thence leaving sai d point and along a strip of land 10 .00 feet wide, un less othcnvisc state d , the centerl in e thereof
described as follows:
North 56 °39'00 ' West , I 0.00 feet to where said str ip ofland becomes 5.00 feet wide for the fo ll owing two courses:
South 74 ° I 7'07" West, 36.15 feet"
South 50 °28'30" West , 167 .11 feet to a po in t on the westerly line of sa id Parcel B, said point also being the
POINT OF TERMINUS of this legal d escription.
The sidelines of said casement to be vacated at the point of beginning shall be perpendicular to the centerline of
said easement and at the po in t of tenninus shall be lengthened or shorte ned as to reach the weste rl y lin e of said
Parcel B of sa id Parcel Map (390 M 51 ).
Containing an area of I , 117 square feet , more or le ss.
Said easement being vaca ted is shown on attached plat Exhibit "B" and made a part hereof.
BASIS OF BEARJNGS: The bearing North 33 °21 '00" East of th e northwesterly line of Han se n Way , as said
bearing and line are shown on that certain Parcel Map , fi led for record on March 16, 1977 in Book 390 of Maps
at Page 5 1, Records of Santa Clara County, California.
This lega l de sc ription was prepared by me or und er my direc t s up erv is ion .
John Koroyan
P.L.S. No. 8883
Date: Pee. I B, Zl> 24-
Item 4
Attachment A - Resolution
Vacating a Public Service
Easement at 700 Hansen
Way
Item 4: Staff Report Pg. 6 Packet Pg. 19 of 312
BASIS OF BEARINGS
THE BEARING N33'21 '00"E OF THE NORTHWESTERLY LINE OF HANSEN WAY, AS SAID BEARING
AND LINE ARE SHOWN ON THAT CERTAIN PARCEL MAP , FILED FOR RECORD ON MARCH 16,
1977 IN BOOK 390 OF MAPS AT PAGE 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA .
NO.
L1
L2
L3
PARCEL B
390 M 51
700 HANSEN WAY
PALO AL TO, CA
APN 142-20 -078
NOTE: LEGAL DESCRIPTION OF THE PUBLIC
UTILITY EASEMENT, PER DOC. 19652500,
TO BE VACA TED ; IS DESCRIBED ALONG
ITS CENTERLINE.
S56'39'00"E 317.03'
N56 '39 '00"W r ,._ 238 .68'
CENTERLINE OF / :::i
P.U.E., PER DOC . / / 2 L2 I
19652509; // / ,-.....J
P.O.B. 20' WIDE S.D.E.
C663 O.R . 86
i n/
I /,./ r----
1 ~/v I
LINE TABLE
I /// ; DETAIL
// / I 1"=20' 1 r-1 ,
DIRECTION LENGTH
S33'21 '00"W 6.67'
N56'39'00"W 10.00'
LEGEND
S74i7 '07"W 36 .15' S.F. SQUARE FEET
P.0.C. POINT OF COMMENCING
120 P.0 .B. POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
P6C . 1e, 2.DZ4
0
0
<ri
0
N
01--I __ ,o __ jo
! P.U.E. PUBLIC UTILITY EASEMENT
S.D.E. STORM DRAIN EASEMENT EXHIBIT •e•
( SCALE IN FEET )
APN ASSESSOR'S PARCEL NUMBER
PER ROLL YEAR 2023-2024
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
A 1730N . FIRST ST REE T
SUITE 600
SAN JOS E, CA 95 11 2
-~.... 408-467-9 100
_,..,....1111111111 www.bkf.com
Subject PUBLIC UTILITY ES~H. VACATION
700 HANSEN WAY, PALO ALTO, CA
Job No. _2_0_24_1_6_24 __________ _
By DIS Date 12-18-2024 Chkd ._JVK __
PAGE 1 OF 1
Item 4
Attachment A - Resolution
Vacating a Public Service
Easement at 700 Hansen
Way
Item 4: Staff Report Pg. 7 Packet Pg. 20 of 312
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 13, 2026
Report #:2601-5850
TITLE
Approval of Amendment Number 3 to Contract C21178333 with Black & Veatch, Inc., to
increase the Contract Amount by $963,160 for a revised total not-to-exceed amount of
$4,146,109, and to Extend the Contract Term to December 31, 2028, for the Local Advanced
Water Purification System Project (WQ-19003); CEQA Status - Notice of Determination Adopted
November 18, 2019
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their
designee to execute Amendment No. 3 to Contract C21178333 with Black & Veatch, Inc. to
extend the contract term from December 31, 2027 to December 31, 2028 and to provide
additional engineering services during construction of the Local Advanced Water Purification
System Project (WQ-19003) in the amount of $963,160, including $875,600 for basic services
and $87,560 for additional services. This amendment results in a revised total not-to-exceed
contract amount of $4,146,109.
EXECUTIVE SUMMARY
This report recommends approval of Amendment No. 3 to Contract C21178333 with Black &
Veatch, Inc. (Attachment A), to continue providing engineering services during construction of
Phase I of the Local Advanced Water Purification System project (Local AWPS). The project will
reduce the salinity of the recycled water produced at the Regional Water Quality Control Plant.
The original design contract assumed a construction duration of 18 months and a completion
date of June 2024. However, construction solicitation was delayed due to approval of financing
plans and a planning entitlement. Additionally, several changes to the project’s scope increased
construction duration and, during construction solicitation, the construction duration in the
construction contract was increased based on input from some bidders. Staff recommends that
City Council approve Amendment No. 3 to add funds in the amount of $963,160 to the contract
to address the delayed construction start date, additional construction duration, additional
engineering services during construction associated with a larger volume of construction
documents, and additional project management.
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BACKGROUND
1 In the following years, the City and the other
Partner Agencies completed several projects to reduce infiltration in the collection system. The
repairs reduced the salts entering the RWQCP but not by enough to reach the target. In 2016,
City Council approved the Preliminary Conceptual Design Report for a phased Local Salt
Removal Facility (Local Advanced Water Purification System or Local AWPS).2
3 The original contract assumed a design time of 12
months followed by a construction duration of 18 months. The estimated completion date of
the project was June 2024.
4,5 Staff requested a contract extension to
cover construction solicitation and potentially construction phase without amending
compensation because the construction status was still unknown. Amendment No. 1 to the
contract was approved administratively and added hourly rates for 2023 through 2026. In June
2024, City Council approved Amendment No. 2 to extend the term through December 31,
2027.6
1 City Council, January 25, 2010; Agenda Item #9, SR #111:10,
https://www.paloalto.gov/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2010/cmr-111-10.pdf
2 City Council, May 16, 2016; Agenda Item #6, SR #6458,
3 City Council, March 8, 2021; Agenda Item #3, SR #11782,
4 City Council, October 16, 2023; Agenda Item #10, SR #2308-1863,
5 City Council, May 13, 2024; Agenda Item #11, SR #2404-2760,
6 City Council, June 10, 2024; Agenda Item #8, SR #2404-2881,
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(C25193197). The construction notice to proceed was issued on June 18, 2025. At that time,
Black & Veatch started providing engineering services during construction.13
ANALYSIS
Staff recommends extending contract C21178333 to December 31, 2028, and increasing
compensation to Black & Veatch for additional engineering services during construction. The
original contract with Black & Veatch assumed a construction duration of 18 months. During
design and permitting, several changes to the project’s scope increased the construction
duration. During construction solicitation, the construction duration was further increased to
36 months based on input from bidders. The new estimated completion date is May 2028.
When the construction contract was awarded, staff expected that an amendment would be
needed to cover the longer construction duration but did not yet have sufficient information to
establish a revised budget. Staff has since received additional information allowing negotiation
of the recommended amendment.
Staff recommends that City Council approve Amendment No. 3 to add funds in the amount of
$963,160 to the contract to address the delayed construction start date, additional
construction duration, and for:
1. Additional design services to reroute an existing sewer line that needed to be relocated
2. Additional bid period services associated with responding to bidder’s questions and
issuing design addenda. During solicitation, 200 questions from prospective bidders
were received, beyond the original budgeted amount.
3. Additional engineering services during construction associated with a larger volume of
construction documents, engineering submittals and resubmittals, and requests for
information from the contractor.
4. Additional project management services associated with the additional duration of the
project.
5. Updated costs, accounting for increases in hourly rates for providing engineering
services during construction for a longer period of time. The consultant agreed to hold
their rates through the end of 2022 to help with the City’s finances during the COVID-19
pandemic. Consultant held the same rates through the end of 2023. With the revised
contract expiration date, most of the engineering services during construction are being
completed between 2025 and 2028 and the corresponding increase in cost has been
significant.
Amendment No. 3 will revise the total contract amount for a not-to-exceed $4,146,109
including $3,769,190 for basic services and $376,919 for additional services.
13 City Council, May 19, 2025; Agenda Item #10, SR #2503-4327,
https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=83405&dbid=0&repo=PaloAlto
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FISCAL/RESOURCE IMPACT
Staff will work to limit the
use of construction contingency to stay within the overall approved budget. If the full
construction contingency is ultimately needed, staff will coordinate with the City of Mountain
View and will return to City Council with the required budget amendment.
STAKEHOLDER ENGAGEMENT
15
ENVIRONMENTAL REVIEW
16 17 The Local AWPS was identified as a potential mitigation
measure in the previously adopted EIR.
ATTACHMENTS
APPROVED BY:
15 City Council, May 13, 2024; Agenda Item #11, SR #2404-2760,
16 City Council Resolution 9548; 2015;
17 City Council Resolution 9549; 2015;
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DocuSign Envelope ID: C433F245-C478-46FF-98D9-0F923BDBB478
Contract No. C21178333
1
AMENDMENT NO. 3 TO CONTRACT NO. C21178333
BETWEEN THE CITY OF PALO ALTO AND
BLACK & VEATCH CORPORATION
This Amendment No. 3 (this “Amendment”) to Contract No. C21178333 (the “Contract” as
defined below) is entered into as of April 6, 2026, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and BLACK & VEATCH CORPORATION, a
Delaware Corporation, located at 2550 North First Street, Suite 420, San Jose, CA 95131
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this
Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties to
provide design and engineering services for the Advanced Water Purification System , as detailed
therein.
B. The Parties now wish to amend the Contract in order to (1) extend the contract term
by one year, from December 31, 2027 to December 31, 2028; (2) expand the contract scope to
include additional engineering services during construction of the Local Advanced Water
Purification System project; and (3) increase the total not-to-exceed compensation by $963,160,
including $875,600 for basic services and $87,560 for additional services, for a new total not-to-
exceed amount of $4,146,109.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21178333 between
CONSULTANT and CITY, dated March 8, 2021, as amended by:
Amendment No.1, dated December 20, 2023
Amendment No.2, dated June 3, 2024
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 31, 202 8
unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended
to read as follows:
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Attachment A - Amendment
No. 3 to Contract
C21178333 with Black &
Veatch
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DocuSign Envelope ID: C433F245-C478-46FF-98D9-0F923BDBB478
Contract No. C21178333
2
The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Three Million Seven
Hundred Sixty-Nine Thousand One Hundred Ninety Dollars ($3,769,190.00). CONSULTANT agrees
to complete all Basic Services, including reimbursable expenses, within this amount. In the event
Additional Services are authorized, the total compensation for Basic Services, Additional Services
and reimbursable expenses shall not exceed Four Million One Hundred Forty-Six Thousand One
Hundred and Nine Dollars ($4,146,109.00). The applicable rates and schedule of payment are set
out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of
this Agreement. Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to the
CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described at Exhibit “A”.
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 3”, AMENDED,
REPLACES PREVIOUS.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3”,
AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 3”, AMENDED,
REPLACES PREVIOUS.
d. Exhibit C-2: “SCHEDULE OF RATES, AMENDMENT NO. 3” (ADDED)
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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Attachment A - Amendment
No. 3 to Contract
C21178333 with Black &
Veatch
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DocuSign Envelope ID: C433F245-C478-46FF-98D9-0F923BDBB478
Contract No. C21178333
3
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
BLACK & VEATCH CORPORATION
Officer 1
By:
Name: Daniel C. Lopez, PE
Title: Associate Vice President
Attachments:
Exhibit A: “SCOPE OF SERVICES, AMENDMENT NO. 3” (AMENDED, REPLACES PREVIOUS)
Exhibit B: “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3” (AMENDED, REPLACES PREVIOUS)
Exhibit C: “COMPENSATION, AMENDMENT NO. 3” (AMENDED, REPLACES PREVIOUS)
Exhibit C-2: “SCHEDULE OF RATES, AMENDMENT NO. 3” (ADDED)
Docusign Envelope ID: 95F7AAB9-B304-4056-8493-45AA9A046B20
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Attachment A - Amendment
No. 3 to Contract
C21178333 with Black &
Veatch
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Contract No. C21178333
4
EXHIBIT “A”
SCOPE OF SERVICES, AMENDMENT NO. 3
(AMENDED, REPLACED PREVIOUS)
WQ - 19003
I. INTRODUCTION
The City of Palo Alto (City) owns and operates a Regional Water Quality Control Plant (RWQCP)
which treats wastewater from six communities. The RWQCP has a permitted dry weather capacity
of 39 million gallons per day (MGD), annual average treated flow of 1 9 MGD, and a wet weather
capacity of 80 MGD.
The RWQCP produces approximately 230 million gallons of tertiary-treated recycled water
annually with much of the demand occurring May - August. The City’s objective for this Advanced
Water Purification System (AWPS) project is reducing the total dissolved solids (TDS) concentration
in recycled water from about 810 mg/L to 450 ± 50 mg/L. In 2019, the recycled water produced at
the RWQCP had an average concentration of 810 mg/L TDS.
This Scope of Services is for the detailed design of an AWPS located at the RWQCP to initially
provide 1.125 MGD of permeate, with provisions for future expansion to produce 2.25 MGD of
permeate in a subsequent construction phase. The AWPS will be designed to consist of
Ultrafiltration (UF) or Microfiltration (MF) followed by Reverse Osmosis (RO) treatment processes
as well as all chemical storage / feed systems and ancillary components as defined herein. The
AWPS will be designed to be fed disinfected recycled water from the RWQCP for initial
construction. In the future expansion to 2.25 MGD, it is anticipated that the AWPS will be fed
disinfected final effluent. The produced permeate from the AWPS will be blended at an
appropriate ratio with the existing tertiary-treated recycled water in order to achieve an
instantaneous TDS concentration of 450 ± 50 mg/L. RO concentrate will be blended with RWQCP
final effluent prior to discharge through the RWQCP’s outfall pipeline. In addition, the AWPS design
will include provisions to also serve as a test bed (i.e. pilot skid) to conduct research and
operational studies that would inform future efforts to develop water reuse in Santa Clara County.
The AWPS Facility will be owned by the City and operated and maintained by the City’s RWQCP
staff. The AWPS Facility will be funded by the City, the City of Mountain View (Mountain View) and
the Santa Clara Valley Water District (Valley Water) (Mountain View and Valley Water are referred
to together as the “Agency Partners”). It is the City’s goal that all public utility connections to the
AWPS Facility will be metered separately and can be isolated physically from the core
infrastructure of the RWCQP. existing infrastructure. A new electrical service will be established
for the AWPS with the City’s Electrical Utility that is sized for the initial 1.125 MGD project, and
the expansion to 2.25 MGD. Flexibility to add an in-pipe type UV reactor for disinfection will be
included in the electrical loads and site plan.
The City, as the lead agency, with participation by Mountain View, Valley Water, and the project
Consultant Black & Veatch, has prepared this Scope of Services that includes all necessary tasks
Docusign Envelope ID: 95F7AAB9-B304-4056-8493-45AA9A046B20
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No. 3 to Contract
C21178333 with Black &
Veatch
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DocuSign Envelope ID: C433F245-C478-46FF-98D9-0F923BDBB478
Contract No. C21178333
5
for the completion of the design, bidding and engineering services during construction and start -
up of the project.
II. BACKGROUND
Background information for this Scope of Services includes the following:
• REVISED Final Advanced Water Purification System Feasibility Study, May 25, 2017
• Advanced Water Purification System Preliminary/Conceptual Design Report, December
15, 2017
• Addendum to the 2015 City of Palo Alto Recycled Water Project Environmental Impact
Report has been prepared for the AWPS project, September 13, 2019
• Membrane Pilot Testing Report, August 2018
• Reverse Osmosis Concentrate Toxicity Study, December 12, 2018
III. CONSULTANT’S SCOPE OF SERVICES (GENERAL)
This section describes the nature and scope of engineering design and Operations and
Maintenance (O&M) services to be provided for the final design, bidding, construction and start-
up of the AWPS.
The CONSULTANT shall provide engineering services during all phases of the project from
preliminary design, design, bid period services, engineering services during construction, and
support during commissioning and start-up. CONSULTANT shall design the system such that it can
be constructed without interruption to the current treatment operations, except as allowed under
special circumstances, which are expected to entail piping and utility tie-ins.
CONSULTANT shall provide overall coordination of engineering disciplines (including civil,
structural, mechanical, electrical, and instrumentation and controls) and other disciplines required
for the successful development of a consolidated set of detailed design documents consisting of
specifications, drawings and opinion of probable construction cost (OPCC) that will result in three
(3) final construction bid packages:
• The first construction bid package to be issued will contain the detailed design of a new
odor control system for the influent pump station, referred as the New Pumping Plant
(NPP). This is covered under Task 2 below.
• The second construction bid package will contain the detailed design of a 1.125 MGD
permeate AWPS with building space provisions to accommodate expansion, covered
under Task 1 below. Design of the demolition to the existing odor control system is
included as part of this bid package.
• The third construction bid package will contain the detailed design of the expansion of
the 1.125 MGD AWPS to produce 2.25 MGD permeate, covered under Task 3 below.
CONSULTANT shall incorporate in the design details and/or specifications provisions for all
necessary equipment including: automatic strainers, isolation valves, flushing connections,
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No. 3 to Contract
C21178333 with Black &
Veatch
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DocuSign Envelope ID: C433F245-C478-46FF-98D9-0F923BDBB478
Contract No. C21178333
6
MF/UF and RO Skids, clean-in-place equipment, pump skids, break tanks, storage tanks, chemical
feed systems, decarbonator, air compressor, air blower and accessories, odor control, building
canopy, test bed, recycled water storage tank, and blending facilities.
This facility is not intended to be a showplace for educational tours, so CONSULTANT is not
required to allocate space to accommodate tour groups design the system with signage and
placards to describe equipment and processes.
For this Project, the City has prepared a planning-level budget but not a stated construction
budget, as described in Section 9 of the Agreement. CONSULTANT shall prepare a cost trending
log during design to show the impact design decisions have on the opinion of probable
construction costs. Following CONSULTANT’s preparation and review of the 30% design submittal,
which will include an opinion of probable construction cost as further detailed below, the City will
establish a stated budget for the Project, taking into account CONSULTANT’s opinion of probable
construction cost and other relevant factors
The main features of scope of design and engineering services shall include the following:
• Basis of Design Report including 30% Design Drawings and Class 4 OPCC
• Design and Bidding Document Submittals for an Advanced Water Purification System
(AWPS) at 60%, 90% and 100% development.
• Development of construction sequencing requirements
• Development of control strategies
• Development of an O&M Manual for the overall system operation, with detailed process
and control descriptions of the process train
• Technical support of specific regulatory and resource agency permitting requirements is
provided in Task 4. No specific support for financial coordination, including State
Revolving Fund (SRF) loan and energy efficiency alternative funding applications, or CEQA
document modifications is required from the Consultant. However, deliverable
information prepared under various tasks in this agreement such as project descriptions,
OPCC information, site plans, BIM model images, etc., will be provided for the City’s use
in funding applications.
IV. CONSULTANT SCOPE OF SERVICES (BASIC SERVICES)
CONSULTANT's services shall include the performance of all tasks described in the following
sections. All deliverables including drawings, specifications, graphics, schedules, and reports shall
be provided in hard copy and in their original software version (Excel, Word, AutoCAD 3D,
PowerPoint, etc.) and PDF version.
Task 1 – Detailed Design of 1.125 MGD AWPS and Storage Tank
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Contract No. C21178333
7
For this Task, CONSULTANT shall develop a bid package made up of design documents (including
specifications, expected construction schedule/sequencing, and OPCC) for an Advanced Water
Purification System (AWPS) that produces 1.125 MGD of permeate.
CONSULTANT shall design the 1.125 MGD AWPS such that it can be expanded to produce 2.25 MGD
permeate in the future with minimal additional site and yard piping work. The building footprint
shall be large enough to accommodate the future expansion of the system. In addition, the design
must account for the future expansion by including:
• Housekeeping pads for future equipment skids
• Sizing pipe headers large enough to meet the expansion flow requirements
• Accounting for future equipment electrical loads in the MCCs
• Any other items related to accommodate future expansion of the system
• Vendor start-up services
CONSULTANT shall include design documents for all disciplines (civil, structural, mechanical,
electrical, instrumentation and controls, etc.) required for the development of a consolidated set of
detailed design documents consisting of specifications and drawings necessary for the successful
construction and operation of the AWPS. CONSULTANT shall design the facility to comply with Palo
Alto Municipal Code, state and federal regulations, Cal OSHA requirements, and all other applicable
regulations.
CONSULTANT shall design the system such that it can be constructed without interruption to the
current treatment operations. The only planned outages are anticipated only for piping tie -ins for
AWPS feed, blending, and concentrate discharge. CONSULTANT shall specify provisions to protect
membranes to the extent possible, during long-term shutdowns in the O&M manual. CONSULTANT
shall establish a proposed construction sequence in sufficient detail to meet the RWQCP’s ability to
comply with its NPDES Permit, Recycled Water Order 93-160 and future Recycled Water Regulations
such as the Statewide General Order.
1.1 Site Work / Civil Design
CONSULTANT shall research, review and use Planning Phase deliverables as a basis for the design, as
well as to conduct necessary field investigations (i.e. geotechnical, land surveying, and potholing) to
establish a Project Base Map, and prepare reports that will inform the design. CONSULTANT is
responsible for collecting all the data and conducting all investigation that are needed to complete
the final design. NAD83 and NAVD88, are the respective horizontal and vertical control datums used
at the RWQCP.
CONSULTANT shall identify and review the existing site conditions, including existing utilities and a
biofilter bed that requires removal and replacement. CONSULTANT shall consider utilities relocation
for the project including RWQCP water, storm drains, irrigation, Renzel Marsh pipeline, and low-
voltage electrical. CONSULTANT shall include in the design the preservation of the two (2) landfill
gas monitoring wells and associated access.
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Contract No. C21178333
8
CONSULTANT shall establish the finished floor elevation of the AWPS at 14.0-ft above sea level.
CONSULTANT will verify that this is above the FEMA Base Flood Zone Elevation for this site and will
prepare equipment installations above the flood zone accordingly. CONSULTANT shall incorporate
in the design any additional pertinent requirements from the City of Palo Alto Sea Level Rise Policy.
Incorporating the City Sea Level Rise policy will require the finished floor elevation to be
approximately 14.0 feet NAVD88.
The design shall consider the turning radius for chemical delivery trucks from within the RWQCP to
the AWPS Chemical Storage Area. CONSULTANT shall include a pavement restoration design for
those RWQCP areas impacted by construction. CONSULTANT shall include in the design repaving
around existing facilities at the north end of plant impacted by excavation and construction.
CONSULTANT shall route all stormwater from the site to the RWQCP’s headworks.
1.2 Process Mechanical Design
Consultant’s process design shall include pre-treatment systems, break tanks, cleaning and blending
systems, including:
• Pre-filtration
• Chemical Storage and feed systems
• UF / MF and R.O. Membrane Skid Assemblies
• Decarbonated
• Break tanks and pumping system
• UF / MF Cleaning system
• Reverse Osmosis (R.O.) Cleaning system
• Blending station to produce enhanced recycled water
• Pilot test bed area & sampling points throughout the process.
• Motor Control Center design
• Fire Protection System design for the building(s)
• Medium Voltage and Low Voltage Power Distribution system design
• Instrumentation and Control system design
• Access platforms and stairs for accessing equipment
• Other required ancillary systems identified in the City’s Preliminary Design Report
CONSULTANT shall confirm the RO permeate storage requirement for the initial 1.125 MGD and for
the future AWPS expansion to 2.25 MGD capacity and coordinate with the City for selection of the
tank material.
CONSULTANT shall evaluate needed blending facilities for reverse osmosis permeate and the
existing tertiary-treated recycled water currently produced at the RWQCP under initial and future
expansion conditions. CONSULTANT shall explore alternatives for blending facilities including those
specified in the Preliminary Design Report as well as other possible locations and try to avoid the
use of underground areas that are highly congested with existing utilities.
CONSULTANT shall include in its evaluation all facilities (including additional storage and in -situ
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automated instrumentation) needed to blend the purified water with the existing tertiary -treated
recycled water. The AWPS PDR blend ratio is based on a 1:1 blending ratio between these sources;
however, in reality this will not work, and the City needs the ability to vary the blending ratio to meet
a much greater turndown ratio. This is especially true in the wet weather season when recycled
water usage typically drops. This critical design aspect needs CONSULTANT to review the existing
controls of the Recycled Water Reclamation Plant Feed Pumps and hypochlorite dosage control
strategy as it relates to incorporation into the new blending strategy. Consideration should be given
to retrofit the pumps’ constant speed motors with inverter duty motors and VFD controls, and
modification of the hypochlorite injection control and feedback loop. CONSULTANT shall provide
details on automated valves, flow meters, controllers, and other equipment to provide the City
flexibility to operate and increase or decrease the blending ratios depending on production and
demand of enhanced recycled water. CONSULTANT shall also provide details on the operational
aspects of blending and blending percentages, such as rotating equipment trains, returning
permeate to the head of the system, etc., such to minimize enhanced recycled water production
during those periods of low demand.
CONSULTANT shall design blending facilities for RO concentrate into the RWQCP outfall line. The
current RWQCP NPDES Permit (Order R2-2019-0015) authorizes blending up to
0.2 MGD of reverse osmosis concentrate from the planned AWPS with fully treated effluent prior
to discharge, thus slightly increasing the concentration of the discharge.
CONSULTANT shall design a pipe stub out and isolation valve to the plant effluent line for a future
pipeline and pump station that will convey treated effluent to a future regional recycled water
facility, to be located within the City of Palo Alto and owned by Valley Water. The tie-in point
might consist of a valve vault for connections to a pump station, which would convey the water to
the future facilities. Space should be allocated to locate a future pump station in close proximity to
the piping tie-in point.
1.3 Structural Design
CONSULTANT shall provide a structural design that is in accordance with all jurisdictional
requirements including the 2019 California Building Code. Seismic design requirements shall apply
to the building / canopy structure as well as non-structural components. CONSULTANT shall include
field verification of existing infrastructure for design of proposed structural improvements under
this project.
CONSULTANT shall design the AWPS to be constructed on a concrete slab with canopies over AWPS
filter and membrane equipment.
CONSULTANT shall conduct a geotechnical study at the project site to properly characterize the soils
and groundwater conditions, and develop recommendations including foundation design for the
AWPS, permeate storage tank and ancillary facilities. CONSULTAN T should anticipate that a pile
supported slab is required. CONSULTANT shall evaluate if a pile supported slab foundation is the
best option or provide a more suitable solution provided the detailed geotechnical study. For more
details about the preliminary foundation design refer to the Geotechnical Desk Study – Advanced
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Water Purification System Project.
Task 1.3 assumptions:
• Design for seismic liquefaction not included for spread or mat foundations, which will be
used except where noted to use auger-cast piles. Settlement criteria of 1" total and 1/2"
differential will be used.
• CONSULTANT will design all pipe supports for piping 14 inches and greater.
• CONTRACTOR will be required to design all pipe supports for piping 12 inches and
smaller, performance specified.
• Design of structural elements for a fall protection system is not included.
• Special Inspections support is not included.
• Tank, foundation, and piles to be designed by tank manufacturer and covered by a
performance specification.
• Meter Vaults: RW vault is approximately 9' x 8' in plan, and 10' deep, permeate vault is
approximately 11' x 8' in plan, and 10' deep, vaults are CIP concrete, tops are at grade
level, and require no stair access or railing.
• Electrical Building approximate plan dimensions of 40' x 20'’, foundation is slab on grade
with thickened edge around perimeter, structure is assumed to be a pre -engineered
building, performance specified.
• Geotechnical
o Assumed 3 borings and 4 Cone Penetration Tests (CPT)
o Assumed boring depth between 50 and 70 feet
o Assumed CPT depth of 70 feet
o Assumed 2 days of drilling and 1 day for CPT.
o Assumed site is accessible with truck/track mounted rig.
o Soil sampling and penetration testing will be performed at intervals between
3 and 5 feet. 4 samples will be taken and tested in a laboratory for engineering
properties, including natural moisture content, dry density, grain size analysis,
Atterberg limits, unconsolidated-undrained triaxial strength, consolidation,
Resistance (R) – value testing and corrosion analysis.
1.4 Mechanical Design
CONSULTANT shall design the AWPS to incorporate California Code of Regulations, Title
24 requirements for energy conservation, particularly as it applies to structural, mechanical,
electrical, lighting, and plumbing systems in the building / canopy.
CONSULTANT shall include the development of a performance specification for a packaged fire
sprinkler system, to be purchased and installed by the CONTRACTOR.
CONSULTANT shall design the system to minimize noise generation. A noise generation study shall
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be included in the design, as well as design of sound attenuation measures. CONSULTANT shall
develop a noise study with recommendations to minimize noise and design the structure with sound
attenuation measures, as required to reduce sound levels from the equipment along Embarcadero
Road.
Task 1.4 Assumptions:
• The control room, inside the electrical building, will be heated and air conditioned
for personnel comfort and to achieve Title 24 compliance.
• The electrical room will be heated with unit heaters and air conditioned by packaged
air conditioning.
• Adequate water supply is available at the RWQCP with sufficient flow and pressure
for the sprinkler system and other potable and non -potable water requirements.
• Fire pump system or fire water storage tank is not required.
• Meter vaults will not have any type of HVAC.
1.5 Electrical, Instrumentation, and Control Systems
CONSULTANT shall include in the design a new City of Palo Alto Utilities (CPAU) electrical service
connection extending from Embarcadero Road for the AWPS. The new service shall be designed to
meet CPAU standards for new commercial electrical service. Refer to CPAU Transformer and
Transition Cabinet drawing.
CONSULTANT shall develop a design for a new electrical building constructed to the north of the
AWPS and include an operator workstation/control room. The new electrical building shall comply
with City of Palo Alto Municipal Code and other applicable regulations for fire protection.
CONSULTANT shall design a standalone PLC and SCADA system with a local historian that is
compatible with the RWQCP Process Control Systems Technology Standards (SCADA Standard). The
AWPS SCADA shall follow the equipment standards as well as the networking standards defined in
the SCADA Standard and will provide remote screens, local and remote alarms and data transfer to
the RWQCP Administration Building and Main Operations Control Room located in the Operations
Building. Communication Network design required to connect the AWPS SCADA system with the
RWQCP SCADA system shall be coordinated with RWQCP Technology / SCADA Support Staff to define
the connection point. The new network link shall provide fiber optic communications through a new
patch panel to communicate with the RWQCP SCADA and Radio System. All equipment located at
the Administration and Operations Buildings will be integrated by the contract control system
integrator, with assistance from RWQCP Technology / SCADA support staff. CONSULTANT shall
include in the design a telephone line for connection to the RWQCP telephone system.
CONSULTANT shall propose instrumentation and control equipment that is consistent with the
RWQCP Process Automation Standard and/or is readily available from local distributors and shall be
integrated within City’s existing control system.
CONSULTANT shall propose equipment from manufacturers with at least ten (10) years of
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experience with a proven track record in similar environments and duty conditions within the United
States of America; for package systems, these requirements shall be fulfilled to the extent possible.
Due to the sensitive nature of the information contained in the RWQCP Process Automation
Standard, the Standard will be made available to the CONSULTANT, subject to entering a
nondisclosure agreement.
The CONSULTANT shall include in the design a manual transfer switch and space to accommodate a
portable generator with spill containment provisions. The switch shall be specified to function with a
generator sized only to perform a shutdown of the AWPS and for system monitoring. The City will
provide a portable generator on an “as needed” basis. A dedicated emergency generator is not to be
included in the design. The Contractor will be responsible for testing the switch and a portable
generator provided by the City.
CONSULTANT shall include in the design electronic security and safety systems such as: cameras,
allowance for future card readers, addressable fire alarms, night security lighting, intrusion alarms,
motion detectors, and emergency lighting. to comply with RWQCP Process Automation Standards.
The security system features to be integrated with the existing RWQCP security / surveillance
system.
CONSULTANT shall include analytical instrumentation for monitoring and control over the complete
process train. In addition, continuous TDS concentrations monitoring, pH and chlorine residual of
the AWPS permeate tertiary-treated recycled water and blended recycled water. All instruments
shall provide a local readout with a signal output to the PLC and SCADA control screens.
Task 1.5 Assumptions:
• CONSULTANT’s standard electrical design (one-line diagrams, power plans showing
equipment locations, lighting plans, panel schedules, schematics, and details) will be
performed and standard documents created.
• Cable tray, large conduit corridors, and 4” and larger conduit will be modeled in 3D with
cable tray shown on drawings. Detailed conduit routing, and cable/conduit schedules
are not part of CONSULTANT’s standard design.
• Arc Flash and coordination study will be specified to be included in the CONTRACTOR’s
scope of work.
• It is assumed that meter vaults will not have any lighting.
• Network configuration performed by CONTRACTOR or City, as required. Backbone
SCADA and PLC network configuration is done by RWQCP SCADA / Technology support
staff, but the MF / UF / RO packaged system vendor may have their own internal
network switches that are specific to their system, in which case the system vendor will
do the configuration.
• New standalone SCADA system for the AWPS based on AB PLCs and iFIX HMI. The new
SCADA system will communicate with the existing RWQCP SCADA system. Preliminary
design included redundant AWPS plant PLCs communicating to 5 RIOs or Vendor PLCs
and ethernet connections to VFDs and power monitoring devices.
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• Design coordination with remote communication by others to the 2.25 mgd expansion
RO permeate tank.
• I&C design consists if P&ID drawings, Control System Block Diagram drawings, panel
enclosure layouts, installation detail drawings, and specifications. Additional drawings
for detailed wiring diagrams are not included, i.e. loop diagrams or detailed panel wiring
diagrams are not included.
• City to provide portable generator information to Consultant for designing the manual
transfer switch.
• Task 1.5 will be confirmed based upon review of the RWQCP Process Control Systems
Technology Standards (SCADA Standard)
1.6 Landscape Design
CONSULTANT shall include in the design landscape restoration and public sidewalk realignment to
provide additional buffer and screening between the sidewalk and the AWPS. CONSULTANT shall
include in the design consideration of a 20-foot buffer from the RWQCP property line to the AWPS
building to provide screening between the public and the AWPS for an aesthetically pleasing facility.
CONSULTANT shall include in the design a landscape irrigation system, and connection of that
system to the existing recycled water irrigation system.
CONSULTANT shall prepare a Tree Protection and Preservation Plan based on existing tree survey
conducted by the City. CONSULTANT shall avoid tree removal when possible and include
identification of trees to be removed in the detailed landscape drawing.
Task 1.6 Assumptions:
• Photometric plans detailing lighting levels are not included. (Lighting will be provided
for basic security in active use areas within the AWPS site only).
• Phase I Environmental Assessment, Phase II Subsurface Investigation, and asbestos
and lead containing material investigation and report are not included.
Task 1 – Deliverables
CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and
technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well
as in PDF and in hard copy when specified in the below delive rable sections. CONSULTANT shall
conduct internal quality assurance and quality control reviews of all deliverables prior to submitting
to the City for review by the City, Mountain View and Valley Water.
CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of each
deliverable. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time
of deliverable submittal with City and Agency Partner staff to walk them through the 30%, 60% and
90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City
and Agency Partners will provide feedback that CONSULTANT shall incorporate into subsequent
design project deliverables when feasible.
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30% Design Deliverable
• Kickoff Meeting
o Meeting Agenda
o Meeting Minutes (draft and final)
o Draft Communication Plan
o Draft Summary of Required Key Design Decisions
o Draft BOD Report Outline
• Key Design Decision Small Group Meetings – 5 each.
• Draft BoDR Presentation Workshop (Pre-City and Agency Partner Review)
o Meeting Agenda
o Slide Presentation
o Sign-in sheet, and meeting minutes
• Basis of Design Report (BoDR) Submittal
o Draft BoDR– two (2) hard copy sets, 1 electronic set in pdf format and 1 electronic
copy in MS Word including:
• Key Design Decisions developed during small-group meetings will be
addressed in the BoDR including: MF/UF and RO membrane technology
and configuration selection, turn-down capability, seasonal and long-
term shutdown recommendations. Assessment of pumping vs. break
tanks between membrane processes. Procurement methodology.
• Chemical storage requirements, storage approach (tanks vs. totes),
addition points, control strategy, access and features for O&M.
• AWPS Overall Layout and selection of canopy vs. partial enclosure or
enclosed building options based on cost and non-cost factors.
• RO permeate storage volume assessment (@1.125 and 2.25 MGD
capacity) and tank location(s) and materials selection.
• Blending station siting, layout, configuration, and control strategy
requirements and blend ratio rangeability and constraints.
• Test Pad Area layout and provisions for future pilot equipment access to
feed water, power, waste, lighting and other required utilities.
• Noise generation and attenuation study
• Landscape Restoration, Trail Realignment, and Pavement Restoration
- General project scope and background references.
- Design criteria, including:
• Flow rates – current and anticipated.
• AWPS feed water quality - physical, chemical and biological.
• RO permeate water quality.
• Applicable codes and standards, including fire and safety codes including
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code review and approval process.
• Local building, planning, and zoning department requirements including
code review and approval process.
• Site considerations, including subsurface conditions, flood elevations,
drainage requirements, etc.
• P&ID and Process Flow Diagrams
• Preliminary site plan, building layouts, and architecture.
• Preliminary hydraulic profile.
• Process and hydraulic systems.
• Chemical feed and storage.
• Operational monitoring and control systems.
• HVAC systems.
• Electrical systems.
• Structural design criteria.
• Communications systems.
• Miscellaneous support systems.
• Security systems.
• Utility requirements.
o Final BoDR – two (2) hard copy sets, 1 electronic set in pdf format and 1 electronic
copy in MS Word
o Functional Description summarizing operating strategies and capabilities
o Draft & Final Geotechnical Study/Technical Memorandum
o Topographic Survey
o Potholing Survey
o Preliminary Construction Schedule with key milestones (presented in MS Project)
• 30% drawings set (provide in PDF and two (2) hard copies)
• Project Initial Specification List in CSI 2018 MasterFormat
• Association for the Advancement of Cost Engineering (AACE) Class 4 OPCC accuracy range of
-20% / +30%
• 30% Design Review Workshop
o Meeting Agenda
o Slide Presentation
o Sign-in sheet, and meeting minutes
60% Design Deliverable
• 60% Design Review Workshop
o Meeting Agenda
o Slide Presentation
o Sign-in sheet, and meeting minutes
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• Sole-sourced, Prequalified and Pre-purchased Equipment List with rationale
• Preliminary Construction Schedule with key milestones (presented in MS Project)
• 60% drawings set (provide in PDF and two (2) hardcopies)
• 60% Specifications in CSI 2018 MasterFormat
• RO Projections and RO Normalization Calculations
• Draft process design calculations
• Association for the Advancement of Cost Engineering (AACE) Class 3 OPCC, accuracy range of
-15% / +20%
• Focused Review Workshops (for O&M Staff):
o O&M Process Workshop on the process train and ancillary equipment targeted for
discussion targeted for Operations staff.
o Process Automation (PLCs, HMIs, Fiber Optics communications) Design Review Workshop
targeted for discussion with SCADA/Technology staff.
o Equipment Access and Site Safety Workshop targeted for Operations and Maintenance
staff.
o Chemical Delivery and Safety Workshop targeted for Operations staff.
o Power Distribution (12-kV, MCC’s) Design Workshop targeted for Electrical Maintenance
staff.
90% Design Deliverable
• 90% Design Review Workshop
o Meeting Agenda
o Slide Presentation
o Sign-in sheet, and meeting minutes
• 90% Construction Schedule with key milestones (presented in MS Project)
• 90% drawings set (provide in PDF and two (2) hard copies)
• 90% Specifications in CSI 2018 MasterFormat
• Final process design calculations
• AACE Class 2 OPCC, accuracy range of -10% / +15%
100% Design Deliverables / Bid Package
• Final Specifications that conform to CSI 2018 MasterFormat (provide in MS Word and
two (2) hard copies)
• 100% drawings set (provide in PDF and two (2) hard copies
• Final R.O. Projections
• Final Process Design Calculations
• Final Construction Schedule
Task 1 - General Assumptions
• Kickoff meeting and workshops will be attended via conference call until health orders
allow in-person meetings. At that time, workshops will be attended virtually or in-person by
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up to two members from the CONSULTANT. All other members will join via conference call.
• B&V standard specifications will be used, except for Division 0.
• Value Engineering study and/or responses not included.
• B&V standard graphics will be used for all drawings.
• All required calculation submittals will be provided in portable document format (PDF).
• Demolition of the existing RW storage tanks not included.
• The Preliminary Drawing list is attached to this Scope of Services.
Task 2 – Detailed Design of Odor Control System for the New Pumping Plant
CONSULTANT shall design a replacement odor control system to be located adjacent to the influent
pump station known as the New Pumping Plant (NPP) to treat foul air from the NPP. The demolition
of the existing biofilter bed located on the project site will be included in Task 1. CONSULTANT shall
design the replacement system to treat approximately 6,000 standard cubic feet per minute of
exhaust air from the NPP and remove hydrogen sulfide and ammonia as follows:
• Hydrogen sulfide:
o 99% removal for inlet concentrations above 10 parts per million by volume (ppmv)
o For inlet concentrations less than 10 ppmv, maximum outlet concentration of 100 parts
per billion by volume (ppbv)
• Ammonia
o 90% removal for inlet concentrations above 50 ppmv
o For inlet concentrations less than 50 ppmv, maximum outlet concentration of 5 ppmv
CONSULTANT shall verify these pollutant criteria for sizing equipment accordingly and perform data
review of air quality data and perform a grab sample to confirm odor characterization for design.
CONSULTANT shall determine appropriate odor control technology and equipment sizing for this
application. As described in more detail in the Permitting task below, CONSULTANT shall provide air
permitting support, submit and secure a BAAQMD Permits to Construct and Operate.
The workflow for this task includes the following procedural steps:
• Odor Characterization - including review of data, discussion of O&M’s understanding, and
new grab samples
• Preliminary Technology Assessment, including general advantages and disadvantages.
PowerPoint slides summarizing the assessment will be provided to City three business days
before the following workshop.
• Technology Alternatives Screening and Selection Workshop with Engineering and O&M (1-
hour duration).
• 30% Design Submittal including Basis of Design Criteria
• 90% Design Submittal and Class 2 OPCC, accuracy range of -10% / +15%
• 100% Bid Document Submittal
Task 2 – Deliverables
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CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and
technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well
as in PDF and in hard copy when specified in the below delive rable sections. CONSULTANT shall
conduct internal quality assurance and quality control reviews of all deliverables prior to submitting
to the City for review by the City, Mountain View and Valley Water.
CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of each
deliverable. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time
of deliverable submittal with City and Agency Partner staff to walk them through the 30% and 90%
Draft Design Deliverables, obtain input, and confirm decision s during design development. City and
Agency Partners will provide feedback that CONSULTANT shall incorporate into subsequent design
project deliverables when feasible.
Task 2 – General Assumptions
• Workshops will be attended via conference call until health orders allow in -person
meetings. At that time, workshops will be attended virtually or in-person by up to two
members from the CONSULTANT. All other members will join via conference call.
• The Basis of Design Report developed in Task 1 will be used for the Odor Control
Replacement design.
• B&V standard specifications will be used, except for Division 0.
• Value Engineering study and/or responses not included.
• B&V standard graphics will be used for all drawings.
• All required calculation submittals will be provided in portable document format (PDF).
• Demolition of the existing biofilter is included in Task 1.
• The Preliminary Drawing list is attached to this Scope of Services.
Task 3 – Detailed Design Expansion for 2.25 MGD Production and Storage (As of Amendment 3, Task
3 is on hold. Accordingly, no funds are currently allocated for this task.)
For this Task, CONSULTANT shall develop a bid package made up of design documents to go directly
to a 90% design deliverable, (including plans, specifications, expected construction
schedule/sequencing, and OPCC) for an expansion of the 1.125 MGD AWPS to produce 2.25 MGD
permeate with minimal additional site work and piping. With most of the infrastructure in place
from the design of the 1.125 MGD facility, the design for the expansion is assumed to include the
following items:
• Addition of equipment skids onto existing housekeeping pads
• Extension of piping and electrical to the new equipment
• Integration of the new equipment items into the existing system
• Vendor start-up services
CONSULTANT shall include design documents for all disciplines necessary for successful construction
and operation of the expanded AWPS, including civil, structural, mechanical, electrical,
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instrumentation and controls, and other disciplines as required. CONSULTANT shall design the
facility to comply with Palo Alto Municipal Code, state and federal regulations, Cal OSHA
requirements, and all other applicable laws and regulations.
CONSULTANT shall sequence construction such that the current recycled water and enhanced
recycled water production performance and operations are maintained on a continuous basis as
much as possible. CONSULTANT shall establish a proposed construction sequence in sufficient detail
which meets the RWQCP’s ability to comply with its NPDES Permit and Recycled Water Order 93-
160 as well as by the requirements set by the Statewide General Order when applicable.
3.1 Process Mechanical Design
The process design shall include all necessary components to process the increased flow
through the system, including:
• Pre-filtration
• UF / MF and R.O. Membrane Skid Assemblies Expansion / Addition
• Motor Control Center modifications
• Integration of new equipment into the Instrumentation and Control system
• Other required ancillary systems
Assuming additional storage is needed per the RO permeate storage tank evaluation developed in
Task 1, CONSULTANT shall design a second reverse osmosis permeate storage tank for a future AWPS
expansion to 2.25 MGD. The location of the second RO permeates storage tank, if necessary, will be
confirmed in the RO permeate storage tank evaluation in Task 1.
3.2 Structural Design
CONSULTANT shall provide a structural design that is in accordance with all jurisdictional
requirements including the 2019 California Building Code. CONSULTANT shall include field
verification of existing infrastructure for design of proposed structural improvements under this
project.
CONSULTANT should anticipate that a pile supported slab is required to support a new storage tank,
if necessary. CONSULTANT shall evaluate if a pile supported slab foundation for the storage tank is
the best option or provide a more suitable solution provided the detailed geotechnical study
performed in Task 1.
3.3 Electrical, Instrumentation, and Control Systems
CONSULTANT shall integrate the new equipment components into the existing PLC and SCADA
System. The design is to be compatible with the RWQCP Process Control Systems Technology
Standards (SCADA Standard). This will require PLC program and SCADA program modifications,
possibly the development of new SCADA screens, and testing of newly integrated components with
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the existing control system. The new equipment components shall communicate with the RWQCP
SCADA and Radio System. All equipment will be integrated by the contract control system integrator,
with assistance from RWQCP Technology / SCADA support staff.
CONSULTANT shall propose all new instrumentation and control equipment that is consistent with
the RWQCP Process Automation Standard and/or is readily available from local distributors and shall
be integrated within City’s existing control system. CONSULTANT shall propose equipment from
manufacturers with at least ten (10) years of experience with a proven track record in similar
environments and duty conditions within the United States of America; for package systems, these
requirements shall be fulfilled to the extent possible. Due to the sensitive nature of the information
contained in the RWQCP Process Automation Standard, the Standard will be made available to the
successful CONSULTANT, subject to entering a nondisclosure agreement.
3.4 Landscape Design
CONSULTANT shall include in the design landscape restoration at the area of the new storage tank,
if a new storage tank is necessary. Restoration includes public sidewalk realignment to provide
additional buffer and screening. CONSULTANT shall include in the design consideration of a 20-foot
buffer from the RWQCP property line to the new tank to provide screening for an aesthetically
pleasing facility.
CONSULTANT shall prepare a Tree Protection and Preservation Plan based on existing tree survey
conducted by the City. CONSULTANT shall avoid tree removal when possible and include
identification of trees to be removed in the detailed landscape drawing.
Task 3 – Deliverables
CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and
technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well
as in PDF and in hard copy when specified in the below delive rable sections. CONSULTANT shall
conduct internal quality assurance and quality control reviews of all deliverables prior to submitting
to City and Agency Partners for review.
CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of all
deliverables. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time
of deliverable submittal with City and Agency Partners staff to walk them through the 90% Draft
Design Deliverables, obtain input, and confirm decisions during design development. City and
Agency Partners will provide feedback that the CONSULTANT shall incorporate into the 100% project
deliverable when feasible.
90% Design Deliverables
• 90% Design Review Workshop
o Meeting Agenda
o Slide Presentation
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o Sign-in sheet, and meeting minutes
• 90% Construction Schedule with key milestones (presented in MS Project)
o 90% drawings set (provide in PDF and two (2) hard copies)
o 90% Specifications in CSI 2018 MasterFormat
o Final process design calculations
o AACE Class 2 OPCC, accuracy range of -10% / +15%
o Final RO Projections
o 90% Construction Schedule
100% Design Deliverables / Bid Package
• Final Specifications that conform to CSI 2018 MasterFormat (provide in PDF, Microsoft
Word, and two (2) hard copies)
• Final Drawings/Plan Set (provide in PDF, Microsoft Word, AutoCAD 3D and two (2) hard
copies)
• Final Construction Schedule
Task 3 - General Assumptions
• It is assumed that the workshop listed in Task 3 will be attended via conference call until
health orders allow in-person meetings. At that time, workshops will be attended virtually or
in person by up to two members from the CONSULTANT. All other members will join via
conference call.
• All calculations will be completed in Task 1 – it is assumed no new calculations will be
completed in Task 3.
• It is assumed that the future tank, if necessary, will be located as indicated in the Addendum
to the EIR for the City of Palo Alto Recycled Water Project.
• Demolition and modifications of the existing RW storage tanks not included.
• It is assumed that technical evaluations and the Basis of Design Report will include
requirements for expansion to 2.25 MGD and will not be updated.
• It is assumed that all geotechnical work will be completed in Task 1 for the future tank
location.
• It is assumed that specifications will be copied from Task 1 and that minimal edits will be
required.
• Discipline-specific assumptions and general assumptions from Task 1 apply to Task 3.
• The Preliminary Drawing list is attached to this Scope of Services.
Task 4 – Permitting for 1.125 MGD AWPS
CONSULTANT shall investigate what permits are necessary for the project and assist the City in
obtaining all permits and approvals for the 1.125 MGD AWPS facility. An Addendum has been
completed to the 2015 Environmental Impact Report for the City of Palo Alto Recycled Water Project
(Phase III Pipeline) to account for the AWPS.
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CONSULTANT shall prepare submittal packages for permit approval, answer questions from
permitting agencies/stakeholders, and attend various in-person or virtual meetings with permitting
agencies. Table 7-1 from the Preliminary Design Report copied below, lists permits and approvals
that may be required for the AWPS, estimated permit application requirements, and estimated
schedules. Table 7-1 is not all inclusive and does not contain all agency permits required for
construction of this project. City shall pay all fees associated with permitting payable to permitting
agencies.
4.1 Sprinkler System Permit
CONSULTANT shall ensure that the fire sprinkler design developed in Task 1, including the fire
sprinkler and hazardous materials storage systems, complies with Palo Alto Fire Department (PAFD)
requirements, and support the permitting process. Include five (5) meetings with Fire Department
personnel for review and inspections of sprinkler system with Contractor and Supplier. The
requirements are significant, and the CONSULTANT shall adequately plan to cover the costs and
time to prepare for this approval.
CONSULTANT shall respond to review comments from PAFD regarding sprinkler design, hazardous
chemical storage areas, or other pertinent matters. CONSULTANT shall include an allowance of one
hundred and twenty (120) hours of response time to respond to PAFD comments about the Project.
4.2 Zoning and Noise Compliance
The RWQCP is in the Public / Quasi-Public Facility zoning district and is a permitted use in the district
under the Palo Alto Municipal Code (PAMC) and zoning map. CONSULTANT shall ensure that design
complies with zoning code requirements, as well as the City’s noise ordinance in PAMC Chapter 9.10
and Palo Alto Comprehensive Plan Goal N-8, regarding noise. CONSULTANT shall conduct a noise
study identified in Task 1, as necessary to comply with the PAMC and Comprehensive Plan goal.
4.3 Lease Amendment
The RWQCP lease is held by the California State Lands Commission (CSLC) and may require a lease
amendment prior to any construction activities associated with the AWPS. CONSULTANT shall
include eighty (80) hours of time to respond to CSLC comments about the Project.
4.4 City of Palo Alto Advisory Bodies and City Council Approvals
The Project will require public hearings and approvals (or recommendations) by the City’s
Architectural Review Board (ARB), Planning and Transportation Commission (PTC), and City Council.
CONSULTANT shall design all facilities to achieve a recommendation for approval by the ARB for a
major design review and implement ARB recommendations (subject to City staff direction). The
requirements are significant, and the CONSULTANT shall adequately plan to cover the costs and
time to prepare for the ARB hearing or hearings. CONSULTANT shall assume at least one (1) study
session and up to three (3) follow-up public hearings to gain a recommendation for approval through
ARB. In addition, CONSULTANT and its landscape design subconsultant shall be required to attend at
least two (2) meetings with City’s Planning Department staff prior to the ARB study session, one (1)
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Planning and Transportation Commission meeting, and one (1) City Council meeting. City will be
responsible for any fees charged by the City’s Planning Department.
4.5 NPDES Permit
City staff has coordinated NPDES permit changes through the San Francisco Bay Regional Water
Quality Control Board; however, the CONSULTANT shall provide technical support as needed for
up to twenty (20) hours.
4.6 BAAQMD Permit
CONSULTANT shall provide air permitting support and secure an Authority to Construct (ATC)
permit for new AWPS which includes preparation and submittal of application.
CONSULTANT shall prepare and submit a control permit application and secure permit approval to
modify BAAQMD Permit to Operate Source 110 Abatement Device A-11 for NPP biofilter
replacement with specified pollutant percent removal, as well as for the AWPS Decarbonator.
4.7 Title 22 Report
CONSULTANT shall prepare and stamp a Title 22 Engineering Report that includes all required
elements for production, distribution and end use for submittal to the Division of Drinking Water.
CONSULTANT shall ensure the Title 22 Engineering Report is consistent with the State’s 2001
Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of
Recycled Water. Since the RWQCP’s recycled water system was authorized by the Regional Board
prior to 2001, a Title 22 Engineering Report for the current system was never prepared in the
currently required format.
CONSULTANT shall develop tables and figures describing regulatory requirements, raw wastewater,
treatment processes, plant reliability features, supplemental water supply, monitoring & reporting,
and contingency plan (i.e., Section 2 of the 2001 guidance document). These descriptions must
encompass relevant aspects of the existing secondary treatment system, existing tertiary system, and
the designed AWPS. Since there is not an approved Title 22 Engineering Report for the existing
tertiary treatment system, sections of this Report will need to be developed by the CONSULTANT
retroactively based on other reference documents, such as the 1992 Recycled Water Master Plan, to
be provided by the City.
CONSULTANT shall provide a draft Title 22 Engineering Report for the City to review and then
incorporate comments to submit a final deliverable to the Division of Drinking Water for approval.
CONSULTANT shall support the City in answering DDW questions or requested revisions of the report.
The RWQCP is expected to be enrolled in the Statewide General Order on or before April 2022; if
this occurs before completion of the AWPS design, a separate Title 22 Engineering Report covering
the existing facilities will be produced under a separate cont ract, in which case CONSULTANT shall
be responsible for a Title 22 Engineering Report covering only the new AWPS facility.
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CONSULTANT shall also participate in all Project Meetings with City and other parties as listed under
Meetings below. CONSULTANT will provide an agenda three calendar days in advance of the date of
the meeting. CONSULTANT will compile and distribute inform al meeting minutes following Project
Progress Meetings no later than seven calendar days from the date of the meeting.
CONSULTANT shall attend / participate in the following meetings:
• Participate in two (2) Electrical Service (Power Feed) Coordination Meeting with PA
Electric Utilities
• Participate in two (2) meetings with City’s Planning Department staff prior to the ARB
study session
• Participate in one (1) study session to gain a recommendation for approval through ARB
• Participate in two Review Meetings with City Planning staff prior Architectural Review
Board (ARB) study session
• Participate in one meeting with the ARB study session
• Participate in one Planning and Transportation Commission meeting
• Participate in the City Council (PACC) Meeting for approval of the Project
• Participate in five (5) meetings with the PAFD regarding the sprinkler system design and
inspections.
• Coordination with DDW is included.
Task 4 - General Assumptions
• It is assumed that the City will provide all necessary information for the secondary
treatment system to incorporate into the Title 22 Engineering report.
• All meetings listed in this task will have up to two members from the CONSULTANT in
person when health orders allow in-person meetings. All other attendees will be via
conference call.
Table 7-1: Land Use and Resource Agency Permits and Approvals Potentially Required
Resource Agency Permits Permit
Required
Submittal Requirement
Estimated
Duration after
Submittal
SFBRWQCP – NPDES permit
review or update Yes Already occurred when the City applied for its
NPDES
Permit Renewal in 2019
State WRCB – NPDES
Construction General Permit
Yes
• Notice of Intent
• SWPPP
• Application
Coverage is
obtained after
submittal
BAAQMD
Yes
• ATC permit application
• Odor control permit
application for NPP biofilter
replacement
TBD
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DDW - Title 22
Engineering Report
Yes
Refer to Guidelines for the
Preparation of an Engineering
Report for the Production,
Distribution and Use of Recycled
Water
TBD
USFWS Section 7 No1
NHPA Section 106 No2
City Permits and Approvals
Architectural Review
Board (ARB) Yes • 60 percent design
elevations and site plan
and application
3 months
Planning and Transportation
Commission (PTC) Yes 1 month
City Council Approval Yes • ATC and PTC approval 1 month
Tree Ordinance CIP Approval Yes • Tree Inventory and list of
trees to be removed or
pruned
2 months
Public Works Engineering
FEMA NFIP Flood Elevation
Certificate
Yes
• Final grading plan
and foundation
plan
• Application
• Council Approval
3 months
Grading Permit
Yes
• Final grading plan
• Application
• Council approval
3 months
Building Permit
Yes
• Final plans
• Application
• Council approval
3 months
Encroachment Permit
Yes
• Final plans for construction
phase and permanent
changes
• Application
• Council approval
2 months
Parks and
Recreation
Commission
Maybe • 90 percent site plan 3 months
Baylands Design Guidelines Yes • 90 percent design elevations
• Site plan 3 months
Notes: (1) As noted in the Recycled Water Project EIR Mitigation Monitoring Program, any
construction that occurs within 500 feet of marsh areas would be subject to Mitigation Measure
BIO-7 and subject to restrictions for the protection of California clapper rail. Nevertheless, a Section
7 consultation under the federal Endangered Species Act would not be necessary, so long as
Mitigation Measure BIO-7 is implemented resulting in avoidance of impacts to the California clapper
rail.
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(2) No cultural resources have been identified at the RWQCP site (William Self Associates 2007).
However, if federal funding is being sought, the City should inquire whether Section 106 clearance
will be required
Task 5 – Engineering Services During Solicitation and Construction of the 1.125 MGD AWPS and the
NPP Odor Control Replacement
The City will assemble and issue the bid packages for solicitation for a construction contractor.
Assume a 6–month duration between the 100% Design Deliverable to award of the Construction
Contract. The City has standard front-end specifications that will be issued as part of the
construction bid package. CONSULTANT will review the front-end specifications to ensure that there
are no conflicts between the front-end specifications and technical specifications from Task 1.
During solicitation, estimated to take up to 2 months, CONSULTANT shall provide the following
services:
CONSULTANT shall provide responses to Requests for Clarification (RFCs) from prospective bidders.
CONSULTANT shall attend and assist the City at the pre-bid conference and walk through.
CONSULTANT shall provide electronic and (3) three hard copies of the conformed design package
(drawings and specifications) incorporating information issued as addenda and RFCs during the bid
period.
CONSULTANT shall develop specifications for the General Contractor to include CM construction
trailer: location, specifications and hookup drawings. Hookups to the trailer may involve trenching
to other areas of the RWQCP. Include design for laydown area for General Contractor.
CONSULTANT will perform services during the construction phase of the project. By performing
these services, CONSULTANT shall not have authority or responsibility to supervise, direct, or control
the Contractor's work or the Contractor's means, methods, te chniques, sequences, or procedures
of construction. CONSULTANT shall not have authority or responsibility for safety precautions and
programs incident to the Contractor's work or for any failure of the Contractor to comply with laws,
regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and
performing the work.
During construction phase, estimated to take up to 36 months, CONSULTANT shall provide the
following services:
5.1 Submittal Reviews
CONSULTANT shall review submittals from the construction contractor for conformance with the
construction contract documents. In general, the CONSULTANT shall review and return the
submittal comments to the City within fourteen (14) calendar days. For large submittals that require
more review time, the CONSULTANT may return submittal comments to the City with twenty-one
(21) calendar days.
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200 submittals, including resubmittals, are anticipated to be reviewed by the CONSULTANT.
5.2 RFI Responses
CONSULTANT will prepare written responses to Requests for Information (RFIs) submitted by the
contractor. The CONSULTANT shall review, comment, and return the RFI responses within seven
(7) calendar days.
150 RFIs are anticipated to be reviewed and responded to by the CONSULTANT.
5.3 Change Order Reviews
CONSULTANT will review and validate the Contract Change Order requests submitted by the
contractor for accuracy and correctness, as requested by the City.
6 change order reviews are anticipated to be reviewed by the CONSULTANT.
5.4 Start-Up Assistance
The CONSULTANT shall provide technical support during testing, start-up and commissioning of the
AWPS. The CONSULTANT shall assist the City in monitoring, documenting, and/or validating any
testing required by permitting agencies. CONSULTANT shall indicate the total number hours for
technical field services during testing and start -up.
5.5 As-Built Review / Record Drawings
CONSULTANT shall review once a month as-built or marked-up drawings and documents maintained
by the contractor during construction. Upon construction completion, the CONSULTANT shall
prepare consolidated record drawings and submit them to the City. The rec ord drawings shall
consist of annotated contract drawings and electronic files showing changes in design and
construction. CONSULTANT shall provide two (2) hard copies (one full size and one half-size), one (1)
electronic copy in PDF format, and one (1) electronic copy in AutoCAD 3D format to the City.
5.6 AWPS O&M Manual
CONSULTANT shall prepare the Operations and Maintenance (O&M) Manual and Standard
Operating Procedures (SOPs) Manual to reflect the changes to the normal and abnormal modes of
operations, equipment and process descriptions, process control descriptions, et c. CONSULTANT
shall provide one (1) hard copy and one (1) electronic copy in PDF and Microsoft Word formats to
the City.
O&M and SOP Manuals will be combined into one document with the following chapters:
• MF Feed Pumps
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• Strainers
• MF System
• MF CIP
• RO Booster Pumps
• RO System
• RO CIP
• Decarbonation System
• Miscellaneous Chemical Feed Systems
• Blending System
5.7 NPP Odor Control System O&M Manual
CONSULTANT shall prepare the Operations and Maintenance (O&M) and Standard Operating
Procedure (SOP) Manual for the new Odor Control System to reflect the changes to the normal and
abnormal modes of operations, equipment and process descriptions, process c ontrol descriptions,
etc. CONSULTANT shall provide one (1) hard copy and one (1) electronic copy in PDF and Microsoft
Word formats to the City.
Task 5 - General Assumptions
• For the purposes of the scope and fee for Engineering Services during Construction (ESDC’s),
the information included in the various subtasks are assumed based on the preliminary design
drawings and specifications list.
• The level of effort for Task 5 services is as-needed, dependent on number of Requests for
Clarification (RFCs) from prospective bidders, number and quality of construction related
submittals from the CONTRACTOR requiring CONSULANT’s review, and City’s needs for start-
up assistance.
Task 6 – Engineering Services During Solicitation and Construction of the NPP Odor Control
Replacement
This task is now to be combined with Task 5.
Task 7 – Project Management
7.1 Project Controls
CONSULTANT shall provide all necessary administration, project controls, quality assurance and
professional oversight of the project to ensure that the project remains on schedule, within budget,
ensures continuity of information, and satisfies the require ments of the CONTRACT.
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CONSULTANT shall prepare and distribute a Project Management Plan to include schedule, budget,
roles, contracts and procedures.
CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers
processing CONSULTANT invoices that cover one calendar month. Monthly invoice packages are to
include a progress report documenting progress. The report shall include the progress by each task,
the budget status (authorized amount, current billing, billed to date, previously billed, amount
remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule
impacts. CONSULTANT shall identify and mitigate potential budget overruns. If State Revolving Fund
(SRF) funding is used, progress reports shall include a summary of SRF eligible costs per month.
CONSULTANT shall prepare, maintain and update project schedule for City’s review and comments,
at least on a monthly basis. CONSULTANT shall perform the following on an ongoing basis:
• Conduct team meetings within the consulting firm to review progress, coordinate
evaluations and identify information needs
• Disseminate information to the design team
• Prepare design submittals
• Manage the project budget
• Manage the project schedule
• Manage sub-consultants
• Manage QA / QC team
7.2 Project Meetings
CONSULTANT shall hold a meeting at the initiation of the Project (Kick-Off Meeting), with the City
Project Manager and Agency Partners to discuss overall project coordination, data collection, and
project schedule. CONSULTANT shall provide meeting attendees with an agenda seven (7) calendar
days in advance of the date of the meeting. CONSULTANT shall provide meeting attendees with
summary minutes and electronic copies of any supplemental materials used during the Kick-Off
Meeting no later than fourteen (14) calendar days from the date of the meeting.
CONSULTANT shall conduct design review meetings at the 30%, 60%, and 90% design points as
noted under Tasks 2 and 3 Deliverables. CONSULTANT will provide an agenda three (3) calendar
days in advance of the date of the meeting. CONSULTANT will compile and d istribute informal
meeting minutes following Project Progress Meetings no later than seven (7) calendar days from the
date of the meeting.
CONSULTANT shall conduct remote (via phone or web conference services) Project Progress
Meetings with City once a month. The frequency of Project Progress Meetings can be decreased
subject to City approval. CONSULTANT will provide an agenda three (3) calendar days in advance of
the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes
following Project Progress Meetings no later than seven (7) calendar days from the date of the
meeting.
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CONSULTANT shall attend in-person Construction Progress Meetings with City once a month.
CONSULTANT will compile and distribute informal meeting minutes following Construction Progress
Meetings no later than seven (7) calendar days from the date of the meeting.
Task 7 - General Assumptions
• Monthly construction meetings will have one member from the CONSULTANT virtually or in
person. All other attendees will be via conference call.
• All other meetings listed in this task will have one member from the CONSULTANT virtually
or in person. All other attendees will be via conference call.
V. TIME OF COMPLETION
The project is budgeted for an estimated start date in Q1 2021, with a design duration timeli ne of
50 months followed by the Construction phase Engineering Services during Construction (ESDC).
The construction funding source may be a CA SRF Loan. The SRF Loan process could potentially delay
the start of the construction contract. Depending upon the funding sources, the construction of the
project could be delayed or temporarily halted, affecting the engineering services during
construction timetable.
END OF SCOPE OF SERVICES
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of
days/weeks specified below. The time to complete each milestone may be increased or decreased
by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work
is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of
work consistent with the schedule below within 2 weeks of receipt of the notice to proceed.
Milestones Completion No.
of Weeks
From NTP
1. Kickoff Meeting
01
2. 100% design of Odor Control System (Task 2)
32
3. 60% design of Phase 1 AWPS (1.125 MGD) (Task 1)
43
4. 100% design of Phase 1 AWPS (1.125 MGD) (Task 1)
186
5. Services during Bidding of Odor Control System (Task 6)
209
6. Services during Bidding of Phase 1 AWPS (Task 5) 209
7. Services during Construction of Odor Control System
(Task 6)
407
8. Services during Construction of Phase 1 AWPS (Task 5)
407
The Parties acknowledge that this Agreement is being entered into in the context of a pandemic
(known as the COVID-19 pandemic), which has the potential to cause disruptions and delays to the
work beyond the Parties’ reasonable control. The Parties agree that an actual delay directly required
by compliance with COVID-19 governmental orders or regulations, and not due to fault or negligence
of the CONSULTANT, may be considered an excusable delay (as below) in accordance with this
section. CONSULTANT may be entitled to an equitable adjustment in schedule in the event such
COVID-19-related delays occur, but only to the extent reasonably required based upon the
circumstances, as agreed in writing by the CITY’s Project Manager.
A COVID-19-related excusable delay will not be a default or a ground for termination for cause of the
Agreement, provided that the CONSULTANT provides the CITY with prompt and detailed notice of
the COVID-19-related delay as soon as is reasonably feasible under the circumstances and uses
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reasonable efforts to overcome the effects of such delay as promptly as reasonably feasible under
the circumstances. Notwithstanding the above provisions of this Section, in the event of a period of
nonperformance by CONSULTANT lasting more than thirty (30) days due to a COVID-19-related delay,
CITY may elect to terminate this Agreement pursuant to Section 19 (Termination) herein.
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 3
(AMENDED, REPLACED PREVIOUS)
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule
attached as exhibit C-1 up to the not to exceed budget amount for each task set forth
below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for
Basic Services, including reimbursable expenses, and the total compensation for Additional
Services do not exceed the amounts set forth in Section 4 of this Agreement.
BUDGET SCHEDULE NOT TO
EXCEED
AMOUNT
Task 1 – (Detailed Design of 1.125 MGD AWPS and Storage Tank) $1,748,290
Task 2 – (Detailed Design of Odor Control System for the New $116,490
Pumping Plant)
Task 3 – (Detailed Design Expansion for 2.25 MGD Production $0
and Storage)*
Task 4 – (Permitting for 1.125 MGD AWPS) $294,229
Task 5 – (Engineering Services during Solicitation and Construction of
the 1.125 MGD AWPS)
$1,353,201
Task 6 – (Engineering Services during Solicitation and Construction of
the NPP Odor Control Replacement) (now combined with Task 5)
$0
Task 7 – (Project Management) $256,980
Total Basic Services $3,769,190
Additional Services (Not to Exceed) $376,919
Maximum Total Compensation $4,146,109
* As of Amendment 3, Task 3 is on hold. Accordingly, no funds are allocated for this task. See note
in Exhibit A.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses. CITY
shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses
for which CONSULTANT shall be reimbursed are:
Docusign Envelope ID: 95F7AAB9-B304-4056-8493-45AA9A046B20
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A. Travel outside the San Francisco Bay area, including transportation and meals, will
be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement
of travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,000 shall be approved in
advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope
of services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expense, for such services based on the rates
set forth in Exhibit C-1.
The additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT
prior to commencement of the services. Payment for additional services is subject to
all requirements and restrictions in this Agreement
Docusign Envelope ID: 95F7AAB9-B304-4056-8493-45AA9A046B20
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EXHIBIT “C-2”
SCHEDULE OF RATES, AMENDMENT NO. 3
(ADDED)
Black & Veatch 2026 Bill Rates applicable from January through December 2026:
Classification 2026 Billing Rate
Project Coordinator $155.00
Black & Veatch 2027 Bill Rates applicable from January through December 2027:
Classification 2027 Billing Rate
Project Coordinator $160.00
Black & Veatch 2028 Bill Rates applicable from January through December 2028:
Black & Veatch Classification 2028 Billing
Rates
Client Director, Sr. Project Manager, Sr. Quality Manager (Grade 9) $364.00
Project Manager, Sr. Engineer (Grade 8) $344.00
Project Manager, Sr. Engineer (Grade 7) $322.00
Engineer/Scientist (Grade 6) $298.00
Engineer/Scientist (Grade 5), BIM Manager (Tech 8) $269.00
Engineer/Scientist (Grade 4), Sr. BIM (Tech 7) $255.00
Engineer/Scientist (Grade 3), BIM Lead (Tech 6) $228.00
Engineer/Scientist (Grade 2), BIM (Tech 5) $190.00
Engineer/Scientist (Grade 1), BIM (Tech 4) $177.00
Project Coordinator $165.00
BIM/CAD (Tech 3) $156.00
CAD (Tech 2), Administrative Assistant $144.00
CAD (Tech 1), Engineering Intern $135.00
Docusign Envelope ID: 95F7AAB9-B304-4056-8493-45AA9A046B20
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: April 13, 2026
Report #:2511-5459
TITLE
Authorize the City Manager to Execute Amendment No. 1 to Eight Professional Services
Contracts for SAP On-Call Services: Contract C26193272A with 360S2G, C26193272B with Sage
Group Technologies Inc, C26193272C with Avertra Corp, C26193272D with Amick Brown LLC,
C26193272E with 2iSolutions Inc, C26193272F with the Peloton Group, C26193272G with
Phoenix Business Inc, C26193272H with EPI-USE America, to Increase the Not-to-Exceed
Amount by $2,000,000 and Extend the Term for One Year; CEQA Status – Not a Project
RECOMMENDATION
Staff recommend that the City Council authorize the City Manager, or designee, to execute
Amendment No. 1 to on-call professional services contracts with each of the eight vendors
listed above for SAP on-call services, in an amount not-to-exceed $2,000,000. This amendment
results in a revised total contract not-to-exceed amount of $4,000,000.
BACKGROUND
On June 17, 2025, the City Council approved eight on-call SAP professional services contracts
for a one-year term from July 1, 2025, through June 30, 2026, with four optional one-year
extensions1. Year 1 is nearing completion, and the City continues to require SAP on-call support.
Table 1 below provides a sampling of the projects completed under the current contract. Staff
is now requesting approval for Year 2, from July 1, 2026, through June 30, 2027.
1 June 17, 2025 City Council Agenda Item No. 12:
https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=83497&dbid=0&repo=PaloAlto
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Table #1: Fiscal Year 2026 - SAP On-Call Projects
AMI - UTL $223,000
ERP Enhancements & Production Support $1,587,205
$1,810,205
Example Projects:
Finance: Multiple Year-end process automations and streamlining
OMB: New Position Interface, process automations for manual entries
HR: New Timesheet Fiori App, CalPERS interface
Purchasing: New Dashboards, Warehouse and Inventory Management process streamlining
Utilities: KPI Dashboards
In early 2025, the Information Technology Department (ITD) issued a Request for Proposals
(RFP) to establish a pool of qualified vendors capable of providing SAP on-call services from July
1, 2025, through June 30, 2030, as described in the City Council 2025 staff report1, reflecting
vendor specialization across the scope of work.
City continues to upgrade and expand its SAP platform including Fiori applications, business
intelligence dashboards, and utility-specific solutions. Staff has reviewed the ability to transition
this work in-house, however, varied specialized support is required for system configuration,
data integration, troubleshooting, and project delivery. Therefore, the volume of positions
needed to solicit the breadth of skills is cost prohibitive. The on-call structure allows ITD and
other departments to access skilled SAP resources on a limited-term, as-needed basis, without
adding permanent staff, while maintaining flexibility to respond to changing operational and
project priorities.
The total combined spending across all eight contracts shall not exceed $2,000,000 per year. No
vendor is guaranteed a minimum amount of work. Services will be issued through task orders
with defined scope, schedule, and price and awarded based on skillset, availability, and price.
ANALYSIS
These on-call contracts are planned to support multiple complex, multi-year SAP initiatives
underway or scheduled to begin in FY 2027. Estimated SAP consulting needs for FY27 include:
$1.12 million for ongoing production support (Payroll/HR, CRM, Utilities, Finance,
Budget), driven by staff vacancies and the need to maintain operational continuity.
$1.05 million for in-progress and planned enhancements, including Fiori upgrades, year-
end closing automation, SAP integrations, and enhanced HR and utility reporting.
Several tentative pipeline projects may require SAP professional services support, such
as: SAP S/4HANA migration (Administrative Services, HR, Utilities); Fiber billing
integration; SEW Portal upgrade project (Utilities); Telecom OSS/BSS project (Utilities);
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Bill redesign project (Utilities); OMS upgrade project (Utilities). Special projects will be
charged to the appropriate funding source such as enterprise funds.
Overall, under these on-call contracts, consultants may provide various services to support the
City’s enterprise resource planning (ERP) system.
Scope of services may include: upgrading and configuring the City’s SAP software;
improve/streamline user interfaces (e.g., Fiori applications); supporting payroll, timekeeping,
benefits, and HR processes; develop dashboards and reports for management, regulatory, and
operational needs; troubleshooting technical issues and availability of critical systems; and
system integration with other platforms.
Services under these on-call contracts are assigned via task orders:
Contractors will be selected based on availability, relevant SAP expertise, and alignment
with project requirements.
Staff will evaluate each task order’s scope, contractor qualifications, and billing rates to
ensure appropriateness and cost-effectiveness.
Department directors or their designees will approve all task orders, including
contractor selection and budget adherence.
City Manager or designee will approve any task order over $100,000.
Project managers will oversee deliverables and budgets and will approve invoices only
after confirming that billed hours match work performed and that deliverables meet
City standards.
Before issuing a task order, staff will assess whether the work can be performed internally or
requires specialized consultant support. Task orders will include documentation and knowledge
transfer requirements to ensure the City retains institutional knowledge.
These on-call contracts use the City’s standard professional services template, which allows the
City to terminate for convenience with written notice; Terminate due to non-appropriation of
funds; temporarily suspend work by written notice; and elect not to issue additional task orders
FISCAL/RESOURCE IMPACT
Funding for these on-call contracts in Fiscal Year 2027 are within proposed budgeted levels
adopted by the City Council; no additional funding is requested. The not-to-exceed amount is
higher than the budgeted amount to allow for other departments to be able to utilize these on-
call contracts with their contract services or capital budgets.
Funding for subsequent years of the contract will be subject to approval through the annual
budget development process. ITD is funded by the Technology Fund, an internal service fund.
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Approximately 49% of the department is General Fund funded with the remaining 51% funded
by enterprise and special revenue funds.
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
360S2G SAP On-Call Contract No. C26193272A3
Sage Group Technologies SAP On-Call Contract No. C26193272B4
Avertra SAP On-Call Contract No. C26193272C5
Amick Brown SAP On-Call Contract No. C26193272D6
2iSolutions SAP On-Call Contract No. C26193272E7
Peloton Group SAP On-Call Contract No. C26193272F8
Phoenix Business SAP On-Call Contract No. C26193272G9
EPI-USE America SAP On-Call Contract No. C26193272H10
APPROVED BY:
3 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272a.pdf
4 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272b.pdf
5 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272c.pdf
6 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272d.pdf
7 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272e.pdf
8 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272f.pdf
9 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272g.pdf
10 https://www.paloalto.gov/files/assets/public/v/1/it-department/cmr-attachments/sap-on-
call/2026/c26193272h.pdf
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: April 13, 2026
Report #:2603-6188
TITLE
Appointment of 2026 Emergency Standby Council
RECOMMENDATION
City Council approve the selection of the following former Councilmember to serve as a
member of the 2026 Emergency Standby Council:
Hillary Freeman
EXECUTIVE SUMMARY
At the March 9, 2026 meeting, the City Council approved a slate of seven former
Councilmembers, including Tom DuBois. Subsequent to Council approval, Mr. DuBois notified
the City that he is no longer a resident of the City of Palo Alto and is therefore no longer eligible
to serve on the Emergency Standby Council per the residency requirement.
Mayor Veenker has identified Hillary Freeman, a former Councilmember, who has confirmed
her interest, availability, and eligibility to serve, including meeting the residency requirement
and will be required to file any conflicts of interest. This approval is for her appointment to fill
the vacancy to complete the seven-member emergency standby council:
Alison Cormack
Peter Drekmeier
Eric Filseth
Hillary Freeman*
Karen Holman
Liz Kniss
Greg Scharff
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BACKGROUND
FISCAL/RESOURCE IMPACT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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CITY COUNCIL
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: April 13, 2026
Report #: 2603-6071
TITLE
PUBLIC HEARING / QUASI-JUDICIAL. 3606 El Camino Real [24PLN-00162 & 25PLN-00243]:
Request for Approval of Applications for Major Architectural Review and Vesting Tentative Map
to Merge Seven Existing Parcels to Create a 113,907-Square-Foot Parcel and to Construct a
Seven-Story, Multi-Family Residential Housing Development Project with 321 Units, Thirteen
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 Pursuant to Assembly Bill 130 (Public Resources Code Section 21080.66).
RECOMMENDATION
Staff recommends that City Council:
1. Consider the project exempt from California Environmental Quality Act (CEQA) in
accordance with Assembly Bill (AB) 130 (Public Resources Code Section 21080.66); and
2. Approve the Major Architectural Review and Vesting Tentative Map applications based
on findings and subject to conditions of approval in the Draft Record of Land Use Action
(RLUA) in Attachment B.
EXECUTIVE SUMMARY
The proposed residential project includes 321 rental units, thirteen percent of which would be
provided at a rate affordable to low-income households or below, with two levels of above
ground parking.1 The project includes demolition of 38 residential units as well as
approximately 12,572 square feet of commercial floor area across seven existing parcels
located at 3508, 3516, 3606, and 3626-3632 El Camino Real, and unaddressed parcel on
Matadero Avenue, as well as 524-528 and 530 Kendall Avenue. These parcels are proposed to
1 Inclusionary percentage is based on the pre-density bonus count of 284 units.
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be merged under a vesting tentative map to create a single parcel for the proposed
development.
BACKGROUND
Planning and Transportation Commission
On February 11, 2026, the PTC considered the Vesting Tentative Map and recommended denial
(3-2-1), with Chair Akin and Commissioner Hechtman dissenting, and Commissioner Peterson
abstaining. The Subdivision Map Act sets forth a series of reverse findings and requires denial if
any one finding can be made in the affirmative. The recommendation for denial was based on
the conclusion that Finding #6, which states: “..the design of the subdivision or type of
improvements is likely to cause serious public health problems” could be made in the
affirmative and therefore recommended denial. The PTC expressed that insufficient
information had been provided to show that the project would not cause a public safety
concerns for bicyclists and pedestrians along safe routes to school.
Project and cumulative traffic safety analysis;
Providing sidewalk easements;
Relocating ingress/egress to improve pedestrian and bicycle safety and reduce
congestion near El Camino Real intersections; and
Incorporating portions of the site for a bike path.
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Specifically, the PTC was concerned that a traffic analysis had not yet been conducted for
the site and that cumulative impacts from proposed projects within the vicinity, particularly
a proposed project at 3400 El Camino Real, across Matadero Avenue, had not been
evaluated. The PTC encouraged relocating the vehicular access to the site from side streets
to avoid congestion on Matadero and Kendall Avenue, particularly on Matadero Avenue as
a safe-routes to school route. Multi-modal access, particularly in response to feedback from
public comment and the PTC is discussed further below in the analysis.
Architectural Review Board
On December 4, 2025, the ARB held an early hearing to provide feedback on the proposed
project design as summarized with the following key comments:
Building Massing/Façade Articulation: Board members encouraged additional
articulation, step-backs, and architectural detailing to reduce perceived bulk and
enhance visual interest.
Height Transitions: Board members encouraged stepping down the building, particularly
at the rear, to better transition to adjacent lower-scale development and reduce
impacts on neighboring properties.
Open Spaces and Amenity Design: Board members encouraged improvements in
usability and overall quality.
The applicant addressed most ARB comments and submitted a visual design updates document
outlining how the design responds to the feedback (Attachment F).
Project Description
The proposed project includes 321 residential rental units, thirteen percent of which would be
provided at a rate affordable to low-income households or below. This percentage is based on
the total number of units allowed prior to the application of state density bonus (284 units),
resulting in a total of 37 new affordable units. The building would include two levels of above-
grade parking, ground floor residential amenities, and a rooftop terrace facing El Camino Real.
The project includes demolition of the existing uses, including 38 residential rental units, none
of which are currently deed restricted, and approximately 12,572 square feet of commercial
floor area across seven existing parcels located at 3508, 3516, 3626-3632 El Camino Real, and
524, 528, 530 Kendall Avenue. These seven parcels would be merged under the tentative map
application to create a single 113,907-Square-Foot resulting parcel for the proposed
development (25PLN-00243). Attachment A includes a location map. Attachment F includes a
summary from the applicant asserting their legal rights and Attachment G includes the project
plans.
The applicant submitted a SB 330 pre-application on February 15, 2024 (24PLN-00047).
Therefore, the project analysis is based on the applicable standards at the time the compliant
SB 330 pre-application was submitted. The project is also being proposed in accordance with
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California Government Code Section 65589.5(d)(5) (also known as Builder’s Remedy) and
qualifies for additional protections as a “Builder’s Remedy 2.0 project,” under AB 1893. The
applicant’s project description is provided in Attachment F and includes a list of waivers
requested in accordance with State Density Bonus Law. As detailed further in this report, if the
project is designed to comply with all relevant objective standards, after application of density
bonus incentives, concessions, and waivers, the City cannot impose conditions that would
preclude construction of the project as proposed.
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 Board’s
recommendation. Action by the Director is appealable to the City Council if filed within
14 days of the decision. 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 an AR application are provided in Attachment B.
Vesting Tentative Map: The process for evaluating this type of application is set forth in
Title 21 of the PAMC and California Government Code 66474. The process for approval
of a Vesting Tentative Map for a condominium subdivision is outlined in PAMC Sections
21.12.010 and 21.13.020. Vesting Tentative Maps require PTC review. The PTC reviews
whether the amended subdivision is consistent with the Subdivision Map Act (in
particular, Government Code 66474, Title 21 of the PAMC, the Palo Alto Comprehensive
Plan, and other applicable provisions of the PAMC and State law. The PTC’s
recommendation is forwarded to the City Council for final approval. Findings for Council
to approve the Vesting Tentative Map are provided in Attachment B.
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: that the project would have a specific, adverse impact upon
the public health or safety that cannot be mitigated. “Specific, adverse impact” means
“a significant, quantifiable, direct, and unavoidable impact, based on objective,
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identified, written public health or safety standards, policies, or conditions as they
existed” at the time of the preliminary application.
Because the project is a “Builder’s Remedy 2.0 project,” under 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 2.0 project,” under 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 consistent or otherwise
deviates in a manner permissible under State law.
Consistency with the Comprehensive Plan, Area Plans, and Guidelines
The project site includes seven parcels with varying Comprehensive Plan land use designations,
including Service Commercial, Neighborhood Commercial, and Multiple-Family Residential
designations 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 Service Commercial and Neighborhood Commercial land use
designations. 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.
Other portions of the project site are designated multiple-family, where the permitted number
of housing units varies by area, depending on existing land use, proximity to major streets and
public transit, distance to shopping and environmental problems. Net densities range from 8 to
90 persons per acre (8 to 40 units). Density should be on the lower end of the scale next to
single-family residential areas. However, densities higher than what is permitted may be
allowed where measurable community benefits will be derived, services and facilities are
available, and the net effect will be consistent with the Comprehensive Plan.
While the density on the site exceeds the stated maximum of 40 units per acre set forth under
the land use designation, the proposed density is allowed pursuant to California Government
Code section 65589.5(h)(11)(C) as detailed further in Attachment D. Under these provisions the
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base density allowed for the site as a whole is 108 dwelling units per acre (du/ac), which is
approximately 284 units for this site, plus a 24.5% bonus (70 units) based on the number and
income level of the below market rate units provided, resulting in a total of 335 units allowed
(density of approximately 136 du/ac). The project is providing a total of 321 units, which is
within the allowed density in accordance with the Builder’s Remedy provisions set forth in AB
1893.
Housing Element Consistency
Four of the seven parcels on which the proposed project would be located are identified as
housing inventory sites as detailed in the following table:
Address Capacity Income Levels
(Above Moderate Income)
(Above Moderate Income)
(Very Low Income); 6 Units (Low Income);
3 Units (Above Moderate Income)
(Moderate Income)
Total Capacity 37 Units 6 Units (Very Low Income); 6 Units (Low Income); 8 Units
(Moderate Income); 17 Units (Above Moderate Income)
El Camino Real Design Guidelines Consistency
The project is also subject to the El Camino Design Guidelines and South El Camino Design
Guidelines to the extent that these guidelines include objective standards. 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 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, limiting building colors to no more than three
primary colors, and defining corner elements. As proposed, the project 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 PAMC Chapter 18.24.
Although the project does not include a ground floor commercial use and, accordingly, does not
provide ground floor glazing/transparency, ground floor commercial uses are not required for
Housing Inventory Sites as noted in PAMC Section 18.14.020(b)(i).
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these lots, including portions zoned CN, CS, RM-30, and RM-40. However, the site is located
within the El Camino Real Focus Area. The El Camino Real Focus Area modifies and replaces
some of the development standards provided in base zone districts and applicable combining
district regulations for housing development projects. In some instances, the El Camino Real
Focus Area standards refer to the governing base district regulations. Therefore, Attachment C
includes a summary of the project’s consistency with the El Camino Real Focus Area standards
as it would apply to each zone district on the site. Additionally, Attachment D includes a
summary of the project’s consistency with the objective design standards set forth in PAMC
Chapter 18.24.
Multi-Modal Access
Valley Transportation Authority (VTA) bus line 22 operates along El Camino Real, with a bus
stop located near the far northern corner of the project site. The project is located
approximately 1.2 miles from the California Avenue Caltrain Station and fronts El Camino Real.
California Department of Transportation recently installed Class III and Class IV bicycle facilities
along El Camino Real adjacent to the project frontage, further enhancing multimodal access for
cyclists.
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Members of the public also expressed concern with respect to bicycle and pedestrian safety
associated with the location of the garage entrances, particularly due to concern that the
garage entrance on Matadero Avenue conflicts with the Safe Routes to School Route for Barron
Park Elementary School. However, the project includes widening of the right-of-way along
Matadero Avenue and Kendall Avenue to create a new sidewalk where no sidewalks currently
exist, improving pedestrian safety on both of these collector streets, though it may be noted
that this safety enhancement is somewhat out of character for the Barron Park neighborhood,
which generally does not include sidewalks. Additionally, although this project would result in
more cars entering and exiting the site on Matadero Avenue (in comparison to existing
conditions) the overall risk of conflict is less with the proposed design than it would be for a
design with curb cut(s) along El Camino Real, due to the lower volume of cars and lower speeds
on Matadero Avenue.
3, particularly to assess site specific
circulation as a result of the project. Although the applicant expressed that this report was
being prepared, it was not possible to complete the report within the strict timelines required
by AB 130 and the City cannot delay the decision on the project because one has not yet been
provided. Therefore, a condition of approval has been added to require the preparation of this
report and that recommended measures identified in the report to address safety be
implemented and reflected in the plans submitted for building permit.
Parking and Loading
3 June 15, 2020, City Council Resolution 9894 (Palo Alto Local Transportation Impact Analysis Policy):
https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=61625&dbid=0&repo=PaloAlto
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School Route; 2) a loading space is already provided within the parking garage adjacent to the
lobby; 3) additional loading spaces are not required; and 4) the applicant does not have rights
to the City’s right-of-way, a condition of approval has been added requiring that the proposed
loading zone on Matadero Avenue be removed on the plans submitted for building permit.
FISCAL/RESOURCE IMPACT
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of the additional property tax generated. This project is also subject to Development Impact
Fees, currently estimated at $16,719,081.12, plus the applicable public art fee. These fees are
required to either be paid at building permit issuance or, with the recordation of a lien on the
property, may deferred until occupancy.
STAKEHOLDER ENGAGEMENT
Driveway location and site access design, including potential conflicts with bicyclists and
pedestrians along Matadero Avenue.
Public safety risks during catastrophic events, including earthquakes and fires.
Potential impacts to safe routes to school.
The public benefit of delivering approximately 300 new rental housing units.
ENVIRONMENTAL REVIEW
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ATTACHMENTS
APPROVED BY:
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DRAFT ACTION NO. 2026-__
On _________, 2026, the City Council of the City of Palo Alto (“City Council”) approved a
Major Architectural Review application and Vesting Tentative Map for development of 321
residential rental units (“the project”). In approving the application, Council makes the
following findings, determinations, and declarations:
SECTION 1. Background.
A. On February 15, 2024, Camino Real Development LLC & Kendall Investors,
LLC 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 June 10, 2024, Camino Real Development LLC & Kendall Investors filed an
Architectural Review application (24PLN-00162) for construction of a 321 rental unit residential
project. In addition, Camino Real Development LLC & Kendall Investors filed an application for a
Vesting Tentative Map (25PLN-00243) on September 9, 2025, to merge seven existing lots to
create a single resulting 113,907-square-foot parcel (2.62 acres). The project includes 284 base
units and 37 density bonus units, for a total of 321 units, as well as 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: Build-to-lines (90% of frontage built to setbacks where a maximum
50% along El Camino Real is required)
Waiver 2: Upper Story Step Back (None proposed where a 10-foot step-back
above 55 feet in height is required)
Waiver 3: Lot Coverage (83% where maximum 80% is allowed)
Waiver 4: Rear setback (11 feet - 15 feet where a minimum 16 feet is required)
Waiver 5: Rear and Side Daylight Plane (None provided where 10 feet at lot
line then 45-degree angle is required)
Waiver 6: Housing typologies (More than two-acre lots are required to
provide a minimum of three housing types)
C. The project site is comprised of seven existing lots: APN No. 137-08-088,
approximately 10,838 square feet, developed with a commercial use; APN No. 137-08-016,
approximately 5,199 square feet, an undeveloped parcel; APN No. 137-08-079, approximately
10,194 square feet, developed with a commercial use; APN No. 137-08-080, approximately
28,350 square feet, an undeveloped parcel; APN No. 137-08-077, approximately 38,058 square
feet, developed with a multi-family residential use; APN No. 137-08-070, approximately 5,103
square feet, developed with a multi-family residential use; APN No. 137-08-081, approximately
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16,275 square feet, developed with a commercial and residential use. 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.
Project and cumulative traffic safety analysis;
Sidewalk easements;
Relocating ingress/egress to improve pedestrian and bicycle safety and reduce
congestion near El Camino Real intersections; and
Incorporating portions of the site for a bike path.
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SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined
the project is exempt from California Environmental Quality Act (CEQA) in accordance with AB
130 [Public Resources Code section 21080.66]. Documentation to support the streamlined
review is available as part of the public record on file with the Planning and Development
Services Division.
Section 3. Architectural Review Findings. In order to make a recommendation of approval, the
project must comply with the following Findings for Architectural Review as required in Chapter
18.76.020 of the PAMC.
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.
A summary of the project’s consistency with the Comprehensive Plan is provided in this
table. Because the project is a “builder’s remedy project,” as defined in Gov. Code
section 65589.5(h)(11), and in accordance with Gov. Code section 65589.5(f)(6)(A), the
project is required to comply only with objective, quantifiable, written development
standards, conditions, and policies that would have applied to the project had it been
proposed on a site with a general plan designation and zoning classification that allow
the density and unit type proposed by the applicant. Moreover, in accordance with Gov.
Code section 65589.5(f)(6)(D)(iii), a project that complies with such objective standards,
conditions, and policies “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.”
Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
The Comprehensive Plan land use designations
for the project site are Service Commercial
(CS), Neighborhood Commercial (CN), and
Multiple-Family Residential (MF) which
allow multifamily housing in specific locations.
The project site includes seven parcels with
varying Comprehensive Plan land use
designations, including Service Commercial,
Neighborhood Commercial, and Multiple-
Family Residential designations. Four of the
seven parcels on which the proposed project
would be located are identified as housing
inventory sites. The project adheres to the
Comprehensive Plan by providing housing on
these opportunity sites. The proposed multi-
family use is allowed within this land use
designation.
Housing Element
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Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
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 rental
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
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 321
rental units, and 13 percent of the base 284
units (excluding density bonus units) would be
provided at a rate affordable to low-income
households or below. This would add 37 low
income rental units to the City’s BMR housing
stock.
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.
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Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
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 Matadero Avenue,
the project proposes two new street trees,
alongside Kendall Avenue five new street trees,
and four new trees alongside El Camino Real,
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
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.
Parking would be screened behind the first
floor amenity spaces alongside El Camino Real
with the parking garage entrance located along
Matadero Avenue and Kendall Avenue. Further,
391 parking 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 and plantings along Matadero Avenue,
Kendall Avenue, and El Camino Real.
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 129 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.
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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
and enjoyed.
The project includes outdoor seating areas,
dining areas, and one pool.
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 a lobby facing El Camino
Real. The leasing entrance facing Matadero
Avenue and secondary entrance alongside
Kendall Avenue are 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, cast stone,
marble, brick, glass, and metal in a
composed design.
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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:
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 adjacent to El Camino Real located on Matadero Avenue
and Kendall Avenue to promote walkability and connectivity. Cars enter the garage on
Matadero Avenue and Kendall 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.
The proposed project is consistent with the findings to provide high quality materials and
finishes in a neutral color palette. The building will have residential amenity spaces on the first
floor with a majority of those spaces utilizing glazing, which helps to engage the sidewalk.
While the project at 82 feet in height exceeds surrounding development, the project complies
with the height limits within the El Camino Real Focus Area and deviates from the objective
standards in a manner consistent with state law.
3.The design is of high aesthetic quality, using high quality,
integrated materials and appropriate construction techniques, and incorporating
textures, colors, and other details that are compatible with and enhance the surrounding
area.
The project is consistent with Finding #3 because:
The project proposes a contemporary style that is recognizable along the El Camino corridor
overall and aligns with the recent residential development to the north of the project site. The
project uses materials such as stucco, cast stone, marble, brick, glass, and metal railings on the
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balconies and metal awnings. As conditioned, the stucco surfaces will be a smooth finish
texture. The proposed colors are neutral and are compatible with surrounding color schemes.
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 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.
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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:
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.
SECTION 4. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a
Subdivision 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:
There is no adopted specific plan for this project site. The site is consistent with the
Comprehensive Plan as described below.
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
project includes 321 Units, 37 of which would be provided at a rate affordable to low income.
The project improves the city’s jobs housing imbalance, consistent with the Transportation
Element’s goals and policies. Because the project is a “builder’s remedy project,” as defined in
Gov. Code section 65589.5(h)(11), and in accordance with Gov. Code section 65589.5(f)(6)(A),
the project is required to comply only with objective, quantifiable, written development
standards, conditions, and policies that would have applied to the project had it been proposed
on a site with a general plan designation and zoning classification that allow the density and
unit type proposed by the applicant. Moreover, in accordance with Gov. Code section
65589.5(f)(6)(D)(iii), a project that complies with such objective standards, conditions, and
policies “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.”
3. That the site is not physically suitable for the type of development:
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The Project site is suitable for multi-family residential development in that the majority of the
parcels are identified as Housing Inventory Sites in the Housing Element. The project is also
located within the City’s El Camino Real Focus Area, an area identified for high density housing
within the City. The proposed parcel meets the minimum code requirements for the CN, CS,
RM-30, and RM-40 zone districts with respect to lot area, width, and depth. The proposed
number of apartment units created on the resulting parcel complies with the applicable
densities set forth in the land use element and zoning code, consistent with the focus area
standards. In addition, as noted above, the project is proposed pursuant to the “builder’s
remedy” of the Housing Accountability Act (Government Code section 65589.5) and is
consistent with the standards set forth therein.
That the site is not physically suitable for the proposed density of development:
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:
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6. That the design of the subdivision or type of improvements is likely to cause serious
public health problems:
The record indicates that insufficient information has been provided to fully demonstrate that
the project would not create safety risks for bicyclists and pedestrians, including along safe
routes to school. Specifically, a traffic analysis has not yet been conducted for the site.
Cumulative impacts from proposed projects in the vicinity, including the project at 3400 El
Camino Real across Matadero Avenue, have not been evaluated.
Notwithstanding this inconsistency, the deviation is permitted under applicable State law,
which limits the City’s ability to deny based on such impacts. The proposed multi-family use
would not include use or storage of hazardous materials and the use is located within the urban
environment adjacent to other commercial uses. The site is not located on a hazardous waste
site pursuant to government code 65962.5. However, a portion of the site was previously a
gasoline service station that had its underground storage tanks removed and issued a Fuel Leak
Site Case Closure letter on July 23, 1997. Additional cleanup of the site for residential uses per
standard requirements will be included in the conditions of approval for the proposed
improvements.
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
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 easements for access through, or use of, the
property. New public utility easements will be provided to existing and proposed electrical
utilities as part of this subdivision map as required in accordance with City of Palo Alto Utilities
standards. New public access easements will be provided to provide the 12-foot effective
sidewalk width along El Camino Real, consistent with project plans and City requirements.
SECTION 5. 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 8 of this Record of Land Use Action.
SECTION 6. 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 Kier+Wright
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titled “VESTING TENTATIVE MAP” consisting of eleven pages, dated and submitted February 3,
2026, except as modified to incorporate the conditions of approval in Section 8. 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]).
Planning
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5. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for
review and approval prior to construction. If during the Building Permit review and
construction phase, the project is modified by the applicant, it is the responsibility of the
applicant to contact the Planning Division/project planner directly to obtain approval of the
project modification.
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longer reliant on the nest). A report documenting any data recovered during monitoring
shall be prepared by a qualified biologist and submitted to the Director of Planning prior to
final planning inspection.
9. CULTURAL SENSITIVITY TRAINING. Prior to issuance of any grading permit, the project
applicant shall be required to submit evidence that a Cultural Awareness Training program
has been provided to construction personnel. The training shall be facilitated by a qualified
archaeologist in collaboration with a Native American representative registered with the
Native American Heritage Commission for the City of Palo Alto and that is traditionally and
culturally affiliated with the geographic area as described in Public Resources Code Section
21080.3.
10. SUB-SURFACE MONITORING. Prior to issuance of any tree removal, grading, demolition,
and/or building permits or activities, the applicant shall notify the Director of Planning, of
grading and construction dates and activities that require a qualified archeologist and
Native American monitor to be present on the project site. The City shall then notify the
tribe via e-mail correspondence 10 days prior to any grading or construction activities. If the
tribe chooses not to send a monitor or does not respond within the 10 days, work shall
continue without the monitor.
11. ARCHEOLOGICAL AND CULTURAL MONITORING. A qualified archaeologist and a Native
American monitor, registered with the Native American Heritage Commission for the City of
Palo Alto and that is traditionally and culturally affiliated with the geographic area as
described in Public Resources Code Section 21080.3, shall be present during earthmoving
activities including, trenching, initial or full grading, scraping or blading, lifting of
foundation, boring, drilling, or major landscaping. The qualified archaeologist and Native
American monitor shall have the authority to halt construction activities within 50 feet of a
discovery in the event any cultural materials are encountered during ground-disturbing
construction activities. The qualified archeologist and Native American monitor shall keep a
daily monitoring log on days that monitoring occurs documenting construction activities
that were monitored, location of the monitoring, and any cultural materials identified.
These daily monitoring logs shall be made available to the City upon request.
12. ARCHEOLOGICAL AND CULTURAL TREATMENT PLAN. In the event any significant cultural
materials are encountered during construction, construction within a radius of 50 feet of
the find would be halted, the Director of Planning shall be notified, and the on-site qualified
archaeologist, in collaboration with the Native American Monitor, shall examine the find
and make appropriate recommendations regarding the significance of the find and the
appropriate treatment of the resource.
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The qualified archeologist in collaboration with a Native American monitor, registered with
the Native American Heritage Commission for the City of Palo Alto and that is traditionally
and culturally affiliated with the geographic area as described in Public Resources Code
Section 21080.3, shall prepare and implement a treatment plan that reflects permit-level
detail pertaining to depths and locations of excavation activities. The treatment plan shall
contain, at a minimum:
a. Identification of the scope of work and range of subsurface effects (including
location map and development plan), including requirements for preliminary
field investigations.
b. Description of the environmental setting (past and present) and the
historic/prehistoric background of the parcel (potential range of what might be
found).
c. Monitoring schedules and individuals.
d. Development of research questions and goals to be addressed by the
investigation (what is significant vs. what is redundant information).
e. Detailed field strategy to record, recover, or avoid the finds and address research
goals.
f. Analytical methods.
g. Report structure and outline of document contents.
h. Disposition of the artifacts.
i. Security approaches or protocols for finds.
j. Appendices: all site records, correspondence, and consultation with Native
Americans, etc.
The treatment plan shall utilize data recovery methods to reduce impacts on subsurface
resources. The treatment plan must be reviewed and approved by the Director of Planning,
or the Director’s designee prior to implementation of the plan.
13. ARCHEOLOGICAL AND CULTURAL EVALUATION. The project applicant shall notify the
Director of Planning, Native American Monitor, and Archeological Monitor, of any finds
during grading or other construction activities. Any historic or prehistoric material identified
in the project area during excavation activities shall be evaluated for eligibility for listing in
the California Register of Historic Resources as determined by the California Office of
Historic Preservation. Data recovery methods may include, but are not limited to, backhoe
trenching, shovel test, hand augering, and hand-excavation. The techniques used for data
recovery shall follow the protocols identified in the approved treatment plan. Data recovery
shall include excavation and exposure of features, field documentation, and recordation. All
documentation and recordation shall be submitted to the Northwest Information Center,
and the Director of Planning.
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14. UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL AND TRIBAL CULTURAL
RESOURCES. If human remains are found, the State of California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the County Coroner has
made a determination of origin and disposition pursuant to Public Resources Code Section
5097.98. In the event of an unanticipated discovery of human remains, the County Coroner
must be notified immediately. If the human remains are determined to be of Native
American origin, the Coroner will notify the Native American Heritage Commission, which
will determine and notify a most likely descendant (MLD). The MLD has 48 hours from being
granted site access to make recommendations for the disposition of the remains. If the MLD
does not make recommendations within 48 hours, the landowner shall reinter the remains
in an area of the property secure from subsequent disturbance.
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16. NOISE MITIGATION IN CONFORMANCE WITH COMPREHNSIVE PLAN POLICY N6.11.1 AND
MITIGATION MEASURE NOISE-8 IN THE COMPREHENSIVE PLAN EIR. Noise control measures
would include, but not be limited to, the following BMPs that would further decrease the
project’s noise impacts during construction:
The contractor shall use “new technology” power construction equipment with
state-of-the art noise shielding and muffling devices. All internal combustion engines
used on the project site shall be equipped with adequate mufflers and shall be in
good mechanical condition to minimize noise created by faulty or poorly maintained
engines or other components.
The unnecessary idling of internal combustion engines shall be prohibited.
Staging areas and stationary noise-generating equipment shall be located as far as
possible from noise-sensitive receptors such as residential uses (a minimum of 200
feet)
The surrounding neighborhood shall be notified early and frequently of the
construction activities.
A “noise disturbance coordinator” shall be designated to respond to any local
complaints about construction noise. The disturbance coordinator would determine
the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.)
and institute reasonable measures warranted to correct the problem. A telephone
number for the disturbance coordinator would be conspicuously posted at the
construction site.
Utilize ‘quiet’ models of air compressors and other stationary noise sources where
technology exists.
Equip all internal combustion engine-driven equipment with mufflers, which are in
good condition and appropriate for the equipment.
Construct temporary noise barriers, where feasible, to screen stationary noise-
generating equipment when located within 200 feet of adjoining sensitive land uses.
Temporary noise barrier fences would provide a 5dBA noise reduction if the noise
barrier interrupts the line of- sight between the noise source and receptor and if the
barrier is constructed in a manner that eliminates any cracks or gaps.
If stationary noise-generating equipment must be located near receptors, adequate
muffling (with enclosures where feasible and appropriate) shall be used. Any
enclosure openings or venting shall face away from sensitive receptors.
Ensure that generators, compressors, and pumps are housed in acoustical
enclosures.
Locate cranes as far from adjoining noise-sensitive receptors as possible.
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During final grading, substitute graders for bulldozers, where feasible. Wheeled
heavy equipment are quieter than track equipment and should be used where
feasible.
Substitute nail guns for manual hammering, where feasible.
Substitute electrically powered tools for noisier pneumatic tools, where feasible.
Prior to building permit issuance the contractor shall prepare a detailed construction
plan identifying the schedule for major noise-generating construction activities. The
construction plan shall identify a procedure for coordination with adjacent
residential land uses so that construction activities can be scheduled to minimize
noise disturbance.
17. NOISE MITIGATION IN CONFORMANCE WITH COMPREHNSIVE POLICY N6.11.1 AND
MITIGATION MEASURE NOISE-5a IN THE COMPREHENSIVE PLAN EIR. The project proponent
shall implement a construction vibration monitoring plan to document conditions prior to,
during, and after vibration generating construction activities for the adjacent residential
uses. All plan tasks shall be undertaken under the direction of a licensed Professional
Structural Engineer in the State of California and be in accordance with industry-accepted
standard methods. The construction vibration monitoring plan shall be submitted to the
City prior to issuance of a Grading or Building Permit and shall include, but not be limited to,
the following measures:
The report shall include a description of measurement methods, equipment used,
calibration certificates, and graphics as required to clearly identify vibration-
monitoring locations.
A list of all heavy construction equipment to be used for this project and the
anticipated time duration of using the equipment that is known to produce high
vibration levels (clam shovel drops, vibratory rollers, hoe rams, large bulldozers,
caisson drillings, loaded trucks, jackhammers, etc.) shall be submitted to the Director
of Planning and Development Services or Director’s designee of the Department of
Planning & Development by the contractor. This list shall be used to identify
equipment and activities that could exceed the 0.3 PPV threshold at the adjacent
residential uses based on the planned equipment, location, and duration of use.
Where project construction activities may be anticipated to exceed the threshold,
the applicant shall provide a plan to show how levels would be reduced by phasing
activities that are known to cause excessive vibration, utilizing alternative
equipment, and/or reducing the time period that the equipment is being used.
Where possible, use of the heavy vibration-generating construction equipment shall
be prohibited within 20 feet of the adjacent residential uses.
o Smaller equipment (less than 18,000 pounds) must be used near the
property lines adjacent to the existing residential uses 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
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compacting materials within 20 feet of the adjacent residential buildings. The smaller
equipment intended to implement this requirement shall be individually identified
among the list of equipment required under the above condition as the subset of
equipment allowed for use at the property lines.
o Avoid using vibratory rollers and clam shovel drops within 20 feet of the
adjacent residential uses.
o Select demolition methods that do not involve large impact tools such as
hoe-rams within 20 feet of the eastern property line. Portable jackhammers,
saws, or grinders shall be used to minimize impacts to the ground.
o 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 residential uses.
• Develop a vibration monitoring and construction contingency plan to identify
structures where monitoring would be conducted, set up a vibration monitoring
schedule, define structure-specific vibration limits, and address the need to conduct
photo, elevation, and crack surveys to document before and after construction
conditions. Construction contingencies shall be identified for when vibration levels
approach the limits of 0.3 in/sec PPV at the adjacent residential buildings.
• At a minimum, vibration monitoring shall be conducted during demolition and
excavation activities.
• Designate a person responsible for registering and investigating claims of excessive
vibration. The contact information of such person shall be clearly posted on the
construction site.
Conduct a post-construction survey on structures where either monitoring has
indicated high vibration levels or complaints of damage has been made. Make
appropriate repairs or compensation where damage has occurred as a result of
construction activities.
18. 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. In addition, all
rooftop gardens/decks shall comply with the provisions of PAMC 18.42.230.
19. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. 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. At building permit, provide the proposed HVAC
specifications. If the proposed decibel level of the HVAC exceeds the decibel level of the
HVAC evaluated in the CEQA analysis, a noise analysis of the proposed equipment’s
consistency with the municipal code shall be required.
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20.NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis projected noise levels
at or within 5 dB less than the Noise Ordinance limits, the applicant shall demonstrate the
installed equipment complies with the anticipated noise levels and the Noise Ordinance
prior to final Planning inspection approval.
$17,698,233.70 shall be paid in accordance with PAMC Chapter 16.64. The final
Development Impact Fees shall be calculated before they are due, and payment may be
deferred to the date the development is approved for occupancy as set forth in PAMC
Section 16.64.030 and as permitted by SB 937.
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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.
27. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold
harmless the City, its City Council, its officers, employees and agents (the “indemnified
parties”) from and against any claim, action, or proceeding brought by a third party against
the indemnified parties and the applicant to attack, set aside or void, any permit or
approval authorized hereby for the Project, including (without limitation) reimbursing the
City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City
may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
28. FINAL INSPECTION. A Planning Division Final inspection will be required to determine
substantial compliance with the approved plans prior to the scheduling of a Building Division
final. Any revisions during the building process must be approved by Planning. Contact your
Project Planner, Steven Switzer at Steven.Switzer@PaloAlto.gov to schedule this inspection.
Public Art
29. The project triggers the Public Art in Private Development ordinance, requiring that 1% of the
estimated cost of construction be spent either on art on-site, or the payment of the
equivalent funds to the Public Art Fund in-lieu of commissioning artwork on site. The
applicant has not submitted a public art application at this time. Prior to issuance of a building
permit, the applicant shall pay the required in-lieu contribution to the Public Art Fund or,
prior to applying for a building permit, shall file a minor architectural review application to
evaluate proposed public art, which shall be reviewed and approved by the public art
commission. 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. In-lieu fees may be
paid at occupancy in accordance with the requirements under PAMC 16.64.030 and as
permitted by SB 937.
Building Division
30. A complete construction set shall be submitted to the building department for review. A
complete construction shall include, but is not limited to: architectural drawings, structural
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drawings and calculations, mechanical plans, electrical plans, plumbing plans, and Title 24
energy analysis.
31. All sheets shall be stamped and signed by the responsible designer.
32. Refer to this website below for additional building permit submittal requirements. Contact
the building department for any questions.
https://www.paloalto.gov/files/assets/public/v/3/development-services/building-
division/checklists/simplified/c1-new-comm-shell-checklist-07062023.pdf
Transportation
33. Prior to issuance of a building permit, the applicant shall obtain a transportation analysis
(TA) consistent with the City's Local Transportation Impact Analysis Policy and prepared by a
consultant reasonably acceptable to the City. The applicant shall implement any mediation
measures recommended in the TA that would not render the project infeasible. Potential
mediation measures could include but not limited to; flex posts, bike boxes, bike sharrows,
and/or speed bumps. At a minimum, the TA shall:
a. Evaluate project ingress and egress operations, including driveway functionality
and queuing;
b. Analyze intersection operations and impacts at the Matadero Avenue / El
Camino Real and Kendall Avenue / El Camino Real intersections, considering the
existing “No Right Turn on Red” restrictions;
c. Evaluate potential impacts to the suggested school route along Matadero
Avenue and Kendall Avenue with respect to multimodal access; and
d. Identify and recommend improvements as necessary, subject to City approval.
34. OFF SITE IMPROVEMENTS: Off-site improvement plans shall be submitted to the Office
of Transportation for review and approval. These improvements shall incorporate all
recommendations identified in the transportation analysis prepared for the project. Off-
site improvements include, but are not limited to, design modifications that support on
site circulation and prevent queuing or other operational deficiencies within the public
right of way. Any proposed modifications to the public right of way shall be evaluated to
ensure they can be safely accommodated given existing lane geometry.
35. TRANSPORTATION DEMAND MANAGEMENT (TDM): The applicant shall prepare and
submit a final TDM Plan consistent with the Comprehensive Plan policies for the El
Camino Real corridor and that demonstrates a minimum 30 percent reduction in project
generated vehicle trips. The plan shall identify parking and trip reduction measures,
include trip targets and a monitoring and enforcement mechanism, and designate the
responsible entity for implementation.
All approved TDM measures shall be maintained for the life of the project. Monitoring
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reports shall be submitted two years after occupancy and annually thereafter. If
performance targets are not met, the applicant shall implement modifications as
required by the Director. Failure to correct deficiencies may result in administrative
penalties or other enforcement actions consistent with the Municipal Code.
36. BICYCLE PARKING: In accordance with California Green Building Standards Code
(CALGreen), the project shall provide one on-site short term bicycle parking space per
10,000 square feet. Short term bicycle parking spaces shall be located within 200 feet of
building entrances and readily visible to passers-by.
37. LOADING ZONES: No project dedicated loading space shall be located within the public
right of way. The project shall maintain at minimum one, on-site loading space.
38. CONSISTENCY WITH CALTRANS SR-82 IMPROVEMENTS: All off site improvements shall
be consistent with the recently completed Caltrans SR 82 (El Camino Real)
improvements, including existing “No Parking” signage along El Camino Real. Any
temporary alterations to bike lane enhancements shall be restored to existing
conditions upon completion of the project.
39. BUS SHELTER COORDINATION: Potential impacts to the existing VTA bus shelter at the
intersection of Matadero Avenue and El Camino Real shall be reviewed and approved
through VTA’s development review process. The applicant shall comply with all
requirements issued by the transit authority.
40. DRIVEWAY SIGHT LINES: Adequate sight distance shall be preserved at all driveways.
a. Landscaping within driveway vision triangles shall be maintained at a maximum
height of three (3) feet.
b. All new and existing trees shall be maintained to provide a minimum vertical
clearance of seven (7) feet above grade to ensure unobstructed visibility.
41. QUEUING: Fast opening gates shall be installed and maintained to ensure that vehicle
queuing does not extend into or impact the public right of way.
42. TRASH REMOVAL AND OPERATIONS: Trash bin staging and collection operations shall
occur entirely on site and shall not encroach into or occur within the public right of way.
Public Works Zero Waste
43. 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.
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Deconstruction takes longer than traditional demolition, it is important to plan ahead. For
more information, visit www.cityofpaloalto.org/deconstruction.
44. 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.
45. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction
materials into specific categories for recycling. Additional staging areas for source separated
materials will need to be considered. All materials shall be delivered to one of the City
approved materials recovery facilities listed in Green Halo, all records shall be uploaded to
www.greenhalosystems.com.
For more information, refer to www. paloalto.gov/deconstruction. Trash enclosure can only
be used to temporarily store refuse (garbage, recycling, and compost) and not for other
storage.
46. On the plans submitted for building permit provide cut-sheets for the color-coded internal
and external containers, related color-coded millwork, and its colored signage in the
building plans. Trash chutes must have colored doors with colored signage that complies
with PAMC 5.20.18 requirements.
47. All indoor and outdoor common spaces are required to comply with the following: As per
Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse
containers, related color-coded millwork, and colored signage. The three refuse containers
shall include recycle (blue container), compost (green container), and garbage (black
container). Applicant shall present on the plan submitted for building permit the locations
and quantity of both (any) internal and external refuse containers, it’s millwork, along with
the signage. However, for the copy/ mail area must have either a recycle bin only or all
three refuse receptacles (green compost, blue recycle, 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.paloalto.gov/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.
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Public Works Engineering
48. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised
that most forms, applications, and informational documents related to Public Works
Engineering conditions can be found at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-
Services/Forms-and-Permits
49. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS: Developer
shall familiarize themselves with the guidelines described in the November 2007
revision of the document titled “Overview and Guidelines for the Review of Subdivision
Projects”. Particularly Section II (items 5 through 12) and Section V (items A through C).
https://www.paloalto.gov/files/assets/public/planning-amp-development-services/file-
migration/current-planning/forms-and-guidelines/overview-and-guidelines-for-the-
review-of-subdivision-projects.pdf
50. PARCEL MAP/FINAL MAP: Approval of this application is subject to, and contingent upon
the approval of a tentative map and recordation of a Final Map, as detailed in Section 8.
51. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the
Department of Public Works for all public improvements.
52. SPECIAL STREET LIGHT: This project is located within an area designated to have special
streetlights as shown in the Special Street Light Style Placement Guide. Any new or
replaced streetlights shall be installed to the standards adopted by the Public Works
Department and Utility Department.
https://www.paloalto.gov/files/assets/public/v/1/planning-amp-development-
services/current-planning/pw-style-placement-guide-2020.pdf
53. 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.
54. 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 that are attributable to the development. 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. The Developer’s
financial responsibility for utility upgrades exceeding the impacts of the development
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shall be limited to Developer’s fair share contribution, as reasonably determined by the
Utilities and/or Public Works Department.
55. 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.
56. 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.
57. 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. The Developer’s financial
responsibility for storm drain facility upgrades exceeding the impacts of the
development shall be limited to Developer’s fair share contribution, as reasonably
determined by the Public Works Department.
58. 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.
59. 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.”
60. 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.
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61. 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.
62. 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. The Developer’s financial responsibility for
storm drain facility upgrades exceeding the impacts of the development shall be limited
to Developer’s fair share contribution, as reasonably determined by the Public Works
Department.
63. 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.
64. 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”.
65. 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
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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.
66. 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.
67. 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.
68. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the
“Pollution Prevention – It’s Part of the Plan” sheet.
69. 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.
70. 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.
71. 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
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a certification verifying that all the permanent storm water pollution prevention
measures were installed in accordance with the approved plans.
72. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire
project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact
restoration limits will be determined once the resulting road condition is known
following completion of heavy construction activities and utility lateral installations, at
minimum the extent will be the project frontage on Matadero and Kendall Avenues. The
extent of restoration required on El Camino Real shall be determined by the Public
Works Department following completion of heavy construction activities and utility
lateral installations.
73. EXISTING EASEMENTS: Provide documentation showing approval from the entities
affected by the onsite easements to verify that the work within said easements is
permitted.
74. OUTSIDE AGENCY APPROVAL: A portion of the proposed work is within Caltrans right-of-
way. Evidence of permit approvals shall be submitted prior to issuance of City permits.
75. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is
required to paint “No Dumping/Flows to Matadero Creek” in blue on a white
background adjacent to all onsite storm drain inlets. The name of the creek to which
the proposed development drains can be obtained from Public Works Engineering.
Stencils of the logo are available from the Public Works Environmental Compliance
Division, which may be contacted at (650) 329-2598. Include the instruction to paint the
logos on the construction grading and drainage plan.
76. 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.
77. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (INDEFINITE ENCROACHMENT PERMIT):
An approved indefinite encroachment permit will be required for any private
infrastructure constructed in the public right-of-way, easement or on property in which
the City holds an interest, but that was not authorized by a building permit.
Urban Forestry
78. Post building permit issuance all protected trees are subject to a 14-day public notice
prior to their removal.
79. URBAN FORESTRY GENERAL: The following general tree preservation measures apply to
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all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be
permitted within the Tree Protection Zone (TPZ). The ground under and around the tree
canopy area shall not be altered. No waste material or construction byproducts are
allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained
as necessary to ensure survival.
80. TREE DAMAGE: Tree Damage, Injury Mitigation, and Inspections apply to the Contractor.
Reporting, injury mitigation measures, and arborist inspection schedule may apply
pursuant to TLTM, Section 5.03.6. Contractor shall be responsible for the repair or
replacement of any publicly owned or protected trees that are damaged during the
course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and City of
Palo Alto Tree and Landscape Technical Manual, Section 3.02.
81. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading,
digging, potholing, or trenching within the TPZ of a protected tree shall be performed
using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ=
10x the tree diameter at 54" above grade) For utility trenching, including sewer line,
roots exposed with a diameter of 2 inches and greater shall remain intact and not be
damaged. If directional boring method is used to tunnel beneath roots, then CPA
Standard Detail #504 shall be printed on the final plans and the buffer distances in TLTM
Table 3-4,Trenching and Tunneling Distance, shall be implemented by Contractor.
Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of
conducting any approved excavation within 10-feet of any street trees (or for any
protected tree on EVSE projects). Urban Forestry may choose to monitor or review the
work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards.
82. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all
protection and inspection schedule measures, design recommendations, and
construction scheduling as stated in the Tree Preservation Report and/or 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 the final landscaping or Urban Forestry
inspection of the project is completed.
83. NO NET LOSS OF CANOPY: In order to comply with the City’s no net loss of canopy policy
(PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan,
Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to
replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios
are determined by table 3-1 in the Tree and Landscape Technical Manual, Section 3.02.
New landscape tree plantings (24 inch box or larger) count towards the replacement
total. Screening trees may also count toward the total depending on size and species
selected. If unable to plant the required number of trees on site (our preferred solution)
there is the option of paying in-lieu fees per each 24 inch box tree into the forestry fund.
[Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC
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8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned
other than R1, RE, R-2, or RMD].
84. PLAN CHANGES: Revisions and/or changes to plans before or during construction shall
be reviewed and responded to by the (a) project site arborist, or (b) landscape architect
with written letter of acceptance before submitting the revision to Planning and
Development Services Department for review by Planning, Public Works, or Urban
Forestry.
85. PLAN SET REQUIREMENTS: The final Plans submitted for a building permit shall include
the location, DBH, canopy drip-line, and TPZ of all trees 4 inches DBH or greater as well
as the following information and notes on relevant plan sheets:
a. T-1 SHEET SET, The building permit plan set will include the City’s full-sized, T-1
Sheet Set (Tree Protection-it's Part of the Plan!), available on the Development
Center website. A certified arborist shall complete and sign the Tree Disclosure
Statement.
b. TREE PRESERVATION REPORT (TPR), if indicated by Tree Disclosure Statement, All
sheets of the Applicant’s TPR approved by the City for full implementation by
Contractor, shall be printed on numbered T-1 Sheets (T-3, T-4, etc.) and added to
the sheet index.
c. TREE PROTECTION FENCING, The Plan Set (esp. site, demolition, grading &
drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must
delineate/show the correct configuration of Type I, Type II or Type III fencing
around each Protected Tree, using a bold dashed line enclosing the Tree
Protection Zone (CPA Standard Detail #605).
Fire
86. Fire sprinkler density of parking garage with EVCE shall be Extra Hazard-II. Install smoke
removal sys in parking garage.
87. Overhead utilities on both Kendall Ave and Matadero Ave shall be placed underground
along exterior walls of this project.
Watershed Protection
The following comments are provided as a courtesy and these conditions of approval must be
complied with before receiving a Demolition Permit for this project:
88. NOTICE OF REGULATION OF PCB MATERIAL – EFFECTIVE JULY 1st, 2019: Please be
advised that requirements regarding stormwater control during building demolition for
polychlorinated biphenyls (PCBs) became effective starting July 1st, 2019, in accordance
with the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP),
Order No. R2-2015-0049. MRP Provision C.12.f. requires that San Francisco Bay Area
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municipalities develop a program to ensure that PCBs from building materials (e.g.
caulk, paint, mastic) do not enter the storm drain system during building demolition.
Palo Alto City Council adopted the PCBs regulation in May 2019. For specific questions
about your project, please email CleanBay@cityofpaloalto.org, call 650-329-2122 or visit
http://www.cityofpaloalto.org/pcbdemoprogram.
89. If the project is submitting a demolition permit application on or after July 1st, 2019, the
applicant shall complete and submit the “PCBs Applicant Package,” including any
required sampling reports (per the Applicant Package instructions), with the demolition
permit application. The PCBs Application Package and other resources are outlined at
http://www.cityofpaloalto.org/pcbdemoprogram. The Applicant Package will outline
PCBs sampling and reporting requirements that must be met if the project meets ALL of
the following conditions:
a. The project is a commercial, public, institutional, or industrial structure
constructed or remodeled between January 1, 1950 and December 31, 1980.
Single-family and two-family homes are exempt regardless of age.
b. The framing of the building contains material other than wood. Wood-frame
structures are exempt.
c. The proposed demolition is a complete demolition of the building. Partial
demolitions do not apply to the requirements.
90. If the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the
“PCBs Applicant Package,” then the project shall conduct representative sampling of
PCBs concentration in accordance with the “Protocol for Evaluating Priority PCBs-
Containing Materials before Building Demolition (2018).”
If the representative sample results or records DO NOT indicate PCB
concentrations ≥50 ppm in one or more “priority materials,” then the screening
assessment is complete. Applicant submits screening form and the supporting
sampling documentation with the demolition permit application. No additional
action is required.
If the representative sample results or records DO indicate PCBs concentrations
≥50 ppm in one or more “priority materials,” then the screening assessment is
complete, but the Applicant MUST also contact applicable State and Federal
Agencies to meet further requirements. Applicant submits screening form and
the supporting sampling documentation with the demolition permit application,
and also must contact the State and Federal Agencies as indicated on Page 3 of
the “PCBs Screening Assessment Form.”
IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO
BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs
ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE
PROCESS CAN TAKE BETWEEN 1-3 MONTHS.
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91. Requirement for oil-water separator in interior parking garage floor drains: If installed,
parking garage floor drains on interior levels shall be connected to an oil-water
separator prior to discharging to the sanitary sewer system. The oil-water separator
shall be cleaned at a frequency of at least once every twelve (12) months or more
frequently if recommended by the manufacturer or required by the Director.
Installation, certification, and maintenance records shall be maintained and made
available for inspection and copying as described in Section 16.09.155 of this Chapter.
Oil-water separators shall have a minimum capacity of 100 gallons (PAMC
16.09.165(a)(8) and 16.09.170(a)(5)).
92. Exemption for requirements below: This requirement can be exempted if no washing is
allowed on-site via rental/lease agreement, any hose bibs are to be fitted with lock-outs
or other connection controls, and signage is posted indicating that car washing is not
allowed (PAMC 16.09.170(a)(6)).
a. Requirement for an oil-water separator for carwash area: A drain shall be
installed to capture all vehicle wash waters and shall be connected to an oil-
water separator prior to discharge to the sanitary sewer system. The oil-water
separator shall be cleaned at a frequency of at least once every
twelve(12)months or more frequently if recommended by the manufacturer or
required by the Director. Oil-water separators shall have a minimum capacity
of100 gallons.
b. Requirement for bermed area around carwash: The area shall be graded or
bermed in such a manner as to prevent the discharge of stormwater to the
sanitary sewer system
93. Discharge drains for pools, spas, and fountains shall not be connected directly to the
storm drain system or to the sanitary sewer system (PAMC 16.09.165(a)(7) and
16.09.170(a)(4)).
Water-Gas-Wastewater Utilities
The following comments are required to be addressed prior to submittal of any future related
permit application such as a Building Permit, Excavation and Grading Permit, Certificate of
Compliance, Street Work Permit, Encroachment Permit, etc. These comments are provided as a
courtesy and are not required to be addressed prior to the Planning entitlement approval:
94. The applicant is to submit flow monitoring data for the sewer connection utility impact
study.
PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required)
95. 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.
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The demolition permit will be issued by the building inspection division after all utility
services and/or meters have been disconnected and removed.
FOR BUILDING PERMIT
96. The Domestic Water meter and service location is to be finalized in the Building Permit.
This includes the Public Utility Easement (P.U.E) for the Water meter. Sizing of meter
and service to be determined in the Building Permit. Water meter is to comply with City
of Palo Alto Utilities Standard Detail WD-04.
97. The Irrigation Meter location is to be finalized in the Building Permit. Service is to be
relocated to connect off the domestic service. Sizing of meter and service to be
determined in the Building Permit.
98. Fire Service location is to be finalized in the Building Permit.
99. Sewer Alignments are to be finalized in the Building Permit.
100. 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).
101. 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.
102. 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).
103. 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. The Developer’s
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financial responsibility for utility upgrades exceeding the impacts of the development
shall be limited to Developer’s fair share contribution, as reasonably determined by the
Utilities Department.
104. 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.
105. 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.
106. 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.
107. 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.
108. 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.
109. 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.
110. 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.
111. 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.
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112. 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.
SECTION 8. Conditions of Approval Vesting Tentative Map.
Planning
1. PROJECT PLANS. The Final Map submitted for review and approval by the City Council
shall be in substantial conformance with the Vesting Tentative Map titled “VESTING
TENTATIVE MAP – 3606 EL CAMINO REAL (25PLN-00243)”, prepared by Kier+Wright and
submitted February 3, 2026, 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. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all
applicable development impact fees associated with the proposed development and
subdivision prior to issuance of the building permit(s) or recordation of the Final Map, as
detailed in the Major Architectural Review Approval. Impact fees may be paid prior to
occupancy in accordance with the requirements under PAMC 16.64.030 and as
permitted by SB 937, with a lien on the property.
4. 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
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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.
Public Works Engineering
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map are subject to City’s technical review and staff approval during the map process
prior to issuance of any construction permits.
10. MAP THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will
review and provide approval of the map’s technical correctness as the City Surveyor, as
permitted by the Subdivision Map Act. The Public Works Department will forward a
Scope & Fee Letter from the third-party surveyor, and the applicant will be responsible
for payment of the fee’s indicated therein, which is based on the complexity of the map.
11. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the
Department of Public Works for all public improvements.
12. SPECIAL STREET LIGHT: This project is located within an area designated to have special
streetlights as shown in the Special Street Light Style Placement Guide. Any new or
replaced streetlights shall be installed to the standards adopted by the Public Works
Department and Utility Department.
https://www.paloalto.gov/files/assets/public/v/1/planning-amp-development-
services/current-planning/pw-style-placement-guide-2020.pdf
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.
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
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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 include 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. 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. The Developer’s financial responsibility for
storm drain facility upgrades exceeding the impacts of the development shall be limited
to Developer’s fair share contribution, as reasonably determined by the Public Works
Department.
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23. 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.
24. 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”.
25. 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.
26. 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.
27. 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.
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28. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the
“Pollution Prevention – It’s Part of the Plan” sheet.
29. 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.
30. 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.
31. 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.
32. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire
project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact
restoration limits will be determined once the resulting road condition is known
following completion of heavy construction activities and utility lateral installations, at
minimum the extent will be the project frontage.
33. EXISTING EASEMENTS: Provide documentation showing approval from the entities
affected by the onsite easements to verify that the work within said easements is
permitted.
34. OUTSIDE AGENCY APPROVAL: A portion of the proposed work is within Caltrans right-of-
way. Evidence of permit approvals shall be submitted prior to issuance of City permits.
35. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is
required to paint “No Dumping/Flows to Matadero Creek” in blue on a white
background adjacent to all onsite storm drain inlets. The name of the creek to which
the proposed development drains can be obtained from Public Works Engineering.
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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.
36. 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.
37. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (INDEFINITE ENCROACHMENT PERMIT):
An approved indefinite encroachment permit will be required for any private
infrastructure constructed in the public right-of-way, easement or on property in which
the City holds an interest, but that was not authorized by a building permit.
38. Placeholder Drainage Conditions of Approval Forthcoming.
Water-Gas-Wastewater Utilities
39. On Sheet C4.1 – Preliminary Civil Site Plan, and C6.1 – Preliminary Utility Plan, Water
meter shall be relocated so no obstruction is within the 10x10 easement. Refer to
conditional comment in C7_3606 El Camino Real_Plans for location.
40. On Sheet C4.1 – Preliminary Civil Site Plan, and C6.1 – Preliminary Utility Plan, remove
sewer connection shown on El Camino Real. Refer to conditional comment in C7_3606
El Camino Real_Plans for location. If a secondary sewer connection is needed
connection shall be on Kendal Ave. or Matadero Ave.
41. On Sheet C4.1 – Preliminary Civil Site Plan, and C6.1 – Preliminary Utility Plan, add
Reduced Pressure Principal Assembly (RPPA) to irrigation service per CPAU WGW
Standard WD-11C
SECTION 9. Term of Approval.
1. Architectural Review Application. In the event actual construction of the project is
not commenced within two years of the Effective Date, 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 and state law.
2. 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. A request for an extension of time may be granted by
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the city council after recommendation of the planning commission, after the written
extension request of the subdivider is submitted, prior to the expiration of the Vesting
Tentative Map approval, or any previous extension granted. Such extension(s) shall be
subject to the maximum limitations set forth in the Subdivision Map Act.
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INTRODUCED AND PASSED:
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ATTACHMENT C
3606 El Camino Real, 24PLN-00161
Table 1: COMPARISON WITH CHAPTER 18.14 (Housing Incentives) El Camino Real Focus Area
for CS DISTRICT (18.16) PARCELS
Residential Development Standards (APNs: 137-08-088, -016, and -079)
Regulation Required Proposed
Minimum Site Area, width and
depth
None No change
Minimum Front Yard
(El Camino Real)
0-10 feet to create a 12 foot
effective sidewalk width (1), (2), (8)
9 feet 11 inches
2 feet 6 inches foot Public Access
Easement on El Camino Real – to
create an effective 12-foot sidewalk
Rear Yard 10 feet for residential portion 11 feet – 15 feet
Interior Side Yard 10 feet adjacent to residential uses Not Applicable
Street Side Yard
(Matadero Avenue)
5 feet 11 feet – 15 feet
Build-to-lines 50% of frontage built to setback on
El Camino Real
33% of side street built to setback on
Matadero Avenue (7)
90% of frontage built to setbacks
Upper Story Step Back El Camino Real frontage above 55
feet in height: minimum 10 foot
step-back from lower facade, for a
minimum 70% of the facade length.
Not proposed
Max. Site Coverage 50%
80%* (ECR Focus Area Allowance)
83%
Max. Building Height 35 ft
85* ft (ECR Focus Area Allowance)
85 ft
Daylight Plane for lot lines abutting
one or more residential zoning
districts
None Complies
Max. Floor Area Ratio (FAR)0.6:1
4.0* (ECR Focus Area Allowance)
3.31:1 (86,595 sf of 26,149 sf lot
size)
Max. Residential Density 108 DU/AC with 24.5% bonus
(Cal. Gov. Code 65589.5(h)(11)(C))
128 du/acre
Minimum Usable Open Space 100 sf per unit (5,700 sf) (ECR Focus
Area Allowance)
8,0019 sf
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of
any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required
for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line..
(6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question.
(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
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Table 2: 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)
9 feet 11 inches
2 feet 6 inches foot Public Access
Easement on El Camino Real – to
create an effective 12-foot
sidewalk
Rear Yard None Not Applicable
Interior Side Yard None Not Applicable
Street Side Yard (Kendall Avenue)20 feet (2)
5* ft (ECR Focus Area Allowance)
11 feet – 15 feet
Min. yard for lot lines abutting or
opposite residential districts or
residential PC districts
10 feet (2)10 feet – 26 feet
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)
85 ft
Max. Floor Area Ratio (FAR)0.5:1
4.0* (ECR Focus Area Allowance)
3.81:1 (169,379 sf of 44,495 sf lot
size)
Daylight Plane for lot lines abutting
one or more residential zone
districts
None (6)Complies (Abutting RM-40)
Minimum Usable Open Space 100 sf per unit (12,000 sf) (ECR Focus
Area Allowance)
12,940 sf
Max. Residential Density 108 DU/AC with 24.5% bonus
(Cal. Gov. Code 65589.5(h)(11)(C))
128 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
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Table 3: 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
(Kendall Avenue)
(2) 20 feet 9 feet
Rear Yard 10 feet 11 feet -15 feet
Interior Side Yard 6 feet 6 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)
85 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)
3.39:1
Minimum Site Open Space 30% 17%
Minimum Usable Open Space 150 sf per unit (18,000 sf)
100 sf per unit (12,000 sf) (ECR Focus
Area Allowance)
0 sf
Minimum Common Open Space 75 sf per unit (9,000 sf)0 sf
Minimum Private Open Space 50 sf per unit (6,000 sf)2,447 sf
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Table 4: COMPARISON WITH CHAPTER 18.14 (HOUSING INCENTIVES) EL CAMINO REAL FOCUS AREA
FOR RM-40 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
(Kendall Avenue)
(2) 0-25 feet (1) 9 feet
Rear Yard 10 feet Not Applicable
Interior Side Yard 10 feet, 6 feet for properties less
than 70 feet wide
11 feet – 15 feet
Street Side Yard 0-16 feet (2)Not Applicable
Setback from major roadways (1)
[18.13.040(b)(1)(A)]
0-25 feet (1)Not Applicable
Max. Building Height 40 feet
85* ft (ECR Focus Area Allowance)
85 feet
Side Yard Daylight Plane (7)10 feet at interior side lot line then
45 degree angle
Does not comply
Rear Yard Daylight Plane (7)10 feet at rear setback line then 45
degree angle. None for lots > than
70 ft wide
Does not comply
Max. Site Coverage 45%, plus 5% for covered patios
80% (ECR Focus Area Allowance)
83%
Max. Total Floor Area Ratio (4)1.0:1
4.0* (ECR Focus Area Allowance)
2.43:1
Max. Residential Density (3) 40 DU/AC
108 DU/AC with 24.5% bonus
(Cal. Gov. Code 65589.5(h)(11)(C))
128 du/ac
Minimum Site Open Space 20% 17%
Minimum Usable Open Space (5)100 sf per unit (1,500 sf)0 sf
Minimum Common Open Space 50 sf per unit (750 sf) 347 sf
Minimum Private Open Space 50 sf per unit (750 sf)1,034 sf
(1) Minimum front setbacks shall be determined by the Architectural Review Board upon review pursuant to criteria
set forth in Chapter 18.76 and the context-based criteria outlined in Section 18.13.060. Arterial roadways do not
include residential arterials.
(2) Minimum street side setbacks in the RM-40 zone may be from 0 to 16 feet and shall be determined by the
Architectural Review Board upon review pursuant to criteria set forth in Chapter 18.76 and the context-based
criteria outlined in Section 18.13.060.
(3) Provided that, for any lot of 5,000 square feet or greater, two units are allowed, subject to compliance with all other
development regulations.
(4) Covered parking is not included as floor area in multi-family development, up to a maximum of 230 square feet per
required parking space. Covered parking spaces in excess of required parking spaces count as floor area.
(5) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum site open
space; required usable open space in excess of the minimum required for common and private open space may be
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used as either common or private usable open space; landscaping may count towards total site open space after
usable open space requirements are met.
(6) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem are
intended for use by the same residential unit. For projects with more than four (4) units, not more than 25% of the
required parking spaces shall be in a tandem configuration.
(7) Each daylight plane applies specifically and separately to each property line according to the adjacent use.
18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a
commercial district shall be responsible to its context and compatible with adjacent development, and shall
promote the establishment of pedestrian oriented design.
Table 5: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading)
for Multiple Family Residential*
Type Required Proposed
Vehicle Parking 1 per unit (321 units) = 321 spaces
(ECR Focus Area Allowance)
391 spaces, 90 tandem, 7 guest
parking
Bicycle Parking 1 per unit long term (321)
1 per 10 units short term (32)
280 long term
12 short term
Loading Space 1 required for more than 50 units 0 provided
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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.
2 feet 6 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
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Landscape or furniture area width of 2 foot minimum: 11.5 feet
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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.
2 feet 6 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
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Clear space/buffer – (2 feet min. on each side of path, ground cover is
allowed): 11.5 feet and 4 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. L2.1 Complies
a. Length of parcel frontage/public sidewalk length: 412 feet
b. Street Trees required (i.e. frontage/30 feet): 14 trees
☒
c. Street Trees provided: 17 (5 existing + 12 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
AP2.01 Complies
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located within 50 feet of project site and located in a public right-of-way.
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(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
be located between the sidewalk and the curb; OR
AP2.01 Complies
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☐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.
AP2.01 Complies
(b)(3) Vehicle Access
☒(A) Vehicle access shall be located on alleys or side streets when they abut the
property.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.
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:AP2.01 Loading provided.
☐(A) Loading docks and service areas shall be located on façades that do not face a
primary building frontage
☐
(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.
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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 _____ %
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☐(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:
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.AP3.00 Complies
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☒ii. A different material application and/or fenestration pattern from the rest of
the façade.AP3.00 Complies
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☐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.
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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
☒B. Faces a publicly accessible pedestrian walkway.AP3.00 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
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☐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
☐
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
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☐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
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☒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
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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.
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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%):
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ii. Landscape area in required setback:
(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
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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.
AP3.21
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: 85 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.
AP3.01
AP3.02
AP3.03
The building does not comply
with daylight planes.
(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:
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☒(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.
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
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(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
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:
AP3.01
AP3.02
AP3.03
Complies
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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: 61 feet
Total Façade length: 390 feet
☒
Percent of façade length without upper floor modulation (a/b) (maximum
70%): 15 %
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
AP2.03
AP2.04
AP2.05
AP2.06
AP2.07
Does not Comply
Total Building length: 391 feet
☐
Number of vertical façade breaks: 5 breaks
Width: 42 feet, Depth: 8 feet, Area: 336 sf
Buildings between 150 feet and 250 feet in length
(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:
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Number of vertical façade breaks:
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Width:
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.
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☐(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. 2.6 acre lot
with only residential and
residential accessory uses
proposed.
18.24.060 Façade Design
Check
Two or
More
Standard Sheet #Applicant’s Justification
(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.
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☒a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a
minimum dimension of 2 feet from the primary facade.
AP2.02
AP2.03 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
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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
☒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
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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
AP3.02
AP3.03
Complies
☒a. Fenestration Size
☒b. Fenestration Proportion
☒c. Fenestration Pattern
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☐d. Fenestration Depth or Projection
☒iv. Variation in two of the following:AP3.00
AP3.01 Complies
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AP3.02
AP3.03
☒a. Façade Material
☒b. Facade Material Size
☐c. Façade Texture and Pattern
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☒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.
☒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.
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☒G. Incorporate a minimum of three colors, materials, and/or textures across the whole
building.
(c)(3) Compatible Rhythm and Pattern
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(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
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☐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.
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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
(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
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☐c. Commercial building entry:
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☐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).
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☒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☒
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
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☐(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
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(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: 128 feet Matadero / 240 feet Kendall
Frontage devoted to garage openings, carports, surface parking, loading entries, or
utilities access: 14% Matadero / 8% Kendall
☒
Percent of frontage devoted to garage openings, carports, surface parking, loading
entries, or utilities access 10.7% and 83%
(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
AP3.01
AP3.02 Does not comply
(C)&(D) Partially Sub-Grade Structured Parking
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☐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
☐
(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
AP2.06 Complies
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☒(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
AP2.06
☒
(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
AP2.06
☒(E) Common open space provides seating. AP2.03
AP2.06
☒(F) Common open space has a minimum 20% of landscaping.AP2.03
AP2.06
☒(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 8
Attachment D - Objective Standards
Consistency Analysis
Item 8: Staff Report Pg. 84 Packet Pg. 149 of 312
From:James Lloyd
To:Planning Commission
Cc:Clerk, City; City Attorney; City Mgr; PlannerOnDuty
Subject:public comment re item 2 for tonight"s Planning Commission meeting
Date:Wednesday, February 11, 2026 12:52:29 PM
Attachments:Palo Alto - 3606 El Camino Real - HAA Letter.pdf
CalHDF v LCF - compressed.pdf
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Dear Palo Alto Planning Commission,
Please see attached our public comment regarding item 2 for tonight's Planning Commission
meeting, the proposed 321-unit housing development project at 3606 El Camino Real, which
includes 38 units affordable to low-income households.
Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
CalHDF is grant & donation funded
Donate today -
Item 8
Attachment E - Public
Comments
Item 8: Staff Report Pg. 85 Packet Pg. 150 of 312
Feb 11, 2026
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Re: Proposed Housing Development Project at 3606 El Camino Real
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”) and AB 130 when evaluating
the proposed 321-unit housing development project at 3606 El Camino Real, which includes
38 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
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.
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 or the new version of the law.
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Item 8
Attachment E - Public
Comments
Item 8: Staff Report Pg. 86 Packet Pg. 151 of 312
CalHDF also notes that the City’s Housing Element has planned for 37 units on the project
site, including 12 lower-income housing units. Failure to approve this project would risk
de-certification of the City’s Housing Element by the California Department of Housing and
Community Development.
Furthermore, the project is eligible for a statutory exemption from CEQA review under AB
130 (Pub. Res. Code, § 21080.66). 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.
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
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From:
To:Planning Commission
Cc:Switzer, Steven; Armer, Jennifer
Subject:3606 ECR agenda item
Date:Wednesday, February 11, 2026 10:48:52 AM
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
!
Dear Commissioners,
I support the staff recommendation to approve the Vesting Tentative Map.
This project is in the expanded ECR focus area approved by PTC and council.
It will bring more than 300 new housing units on an excellent site and will include roughly
40 units reserved for low income residents as required by law.
Given the financial (and legal) challenges facing 100% BMR projects, this project like the
approved 3150 ECR project are the most practical current way to increase our stock of BMR
housing.
The PTC and council have developed some momentum on new housing.
Please keep this going tonight while adding your comments to council.
Thanks
Stephen Levy
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From:slevy@ccsce.com
To:Planning Commission
Cc:Switzer, Steven; Armer, Jennifer
Subject:3606 ECR agenda item
Date:Wednesday, February 11, 2026 10:48:56 AM
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
!
Dear Commissioners,
I support the staff recommendation to approve the Vesting Tentative Map.
This project is in the expanded ECR focus area approved by PTC and council.
It will bring more than 300 new housing units on an excellent site and will include roughly
40 units reserved for low income residents as required by law.
Given the financial (and legal) challenges facing 100% BMR projects, this project like the
approved 3150 ECR project are the most practical current way to increase our stock of BMR
housing.
The PTC and council have developed some momentum on new housing.
Please keep this going tonight while adding your comments to council.
Thanks
Stephen Levy
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From:slevy@ccsce.com
To:Architectural Review Board; Switzer, Steven
Subject:3606 ECR
Date:Tuesday, December 2, 2025 7:43:59 AM
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
!
Dear Chair Chen and board members,
I look forward to supporting this project when it gets to the city council.
I also look forward to your comments, which usually make projects better.
From the perspective of meeting our city's housing goals this site and project have many
positives:
--it is on a site designated for substantial housing and approved by ARB and council in the
expanded ECR Focus Area.
--the site is close to the Cal Ave shopping area and train station as well as very close to the
Stanford Research Park and accessible to ECR bus lines.
--It is similar in many ways to the 3150 ECR project approved by ARB and council and will
bring a substantial number of new units on a single site
--the site is adjacent to two schools that are facing cutbacks from declining enrollment and
will help preserve these neighborhood schools at full service levels.
--the 37 BMR units, that are reserved for low income HH, will make a positive contribution
to meeting our low income housing goals in a very desirable area.
As always I am aware of the tension between making major changes to a proposal and
affecting the economic viability of the application.
Thank you for your hard and thoughtful work.
Stephen Levy
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From:Velasquez, Ingrid
To:Lait, Jonathan; Tran, Vickie; Switzer, Steven
Cc:Nose, Kiely; Gaines, Chantal; City Mgr
Subject:FW: 3606 El Camino Real Application #: 24PLN-00162
Date:Tuesday, February 17, 2026 9:21:08 AM
Attachments:image001.png
image002.png
image003.png
Hello all,
Forwarding the message below for awareness.
Thanks,
Ingrid
Ingrid Velásquez
Administrative Assistant
Office of the City Manager
(650) 329-2354| Ingrid.Velasquez@PaloAlto.gov
www.PaloAlto.gov
From: Ken Nishimura <nishimura.ken@gmail.com>
Sent: Thursday, February 12, 2026 3:24 PM
To: Council, City <city.council@PaloAlto.gov>; Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: 3606 El Camino Real Application #: 24PLN-00162
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Dear Palo Alto City Council - I read with some interest an article in the local newspaper regarding the proposed merger of parcels and construction of a large residential complex on 3606 El Camino Real between two streets, Matadero and Kendall. The Planning Commission correctly f
i
This message needs your attention
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CGBANNERINDICATOR
Dear Palo Alto City Council -
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I read with some interest an article in the local newspaper regarding the proposed merger of
parcels and construction of a large residential complex on 3606 El Camino Real between two
streets, Matadero and Kendall.
The Planning Commission correctly found that there are serious concerns regarding traffic
circulation which would be realized should this development come to fruition. Specifically, the
ingress and egress of a large number of vehicles to/from Matadero so close to the intersection
with El Camino presents significant hazards to cyclists who use Matadero as a thoroughfare.
Given the limited number of crossings across the Caltrain tracks -- a topic of
significant concern in of itself -- cyclists who are in general trying to go from Downtown to the
southwest side of the city to access the industrial parks or Foothill Expressway have limited
options. I personally use the California Avenue underpass and ride along Park Avenue and
cross El Camino at Matadero to join the Bol Park path, reversing the route to go home. Note
that this is the first available "through" crossing of El Camino south of Page Mill with a traffic
signal.
The intersection of Matadero and El Camino is not engineered to handle the volume of traffic
anticipated by a large residential complex; light cycles are long and cars would back up into the
complex parking lot which then presents a hazard to cyclists as drivers would be motivated to
"make the light" rather than be aware of cyclists. This cycling route is used by bike commuters
as well as students going to nearby schools. Pedestrians also use this route as evidenced by a
school crossing guard at this intersection.
I urge the Council to require a significant modification to the plans prior to approving a parcel
merger, specifically one which mitigates ingress/egress onto streets which would create
hazards for cyclists and pedestrians.
Regards,
Ken Nishimura
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From:Switzer, Steven
To:Star Teachout
Cc:Planning Commission; Architectural Review Board; John King; City Mgr
Subject:RE: 3606 ECR Driveway already exists
Date:Tuesday, December 9, 2025 4:47:00 PM
Attachments:image001.png
image002.png
Hi Star,
Thanks for your continued interest in the project located at 3606 El Camino Real that just went
before the Architectural Review Board at their December 4, 2025, Meeting.
The City’s Objective Standards (PAMC 18.16.090) provides parameters for parking design.
Where possible it is recommended that parking is accessed from side streets or alleys (PAMC
18.16.090(b)(6)(I)). The project proposes a design that would align with screening the parking
and having it accessed from a side street.
Because this is a “builder’s remedy project” under AB 1893, the City is limited to enforcing only
those objective standards that apply in a zone or land use designation that allows the
requested density. In the El Camino Real Focus Area, there is no requirement that driveways
be located on El Camino Real.
The applicant may also use incentives, concessions, or waivers under State Density Bonus
Law when demonstrating compliance with the enforceable standards. For example, even if the
City requested a driveway relocation, the applicant could lawfully seek a waiver/concession to
keep the current design.
Since the applicant is invoking AB 130, the project qualifies for a statutory environmental
exemption. AB 130 (effective June 30, 2025) is a significant reform to California Housing Law
and CEQA. In short, these reforms limit CEQA review but still require that a qualified
environmental professional identify any Recognized Environmental Conditions or
contamination concerns. If issues are found, the applicant must implement mitigation before
the project can move forward.
The City is still evaluating the project and your comments have been added to the project file.
For more information I have added a few helpful links below:
“Builder’s Remedy” and Housing Elements.
AB 130 Legislation
Governor Newsom signs into law groundbreaking reforms to build more housing, boost
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affordability | Governor of California
As we continue to process the application, feel free to check the project’s webpage for
updates:
3606 El Camino Real – City of Palo Alto, CA
Steven Switzer
Senior Historic Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
From: Star Teachout <teachout@sonic.net>
Sent: Tuesday, December 9, 2025 4:08 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Cc: Planning Commission <Planning.Commission@PaloAlto.gov>; Architectural Review Board
<arb@PaloAlto.gov>; John King <johnwadeking@gmail.com>; Council, City
<city.council@PaloAlto.gov>
Subject: 3606 ECR Driveway already exists
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Steven,
I assume you already know this, but there is probably no need for an encroachment permit for
3606 ECR as there is already a well-placed driveway/curb cut at approximately the middle of
the el Camino Real frontage for this project. It would require an amendment to widen it, but it is
well placed--does not interfere with the bus stop closer to Matadero, and there is also a break
in the bike lane striping (and no white bollards), as if anticipating this project having a front
driveway. I would imagine this is a positive for the developers. This also addresses the ARB
comments about breaking up the continuous, visual mass from Matadero to Kendall of the
current design.
Since the ARB meeting was the first I attended, were you aware of the existing driveway, and
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has it gotten discussed in any presentations/analyses so far? If so, what might be the
objections to using this placement (per my 8 December email below)?
Thanks for helping me understand the parameters of this project,
Star Teachout
++++++++++++++++++++++++++++++++
Record of other emails on this matter...
8 December email:
Hello Steven,
I apologize if I am late to evaluating the 3606 El Camino Real development project. In response
to your 4 Dec 2025 reply, it would be helpful if you would offer the statutes/codes/standards
which support your claims that a driveway on ECR would not be allowed due to city standards
and state regulations related to bike lanes. In the best possible world, we would be able to
develop properties for increased housing with the support of our community. Towards that
aim, providing information educates all of us with hopefully the least amount of community
strife, especially with the complexities of Builder’s Remedy. To be clear, I am not asking for any
of the following:
- The item 5 list is not presupposing they be conditions of approval, rather, asking what legal
mitigations the city can undertake after the project is approved [to prevent traffic hazards]
- CEQA compliance
- Reduced density
- Typical zoning compliance
- Anything that (I think) makes the project infeasible.
Driveway on El Camino Real
Did the City of Palo Alto refuse to allow a driveway onto ECR? If so, please provide a link to that
discussion or notes. Was a County of Santa Clara encroachment permit denied, and if so
appealed? If so, could you provide me with the dates related to that process? I have found
nothing in the codes listed below that prevent adding a driveway onto el Camino Real, even
through a bike lane. As previously mentioned, there will be driveways/egress from both 3150
and 3400 el camino real developments. Nor have I seen any requirement for even a traffic
study, unless the city were asking the applicant for that [no information I could find on such a
request]. Considering the potential for extreme disruption and associated safety hazards for
pedestrians, cyclists, and even drivers along Matadero and Kendall, this seems like an
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essential route to pursue.
1. AB 3177 [supports land dedication for adding a service lane in the development plan on both
Matadero and Kendall, constricted/safe routes to schools roadways to prevent harm to
pedestrians, cyclists, and drivers]
AB 3177 does allow cities to impose such a land dedication requirement in the following
limited instances:
• When a housing development both (i) is not located in a transit priority area and (ii) has a
linear street frontage of 500 feet or more;
• Where the city makes a finding that the land dedication requirement is necessary to
preserve the health, safety, and welfare of the public, including pedestrians, cyclists,
and children; or
• To construct public improvements, including, but not limited to, sidewalk and sewer
improvements.
2. Project Development Procedures Manual (PDPM):
https://dot.ca.gov/programs/design/manual-project-development-procedures-manual-pdpm
3. Chap 17: Encroachments and Utilities: https://dot.ca.gov/-/media/dot-
media/programs/design/documents/pdpm-chapter17-a11y.pdf
4. Chapter 500 - Specific Encroachment Permits: https://dot.ca.gov/-/media/dot-
media/programs/traffic-operations/documents/encroachment-permits/epm-chapters-all-
ada-a11y.pdf
Thank you for clarifying anything I may have misinterpreted in these documents,
Star Teachout
+++++++++++++++++++++++
4 Dec email to ARB: sent separately after the ARB public meeting.
+++++++++++++++++++++++
4 Dec email exchange with Palo Alto planner Switzer:
On Dec 4, 2025, at 9:16 AM, Switzer, Steven <Steven.Switzer@paloalto.gov>
wrote:
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Hi Star,
Having the two driveways into the garage enter onto El Camino Real would be in
conflict with our standards. Driveways are meant to be on cross streets rather
than entering onto a freeway like El Camino Real. Further, Caltrans recently added
bike lanes along that stretch of El Camino Real. Changing those bike lanes would
be unlikely to occur.
Since this is a Builder’s Remedy project, it is afforded a lot of protections from
compliance with zoning standards. The items you listed in #5 are unlikely to be
conditions of approval for the project because of this
Follow the link to read more information on “Builder’s Remedy” and Housing
Elements.
<image001.png>Steven Switzer
Senior Historic Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
<image002.png>
From: Star Teachout <teachout@sonic.net>
Sent: Wednesday, December 3, 2025 6:10 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: Re: 3606 ECR questions
CAUTION: This email originated from outside of the organization. Becautious of opening attachments and clicking on links.
Thank you for the prompt reply. My highest priority questions are 3 and 5, the ones
you did not answer. I assume the city has some oversight on the arterial roads and
traffic those experience.
++++++++++++++++++
3 December email:
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On Dec 3, 2025, at 5:18 PM, Switzer, Steven
<Steven.Switzer@paloalto.gov> wrote:
Hi Star,
My answers are below in bold.
Due to the nature of a builder’s remedy project, there are numerous
state law constraints on what the City can impose on a project.
<image001.png>Steven Switzer
Senior Historic Planner
Planning and Development Services
Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
<image002.png>
From: Star Teachout <teachout@sonic.net>
Sent: Wednesday, December 3, 2025 1:58 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: 3606 ECR questions
Hello Steven,
I mistakenly arrived this morning to voice some concerns about the 3606
ECR development. Since I have a few more hours, if you have time could
you please share any answers to the following questions?
Incidentally, although losing the Fish Market has been a significant impact
on our south PA neighborhood (and probably McDonalds for many too),
looking over the 3150 ECR development I am struck at what a great plan it
is. The 3606 seemed to want to copy many parts of it, but it is poorly
executed and in my opinion the wrong building (scale) in the wrong place.
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1. RM30/RM40 heights violated: Since 3606 el Camino Real qualifies as a
Builders’ Remedy project, does that mean the RM-30 and RM-40 portions
of the development are allowed to exceed the city’s 30 and 40 ft height
limits, despite there being residential properties across the street?
Seven stories along el Camino may be fine, but extending those 7 stories
into the neighborhood (T-configuration/footprint), eclipsing the sky view of
the nearby apartments and houses is extreme. Were renters notified of
this development?
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 November 21, 2025,
which is 14 days in advance of the meeting. Postcard mailing
occurred on November 19, 2025, which is 16 days in advance of
the meeting.
The project site is also located within the El Camino Real Focus
Area that allows a maximum height of 85 feet. The RM-30 and RM-
40 lots are part of that focus area.
2. Minimal Underground Parking: The height of the development is
definitely out of scale for apartments surrounding this proposal. Unlike
Creekside (3400 ECR) and the Fish Market/McDonald’s site (3150 ECR)
which have mostly underground parking, can the city of PA require mostly
underground parking for this project too?
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. Further, the
project applicant is also able to utilize incentives, concessions,
and waivers under State Density Bonus Law when demonstrating
compliance with the enforceable standards. This allows the
applicant to deviate from certain standards. The City cannot
require underground parking.
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3. No Entrance/Exits on ECR: Unlike the aforementioned projects, why are
there no exits from this development onto el Camino Real (as per 3400
and 3150 ECR)? It is unbelievable that this project would subject the
neighborhoods to this much traffic for those avoiding ECR traffic,
especially with the No Right Turn on Red rule at Matadero. Kendall (curvy
and narrow) and Matadero (no bike lanes, parking on sides allowed, major
route to schools) are not designed for this volume.
As you know, Barron Park is landlocked on 2 sides so all traffic short-
cutting through the neighborhood streets coming from Creekside and 3606
(as currently proposed) will travel down 3 streets—Whitsell, Kendall,
Barron--through this sidewalk-less neighborhood.
There are also issues with the Matadero driveway passing between 2
smaller apartment buildings, posing some dangers for those living there.
4. Parking: Why should a developer be allowed to not provide parking for
all its residents but be allowed to lease parking?!!
Plans indicate 321 residential units and the required parking
spaces in the El Camino Real Focus Area are 1 space per 1 unit.
The project is proposing 391 spaces and compliant with the
zoning code.
5. Protections: What with all the proposed developments happening
between Page Mill and Los Robles, does the city have some authority to
enact any of the following:
a. Retain the driveways on both Matadero and Kendall for service
vehicles (garbage, deliveries, EMS), but disconnect them from the
residential parking.
b. If (a) is not possible, impose a R turn driveway exit only from
3606 ECR on the Matadero side (ie, no L turn) and a L turn only (ie, no R
turn exit) onto Kendal to protect the neighborhoods from all the cut
through traffic? This would probably require a short bike lane/sidewalk on
Kendall between ECR and Whitsell to protect children enroute to school.
c. If (a) is not possible, could the city (with neighborhood approval)
make Whitsell a cul-de-sac at Matadero to prevent both 3400 and 3606
ECR development traffic from using it as a short cut, thus protecting
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pedestrians and cyclists. This adds some traffic to Kendall and Josina, but
really only from the few houses on the first block of Whitsell.
d. Install speed bumps on Kendall, Whitsell, Barron, and Josina as
needed.
e. Enact No Right Turn between 8:30 and 9:30 am Mon-Fri on
Matadero and Kendall.
f. Remove the ECR cross-lane access at Kendall, which is already
dangerous, and make Barron a fully-signaled intersection (not just a
signaled cross-walk when pushed).
g. Barron Ave is extremely restricted between ECR and Whitsell—
narrow, tree-lined. Perhaps it too needs a no turns between 8:30 - 9:30
am?
H. Matadero is already impacted by traffic and the No R on Red law
at ECR. What with the many large proposed developments, could the city
remove this restriction at Matadero? [12/8/25: Negotiate with the
county/state]
i. All of these larger developments do not provide for all the
potential parking needed, even 3150 which is a pretty stellar development.
Where are all the approximate 300 drivers going to park when ECR no
longer allows it? Some people may not use cars, but from my experience
as a cyclist, even my able-bodied, clever neighbors still hop in their cars to
travel 1 mile! [12/8/25: Parking permit program]
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.
In order to be eligible for AB 130 a project must comply with
Public Resources Code (“PRC”) Section 21080.66. This section
offers a statutory exemption for certain housing development
projects from CEQA requirements, aiming to speed up the
approval process. 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 Zoning Ordinance or
Comprehensive Plan land use designation. The project is further
afforded numerous protections as detailed in the staff report.
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Thanks for any useful input to guide our city into healthy development
which considers both the needs of future and current residents.
Star Teachout
3550 Whitsell Avenue
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From:Switzer, Steven
To:"Star Teachout"
Subject:RE: 3606 ECR questions
Date:Wednesday, December 3, 2025 5:18:00 PM
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Hi Star,
My answers are below in bold.
Due to the nature of a builder’s remedy project, there are numerous state law constraints on
what the City can impose on a project.
Steven Switzer
Senior Historic Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
From: Star Teachout <teachout@sonic.net>
Sent: Wednesday, December 3, 2025 1:58 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: 3606 ECR questions
Hello Steven,
I mistakenly arrived this morning to voice some concerns about the 3606 ECR development.
Since I have a few more hours, if you have time could you please share any answers to the
following questions? Incidentally, although losing the Fish Market has been a significant
impact on our south PA neighborhood (and probably McDonalds for many too),
looking over the 3150 ECR development I am struck at what a great plan it is. The
3606 seemed to want to copy many parts of it, but it is poorly executed and in my
opinion the wrong building (scale) in the wrong place.
1. RM30/RM40 heights violated: Since 3606 el Camino Real qualifies as a Builders’ Remedy
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project, does that mean the RM-30 and RM-40 portions of the development are allowed to
exceed the city’s 30 and 40 ft height limits, despite there being residential properties across
the street?
Seven stories along el Camino may be fine, but extending those 7 stories into the neighborhood
(T-configuration/footprint), eclipsing the sky view of the nearby apartments and houses is
extreme. Were renters notified of this development?
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 November 21, 2025, which is 14 days in
advance of the meeting. Postcard mailing occurred on November 19, 2025, which is
16 days in advance of the meeting.
The project site is also located within the El Camino Real Focus Area that allows a
maximum height of 85 feet. The RM-30 and RM-40 lots are part of that focus area.
2. Minimal Underground Parking: The height of the development is definitely out of scale for
apartments surrounding this proposal. Unlike Creekside (3400 ECR) and the Fish
Market/McDonald’s site (3150 ECR) which have mostly underground parking, can the city of
PA require mostly underground parking for this project too?
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. Further, the
project applicant is also able to utilize incentives, concessions, and waivers under
State Density Bonus Law when demonstrating compliance with the enforceable
standards. This allows the applicant to deviate from certain standards. The City
cannot require underground parking.
3. No Entrance/Exits on ECR: Unlike the aforementioned projects, why are there no exits from
this development onto el Camino Real (as per 3400 and 3150 ECR)? It is unbelievable that this
project would subject the neighborhoods to this much traffic for those avoiding ECR traffic,
especially with the No Right Turn on Red rule at Matadero. Kendall (curvy and narrow) and
Matadero (no bike lanes, parking on sides allowed, major route to schools) are not designed for
this volume.
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As you know, Barron Park is landlocked on 2 sides so all traffic short-cutting through the
neighborhood streets coming from Creekside and 3606 (as currently proposed) will travel
down 3 streets—Whitsell, Kendall, Barron--through this sidewalk-less neighborhood.
There are also issues with the Matadero driveway passing between 2 smaller apartment
buildings, posing some dangers for those living there.
4. Parking: Why should a developer be allowed to not provide parking for all its residents but be
allowed to lease parking?!!
Plans indicate 321 residential units and the required parking spaces in the El
Camino Real Focus Area are 1 space per 1 unit. The project is proposing 391 spaces
and compliant with the zoning code.
5. Protections: What with all the proposed developments happening between Page Mill and
Los Robles, does the city have some authority to enact any of the following:
a. Retain the driveways on both Matadero and Kendall for service vehicles (garbage,
deliveries, EMS), but disconnect them from the residential parking.
b. If (a) is not possible, impose a R turn driveway exit only from 3606 ECR on the
Matadero side (ie, no L turn) and a L turn only (ie, no R turn exit) onto Kendal to protect the
neighborhoods from all the cut through traffic? This would probably require a short bike
lane/sidewalk on Kendall between ECR and Whitsell to protect children enroute to school.
c. If (a) is not possible, could the city (with neighborhood approval) make Whitsell a
cul-de-sac at Matadero to prevent both 3400 and 3606 ECR development traffic from using it
as a short cut, thus protecting pedestrians and cyclists. This adds some traffic to Kendall and
Josina, but really only from the few houses on the first block of Whitsell.
d. Install speed bumps on Kendall, Whitsell, Barron, and Josina as needed.
e. Enact No Right Turn between 8:30 and 9:30 am Mon-Fri on Matadero and Kendall.
f. Remove the ECR cross-lane access at Kendall, which is already dangerous, and
make Barron a fully-signaled intersection (not just a signaled cross-walk when pushed).
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g. Barron Ave is extremely restricted between ECR and Whitsell—narrow, tree-lined.
Perhaps it too needs a no turns between 8:30 - 9:30 am?
H. Matadero is already impacted by traffic and the No R on Red law at ECR. What with
the many large proposed developments, could the city remove this restriction at Matadero?
i. All of these larger developments do not provide for all the potential parking needed,
even 3150 which is a pretty stellar development. Where are all the approximate 300 drivers
going to park when ECR no longer allows it? Some people may not use cars, but from my
experience as a cyclist, even my able-bodied, clever neighbors still hop in their cars to travel 1
mile!
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.
In order to be eligible for AB 130 a project must comply with Public Resources Code
(“PRC”) Section 21080.66. This section offers a statutory exemption for certain
housing development projects from CEQA requirements, aiming to speed up the
approval process. 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 Zoning
Ordinance or Comprehensive Plan land use designation. The project is further
afforded numerous protections as detailed in the staff report.
Thanks for any useful input to guide our city into healthy development which considers both the
needs of future and current residents.
Star Teachout
3550 Whitsell Avenue
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Comments
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From:Fei Li
To:Switzer, Steven
Subject:Re: 3606 El Camino Project
Date:Thursday, November 20, 2025 3:22:31 PM
Attachments:image001.png
image002.png
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Hi Steven,
Thank you for taking the time getting back to me, I really appreciate it. I will check the
website on regular basis to stay informed.
Hope you have a wonderful holiday season.
Fei
On Thu, Nov 20, 2025 at 11:38 AM Switzer, Steven <Steven.Switzer@paloalto.gov> wrote:
Hi Fei,
For project updates, feel free to contact me or visit the project’s webpage: 3606 El Camino
Real.
We are tentatively scheduled for the upcoming December 4th Architectural Review
Board (ARB) Meeting. You are welcome to attend that meeting at 8:30 am via zoom or in-
person to provide comments. Alternatively, you can provide written comments on the
project prior to the public hearing.
As for demolition, the project would need to be approved prior to obtaining any permits for
demolition. It is hard to give an exact timeline, but it is unlikely that it would occur within
the next year. Your property manager/landlord would also be a great resource to contact
about how to plan for a potential move.
Steven Switzer
Senior Historic Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
From: Fei Li <fei.lee@gmail.com>
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Sent: Thursday, November 13, 2025 12:46 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: 3606 El Camino Project
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments
and clicking on links.
Good afternoon Steven,
Hope this email finds you well. I am a resident of 528 Kendall Ave, Palo Alto, CA 94306
and I noticed a recent update on
3606 El Camino Project
https://www.paloalto.gov/Departments/Planning-Development-Services/Current-
Planning/Projects/3606-El-Camino-Real
Do you have a rough time line you you can share with me about the demolition so that I can
plan accordingly?
Thank you and I am looking forward to hearing from you.
Best regards,
Fei
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From:Fei Li
To:Switzer, Steven
Subject:Re: 3606 El Camino Real Project started?
Date:Monday, June 9, 2025 11:44:41 AM
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i
Hi Steven,
Thanks for the information, have a great day!
Fei
On Mon, Jun 9, 2025 at 11:32 AM Switzer, Steven <Steven.Switzer@paloalto.gov> wrote:
Thanks for the image.
The project is still under review, so no work has been approved with regards to the planning
entitlement.
The truck pictured might be related to another item that is out of the project scope.
Steven Switzer
Historic Preservation Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
This message needs your attention
This is a personal email address.
Mark Safe Report
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From: Fei Li <fei.lee@gmail.com>
Sent: Saturday, June 7, 2025 1:31 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: 3606 El Camino Real Project started?
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Hi Steven,
I am a resident of 528 Kendall Ave, Palo Alto, CA 94306, which is part of 3606 El Camino
Real project. I reached to your team before regarding to the project and I noticed people
started working on the empty land in front of it this weekend.
Is the project started already? And do you have an estimation when will 528 Kendall Ave
building be demolished?
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Thank you,
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Fei
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From:Art Liberman
To:Switzer, Steven
Cc:Helen Wang; Kellie Stafford; Kristan Green; John King; Dror Katzav; Mircea
Subject:Re: ARB 12/4/25 24LPN-00162
Date:Monday, November 24, 2025 6:00:56 PM
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i
Mr. Switzer - the plans for 3606 El Camino show the entry and exit from parking for all
the apartments going onto Matadero Avenue (Site Plan). Matadero Avenue is a
narrow street with space for one traffic lane in each direction. It is a collector street,
being one of only two streets that go into and out of Barron Park that have signalized
intersections on El Camino. Furthermore, Matadero is a designated Bicycle Boulevard
by the City of Palo Alto and is also a safe route for children who walk to and from
school (iit is on the Walk and Roll Map for Barron Park Elementary School). Because
there are Bicycle Lanes on El Camino, the City of Palo Alto has instituted No Right
Turn on Red at this and every signalized intersection with El Camino. Unless this
plan is changed, i think you and anyone with any knowledge of the neighborhood
would know that the backup and gridlock on Matadero would become horrendous
each and every morning! In fact, people living at this address may not be able to
leave their apartment. The Creekside Inn project, across Matadero Avenue from this
project initially had exit and entrance from parking on Matadero Avenue but they
changed their plans to have entrance and exit from El Camino. Something similar
needs to change for this project as well.
Art Liberman
member of PABAC
On Monday, November 24, 2025 at 01:58:36 PM PST, Switzer, Steven <steven.switzer@paloalto.gov>
wrote:
Hi Micrea,
The plans are quite large to send via email. However, the plans are available online at the
following webpage:
https://www.paloalto.gov/Departments/Planning-Development-Services/Current-
This message needs your attention
This is a personal email address.
This is their first mail to some recipients.
Mark Safe Report
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Planning/Projects/3606-El-Camino-Real
A staff report will be published later this week detailing the project’s consistencies and
inconsistencies with applicable standards.
Steven Switzer
Senior Historic Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
From: Mircea <mircea27v@gmail.com>
Sent: Monday, November 24, 2025 12:13 PM
To: Switzer, Steven <Steven.Switzer@paloalto.gov>
Cc: Helen Wang <theyuwang@gmail.com>; Kellie Stafford <kkstafford72@gmail.com>;
Liberman, Art <art_liberman@yahoo.com>; Kristan Green <kristangreen@mac.com>; John
King <johnwadeking@gmail.com>; Dror Katzav <dror.katzav@gmail.com>
Subject: ARB 12/4/25 24LPN-00162
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments
and clicking on links.
Steven,
Could you please send me an email with the submitted plans and any reports that quantify why the development is
entitled as a 7-story building with 13% BMR? It appears this may involve an infill exception under AB 130, and I
would like to review the basis for that determination.
I’m also interested in understanding how the transition to residential has been addressed on CN, RM-30, RM-40
and what is the zoning used for the entire project?
Thanks,
Mircea
650-996-1114
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From:Penny Brennan
To:Switzer, Steven
Subject:Re: Public Comment on Major Arch Review App for 3606 El Camino [24PLN-00162] (12-4-25 meeting)
Date:Thursday, December 4, 2025 5:32:29 PM
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i
Hi Steven,
Thank you for your response to my comments. Unfortunately, because I was alloted only 2
minutes to speak, I was unable to read out the points regarding hazards posed by this project to
children bicycling to Barron Park, Fletcher, and Gunn schools, and potential earthquake and
fire emergency issues related to this very large, high density building. I hope that the ARB will
read my email that included these points and that the information my email contained will
reach City Council along with other material pertaining to the proposed project. If you think it
will not reach City Council, do you advise me sending a new email to them so that my
opinions will be read by them?
I have one additional comment after attending the ARC meeting this morning. During the meeting I was somewhat
shocked to learn that the building designers have placed the main entry/exit for cars, people, Uber/Lyft pick-ups, and
deliveries at the Matadero side of the building, close to the intersection of Matadero and El Camino. The designers
and Board seemed unconcerned about, or perhaps unaware of, the narrowness of Matadero there, Matadero as an
already conjested traffic corrider at certain times of day, and as a major bicycling route for Ventura kids going
to/coming from school, and the fact that that entry way will face another housing project of major size, at the site of
what is now the Creekside Hotel. Is the plan for the Creekside Hotel property to also have its main entry on Matadero
near the intersection of Matadero and El Camino? The current placement of the main entrance to 3606 El Camino on
Matadero, near the intersection of Matadero and El Camino, is quite problematic.
Thank you for considering my comments and your help steering them to the proper recipients.
Best regards,
Penny
On Thu, Dec 4, 2025 at 9:58 AM Switzer, Steven <Steven.Switzer@paloalto.gov> wrote:
Hi Penny,
This message needs your attention
This is a personal email address.
Mark Safe Report
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Thank you for the public comment on this item. I will add it to the project file.
While it past the time to be added with the posted agenda packet, I would invite you to speak
at the meeting today and voice your comments.
We will send these public comments to the ARB with the next meeting packet.
Steven Switzer
Senior Historic Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@PaloAlto.gov
www.PaloAlto.gov
From: Penny Brennan <plynnbrennan@gmail.com>
Sent: Thursday, December 4, 2025 12:15 AM
To: Architectural Review Board <arb@PaloAlto.gov>
Cc: Switzer, Steven <Steven.Switzer@paloalto.gov>
Subject: Public Comment on Major Arch Review App for 3606 El Camino [24PLN-00162] (12-4-25
meeting)
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Dear Architectural Review Board:
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I am writing with reference to the Major Architectural Review Application for 3606 El
Camino Real [24PLN-00162], to be discussed at the 12-4-25 meeting of the Architectural
Review Board.
My name is Penny Brennan. I live about half-way down East Matadero Ave, across El
Camino from the proposed building site, in the Ventura neighborhood.
It appears from the addresses of the to-be-demolished buildings that the footprint for the
proposed project will span El Camino between Matadero Ave and Kendall Avenue,
lengthwise; depth-wise it will span almost 2 blocks from El Camino toward Whitsell.
I oppose the proposed project for several reasons:
1. A high density (321 units), 7-story building at this location would be at dramatic odds
with the appearance and character of the Barron Park and Ventura neighborhoods it would
be placed in and adjacent to. If it is designed similarly to most of the recently built
developments along El Camino, it will have a modern, concrete-and-glass urban design
completely at variance with the almost rural, single-family residential character of the
surrounding Barron Park neighborhood and with the post-WW II Palo Alto "working class"
character of the Ventura neighborhood across the street from it.
2. A 7-story building at this location is going to tower and loom over that part of the Barron
Park and Ventura neighborhoods. For example, from my kitchen window, which faces El
Camino, I look out now at my neighbors' trees and the sky above them. If the proposed
building is constructed, this view will be replaced by a view of six stories of concrete siding
and glass windows.
3. I estimate that a building with 321 units will represent a population of at least 600-1300
individuals. Likely residents of each unit will own 1-2 cars, translating to 300-600 vehicles
that will require parking and egress to and from the building complex.
a. What is the parking plan for all of these cars? There are no, or almost no, available
parking places along the streets bordering the proposed project (El Camino, Matadero, and
Kendall), and parking has become severely limited on the streets across the street from the
proposed site (Margarita, E. Matadero, and Wilton) due to recent implementation of
dedicated bike lanes along El Camino and the popularity of restaurants (such as the Hong
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Kong Restaurant) and other businesses across the street from the proposed site.
b. Egress of 300-600 cars to and from the proposed building site on to El Camino via
Matadero and Kendall will be problematic. These are both very narrow streets, already well-
populated with cars seeking access to and from the Barron Park neighborhood.
c. I am concerned about the safety of bicyclists who would need to share the Matadero,
Kendall, and Whitsell roads with the 300-600 new vehicles the proposed building would
bring. The Matadero-El Camino intersection, and the narrow Matadero street beyond it, are
already hazardous for the many children who ride their bikes from the Ventura
neighborhood to their Barron Park Elementary, Fletcher Middle, and Gunn High schools.
The danger will only increase if these and other bicyclists must compete for safe space with
the 300-600 additional cars the proposed 321 unit, 7-story development will bring.
4. I am also concerned about earthquake and fire safety related to development of such a tall,
high density building in the Barron Park and Ventura neighborhoods. To what extent might
neighboring and nearby residents in 1-2 story homes be put at risk of physical harm by
catastrophic earthquake and fire events in the proposed very tall, high-density building?
How might evacuation, rescue, and other emergency efforts be hampered by the size,
density, and poor egress of the proposed building? In the event of earthquake and fire
emergencies, does Palo Alto have sufficient emergency services resources to respond
adequately to emergency needs of the 600-1300 residents in this building in addition to the
needs of existing residents in the Barron Park and Ventura neighborhoods?
Thank you for considering my concerns as you make decisions about the suitability of the
proposed project for the Barron Park and Ventura neighborhoods of Palo Alto.
Sincerely,
Penny Brennan, PhD
Ventura Neighborhood
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From:Penny Brennan
To:Planning Commission
Cc:Armer, Jennifer; Switzer, Steven
Subject:"NO" on 3606 El Camino proposed project
Date:Thursday, February 5, 2026 9:01:28 AM
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Dear Members of the Palo Alto Planning and Transportation Commission,
I am writing to ask that you send a "NO" recommendation to the Palo Alto City Council
regarding approval of the proposed 3606 El Camino building project.
The plan to build a 7-story, 321- unit building at 3606 El Camino Real was passed on to City
Council for approval by the Architectural Review Board (ARC) on December 4, 2025. In the
December 4 meeting, ARC did not consider serious safety hazards that the project poses to
Palo Alto residents who live nearby in the Barron Park and Ventura neighborhoods. I am
hoping you will do so.
As you know, the site of the proposed 3606 El Camino project spans the length of El Camino
between Kendall Avenue and Matadero Avenue. Both of these are narrow, 2-lane roads. The
proposed project sits diagonally on the busy, 4-lane intersection of El Camino Real and
Matadero-Margarita Avenues.
The new dedicated bike lanes along El Camino Real prevent placement of the building's main
entry/exit on El Camino Real. The building's designers have sited its main entry/exit on
Matadero Avenue, close to the intersection of El Camino Real and Matadero-Margarita
Avenues. The renderings shown by the designers during the December 4 ARC meeting
suggested that Matadero Avenue is a boulevard of the same size and dimensions as El Camino
Real. It is not. It is a narrow, 2-lane road, with no sidewalks and little parking; cars frequently
park blocking the bike lanes, along its length stretching to Bol Park.
At the December 4 ARC meeting there was no discussion among ARC members of safety
hazards posed by the placement of the main entry/exit of a 7-story, 321 unit building on
Matadero Avenue, proximal to the busy intersection of El Camino Real and Matadero-
Margarita Avenues. Every one of the building residents' > 300 vehicles, and those of their
visitors, as well as delivery trucks, service providers, Ubers/Lyfts, building maintenance, and
other vehicles will have to enter and exit the building through this Matadero main entry/exit.
ARC did not discuss how pedestrians can safely negotiate through/past this busy, vehicle-
heavy entry/exit.
Note that the new Creekside Inn housing development will be sited at the other corner of El
Camino Real and Matadero Avenue, across the street from 3606 El Camino's Matadero main
main entry/exit. The Creekside Inn development cannot site its main entry on El Camino Real
due to the new El Camino Real dedicated bike lanes. Is it the plan to also site the Creekside
Inn project's main entry/exit on Matadero Avenue, so that it will be directly across the street
from 3606 El Camino's main entry/exit?
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The intersection of El Camino Real and Matadero-Margarita is going to become an extremely
hazardous traffic nightmare. There will be a back up of the many vehicles that need to access
the 3606 El Camino building's Matadero Avenue building entrance via the southbound lane of
El Camino Real, and many of these vehicles already disregard the rule that prohibits
occupation of/right turns on red over the dedicated bike there. This will pose ongoing danger
to bicyclists traveling southbound along El Camino Real. It is not clear how these vehicles, or
northbound vehicles making lefts off El Camino on to Matadero, can make their next left, into
the Matadero main entry/exit, without blocking the considerable traffic headed up Matadero
toward El Camino Real to exit the Barron Park neighborhood. Note that, if you miss your left
turn into the Matadero main exit/entry, there are no good U-turn opportunities later down
Matadero to correct your course. The Barron Park region of Palo Alto is semi-rural in road
structure, featuring narrow, often winding roads without sidewalks. Drivers will seek U-turn
opportunities by driving further down the narrow Matadero road toward Bol Park, or into the
narrow Barron Park neighborhood streets, to use residents' driveways to make their U-turns
back toward the 3606 El Camino building. Speeding cars on Barron Park streets are already
hazardous for pedestrians and bicyclists. Incursion of more vehicles whose drivers seek U-
turns back to 3606 El Camino will only increase this danger.
My biggest concern is for the safety of bicyclists, most of them children, who must cross the
El Camino Real - Matadero/Margarita intersection to travel down narrow Matadero, then other
narrow, winding Barron Park streets, to reach their destinations of Barron Park Elementary,
Fletcher Middle, and Gunn High schools. This intersection is already harrowing, and biking
through Barron Park roads is already dangerous for the children who commute to Barron Park
Elementary, Fletcher Middle, and Gunn High schools, as well as adults bicycling to Stanford
and adjacent Industrial Park businesses. The increased volume of vehicles on these roads, and
traffic problems caused by the siting of the 3606 El Camino building main entry/exit on
Matadero Avenue, are going to vastly increase this danger.
I have one other concern regarding safety of the proposed 7-story, 321 unit building at 3606 El
Camino. I am very concerned about earthquake and fire safety related to construction of such a
tall, high density building at this location. To what extent might neighboring and nearby
residents in 1-2 story homes be put at risk of physical harm by catastrophic earthquake and fire
events in the proposed 7-story, 321-unit building? How might fire fighting, evacuation, rescue,
and other emergency service efforts be hampered by the height, density, poor egress, and
narrow streets surrounding the proposed building? In the event of earthquake and fire
emergencies, does Palo Alto have sufficient emergency services resources to respond
adequately to emergency needs of the 600-1300 residents in this building, plus the needs of the
several hundred residents of the adjacent Creekside Inn building(s), in addition to the needs of
the existing residents, living in 1-2 story homes, in the Barron Park and Ventura
neighborhoods? I am concerned that the very tall, high density 3606 El Camino project
endangers the lives and safety of its neighbors by placing excessive burden on existing
emergency service resources allotted to this region of the city of Palo Alto.
I urge you to recommend "NO" to City Council regarding the proposed 3606 El Camino
project, on grounds of the serious safety hazards it poses Palo Alto residents in the Barron
Park and Ventura neighborhoods.
Sincerely,
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Penny Brennan, PhD
Ventura Neighborhood
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April 13th 2026
3606 El Camino Real Proposed Multifamily Project
Developer Letter
Dear Honorable Councilmembers,
We are pleased to present 3606 El Camino Real, a 321-unit multifamily residential development
that directly responds to Palo Alto's critical housing needs and the City's long-term vision for El
Camino Real. This project was filed in February 2024 under California's Builder's Remedy
provision — a state law that allows housing projects to proceed outside of local zoning
restrictions in jurisdictions whose Housing Element had not yet received HCD certification. At
the time of filing, Palo Alto's Housing Element had not been certified, which occurred in August
2024. The project also invokes State Density Bonus Law and Assembly Bill 130, which provides a
CEQA exemption for qualifying infill housing projects.
While this is not a conventional entitlement pathway, we have taken care to design a project
that is thoughtful, appropriately scaled, and reflective of the City's vision for El Camino Real. The
project delivers 321 units of new housing — including 37 units affordable to low-income
households at or below 80% AMI, consistent with AB 1893's affordability requirements. We
recognize that the project's affordability component has evolved since the original filing, and we
are committed to delivering these 37 BMR units as a meaningful contribution to the City's
housing goals.
Beyond housing, the project offers tangible community benefits: it activates an underutilized
commercial stretch of El Camino Real with an architecturally engaging building; it improves
streetscape conditions at the entrance to the Barron Park neighborhood , including adding
sidewalks where none currently exist; and it is broadly consistent with the El Camino Real Focus
Area Plan and its Objective Design Standards.
To date, the project has gone through two formal public review processes. At the Architectural
Review Board, we received design feedback that we incorporated into the current plans —
including a fin design motif at the Kendall corner, an accentuated massing break along El
Camino Real, enhanced landscaping on the south side to transition the building into the
neighborhood, and improved connections to the tertiary courtyard. Those changes
strengthened the design and are reflected in the current submittal.
At the Planning and Transportation Commission, questions were raised regarding the project's
garage access locations. The vehicle access follows Palo Alto's Objective Design Standards (ODS
18.24.030(b)) which states that “Vehicle access shall be located on alleys or side streets when
they abut the property.” This project benefits from distribution through two separate points of
vehicular entry — one on Matadero Avenue and one on Kendall Avenue. This approach reflects
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standard traffic engineering practice: locating driveway access on side streets rather than
arterials reduces conflict points on high-volume roadways, and distributing access across two
locations spreads traffic more evenly across the surrounding street ne twork. The Palo Alto
objective design standard is particularly sensible for this site, because vehicle access on El
Camino Real would introduce substantial conflicts. El Camino Real has also been the subject of
recent public investment in separated bicycle infrastructure; an additional driveway cut along
that frontage would introduce a new vehicle-bicycle conflict point along those facilities. Further,
an independent review conducted by Hexagon Transportation Consultants evaluated the entry
locations and confirmed that the Matadero and Kendall entries are appropriately sited relative
to traffic distribution and street safety. We have further reinforced both entries with internal
stop signs and visual and audio warnings to alert pedestrians and cyclists when vehicles are
exiting. Combined with new sidewalk improvements along the project frontage on Matadero
and Kendall, these elements represent a meaningful net safety enhancement for the
surrounding neighborhood.
We are grateful to City Council, City staff, the ARB, and the PTC for the time and rigor they have
brought to reviewing this project. We look forward to your support for bringing 321 new homes
to Palo Alto.
Sincerely,
Alex Giovannotto
Vittoria Management, Inc.
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3606 El Camino Real
Design Updates
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Building Massing and Façade Articulation
ARB members expressed concern
that the building appears too long
and visually massive and
encouraged additional façade and
roofline breaks to reduce perceived
bulk.
1
1
2
Increased contrast at the
recessed massing break to more
clearly articulate the change in
plane and strengthen the
building’s visual breakdown.
2 Added roofline breaks to
reduced the perceived bulk of
the building.
ARB Comment
Design Response
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Transition to Neighborhood
ARB members expressed concern about the
transition to adjacent lower-scale residential
areas and recommended strategies to reduce
impacts on neighboring properties.
1
1 Updated the podium level to include
landscaping along the south side to
soften the visual experience of 3606.
The building perimeter is lined with
trees to further soften the project’s
edge and enhance the transition to
neighboring properties.
ARB Comment
Design Response
2
2
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Street- Facing Experience along Kendall
While parking is well screened from El
Camino Real, ARB members noted that the
Kendall-facing façade lacks sufficient
articulation and encouraged additional
façade breaks and design features to
enhance the pedestrian experience and
better screen the garage.
The Kendall/ECR corner was
enhanced to create a more prominent
corner presence and incorporate the
fin motif used at the Matadero corner,
fostering a more welcoming
pedestrian experience, adding design
interest, and maintaining the
effectiveness of the garage screening.
ARB Comment
Design Response
1
1
Existing Condition
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Open Space and Amenity Design
ARB members noted that some third-floor
amenities appear underutilized or inaccessible
and recommended better connectivity, expanded
roof decks, and improved usability of shared open
spaces.
1
1 Shifted the floor plans to allow access
from the corridor to the small courtyard
on the south leg of the building.
Ensured that residential patios on the
podium provide as much usable
outdoor space as possible.
ARB Comment
Design Response
2
2
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560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910
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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 3606 El Camino Real (24PLN-00162)
Dear All:
This firm represents Vittoria Management, Inc. (the “Applicant”) in connection with its application
for a housing development project consisting of 335 multifamily units (the “Project”) at 3606 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 December 23, 2024. 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”), and the Project Site has been included in the City’s housing site inventory for its 6th cycle
Housing Element.1 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
1 See the City’s 2023-2031 Housing Element, Appendix D: Site Inventory, available at:
https://paloaltohousingelement.com/wp-content/uploads/2024/08/Appendix-D_Site-Inventory.pdf.
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predate AB 1893’s effective date.2 AB 1893 allows Builder’s Remedy projects to include 13% low
income units,3 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.4
The Applicant is hereby electing to convert to Builder’s Remedy 2.0 and include 13% low income
units (37 total units when calculated as a portion of the base maximum density 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.5 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.6
• 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.7
• Builder’s Remedy 2.0 Projects are deemed consistent with all applicable local standards
and plans, and may not be treated as nonconforming uses.8
• 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
2 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
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).
3 Gov. Code §§ 65589.5(d); (h)(3)(C)(i)(III) (as amended by AB 1893).
4 Gov. Code § 65589.5(f)(7)(B) (as amended by AB 1893).
5 Gov. Code § 65589.5(f)(6)(D)(i) (as amended by AB 1893).
6 Gov. Code § 65589.5(f)(6)(D)(ii) (as amended by AB 1893).
7 Gov. Code § 65589.5(f)(6)(E) (as amended by AB 1893).
8 Gov. Code § 65589.5(f)(6)(D)(iii) (as amended by AB 1893).
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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:
o Taking a “final administrative action” (other than a vote) that functions as a project
disapproval;9
o Subjecting a Builder’s Remedy 2.0 to more than five hearings;10
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;11
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.12
• 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).13 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.14
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” =
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 base maximum.
Will the affordability of these units be ensured
for the required period?
9 Gov. Code § 65589.5(h)(6)(A) (as amended by AB 1893).
10 Gov. Code § 65589.5(h)(6)(E) (as amended by AB 1893).
11 Gov. Code § 65589.5(h)(6)(H) (as amended by AB 1893).
12 Gov. Code § 65589.5(h)(6)(D) (as amended by AB 1893).
13 Gov. Code § 65589.5(d) (as amended by AB 1893).
14 Gov. Code § 65589.5(f)(6)(B) (as amended by AB 1893).
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Summary of AB 1893 Criteria Project Consistency
•
or
• At least 10 % “very low income”; or
• At least 13% “low income” ; or
• Project contains 10 or fewer units, on a
site smaller than 1 acre, proposed at
•
affordability of the rental units for 55
years.
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)15 the jurisdiction did not have a
housing element that was in substantial
compliance16 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
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 that each
APN represents to determine the base
maximum density per AB 1893, as follows:
APN 137-08-016 = 30 Mullen + 50% = 45
du/acre + 35 for “high resource” tract = 80
15 Gov. Code § 65589.5(h)(5).
16 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.”).
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Summary of AB 1893 Criteria Project Consistency
density”).
(II) Three times the density allowed by the
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.18
(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.”19
•
x 80 = 3.651 du/acre
APN 137-08-070 = 40 per zoning x 3 = 120
du/acre + 35 for “high resource” tract = 155
du/acre
• 5,103 square feet/113,907 square feet
x 155 = 6.944 du/acre
APN 137-08-077 = 40 per comp plan x 3 =
120 du/acre + 35 for “high resource” tract =
155 du/acre
• 38,058 square feet/113,907
x 155 = 51.788 du/acre
APN 137-08-079 = 30 Mullen + 50% = 45
du/acre + 35 for “high resource” tract = 80
du/acre
• 10,194 square feet/113,907 square feet
x 80 = 7.160 du/acre
APN 137-08-080 = 30 Mullen + 50% = 45
du/acre + 35 for “high resource” tract = 80
du/acre
• 28,350 square feet/113,907 square feet
x 80 = 19.911 du/acre
17 “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).
18 “‘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.
19 See HCD, 2024 CTCAC Opportunity Map (https://belonging.berkeley.edu/final-2024-ctcac-hcd-opportunity-
map).
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Summary of AB 1893 Criteria Project Consistency
du/acre + 35 for “high resource” tract = 80
du/acre
• 16,275 square feet/113,907 square feet
x 80 = 11.430 du/acre
APN 137-08-088 = 30 Mullen + 50% = 45
du/acre + 35 for “high resource” tract = 80
du/acre
• 10,838 square feet/113,907 square feet
x 80 = 7.612 du/acre
3.651 + 6.944 + 51.788 + 7.160 + 19.911 +
11.430 + 7.612 = 108.496 du/acre base
maximum for the Project under AB 1893,
prior to using any State Density Bonus Law
bonus. This yields a 284 unit “base”
maximum.
The affordability requirement for AB 1893 is
a portion of the “base” maximum, making the
13% low income requirement equal to 37
units.
The Project achieves the currently proposed
335 units, because 13% low income units
achieves an up to 24.5% density bonus, and
284 (the base) + 70 (the maximum bonus) =
354 which is greater than the currently
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
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
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Summary of AB 1893 Criteria Project Consistency
density or 1/2 of the “Mullen density,”
whichever is lower.20
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 65913.16.21
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
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.
20“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).
21 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,21 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.21
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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:22
zone 23 coastal zone.
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.”24
farmland of statewide importance by the California
Department of Conservation.25 The Project site is not
zoned or designated for agricultural protection, but
rather is zoned for urban uses and surrounded by
other urban uses.
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.27
fault zone, “unless the development
complies with applicable seismic
protection building code standards
delineated earthquake fault zone.30
22 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.”
23 Gov. Code § 65913.4(a)(6)(A) (as amended by SB 423 (2023)).
24 Gov. Code § 65913.4(a)(6)(B).
25 See https://maps.conservation.ca.gov/DLRP/CIFF/, last accessed April 13, 2025.
26 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)”).
27 Gov. Code § 65913.4(a)(6)(E).
28 California Environmental Protection Agency Cortese List: https://calepa.ca.gov/sitecleanup/corteselist/, last
visited April 12, 2025.
30 See https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcf, last
accessed April 13, 2025.
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AB 1633 Eligibility Criteria Project Consistency
local building department . . ..”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.31
which is not a special flood hazard area.32
has received a no-rise certification.33
an adopted natural community
conservation plan . . ., habitat
conservation plan . . ., or other adopted
natural resource protection plan.”35
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
Federal Endangered Species Act . . .,
the California Endangered Species Act
. . ., or the Native Plant Protection Act
. . ..”36
and surrounded by urban uses, and the vacant portion
of the Project site appears to be regularly mowed,
and is fenced. We do not anticipate the Project site
contains such habitat.
easement.”37 easements recorded on the Project site, based on the
Project’s title report.
29 Gov. Code § 65913.4(a)(6)(F).
31 Gov. Code § 65913.4(a)(6)(G).
32 See https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, last accessed
April 13, 2025.
33 Gov. Code § 65913.4(a)(6)(H).
34 See https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, last accessed
April 13, 2025.
35 Gov. Code § 65913.4(a)(6)(I).
36 Gov. Code § 65913.4(a)(6)(J).
37 Gov. Code § 65913.4(a)(6)(K).
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AB 1633 Eligibility Criteria Project Consistency
severity zone, as determined by the
Department of Forestry and Fire
Protection.”38
Fire Hazard Severity Zone within the State
Responsibility Area as determined by CALFire.39
The project’s parcel(s) is legal and located “within an urbanized area 40 and meets one or
the more of the following criteria . . ..”41
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 21064.3.42
qualifies under one or more other criteria.
area”43 qualifies under one or more other criteria.
. . as of the date of the” application’s
submittal.44
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,”
Community Playing Fields; Grocery Outlet; Barron
Park Elementary School; Cornelis Bol Park; and
likely others. Analysis not required because the
Project qualifies under one or more other criteria –
see row immediately below.
38 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.”).
39 See https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-
zones, last accessed April 13, 2025.
40 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.
41 Gov. Code § 65589.5.1(a)(2).
42 Gov. Code § 65589.5.1(a)(2)(A).
43 Gov. Code § 65589.5.1(a)(2)(B).
44 Gov. Code § 65589.5.1(a)(2)(C).
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AB 1633 Eligibility Criteria Project Consistency
kindergarten to 12th grade.45
3 sides of a 4 sided project site) is
adjoined by urban uses.46
shown on Google Maps.
The project’s density meets the following criteria
per acre.”47 15 du/ac.
“There is substantial evidence in the record that”
•
exemption”48; AND
• That any categorical exemption
sought is not barred by an
49
32 Urban Infill Exemption, see the discussion below.
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.
45 Gov. Code § 65589.5.1(b)(4).
46 Gov. Code § 65589.5.1(a)(2)(D).
47 Gov. Code § 65589.5.1(a)(3).
48 Gov. Code § 65589.5.1(a)(4)(A)
49 Gov. Code § 65589.5.1(a)(4)(B).
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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.”50
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 2.61 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. The vacant portion of the Project Site is regularly mowed
and is surrounded by other urban development.
4. Approval of the project would not result in any significant effects relating to traffic,
noise, air quality or water quality.
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 51:
50 Govt. Code §65589.5(f)(1)(D)(iii).
51 CEQA Guidelines § 15300.2.
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1. The project will not have a significant cumulative impact resulting from “successive
projects of the same type in the same place, over time.”52
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.”53
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.”54
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.”55
The Project has no effect on scenic highways.
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.”56
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.57
52 CEQA Guidelines § 15300.2(b).
53 CEQA Guidelines § 15300.2(c).
54 Walters v. City of Redondo Beach (2016) 1 Cal.App.5th 809, 822-23 (emphasis in the original).
55 CEQA Guidelines § 15300.2(d).
56 CEQA Guidelines § 15300.2(e).
57 California Environmental Protection Agency Cortese List: https://calepa.ca.gov/sitecleanup/corteselist/, last
visited April 12, 2025.
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5. The project will not cause a substantial adverse change in the significance of a historical
resource.”58
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.59
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
58 CEQA Guidelines § 15300.2(f).
59 Gov. Code § 65913.10.
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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
June 6, 2024
Re: Submission of Formal Development Application Under the “Builder’s Remedy”
Provision of the Housing Accountability Act – 3606 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 3606 El
Camino Real (the “Project Site”) in Palo Alto, California (the “City”).1 The project proposes to
redevelop the Project Site with 335 multifamily units (the “Project”), providing high-quality
housing in a contemporary architectural style that will create visual interest and enhance the El
Camino corridor, while contributing 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
1 The Project Site is composed of APNs: 137-08-16, 137-08-88, 137-08-79, 137-08-80, 137-08-81, 137-08-77, 137-
08-70.
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).
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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
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
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).
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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
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:
• (1) 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.
9 Gov. Code § 65589.5(d).
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”).
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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
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
Genna Yarkin
Chelsea Maclean
13 Gov. Code § 65943(a); see also Gov. Code §§ 65940, 65941, 65941.5.
14 Gov. Code § 65943(a).
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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
1
0
8
9
3
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to
Councilmembers 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 “3606 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/3606-El-
Camino-Real
Materials Boards:
Color and material boards will be available to view in chambers during the hearing.
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: April 13, 2026
Report #:2604-6202
TITLE
Approval of City Council Values (as Recommended by Policy & Services Committee), 2026
Objectives, Ad Hoc Purpose Statements, and Committee Workplans (Continued from 3/9/2026
- On March 9, 2026, the Council Received Presentations and Public Testimony; the Item Will
be Continued to April 13 for further Council Deliberation and Action - No Public Testimony
Will be Heard on April 13.)
RECOMMENDATION
Staff recommends that the City Council approve: (c) Ad Hoc Purpose Statements and
Committee Workplans.
BACKGROUND
On March 9, 2026, the City Council considered this item, took action to approve revised Council
values and 2026 City Council Group 1 objectives and voted to continue the item to a date
uncertain for discussion and action on ad hoc purpose statements and committee workplans.
At the March 9, 2026 meeting, City Council heard the staff presentation and public comments.
The original staff report and attachments are available online here (Agenda Item Number 11):
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=18679
ATTACHMENTS
None.
APPROVED BY:
Ed Shikada, City Manager
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CITY COUNCIL
Colleague’s Memo
Sponsor(s): Vice Mayor Stone & Councilmember Reckdahl
Meeting Date: April 13, 2026
TITLE
Colleagues Memo on Mitigating Impacts of Property Aggregation in Residential Districts
ISSUE
In recent years, some Palo Alto neighborhoods have experienced dramatic transformation due
to large-scale real estate aggregation by high-wealth individuals and investment entities. In
some cases, a single owner has acquired more than ten homes within a concentrated area,
investing over $100 million to consolidate parcels into expansive private compounds. These
acquisitions often result in:
Multiyear construction projects that congest neighborhood streets, block driveways,
and generate persistent noise and disruption.
Non-residential uses of residential parcels, such as illegal conversions to private schools
or facilities without a CUP, raise questions about zoning enforcement.
Extended vacancies, with homes left unoccupied during and after construction,
contributing to neighborhood destabilization and limiting housing supply.
Enhanced private security that alter the sense of privacy and community within
surrounding blocks.
Residents in affected neighborhoods describe these changes as fundamentally altering
community character and disrupting the close-knit social fabric that historically defined Palo
Alto’s residential districts. These developments highlight the need for city policies that ensure
neighborhood protections, limit excessive impacts from property aggregation, and safeguard
the availability of housing.
BACKGROUND & DISCUSSION
The aggregation of multiple parcels in low density zones (R-1, R-2, RMD, and RE) has raised
growing concerns about neighborhood livability and community stability. Large-scale
acquisitions often follow a pattern: homes are purchased at above-market rates, taken off the
housing market, and subsequently remodeled, demolished, or consolidated into private
compounds. While these projects may be legally permissible under current zoning, their
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cumulative impacts extend beyond the scope of a single parcel and ripple through the
surrounding community.
Neighborhood Impacts. Residents report that extended construction timelines tied to
aggregated properties disrupt daily life. Multi-year projects can congest streets with staging and
equipment, block driveways, and subject neighbors to ongoing noise and dust. These
disruptions are compounded when the same owner initiates multiple, overlapping projects in
the same vicinity. Additionally, heightened private security associated with such compounds
can create an atmosphere of exclusion and unease, altering the character of traditionally open
and neighborly blocks. When private security guards are not identifiable, it produces the
unsettling situation of unrecognized individuals lingering in residential areas without clear
purpose.
Housing Supply Concerns. Properties within these aggregations are often left vacant for
extended periods, either awaiting redevelopment or maintained as non-primary residences.
This practice reduces the available housing stock in Palo Alto at a time when the city is trying to
accelerate housing production and address affordability concerns. In some cases, aggregated
parcels have been converted to non-residential uses, such as private institutional facilities or
private security offices, raising additional enforcement and zoning concerns.
POLICY RESPONSE
To mitigate these impacts, we recommend the council consider the following recommendations
as a framework in order to address the aforementioned consequences of property aggregation
in our residential neighborhoods.
Aggregation Oversight Overlay
Regulates properties when a single owner (including related LLCs, trusts, other corporate
structures, affiliates, or entities working in concert) acquires three or more parcels located
within a 500-foot radius of the applicant’s real property in low-density zones (R-1, R-2, RMD,
and RE).
Construction Oversight and Compliance Requirements Under the Aggregation Oversight
Overlay
Construction Management and Circulation Plan Requirements
o Any property owner undertaking construction activity subject to the Aggregation
Oversight Overlay that is expected to last more than 180 days within a 1-year
period shall submit a Construction Parking and Circulation Plan to the City as part
of the standard building permit process. The plan shall include, at minimum:
A designated daily mobilization schedule, including permissible
construction delivery and staging hours;
Measures to prevent sidewalk and bicycle lane obstructions, including
explicit prohibitions on double parking, and daylighting zone violations;
and
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Construction-related parking and staging shall be confined to the site’s
frontage along the public right-of-way, unless otherwise authorized by
City staff based on demonstrated need and a plan to mitigate impacts on
surrounding residents. Any such allowances should also support efficient
construction timelines and reduce the overall duration of neighborhood
disruption.
Maximum Construction Duration
o Time. Any construction project undertaken on a property regulated under the
Aggregation Oversight Overlay, including new construction, major remodels, or
phased additions, shall be completed within 24 months from the date of
issuance of the first building permit associated with the project.
o Extensions. The property owner may request an extension of up to 6 months
upon demonstrating to the City that delays were caused by circumstances
outside the owner’s control (e.g., force majeure, documented material
shortages, etc.).
o Violations of Exceeding Time Limit. Failure to complete construction within the
prescribed timeframe, including any authorized extension, shall constitute a
violation of the Aggregation Oversight Overlay, enforceable through the private
right-of-action provisions, and shall also subject the project to standard City code
enforcement actions.
Temporary Moratorium on New Construction and Major Remodels
o Moratorium Period. Following the completion of any construction project with a
duration exceeding 12 months, no new construction project or major remodel
may commence on the same parcel, or any other parcel subjected to the
Aggregation Oversight Overlay, for a period of 36 months, measured from the
date of final inspection or certificate of occupancy.
o Exceptions. The City may authorize an exception to the moratorium only where
necessary to address urgent health and safety conditions, code compliance
deficiencies, or catastrophic property damage beyond the owner’s control (e.g.,
fire, earthquake, flooding). Discretionary improvements, aesthetic upgrades, or
voluntary expansions shall not qualify.
Enforcement
o To ensure compliance with construction-related obligations under the
Aggregation Oversight Overlay, any owner or tenant of real property located
within 500 feet of a regulated parcel shall have standing to bring a civil action as
described in the Private Right-of-Action Enforcement section below.
o Building permits shall not be issued during the moratorium period unless an
exception is authorized by the City.
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Vacancy Restrictions
For all parcels regulated under the Aggregation Oversight Overlay, restrict vacancies
beyond six (6) months per year.
For purposes of this section, “residential purposes” shall mean occupancy by the same
individual or household for at least 183 days within a twelve (12) month period.
Staff has expressed concern that adding new regulations with existing enforcement capacity
could further strain code enforcement personnel and risk frustrating residents if violations go
unaddressed. To address this, this memo directs staff to return with a draft ordinance
establishing a private right-of-action to enhance enforcement of the Aggregation Oversight
Overlay. The ordinance should enable impacted residents to initiate enforcement actions
directly, providing an additional mechanism to ensure compliance where City resources are
limited. The ordinance shall provide that:
Standing
o Any owner or tenant of real property located within 500 feet of a parcel subject
to the Aggregation Oversight Overlay may bring a civil action against the owner
of a regulated parcel for violations of this section.
Available Remedies
o The ordinance shall authorize courts to issue injunctive relief, monetary
penalties, and attorney’s fees for prevailing plaintiffs, as necessary to ensure
compliance.
Notice Requirement
o Prior to filing suit, the complainant shall provide written notice to the City and to
the property owner, allowing a reasonable period for voluntary correction.
Failure by the owner to cure within the specified timeframe shall permit the
complainant to proceed with civil action.
All vehicles used for private security purposes within the City shall display clear and
visible signage or markings identifying them as private security vehicles. In addition, any
company or individual providing private security services shall obtain a City-issued
permit for each vehicle used in such operations.
o Each permit shall include:
An identifiable mark or hang tag issued by the City that must be
prominently displayed on the vehicle at all times while conducting
security patrols or related activities; and
A listing of the specific properties or areas authorized under the permit as
the scope of the security operation.
Private security personnel operating within the City shall, upon request from a member
of the public or law enforcement, clearly identify themselves by stating they are
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permitted by the City to provide private security for the permitted property or area name.
All private security vehicles shall comply with the City’s no-idling ordinance and all
applicable noise and traffic regulations. Failure to maintain visible identification, provide
proper identification upon inquiry, or comply with City ordinances may result in
suspension or revocation of the City-issued permit.
Private security shall in no way harass or intimidate members of the public, or otherwise
imply that public right of ways is private property. Violations may result in suspension or
revocation of the City-issued permit.
RECOMMENDATION
Direct staff to explore a regulatory framework for property aggregation in R-1, R-2, RMD, and
RE zones based on the recommendations in this memo. Staff should return to the Policy and
Services Committee with policy options and analysis of legal and enforcement feasibility.
FISCAL/RESOURCE IMPACT
The proposal would establish a new level of land use regulation that relies on the
principle that ownership in one property would trigger regulatory requirements for
other properties. Staff will need to evaluate options for codifying such regulation. The
City Attorney's Office would be responsible for researching and preparing memoranda
on applicable Constitutional and statutory requirements related to proposed land use
and building restrictions and regulations of private security services. The City Attorney's
Office would also work with Planning and Development Services staff to draft
ordinances and administrative regulations.
Enforcement could also require additional staff resources. The proposed authorization
of a private right of action would reduce, but not completely eliminate, potential
resource impacts. If/when the City receives complaints about potential violations, the
City's Code Enforcement Division would be responsible for investigation. If the proposal
that a private right of action be a primary enforcement method is not accepted,
investigations could present a significant challenge particularly where title to properties
is held by multiple entities. Establishing ownership and/or control under such
circumstances could be complex and difficult. Code enforcement, planning, and legal
staff would also be responsible for responding to questions concerning the new
ordinance and its applicability, which may require some investigative work.
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Existing City regulations enable longer construction timeframes, with a primary goal of
facilitating completion rather than stipulating specified timeframes. Implementation of
the proposed regulations would require setting up a tracking process that does not
currently exist. Setting shorter timeframes as proposed can also reasonably be expected
to generate similar interest in regulating construction activity in other neighborhoods,
which would be a significant undertaking. Should Council wish to proceed with only the
application proposed, this specific direction would help limit the resources required.
The State of California currently retains responsibility for the licensing of private security
service providers. Research will be required to determine the scope of the City’s
discretion to further regulate security company activities, as other municipalities have
done, and any other constraints on City regulation. This includes, for example, the
proposal that security personnel be required to identify themselves to members of the
public. The City Attorney’s Office would be responsible for performing this research and
the Police Department would be responsible for implementing any local regulations.
Should the regulation of security personnel proceed, staff will likely recommend an
outsourced model for permitting, and staff will need to evaluate options and administer
such a program. Police Department staff also observes that if the additional regulations
result in a reduction in private security activities, this could increase calls for service to
the Police Department.
ATTACHMENTS
None.
Report #: 2604-6201
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CITY COUNCIL
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: April 13, 2026
Report #: 2603-6167
TITLE
Semiannual Update on 2000 Geng Road Recreational Vehicle Safe Parking Expansion and
Summary of Financial Needs
RECOMMENDATION
This report is provided for informational purposes only and does not require Council action.
EXECUTIVE SUMMARY
This semiannual update summarizes program activity at the City-owned, County-operated 24-
hour safe parking site at 2000 Geng Road for the period July 1–December 31, 2025 (fiscal year
2026 [FY26], quarters 1 and 2 [Q1 and Q2]). The program provides a safe place for households
sheltering in vehicles and connects participants to services intended to support transitions to
housing. A summary of funding for this program and other Council adopted draws on the same
funding sources is included in this report. This is intended to provide context of the existing
funding options and needs in advance of the FY 2027 Proposed Budget process and any new
proposed draws on these funds.
Similar levels of households served in FY26 Q1 and FY26 Q2 indicate sustained need for safe
parking and service connections in Palo Alto.
BACKGROUND
Safe parking programs provide safe, legal locations where households sheltering in vehicles can
park and access services. Santa Clara County operates a 24-hour safe parking lot on City-owned
land at 2000 Geng Road, which accepts both passenger vehicles and recreational vehicles (RVs).
The site was originally leased to Santa Clara County beginning September 2020.1 The County
contracts with Move Mountain View to operate the program. The lease was amended
1 Council Staff Report, September 14, 2020, Item #9,
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
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September 18, 2023 to extend the term and prioritize Palo Alto–affiliated residents.3 In
response to Council direction (June 18, 2024), the lease was further amended in September
2024 to expand capacity from 12 to 224 vehicles to mitigate displacement impacts related to
Caltrans’ removal of parking on El Camino Real.5 On March 10, 2025, Council approved a
revenue agreement with Santa Clara County through September 2026 for expanded
operations.6 The County funds the original spaces; the City funds the additional spaces at
approximately $266,162 annually. The prior update to Council was an information item on
October 20, 2025.7
8
Program Model
The program is low-barrier9, meaning entry should not require extensive preconditions.
However, participants still must be willing to engage with program expectations and a basic
service plan. A practical standard is that participation requires an acknowledgment of the
program’s housing-focused intent10 and length-of-stay expectations11. If an individual explicitly
states they do not want any housing pathway or do not want to be involved in services at all,
staff may treat that as non-alignment with program purpose, which can limit enrollment or
continued participation—while still offering alternative resources and referrals.
Participants receive case management and individualized plans addressing housing,
employment, and service needs. The site provides showers, kitchen and laundry access, a
children’s library and play area, and access to the Santa Clara County coordinated entry system.
3 Council Staff Report, September 18, 2023,
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3115&meetingTemplateType=2
4 Note, while the agreement allows for expansion of up to 22 total RV spaces, site conditions can accommodate 21
RVs and two passenger vehicles.
5 Council Staff Report, August 19, 2024, Item #100,
6 Council Staff Report, March 10, 2025,
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=6846&meetingTemplateType=2&comp
iledMeetingDocumentId=13423
7 Council Staff Report, October 20, 2025,
https://cityofpaloalto.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=801baf
85-69ba-448c-892a-1fe602a85b13
cmrs/year-archive/2020-2/id-11513.pdf?t=58031.91; lease was included as a supplemental memo,
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2020-2/09142020-item-9-at-places-memo.pdf
9 Low-barrier is defined as an emergency housing model that minimizes requirements for entry to facilitate
immediate access for individuals experiencing homelessness. The core goal is to remove obstacles—such as
sobriety, income, or ID requirements—that often prevent people from seeking shelter, allowing them to enter "as
they are".
10The Santa Clara County Office of Supportive Housing (OSH) provides a comprehensive housing goal sheet that
case managers and clients work together to fill out and submit via a secure online database known as HMIS
(Homeless Management Information System).
11 Length of stay expectations refer to the fact that safe parking is not meant to be a substitution for housing, but a
temporary solution while a “positive solution” is found.
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Eligibility includes living in a vehicle as a primary residence; valid vehicle documentation; and
agreement to program rules and participation in case management20.
ANALYSIS
High-Level Data (FY26 Q1–Q2: July 1–December 31, 2025)
Table #1: Participation
Measure FY26 Q1 (Jul 1 – Sep 30, 2025)FY26 Q2 (Oct 1 – Dec 31, 2025)
Total households served 3021 2522
Total individuals served 43 44
Palo Alto-affiliated households 24 21
Palo Alto-affiliated individuals 37 36
Table #2: Exits 23 (Palo Alto-Affiliated Households)
Measure FY26 Q1 (Jul 1 – Sep 30, 2025)FY26 Q2 (Oct 1 – Dec 31, 2025)
Total exits 5 6
Permanent housing situations 1 (20%)2 (33%)
Temporary stay with family/friends 3 (60%)1 (17%)
Place not meant for habitation 1 (20%)3 (50%)
Table #3: Length of Stay (Palo Alto–Affiliated Households)
Measure FY26 Q1 (Jul 1 – Sep 30, 2025)FY26 Q2 (Oct 1 – Dec 31, 2025)
Average length of stay (days)456 438 (currently enrolled)
Median length of stay (days)312 ---
Avg length of stay for exits (days)Included in Q1 summary 279 (exiting households)
20 Once enrolled, case management intensity may vary depending on acuity and participant needs, typically with a
consistent minimum standard of engagement and documentation. Examples include use of a housing goal sheet
and tracking service transactions.
21 Total number of households above the number of spaces can be explained by clients moving on from the
program. One space may be filled by one household for half the quarter and another household might be served
for the second quarter.
22 Total household decrease can be explained by higher length of stay and a lack of affordable housing options for
clients to move into.
23In Santa Clara County, an exit from homelessness is defined primarily as a move from an unstable, temporary, or
unhoused situation into permanent housing.
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Program Utilization28
Prior reporting indicated utilization at or above 100% prior to expansion and 100% utilization
achieved by June 2025 following expansion.
Table #4: Geng Rd. Utilization
Date Number of Vehicles Vacancies Occupancy Rate
July 2025 20 3 87%
August 2025 23 0 100%
September 2025 23 0 100%
October 2025 23 0 100%
November 2025 23 0 100%
December 2025 23 0 100%
Table #5: Intakes
Date Applications Approved Waitlist Not Eligible 29
July 2025 11 -1 9
August 2025 11 2 4 6
September 2025 12 1 4 8
October 2025 8 2 4 4
November 2025 7 -4 4
December 2025 10 -6 6
Waitlist
When program capacity is reached, the program maintains an interest list30 (or waitlist) as a
holding stage for prospective participants. The interest list functions as a structured “pipeline”
to ensure that people who are not immediately able to enroll can still be tracked, contacted,
and prepared for rapid entry when space opens. An intake team manages this list and works
through it in order of the program’s established prioritization criteria, initiating outreach when
a bed/space becomes available and confirming that the person still wants placement and can
meet basic entry requirements. As outlined in the table, as of December 31, 2025, there were
six households on the waitlist.
28 Utilization refers to the participants use the of program.
29 There are many reasons that a RV may not be eligible, including and not limited to; lack of proper
documentation (registration, insurance etc.), size of trailer (Genge does not accept RVs over 30Ft), etc.
30 Geng Rd. interest list is facilitated through direct referral through an online portal.
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Operationally, it’s common for interest lists to shrink naturally over time—some people will
“drop off” if they learn the wait will be lengthy, if they self-resolve, or if they choose another
option.
Service Connections
System Context
FISCAL/RESOURCE IMPACT
Table #6: City’s Financial Obligation and Costs to Date
Total Maximum Financial Obligation Costs Through December 31, 2025
Operational Costs $392,849 $214,282
Utility Charges $55,000 $23,517
TOTAL $447,849 $237,799
34 is appropriated through the FY 2026 Adopted Budget. Future
funding remains subject to Council approval. Both the contract for the expanded operations
and the contract that allows the County to lease the site for safe parking are due to expire in
September 2026. Staff have identified constraints with ongoing resources for the expanded safe
parking specifically and other homelessness initiatives more generally.
34 For reference, the County funds the original spaces and the City funds the expanded spaces, approximately
$266,162 annually.
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Permanent Local Housing Allocation (PLHA) funding from the State is restricted to
particular named uses. The City must submit a five-year plan describing how it will
spend PLHA. Our current five-year plan sets aside a portion of the funds explicitly for
“Activity 6” assisting persons who are experiencing or at risk of homelessness, including
supportive/case management services. Other efforts that PLHA funds are expended on,
besides supportive/case management services for expanded Geng Road operations, are
the Homeless Outreach Team and affordable housing.
The PLHA funds vary each year because they are based on the number of real estate
transactions occurring in a jurisdiction. Recent years have trended downward.
Additionally, there are new formula requirements for the next PLHA five-year plan
which will reduce the amount of the overall award which can go to Activity 6.
Business Tax funding which has allocations specifically for “housing affordability”.
Business Tax funds are expended on a variety of efforts, including the San Antonio Road
Area Plan, Palo Alto Homekey Operations, the rental registry program, oversized vehicle
phased approach, and Geng Road Safe Parking expansion operations. While fund
balances can support this current mix of expenses, and even cover some of the
anticipated deficits (e.g., due to less PLHA funding), it would leave a very limited amount
for any other purposes. This can be seen in the following table.
Table 7 provides a summary of the existing funding of current programs that pull from funds
restricted to affordable housing and homelessness (i.e., PLHA and Business Tax) and projects
how those programs could be funded going forward. It does not include consideration of
proposed new programs and initiatives (e.g., an oversized vehicle pilot program) that could also
draw on these funds.
Table 7: Identifying Potential Funding Constraints
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
PLHA Allocations (Total)$231,496 $359,817 $395,967 $208,383 $159,718
Homeless Outreach Team $138,898 $215,890 $237,580 $125,030 $95,831
Geng Road Safe Parking
Case Management
n/a $71,963 $79,193 $41,677 $31,944
Affordable Housing*$46,299 $71,963 $79,193 $41,677 $31,944
Typical Services Expensesa
Homeless Outreach Team ($164,682)($185,218)($226,301)($236,076)($243,158)
Geng Rd Safe Parking
Exp. Ops - Case
Management
n/a ($31,616)($75,682)($77,952)($80,291)
Difference
Homeless Outreach Team ($25,784)$30,672 $11,279 ($111,046)($147,327)
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Geng Rd Safe Parking
Exp. Ops - Case
Management
n/a $40,347 $3,511 ($36,276)($48,347)
TOTAL ($25,784)$71,020 $14,790 ($147,322)($195,675)
Business Tax Uses (Housing Affordability)
Revenues $1,651,295 $1,981,933 $2,035,983 $2,091,467
Existing Expensesb
San Antonio CAP ($183,907)($1,216,093)($700,000)n/a
Homekey Operations n/a n/a n/a ($1,000,000)
Geng Rd Safe Parking Exp. Ops. Thru 9/26c ($71,611)($191,000)
Rental Registry n/a ($60,000)($63,000)($66,150)
Oversized Vehicle – admin/implementation n/a ($157,000)($251,200)d ($167,467)
Proposed (if used to fill funding gaps)
Geng Rd Safe Parking Exp. Ops. – Case
Management
($36,276)($48,347)
Homeless Outreach Team ($111,046)($147,327)
Geng Rd Safe Parking Exp. Ops.($196,730)($202,632)
Difference
TOTAL $1,395,777 $357,840 $677,731 $459,544
a For FY24-26, these are the total expenses the City is incurring. For FY27 onward, should the City continue to
support these programs, these are the total projected expenses.
b These are the expenses anticipated in the adopted budget through FY26 and projected for the long-range
financial forecast in future years.
c The current approved budget and contract end on September 15, 2026.
d There was an administrative error when the oversized vehicles administration and implementation was
originally costed for the October 20, 2025 Council item. The proposed amounts in FY27 and FY28 correct that
error.
These funding constraints and policy choices will be made during the annual budget process in
the coming weeks.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement continues to include regular and as-needed meetings between
partners (i.e., Santa Clara County Office of Supportive Housing, Move Mountain View).
Additionally, City staff meets monthly with external stakeholders (e.g., the RV Dwellers group
consisting of service providers, City staff, a representative of Stanford University, a
representative from Palo Alto Unified School District, members of the faith-based community,
people from the philanthropic community, and others who meet monthly and as-needed to
discuss and share information relation to Palo Altans living in their vehicles) and bimonthly
with other cities to review progress and discuss updates related to homelessness in general, as
well as safe parking.
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ENVIRONMENTAL REVIEW
This report is for informational purposes only with no action required by the Council and is
there not a project subject to CEQA review.
None.
:
Ed Shikada, City Manager
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Item No. 8. Page 1 of 2
City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director
Meeting Date: April 13, 2026
Item Number: 8
Report #:2604-6226
TITLE
PUBLIC HEARING / QUASI-JUDICIAL. 3606 El Camino Real [24PLN-00162 & 25PLN-00243]:
Request for Approval of Applications for Major Architectural Review and Vesting Tentative Map
to Merge Seven Existing Parcels to Create a 113,907-Square-Foot Parcel and to Construct a
Seven-Story, Multi-Family Residential Housing Development Project with 321 Units, Thirteen
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 Pursuant to Assembly Bill 130 (Public Resources Code Section 21080.66).
RECOMMENDATION
Staff recommends that Council consider the additional information provided in this report,
including the revised Draft Record of Land Use Action.
BACKGROUND
This supplemental memo transmits an updated Attachment B: Draft Record of Land Use Action,
reflecting revised stormwater-related conditions of approval and ensuring consistency between
materials submitted to the City. Following agenda publication, staff coordinated with the
applicant to address outstanding drainage issues associated with the Vesting Tentative Map
(VTM). Due to the expedited timelines under Assembly Bill 130, there was insufficient time to
fully resolve the proposed stormwater infrastructure during project review.
The applicant‘s proposed stormwater improvements caused concerns for staff over increased
public maintenance burdens. In February 2026, the applicant coordinated with City staff to
resolve several of these concerns. Those updates are reflected in the Architectural Plan set
submitted on February 26, 2026, but are not included in the February 3, 2026, VTM plans.
Accordingly, conditions of approval have been incorporated into Section 8 of the Revised
Record of Land Use Action to require that the Final Map reflect the revisions shown in the most
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Item No. 8. Page 2 of 2
recent Architectural Review Plans as well as additional outstanding items related to off-site
drainage improvements.
ATTACHMENTS
APPROVED BY:
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1
DRAFT ACTION NO. 2026-__
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION
FOR 3606 EL CAMINO REAL: MAJOR ARCHITECTURAL REVIEW AND VESTING TENTATIVE MAP
[24PLN-00162 & 25PLN-00243]
On _________, 2026, the City Council of the City of Palo Alto (“City Council”) approved a
Major Architectural Review application and Vesting Tentative Map for development of 321
residential rental units (“the project”). In approving the application, Council makes the
following findings, determinations, and declarations:
SECTION 1. Background.
A. On February 15, 2024, Camino Real Development LLC & Kendall Investors,
LLC 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 June 10, 2024, Camino Real Development LLC & Kendall Investors filed an
Architectural Review application (24PLN-00162) for construction of a 321 rental unit residential
project. In addition, Camino Real Development LLC & Kendall Investors filed an application for a
Vesting Tentative Map (25PLN-00243) on September 9, 2025, to merge seven existing lots to
create a single resulting 113,907-square-foot parcel (2.62 acres). The project includes 284 base
units and 37 density bonus units, for a total of 321 units, as well as 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: Build-to-lines (90% of frontage built to setbacks where a maximum
50% along El Camino Real is required)
Waiver 2: Upper Story Step Back (None proposed where a 10-foot step-back
above 55 feet in height is required)
Waiver 3: Lot Coverage (83% where maximum 80% is allowed)
Waiver 4: Rear setback (11 feet - 15 feet where a minimum 16 feet is required)
Waiver 5: Rear and Side Daylight Plane (None provided where 10 feet at lot
line then 45-degree angle is required)
Waiver 6: Housing typologies (More than two-acre lots are required to
provide a minimum of three housing types)
C. The project site is comprised of seven existing lots: APN No. 137-08-088,
approximately 10,838 square feet, developed with a commercial use; APN No. 137-08-016,
approximately 5,199 square feet, an undeveloped parcel; APN No. 137-08-079, approximately
10,194 square feet, developed with a commercial use; APN No. 137-08-080, approximately
28,350 square feet, an undeveloped parcel; APN No. 137-08-077, approximately 38,058 square
feet, developed with a multi-family residential use; APN No. 137-08-070, approximately 5,103
square feet, developed with a multi-family residential use; APN No. 137-08-081, approximately
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Draft Record of Land Use
Action (4.8.26)
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16,275 square feet, developed with a commercial and residential use. 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.
D. Following staff review, the Architectural Review Board held a duly noticed
public hearing to review the Major Architectural Review application at hearing on October 16,
2025, to provide feedback on the design.
E. Following staff review, the Planning and Transportation Commission
reviewed the Vesting Tentative Map and recommended denial on February 11, 2026, with
Council to consider the following:
Project and cumulative traffic safety analysis;
Sidewalk easements;
Relocating ingress/egress to improve pedestrian and bicycle safety and reduce
congestion near El Camino Real intersections; and
Incorporating portions of the site for a bike path.
F. 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.
G. The project site includes parcels in the City’s 2023-2031 Housing Element
Site Inventory, with a projected capacity of 6 very low income units, 6 low income units, 8
moderate income units, and 17 above-moderate income units. The project will provide 37 low
income units and 284 above-moderate income units. Following approval of the project, the
remaining sites in the Site Inventory will be insufficient to meet the remaining Regional Housing
Needs Assessment (RHNA) for moderate income units.
H. Including the proposed project, the remaining RHNA and remaining capacity
at each income level will be approximately:
Lower Moderate Above Moderate
Remaining RHNA 1,957 899 21
RHNA Credits 598 182 515
Remaining Site
Inventory Capacity 1,825 614 1,902
Surplus/Deficit 466 -103 2,396
I. In accordance with Government Code Section 65863, the City shall, within
180 days, identify and make available additional adequate sites to accommodate the remaining
RHNA at the moderate income level.
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SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined
the project is exempt from California Environmental Quality Act (CEQA) in accordance with AB
130 [Public Resources Code section 21080.66]. Documentation to support the streamlined
review is available as part of the public record on file with the Planning and Development
Services Division.
Section 3. Architectural Review Findings. In order to make a recommendation of approval, the
project must comply with the following Findings for Architectural Review as required in Chapter
18.76.020 of the PAMC.
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.
A summary of the project’s consistency with the Comprehensive Plan is provided in this
table. Because the project is a “builder’s remedy project,” as defined in Gov. Code
section 65589.5(h)(11), and in accordance with Gov. Code section 65589.5(f)(6)(A), the
project is required to comply only with objective, quantifiable, written development
standards, conditions, and policies that would have applied to the project had it been
proposed on a site with a general plan designation and zoning classification that allow
the density and unit type proposed by the applicant. Moreover, in accordance with Gov.
Code section 65589.5(f)(6)(D)(iii), a project that complies with such objective standards,
conditions, and policies “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.”
Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
The Comprehensive Plan land use designations
for the project site are Service Commercial
(CS), Neighborhood Commercial (CN), and
Multiple-Family Residential (MF) which
allow multifamily housing in specific locations.
The project site includes seven parcels with
varying Comprehensive Plan land use
designations, including Service Commercial,
Neighborhood Commercial, and Multiple-
Family Residential designations. Four of the
seven parcels on which the proposed project
would be located are identified as housing
inventory sites. The project adheres to the
Comprehensive Plan by providing housing on
these opportunity sites. The proposed multi-
family use is allowed within this land use
designation.
Housing Element
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Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
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 rental
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
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 321
rental units, and 13 percent of the base 284
units (excluding density bonus units) would be
provided at a rate affordable to low-income
households or below. This would add 37 low
income rental units to the City’s BMR housing
stock.
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.
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Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
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 Matadero Avenue,
the project proposes two new street trees,
alongside Kendall Avenue five new street trees,
and four new trees alongside El Camino Real,
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
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.
Parking would be screened behind the first
floor amenity spaces alongside El Camino Real
with the parking garage entrance located along
Matadero Avenue and Kendall Avenue. Further,
391 parking 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 and plantings along Matadero Avenue,
Kendall Avenue, and El Camino Real.
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 129 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.
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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
and enjoyed.
The project includes outdoor seating areas,
dining areas, and one pool.
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 a lobby facing El Camino
Real. The leasing entrance facing Matadero
Avenue and secondary entrance alongside
Kendall Avenue are 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, cast stone,
marble, brick, glass, and metal in a
composed design.
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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:
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 adjacent to El Camino Real located on Matadero Avenue
and Kendall Avenue to promote walkability and connectivity. Cars enter the garage on
Matadero Avenue and Kendall 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.
The proposed project is consistent with the findings to provide high quality materials and
finishes in a neutral color palette. The building will have residential amenity spaces on the first
floor with a majority of those spaces utilizing glazing, which helps to engage the sidewalk.
While the project at 82 feet in height exceeds surrounding development, the project complies
with the height limits within the El Camino Real Focus Area and deviates from the objective
standards in a manner consistent with state law.
3. The design is of high aesthetic quality, using high quality,
integrated materials and appropriate construction techniques, and incorporating
textures, colors, and other details that are compatible with and enhance the surrounding
area.
The project is consistent with Finding #3 because:
The project proposes a contemporary style that is recognizable along the El Camino corridor
overall and aligns with the recent residential development to the north of the project site. The
project uses materials such as stucco, cast stone, marble, brick, glass, and metal railings on the
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balconies and metal awnings. As conditioned, the stucco surfaces will be a smooth finish
texture. The proposed colors are neutral and are compatible with surrounding color schemes.
The project is located within an area subject to the adopted El Camino Design Guidelines and
South El Camino Real Guidelines and is consistent with objective standards set forth in these
guidelines.
4. The design is functional, allowing for ease and safety of pedestrian and bicycle traffic
and providing for elements that support the building’s necessary operations
(e.g. convenient vehicle access to property and utilities, appropriate arrangement and
amount of open space and integrated signage, if applicable, etc.).
The project is consistent with Finding #4 because:
The design of the new building includes wider sidewalks on El Camino Real, new sidewalks
where none currently exist on Matadero and Kendall Avenues, and does not provide any new
curb cuts along El Camino Real, which would have otherwise created additional points of
conflict with the existing bicycles lanes. The entrances to the parking garage are consistent with
both objective standards set forth in the City’s municipal code Ch. 18.24 as well as best
practices for roadway engineering design. Introducing or expanding curb cuts directly along an
arterial corridor, particularly a state freeway, creates additional turning conflicts, reduces traffic
flow efficiency, and increases safety risks for cyclists and motorists, especially given the newly
installed bicycle lanes along the project’s El Camino Real frontage. Additionally, there will be
280 bike lockers and, as conditioned, short-term bike rack spaces provided in accordance with
California Green Building Standards Code. By providing increased bicycle infrastructure, the
project will improve existing conditions. There are both common and private open spaces
available, including private decks for a majority of rental units.
5. The landscape design complements and enhances the building design and its
surroundings, is appropriate to the site’s functions, and utilizes to the extent practical,
regional indigenous drought resistant plant material capable of providing desirable
habitat that can be appropriately maintained.
The project is consistent with Finding #5 because:
The project will provide a variety of drought-tolerant planting, including plantings selected from
a California native palette. The selected varieties of trees would provide appropriate habitat for
wildlife as a part of a bigger neighborhood and community wide system. Additional landscaping
is provided on the terraces of the building.
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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:
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.
SECTION 4. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a
Subdivision 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:
There is no adopted specific plan for this project site. The site is consistent with the
Comprehensive Plan as described below.
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
project includes 321 Units, 37 of which would be provided at a rate affordable to low income.
The project improves the city’s jobs housing imbalance, consistent with the Transportation
Element’s goals and policies. Because the project is a “builder’s remedy project,” as defined in
Gov. Code section 65589.5(h)(11), and in accordance with Gov. Code section 65589.5(f)(6)(A),
the project is required to comply only with objective, quantifiable, written development
standards, conditions, and policies that would have applied to the project had it been proposed
on a site with a general plan designation and zoning classification that allow the density and
unit type proposed by the applicant. Moreover, in accordance with Gov. Code section
65589.5(f)(6)(D)(iii), a project that complies with such objective standards, conditions, and
policies “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.”
3. That the site is not physically suitable for the type of development:
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The Project site is suitable for multi-family residential development in that the majority of the
parcels are identified as Housing Inventory Sites in the Housing Element. The project is also
located within the City’s El Camino Real Focus Area, an area identified for high density housing
within the City. The proposed parcel meets the minimum code requirements for the CN, CS,
RM-30, and RM-40 zone districts with respect to lot area, width, and depth. The proposed
number of apartment units created on the resulting parcel complies with the applicable
densities set forth in the land use element and zoning code, consistent with the focus area
standards. In addition, as noted above, the project is proposed pursuant to the “builder’s
remedy” of the Housing Accountability Act (Government Code section 65589.5) and is
consistent with the standards set forth therein.
4. That the site is not physically suitable for the proposed density of development:
The proposed improvements include a total of 321 multi-family residential units and results in
128 dwelling units per acre (DU/AC) across the resulting parcel. Because the site area is
comprised of several lots, there are varying zoning designations across these lots, including
portions zoned CN, CS, RM-30, and RM-40. In December 2023, the City Council adopted the El
Camino Real Focus Area which established a local alternative to State Density Bonus Law along
four properties on El Camino Real between Page Mill Road and Matadero Avenue. In
accordance with the Housing Element Implementation, several additional sites were added to
the El Camino Real Focus Area in July 2025, including the subject property.
While the zoning code does not set a maximum density for projects on El Camino Real, the
improvements are consistent with the density, floor area, and height allowances for sites within
the Focus Area. Therefore, the project is physically suitable for the parcel. In addition, the
project is proposed pursuant to the “builder’s remedy” of the Housing Accountability Act
(Government Code section 65589.5) and is consistent with the densities permitted therein.
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:
The project is located within the built environment that does not contain quality habitat for fish
or other wildlife on the site or within the vicinity of the site. The nearest stream is a portion of
Matadero Creek approximately 300 feet northwest from the project site. The adopted Palo Alto
2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and plant species
within the Palo Alto quadrangle, a large geographic area that includes the urban portions along
the bay and within the foothills, based on information in the California natural Diversity
Database (CNDDB). Based on this map, and the urban nature of the site, the subject property
does not contain any habitat for endangered, rare, or threatened species.
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6. That the design of the subdivision or type of improvements is likely to cause serious
public health problems:
The record indicates that insufficient information has been provided to fully demonstrate that
the project would not create safety risks for bicyclists and pedestrians, including along safe
routes to school. Specifically, a traffic analysis has not yet been conducted for the site.
Cumulative impacts from proposed projects in the vicinity, including the project at 3400 El
Camino Real across Matadero Avenue, have not been evaluated.
Notwithstanding this inconsistency, the deviation is permitted under applicable State law,
which limits the City’s ability to deny based on such impacts. The proposed multi-family use
would not include use or storage of hazardous materials and the use is located within the urban
environment adjacent to other commercial uses. The site is not located on a hazardous waste
site pursuant to government code 65962.5. However, a portion of the site was previously a
gasoline service station that had its underground storage tanks removed and issued a Fuel Leak
Site Case Closure letter on July 23, 1997. Additional cleanup of the site for residential uses per
standard requirements will be included in the conditions of approval for the proposed
improvements.
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
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 easements for access through, or use of, the
property. New public utility easements will be provided to existing and proposed electrical
utilities as part of this subdivision map as required in accordance with City of Palo Alto Utilities
standards. New public access easements will be provided to provide the 12-foot effective
sidewalk width along El Camino Real, consistent with project plans and City requirements.
SECTION 5. 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 8 of this Record of Land Use Action.
SECTION 6. 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 Kier+Wright
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titled “VESTING TENTATIVE MAP” consisting of eleven pages, dated and submitted February 3,
2026, except as modified to incorporate the conditions of approval in Section 8. 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 7. Conditions of Approval Architectural Review.
Planning
1. CONFORMANCE WITH PLANS. Construction and development shall be in substantial
conformance with the approved plans entitled, "3606 El Camino Real – Major Architecture
Review” uploaded to the Palo Alto Online Permitting Services Citizen Portal on February 2,
2026, as modified by these conditions of approval.
2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of provided
for in this letter. A copy of this cover letter and conditions of approval shall be printed on
the second page of the plans submitted for building permit.
3. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a Builder’s Remedy
project, as defined in AB 1893, and is providing thirteen percent of the proposed 284 base
units at prices affordable to lower income households. This also represents an alternative
means of compliance with the City’s inclusionary housing requirement stated in Palo Alto
Municipal Code Chapter 16.65. The applicant shall execute and record a BMR regulatory
agreement in a form satisfactory to the City Attorney. 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.
4. RENTER PROTECTIONS. The project is subject to the renter protection requirements set
forth in PAMC Section 9.68.060 for no fault evictions for rental properties with more than
10 units. This includes either rental fee waiver for the last month or relocation assistance
as detailed in the municipal code. Notification requirements in accordance with the code is
required. Documentation showing compliance with these code requirements must be
provided to the project planner prior to issuance of a demolition/deconstruction permit.
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5. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for
review and approval prior to construction. If during the Building Permit review and
construction phase, the project is modified by the applicant, it is the responsibility of the
applicant to contact the Planning Division/project planner directly to obtain approval of the
project modification.
6. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set
prior to occupancy and shall be permanently maintained and replaced as necessary.
7. STANDARD CONDITION FOR VAPOR INTRUSION. For projects which are known to be subject
to risk of vapor intrusion, the applicant shall assess site conditions to determine both the
nature and extent of contamination. If contamination at the site exceeds the most current
environmental screening levels (ESLs) identified by the Regional Water Quality Control
Board (RWQCB) for volatile organic compounds, the applicant shall prepare and submit a
Site Management and Contingency Plan (SMCP) to either the Department of Toxic
Substances Control (DTSC), RWQCB, or the County of Santa Clara Department of
Environmental Health for approval. The SMCP shall include details regarding the pending
development and propose remediation and/or mitigation to address any environmental risk
identified in the site assessment. The applicant shall agree to and implement all
recommendations of the reviewing regulatory agency approving the SMCP in order to
reduce the exposure of future occupants to vapor intrusion. A copy of the approved SMCP
shall be submitted to the Director of Planning prior to issuance of a building permit. If the
reviewing agency requires that a vapor intrusion barrier system be installed, the VIMs shall
be document in the building permit plan set prior to issuance of the building permit.
Post construction indoor air monitoring shall be conducted for any VIMS systems and shall
comply with the specific recommendations set forth by the regulatory agency approving the
SMCP.
8. STANDARD CONDITION NESTING BIRD SURVEY. 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
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longer reliant on the nest). A report documenting any data recovered during monitoring
shall be prepared by a qualified biologist and submitted to the Director of Planning prior to
final planning inspection.
9. CULTURAL SENSITIVITY TRAINING. Prior to issuance of any grading permit, the project
applicant shall be required to submit evidence that a Cultural Awareness Training program
has been provided to construction personnel. The training shall be facilitated by a qualified
archaeologist in collaboration with a Native American representative registered with the
Native American Heritage Commission for the City of Palo Alto and that is traditionally and
culturally affiliated with the geographic area as described in Public Resources Code Section
21080.3.
10. SUB-SURFACE MONITORING. Prior to issuance of any tree removal, grading, demolition,
and/or building permits or activities, the applicant shall notify the Director of Planning, of
grading and construction dates and activities that require a qualified archeologist and
Native American monitor to be present on the project site. The City shall then notify the
tribe via e-mail correspondence 10 days prior to any grading or construction activities. If the
tribe chooses not to send a monitor or does not respond within the 10 days, work shall
continue without the monitor.
11. ARCHEOLOGICAL AND CULTURAL MONITORING. A qualified archaeologist and a Native
American monitor, registered with the Native American Heritage Commission for the City of
Palo Alto and that is traditionally and culturally affiliated with the geographic area as
described in Public Resources Code Section 21080.3, shall be present during earthmoving
activities including, trenching, initial or full grading, scraping or blading, lifting of
foundation, boring, drilling, or major landscaping. The qualified archaeologist and Native
American monitor shall have the authority to halt construction activities within 50 feet of a
discovery in the event any cultural materials are encountered during ground-disturbing
construction activities. The qualified archeologist and Native American monitor shall keep a
daily monitoring log on days that monitoring occurs documenting construction activities
that were monitored, location of the monitoring, and any cultural materials identified.
These daily monitoring logs shall be made available to the City upon request.
12. ARCHEOLOGICAL AND CULTURAL TREATMENT PLAN. In the event any significant cultural
materials are encountered during construction, construction within a radius of 50 feet of
the find would be halted, the Director of Planning shall be notified, and the on-site qualified
archaeologist, in collaboration with the Native American Monitor, shall examine the find
and make appropriate recommendations regarding the significance of the find and the
appropriate treatment of the resource.
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The qualified archeologist in collaboration with a Native American monitor, registered with
the Native American Heritage Commission for the City of Palo Alto and that is traditionally
and culturally affiliated with the geographic area as described in Public Resources Code
Section 21080.3, shall prepare and implement a treatment plan that reflects permit-level
detail pertaining to depths and locations of excavation activities. The treatment plan shall
contain, at a minimum:
a. Identification of the scope of work and range of subsurface effects (including
location map and development plan), including requirements for preliminary
field investigations.
b. Description of the environmental setting (past and present) and the
historic/prehistoric background of the parcel (potential range of what might be
found).
c. Monitoring schedules and individuals.
d. Development of research questions and goals to be addressed by the
investigation (what is significant vs. what is redundant information).
e. Detailed field strategy to record, recover, or avoid the finds and address research
goals.
f. Analytical methods.
g. Report structure and outline of document contents.
h. Disposition of the artifacts.
i. Security approaches or protocols for finds.
j. Appendices: all site records, correspondence, and consultation with Native
Americans, etc.
The treatment plan shall utilize data recovery methods to reduce impacts on subsurface
resources. The treatment plan must be reviewed and approved by the Director of Planning,
or the Director’s designee prior to implementation of the plan.
13. ARCHEOLOGICAL AND CULTURAL EVALUATION. The project applicant shall notify the
Director of Planning, Native American Monitor, and Archeological Monitor, of any finds
during grading or other construction activities. Any historic or prehistoric material identified
in the project area during excavation activities shall be evaluated for eligibility for listing in
the California Register of Historic Resources as determined by the California Office of
Historic Preservation. Data recovery methods may include, but are not limited to, backhoe
trenching, shovel test, hand augering, and hand-excavation. The techniques used for data
recovery shall follow the protocols identified in the approved treatment plan. Data recovery
shall include excavation and exposure of features, field documentation, and recordation. All
documentation and recordation shall be submitted to the Northwest Information Center,
and the Director of Planning.
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14. UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL AND TRIBAL CULTURAL
RESOURCES. If human remains are found, the State of California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the County Coroner has
made a determination of origin and disposition pursuant to Public Resources Code Section
5097.98. In the event of an unanticipated discovery of human remains, the County Coroner
must be notified immediately. If the human remains are determined to be of Native
American origin, the Coroner will notify the Native American Heritage Commission, which
will determine and notify a most likely descendant (MLD). The MLD has 48 hours from being
granted site access to make recommendations for the disposition of the remains. If the MLD
does not make recommendations within 48 hours, the landowner shall reinter the remains
in an area of the property secure from subsequent disturbance.
15. In accordance with Mitigation measure Air 2a of the Comprehensive Plan EIR, these BMPs
shall be implemented during all demolition, grading, and construction activities to reduce
construction-related particulate emissions:
a. Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day or covered.
b. Haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. Visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. Vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
e. Roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Chapter13, Section 2485 of California
Code of Regulations [CCR]). Clear signage explaining this rule shall be provided
for construction workers at all access points.
g. Construction equipment shall be maintained and properly tuned in accordance
with the manufacturer’s specifications. Equipment shall be checked by a
certified mechanic and determined to be running in proper condition prior to
operation.
h. A publicly visible sign shall be posted with the telephone number and name of an
individual working for the construction contractor who can be contacted
regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The BAAQMD’s phone number shall also be visible to ensure
compliance with applicable regulations.
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16. NOISE MITIGATION IN CONFORMANCE WITH COMPREHNSIVE PLAN POLICY N6.11.1 AND
MITIGATION MEASURE NOISE-8 IN THE COMPREHENSIVE PLAN EIR. Noise control measures
would include, but not be limited to, the following BMPs that would further decrease the
project’s noise impacts during construction:
The contractor shall use “new technology” power construction equipment with
state-of-the art noise shielding and muffling devices. All internal combustion engines
used on the project site shall be equipped with adequate mufflers and shall be in
good mechanical condition to minimize noise created by faulty or poorly maintained
engines or other components.
The unnecessary idling of internal combustion engines shall be prohibited.
Staging areas and stationary noise-generating equipment shall be located as far as
possible from noise-sensitive receptors such as residential uses (a minimum of 200
feet)
The surrounding neighborhood shall be notified early and frequently of the
construction activities.
A “noise disturbance coordinator” shall be designated to respond to any local
complaints about construction noise. The disturbance coordinator would determine
the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.)
and institute reasonable measures warranted to correct the problem. A telephone
number for the disturbance coordinator would be conspicuously posted at the
construction site.
Utilize ‘quiet’ models of air compressors and other stationary noise sources where
technology exists.
Equip all internal combustion engine-driven equipment with mufflers, which are in
good condition and appropriate for the equipment.
Construct temporary noise barriers, where feasible, to screen stationary noise-
generating equipment when located within 200 feet of adjoining sensitive land uses.
Temporary noise barrier fences would provide a 5dBA noise reduction if the noise
barrier interrupts the line of- sight between the noise source and receptor and if the
barrier is constructed in a manner that eliminates any cracks or gaps.
If stationary noise-generating equipment must be located near receptors, adequate
muffling (with enclosures where feasible and appropriate) shall be used. Any
enclosure openings or venting shall face away from sensitive receptors.
Ensure that generators, compressors, and pumps are housed in acoustical
enclosures.
Locate cranes as far from adjoining noise-sensitive receptors as possible.
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During final grading, substitute graders for bulldozers, where feasible. Wheeled
heavy equipment are quieter than track equipment and should be used where
feasible.
Substitute nail guns for manual hammering, where feasible.
Substitute electrically powered tools for noisier pneumatic tools, where feasible.
Prior to building permit issuance the contractor shall prepare a detailed construction
plan identifying the schedule for major noise-generating construction activities. The
construction plan shall identify a procedure for coordination with adjacent
residential land uses so that construction activities can be scheduled to minimize
noise disturbance.
17. NOISE MITIGATION IN CONFORMANCE WITH COMPREHNSIVE POLICY N6.11.1 AND
MITIGATION MEASURE NOISE-5a IN THE COMPREHENSIVE PLAN EIR. The project proponent
shall implement a construction vibration monitoring plan to document conditions prior to,
during, and after vibration generating construction activities for the adjacent residential
uses. All plan tasks shall be undertaken under the direction of a licensed Professional
Structural Engineer in the State of California and be in accordance with industry-accepted
standard methods. The construction vibration monitoring plan shall be submitted to the
City prior to issuance of a Grading or Building Permit and shall include, but not be limited to,
the following measures:
The report shall include a description of measurement methods, equipment used,
calibration certificates, and graphics as required to clearly identify vibration-
monitoring locations.
A list of all heavy construction equipment to be used for this project and the
anticipated time duration of using the equipment that is known to produce high
vibration levels (clam shovel drops, vibratory rollers, hoe rams, large bulldozers,
caisson drillings, loaded trucks, jackhammers, etc.) shall be submitted to the Director
of Planning and Development Services or Director’s designee of the Department of
Planning & Development by the contractor. This list shall be used to identify
equipment and activities that could exceed the 0.3 PPV threshold at the adjacent
residential uses based on the planned equipment, location, and duration of use.
Where project construction activities may be anticipated to exceed the threshold,
the applicant shall provide a plan to show how levels would be reduced by phasing
activities that are known to cause excessive vibration, utilizing alternative
equipment, and/or reducing the time period that the equipment is being used.
Where possible, use of the heavy vibration-generating construction equipment shall
be prohibited within 20 feet of the adjacent residential uses.
o Smaller equipment (less than 18,000 pounds) must be used near the
property lines adjacent to the existing residential uses 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
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compacting materials within 20 feet of the adjacent residential buildings. The
smaller equipment intended to implement this requirement shall be
individually identified among the list of equipment required under the above
condition as the subset of equipment allowed for use at the property lines.
o Avoid using vibratory rollers and clam shovel drops within 20 feet of the
adjacent residential uses.
o Select demolition methods that do not involve large impact tools such as
hoe-rams within 20 feet of the eastern property line. Portable jackhammers,
saws, or grinders shall be used to minimize impacts to the ground.
o 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 residential uses.
• Develop a vibration monitoring and construction contingency plan to identify
structures where monitoring would be conducted, set up a vibration monitoring
schedule, define structure-specific vibration limits, and address the need to conduct
photo, elevation, and crack surveys to document before and after construction
conditions. Construction contingencies shall be identified for when vibration levels
approach the limits of 0.3 in/sec PPV at the adjacent residential buildings.
• At a minimum, vibration monitoring shall be conducted during demolition and
excavation activities.
• Designate a person responsible for registering and investigating claims of excessive
vibration. The contact information of such person shall be clearly posted on the
construction site.
Conduct a post-construction survey on structures where either monitoring has
indicated high vibration levels or complaints of damage has been made. Make
appropriate repairs or compensation where damage has occurred as a result of
construction activities.
18. 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. In addition, all
rooftop gardens/decks shall comply with the provisions of PAMC 18.42.230.
19. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. 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. At building permit, provide the proposed HVAC
specifications. If the proposed decibel level of the HVAC exceeds the decibel level of the
HVAC evaluated in the CEQA analysis, a noise analysis of the proposed equipment’s
consistency with the municipal code shall be required.
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20. NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis projected noise levels
at or within 5 dB less than the Noise Ordinance limits, the applicant shall demonstrate the
installed equipment complies with the anticipated noise levels and the Noise Ordinance
prior to final Planning inspection approval.
21. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs shall conform to the
requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to
approval by the Director of Planning.
22. UNDERGROUND STORAGE TANK. Prior to issuance of a building permit, the Applicant shall
provide documentation, to the satisfaction of the City and applicable Cleanup Oversight
Agency, demonstrating that the site is suitable for residential use with respect to potential
contamination from the former underground storage tanks.
If required, additional investigation or remediation shall be completed in accordance with
applicable state regulations, including the State Water Board’s Low-Threat UST Case Closure
Policy. Written clearance or a determination of no further action shall be provided prior to
building permit issuance.
23. TRASH ROOM. The trash room shall be used solely for the temporary storage of refuse and
recycling that is disposed on a regular basis and shall be closed and locked during non-
business hours.
24. UTILITY LOCATIONS. In no case shall utilities be placed in a location that requires equipment
and/or bollards to encroach into a required parking space. In no case shall a pipeline or
water and wastewater services/laterals/meters be placed within 10 feet of a proposed tree
and/or tree designated to remain, or within 5 feet where root barrier protection is installed,
unless otherwise approved by urban forestry and waste-gas-water.
25. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of
$17,698,233.70 shall be paid in accordance with PAMC Chapter 16.64. The final
Development Impact Fees shall be calculated before they are due, and payment may be
deferred to the date the development is approved for occupancy as set forth in PAMC
Section 16.64.030 and as permitted by SB 937.
26. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides
that a project applicant who desires to protest the fees, dedications, reservations, or other
exactions imposed on a development project must initiate the protest at the time the
development project is approved or conditionally approved or within ninety (90) days after
the date that fees, dedications, reservations or exactions are imposed on the
Project. Additionally, procedural requirements for protesting these development fees,
dedications, reservations and exactions are set forth in Government Code Section 66020. IF
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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.
27. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold
harmless the City, its City Council, its officers, employees and agents (the “indemnified
parties”) from and against any claim, action, or proceeding brought by a third party against
the indemnified parties and the applicant to attack, set aside or void, any permit or
approval authorized hereby for the Project, including (without limitation) reimbursing the
City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City
may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
28. FINAL INSPECTION. A Planning Division Final inspection will be required to determine
substantial compliance with the approved plans prior to the scheduling of a Building Division
final. Any revisions during the building process must be approved by Planning. Contact your
Project Planner, Steven Switzer at Steven.Switzer@PaloAlto.gov to schedule this inspection.
Public Art
29. The project triggers the Public Art in Private Development ordinance, requiring that 1% of the
estimated cost of construction be spent either on art on-site, or the payment of the
equivalent funds to the Public Art Fund in-lieu of commissioning artwork on site. The
applicant has not submitted a public art application at this time. Prior to issuance of a building
permit, the applicant shall pay the required in-lieu contribution to the Public Art Fund or,
prior to applying for a building permit, shall file a minor architectural review application to
evaluate proposed public art, which shall be reviewed and approved by the public art
commission. 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. In-lieu fees may be
paid at occupancy in accordance with the requirements under PAMC 16.64.030 and as
permitted by SB 937.
Building Division
30. A complete construction set shall be submitted to the building department for review. A
complete construction shall include, but is not limited to: architectural drawings, structural
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drawings and calculations, mechanical plans, electrical plans, plumbing plans, and Title 24
energy analysis.
31. All sheets shall be stamped and signed by the responsible designer.
32. Refer to this website below for additional building permit submittal requirements. Contact
the building department for any questions.
https://www.paloalto.gov/files/assets/public/v/3/development-services/building-
division/checklists/simplified/c1-new-comm-shell-checklist-07062023.pdf
Transportation
33. Prior to issuance of a building permit, the applicant shall obtain a transportation analysis
(TA) consistent with the City's Local Transportation Impact Analysis Policy and prepared by a
consultant reasonably acceptable to the City. The applicant shall implement any mediation
measures recommended in the TA that would not render the project infeasible. Potential
mediation measures could include but not limited to; flex posts, bike boxes, bike sharrows,
and/or speed bumps. At a minimum, the TA shall:
a. Evaluate project ingress and egress operations, including driveway functionality
and queuing;
b. Analyze intersection operations and impacts at the Matadero Avenue / El
Camino Real and Kendall Avenue / El Camino Real intersections, considering the
existing “No Right Turn on Red” restrictions;
c. Evaluate potential impacts to the suggested school route along Matadero
Avenue and Kendall Avenue with respect to multimodal access; and
d. Identify and recommend improvements as necessary, subject to City approval.
34. OFF SITE IMPROVEMENTS: Off-site improvement plans shall be submitted to the Office
of Transportation for review and approval. These improvements shall incorporate all
recommendations identified in the transportation analysis prepared for the project. Off-
site improvements include, but are not limited to, design modifications that support on
site circulation and prevent queuing or other operational deficiencies within the public
right of way. Any proposed modifications to the public right of way shall be evaluated to
ensure they can be safely accommodated given existing lane geometry.
35. TRANSPORTATION DEMAND MANAGEMENT (TDM): The applicant shall prepare and
submit a final TDM Plan consistent with the Comprehensive Plan policies for the El
Camino Real corridor and that demonstrates a minimum 30 percent reduction in project
generated vehicle trips. The plan shall identify parking and trip reduction measures,
include trip targets and a monitoring and enforcement mechanism, and designate the
responsible entity for implementation.
All approved TDM measures shall be maintained for the life of the project. Monitoring
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reports shall be submitted two years after occupancy and annually thereafter. If
performance targets are not met, the applicant shall implement modifications as
required by the Director. Failure to correct deficiencies may result in administrative
penalties or other enforcement actions consistent with the Municipal Code.
36. BICYCLE PARKING: In accordance with California Green Building Standards Code
(CALGreen), the project shall provide one on-site short term bicycle parking space per
10,000 square feet. Short term bicycle parking spaces shall be located within 200 feet of
building entrances and readily visible to passers-by.
37. LOADING ZONES: No project dedicated loading space shall be located within the public
right of way. The project shall maintain at minimum one, on-site loading space.
38. CONSISTENCY WITH CALTRANS SR-82 IMPROVEMENTS: All off site improvements shall
be consistent with the recently completed Caltrans SR 82 (El Camino Real)
improvements, including existing “No Parking” signage along El Camino Real. Any
temporary alterations to bike lane enhancements shall be restored to existing
conditions upon completion of the project.
39. BUS SHELTER COORDINATION: Potential impacts to the existing VTA bus shelter at the
intersection of Matadero Avenue and El Camino Real shall be reviewed and approved
through VTA’s development review process. The applicant shall comply with all
requirements issued by the transit authority.
40. DRIVEWAY SIGHT LINES: Adequate sight distance shall be preserved at all driveways.
a. Landscaping within driveway vision triangles shall be maintained at a maximum
height of three (3) feet.
b. All new and existing trees shall be maintained to provide a minimum vertical
clearance of seven (7) feet above grade to ensure unobstructed visibility.
41. QUEUING: Fast opening gates shall be installed and maintained to ensure that vehicle
queuing does not extend into or impact the public right of way.
42. TRASH REMOVAL AND OPERATIONS: Trash bin staging and collection operations shall
occur entirely on site and shall not encroach into or occur within the public right of way.
Public Works Zero Waste
43. 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.
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Deconstruction takes longer than traditional demolition, it is important to plan ahead. For
more information, visit www.cityofpaloalto.org/deconstruction.
44. 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.
45. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction
materials into specific categories for recycling. Additional staging areas for source separated
materials will need to be considered. All materials shall be delivered to one of the City
approved materials recovery facilities listed in Green Halo, all records shall be uploaded to
www.greenhalosystems.com.
For more information, refer to www. paloalto.gov/deconstruction. Trash enclosure can only
be used to temporarily store refuse (garbage, recycling, and compost) and not for other
storage.
46. On the plans submitted for building permit provide cut-sheets for the color-coded internal
and external containers, related color-coded millwork, and its colored signage in the
building plans. Trash chutes must have colored doors with colored signage that complies
with PAMC 5.20.18 requirements.
47. All indoor and outdoor common spaces are required to comply with the following: As per
Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse
containers, related color-coded millwork, and colored signage. The three refuse containers
shall include recycle (blue container), compost (green container), and garbage (black
container). Applicant shall present on the plan submitted for building permit the locations
and quantity of both (any) internal and external refuse containers, it’s millwork, along with
the signage. However, for the copy/ mail area must have either a recycle bin only or all
three refuse receptacles (green compost, blue recycle, 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.paloalto.gov/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.
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Public Works Engineering
48. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised
that most forms, applications, and informational documents related to Public Works
Engineering conditions can be found at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-
Services/Forms-and-Permits
49. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS: Developer
shall familiarize themselves with the guidelines described in the November 2007
revision of the document titled “Overview and Guidelines for the Review of Subdivision
Projects”. Particularly Section II (items 5 through 12) and Section V (items A through C).
https://www.paloalto.gov/files/assets/public/planning-amp-development-services/file-
migration/current-planning/forms-and-guidelines/overview-and-guidelines-for-the-
review-of-subdivision-projects.pdf
50. PARCEL MAP/FINAL MAP: Approval of this application is subject to, and contingent upon
the approval of a tentative map and recordation of a Final Map, as detailed in Section 8.
51. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the
Department of Public Works for all public improvements.
52. SPECIAL STREET LIGHT: This project is located within an area designated to have special
streetlights as shown in the Special Street Light Style Placement Guide. Any new or
replaced streetlights shall be installed to the standards adopted by the Public Works
Department and Utility Department.
https://www.paloalto.gov/files/assets/public/v/1/planning-amp-development-
services/current-planning/pw-style-placement-guide-2020.pdf
53. 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.
54. 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 that are attributable to the development. 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. The Developer’s
financial responsibility for utility upgrades exceeding the impacts of the development
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shall be limited to Developer’s fair share contribution, as reasonably determined by the
Utilities and/or Public Works Department.
55. 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.
56. 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.
57. 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. The Developer’s financial
responsibility for storm drain facility upgrades exceeding the impacts of the
development shall be limited to Developer’s fair share contribution, as reasonably
determined by the Public Works Department.
58. 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.
59. 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.”
60. 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.
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61. 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.
62. 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. The Developer’s financial responsibility for
storm drain facility upgrades exceeding the impacts of the development shall be limited
to Developer’s fair share contribution, as reasonably determined by the Public Works
Department.
63. 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.
64. 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”.
65. 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
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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.
66. 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.
67. 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.
68. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the
“Pollution Prevention – It’s Part of the Plan” sheet.
69. 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.
70. 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.
71. 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
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a certification verifying that all the permanent storm water pollution prevention
measures were installed in accordance with the approved plans.
72. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire
project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact
restoration limits will be determined once the resulting road condition is known
following completion of heavy construction activities and utility lateral installations, at
minimum the extent will be the project frontage on Matadero and Kendall Avenues. The
extent of restoration required on El Camino Real shall be determined by the Public
Works Department following completion of heavy construction activities and utility
lateral installations.
73. EXISTING EASEMENTS: Provide documentation showing approval from the entities
affected by the onsite easements to verify that the work within said easements is
permitted.
74. OUTSIDE AGENCY APPROVAL: A portion of the proposed work is within Caltrans right-of-
way. Evidence of permit approvals shall be submitted prior to issuance of City permits.
75. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is
required to paint “No Dumping/Flows to Matadero Creek” in blue on a white
background adjacent to all onsite storm drain inlets. The name of the creek to which
the proposed development drains can be obtained from Public Works Engineering.
Stencils of the logo are available from the Public Works Environmental Compliance
Division, which may be contacted at (650) 329-2598. Include the instruction to paint the
logos on the construction grading and drainage plan.
76. 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.
77. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (INDEFINITE ENCROACHMENT PERMIT):
An approved indefinite encroachment permit will be required for any private
infrastructure constructed in the public right-of-way, easement or on property in which
the City holds an interest, but that was not authorized by a building permit.
Urban Forestry
78. Post building permit issuance all protected trees are subject to a 14-day public notice
prior to their removal.
79. URBAN FORESTRY GENERAL: The following general tree preservation measures apply to
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all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be
permitted within the Tree Protection Zone (TPZ). The ground under and around the tree
canopy area shall not be altered. No waste material or construction byproducts are
allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained
as necessary to ensure survival.
80. TREE DAMAGE: Tree Damage, Injury Mitigation, and Inspections apply to the Contractor.
Reporting, injury mitigation measures, and arborist inspection schedule may apply
pursuant to TLTM, Section 5.03.6. Contractor shall be responsible for the repair or
replacement of any publicly owned or protected trees that are damaged during the
course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and City of
Palo Alto Tree and Landscape Technical Manual, Section 3.02.
81. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading,
digging, potholing, or trenching within the TPZ of a protected tree shall be performed
using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ=
10x the tree diameter at 54" above grade) For utility trenching, including sewer line,
roots exposed with a diameter of 2 inches and greater shall remain intact and not be
damaged. If directional boring method is used to tunnel beneath roots, then CPA
Standard Detail #504 shall be printed on the final plans and the buffer distances in TLTM
Table 3-4,Trenching and Tunneling Distance, shall be implemented by Contractor.
Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of
conducting any approved excavation within 10-feet of any street trees (or for any
protected tree on EVSE projects). Urban Forestry may choose to monitor or review the
work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards.
82. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all
protection and inspection schedule measures, design recommendations, and
construction scheduling as stated in the Tree Preservation Report and/or 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 the final landscaping or Urban Forestry
inspection of the project is completed.
83. NO NET LOSS OF CANOPY: In order to comply with the City’s no net loss of canopy policy
(PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan,
Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to
replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios
are determined by table 3-1 in the Tree and Landscape Technical Manual, Section 3.02.
New landscape tree plantings (24 inch box or larger) count towards the replacement
total. Screening trees may also count toward the total depending on size and species
selected. If unable to plant the required number of trees on site (our preferred solution)
there is the option of paying in-lieu fees per each 24 inch box tree into the forestry fund.
[Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC
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8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned
other than R1, RE, R-2, or RMD].
84. PLAN CHANGES: Revisions and/or changes to plans before or during construction shall
be reviewed and responded to by the (a) project site arborist, or (b) landscape architect
with written letter of acceptance before submitting the revision to Planning and
Development Services Department for review by Planning, Public Works, or Urban
Forestry.
85. PLAN SET REQUIREMENTS: The final Plans submitted for a building permit shall include
the location, DBH, canopy drip-line, and TPZ of all trees 4 inches DBH or greater as well
as the following information and notes on relevant plan sheets:
a. T-1 SHEET SET, The building permit plan set will include the City’s full-sized, T-1
Sheet Set (Tree Protection-it's Part of the Plan!), available on the Development
Center website. A certified arborist shall complete and sign the Tree Disclosure
Statement.
b. TREE PRESERVATION REPORT (TPR), if indicated by Tree Disclosure Statement, All
sheets of the Applicant’s TPR approved by the City for full implementation by
Contractor, shall be printed on numbered T-1 Sheets (T-3, T-4, etc.) and added to
the sheet index.
c. TREE PROTECTION FENCING, The Plan Set (esp. site, demolition, grading &
drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must
delineate/show the correct configuration of Type I, Type II or Type III fencing
around each Protected Tree, using a bold dashed line enclosing the Tree
Protection Zone (CPA Standard Detail #605).
Fire
86. Fire sprinkler density of parking garage with EVCE shall be Extra Hazard-II. Install smoke
removal sys in parking garage.
87. Overhead utilities on both Kendall Ave and Matadero Ave shall be placed underground
along exterior walls of this project.
Watershed Protection
The following comments are provided as a courtesy and these conditions of approval must be
complied with before receiving a Demolition Permit for this project:
88. NOTICE OF REGULATION OF PCB MATERIAL – EFFECTIVE JULY 1st, 2019: Please be
advised that requirements regarding stormwater control during building demolition for
polychlorinated biphenyls (PCBs) became effective starting July 1st, 2019, in accordance
with the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP),
Order No. R2-2015-0049. MRP Provision C.12.f. requires that San Francisco Bay Area
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municipalities develop a program to ensure that PCBs from building materials (e.g.
caulk, paint, mastic) do not enter the storm drain system during building demolition.
Palo Alto City Council adopted the PCBs regulation in May 2019. For specific questions
about your project, please email CleanBay@cityofpaloalto.org, call 650-329-2122 or visit
http://www.cityofpaloalto.org/pcbdemoprogram.
89. If the project is submitting a demolition permit application on or after July 1st, 2019, the
applicant shall complete and submit the “PCBs Applicant Package,” including any
required sampling reports (per the Applicant Package instructions), with the demolition
permit application. The PCBs Application Package and other resources are outlined at
http://www.cityofpaloalto.org/pcbdemoprogram. The Applicant Package will outline
PCBs sampling and reporting requirements that must be met if the project meets ALL of
the following conditions:
a. The project is a commercial, public, institutional, or industrial structure
constructed or remodeled between January 1, 1950 and December 31, 1980.
Single-family and two-family homes are exempt regardless of age.
b. The framing of the building contains material other than wood. Wood-frame
structures are exempt.
c. The proposed demolition is a complete demolition of the building. Partial
demolitions do not apply to the requirements.
90. If the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the
“PCBs Applicant Package,” then the project shall conduct representative sampling of
PCBs concentration in accordance with the “Protocol for Evaluating Priority PCBs-
Containing Materials before Building Demolition (2018).”
If the representative sample results or records DO NOT indicate PCB
concentrations ≥50 ppm in one or more “priority materials,” then the screening
assessment is complete. Applicant submits screening form and the supporting
sampling documentation with the demolition permit application. No additional
action is required.
If the representative sample results or records DO indicate PCBs concentrations
≥50 ppm in one or more “priority materials,” then the screening assessment is
complete, but the Applicant MUST also contact applicable State and Federal
Agencies to meet further requirements. Applicant submits screening form and
the supporting sampling documentation with the demolition permit application,
and also must contact the State and Federal Agencies as indicated on Page 3 of
the “PCBs Screening Assessment Form.”
IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO
BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs
ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE
PROCESS CAN TAKE BETWEEN 1-3 MONTHS.
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91. Requirement for oil-water separator in interior parking garage floor drains: If installed,
parking garage floor drains on interior levels shall be connected to an oil-water
separator prior to discharging to the sanitary sewer system. The oil-water separator
shall be cleaned at a frequency of at least once every twelve (12) months or more
frequently if recommended by the manufacturer or required by the Director.
Installation, certification, and maintenance records shall be maintained and made
available for inspection and copying as described in Section 16.09.155 of this Chapter.
Oil-water separators shall have a minimum capacity of 100 gallons (PAMC
16.09.165(a)(8) and 16.09.170(a)(5)).
92. Exemption for requirements below: This requirement can be exempted if no washing is
allowed on-site via rental/lease agreement, any hose bibs are to be fitted with lock-outs
or other connection controls, and signage is posted indicating that car washing is not
allowed (PAMC 16.09.170(a)(6)).
a. Requirement for an oil-water separator for carwash area: A drain shall be
installed to capture all vehicle wash waters and shall be connected to an oil-
water separator prior to discharge to the sanitary sewer system. The oil-water
separator shall be cleaned at a frequency of at least once every
twelve(12)months or more frequently if recommended by the manufacturer or
required by the Director. Oil-water separators shall have a minimum capacity
of100 gallons.
b. Requirement for bermed area around carwash: The area shall be graded or
bermed in such a manner as to prevent the discharge of stormwater to the
sanitary sewer system
93. Discharge drains for pools, spas, and fountains shall not be connected directly to the
storm drain system or to the sanitary sewer system (PAMC 16.09.165(a)(7) and
16.09.170(a)(4)).
Water-Gas-Wastewater Utilities
The following comments are required to be addressed prior to submittal of any future related
permit application such as a Building Permit, Excavation and Grading Permit, Certificate of
Compliance, Street Work Permit, Encroachment Permit, etc. These comments are provided as a
courtesy and are not required to be addressed prior to the Planning entitlement approval:
94. The applicant is to submit flow monitoring data for the sewer connection utility impact
study.
PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required)
95. 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.
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The demolition permit will be issued by the building inspection division after all utility
services and/or meters have been disconnected and removed.
FOR BUILDING PERMIT
96. The Domestic Water meter and service location is to be finalized in the Building Permit.
This includes the Public Utility Easement (P.U.E) for the Water meter. Sizing of meter
and service to be determined in the Building Permit. Water meter is to comply with City
of Palo Alto Utilities Standard Detail WD-04.
97. The Irrigation Meter location is to be finalized in the Building Permit. Service is to be
relocated to connect off the domestic service. Sizing of meter and service to be
determined in the Building Permit.
98. Fire Service location is to be finalized in the Building Permit.
99. Sewer Alignments are to be finalized in the Building Permit.
100. 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).
101. 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.
102. 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).
103. 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. The Developer’s
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financial responsibility for utility upgrades exceeding the impacts of the development
shall be limited to Developer’s fair share contribution, as reasonably determined by the
Utilities Department.
104. 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.
105. 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.
106. 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.
107. 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.
108. 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.
109. 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.
110. 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.
111. 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.
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112. 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.
SECTION 8. Conditions of Approval Vesting Tentative Map.
Planning
1. PROJECT PLANS. The Final Map submitted for review and approval by the City Council
shall be in substantial conformance with the Vesting Tentative Map titled “VESTING
TENTATIVE MAP – 3606 EL CAMINO REAL (25PLN-00243)”, prepared by Kier+Wright and
submitted February 3, 2026, 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. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all
applicable development impact fees associated with the proposed development and
subdivision prior to issuance of the building permit(s) or recordation of the Final Map, as
detailed in the Major Architectural Review Approval. Impact fees may be paid prior to
occupancy in accordance with the requirements under PAMC 16.64.030 and as
permitted by SB 937, with a lien on the property.
4. 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
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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.
5. 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
6. 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
7. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS: Developer
shall familiarize themselves with the guidelines described in the November 2007
revision of the document titled “Overview and Guidelines for the Review of Subdivision
Projects”. Particularly Section II (items 5 through 12) and Section V (items A through C).
https://www.paloalto.gov/files/assets/public/planning-amp-development-services/file-
migration/current-planning/forms-and-guidelines/overview-and-guidelines-for-the-
review-of-subdivision-projects.pdf
8. 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.
9. PARCEL MAP/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
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map are subject to City’s technical review and staff approval during the map process
prior to issuance of any construction permits.
10. MAP THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will
review and provide approval of the map’s technical correctness as the City Surveyor, as
permitted by the Subdivision Map Act. The Public Works Department will forward a
Scope & Fee Letter from the third-party surveyor, and the applicant will be responsible
for payment of the fee’s indicated therein, which is based on the complexity of the map.
11. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the
Department of Public Works for all public improvements.
12. SPECIAL STREET LIGHT: This project is located within an area designated to have special
streetlights as shown in the Special Street Light Style Placement Guide. Any new or
replaced streetlights shall be installed to the standards adopted by the Public Works
Department and Utility Department.
https://www.paloalto.gov/files/assets/public/v/1/planning-amp-development-
services/current-planning/pw-style-placement-guide-2020.pdf
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.
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
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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 include 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. 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. The Developer’s financial responsibility for
storm drain facility upgrades exceeding the impacts of the development shall be limited
to Developer’s fair share contribution, as reasonably determined by the Public Works
Department.
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23. 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.
24. 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”.
25. 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.
26. 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.
27. 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.
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28. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the
“Pollution Prevention – It’s Part of the Plan” sheet.
29. 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.
30. 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.
31. 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.
32. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire
project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact
restoration limits will be determined once the resulting road condition is known
following completion of heavy construction activities and utility lateral installations, at
minimum the extent will be the project frontage.
33. EXISTING EASEMENTS: Provide documentation showing approval from the entities
affected by the onsite easements to verify that the work within said easements is
permitted.
34. OUTSIDE AGENCY APPROVAL: A portion of the proposed work is within Caltrans right-of-
way. Be advised that the following storm drain infrastructure is owned by Caltrans and
therefore will require their approval prior to City permit issuance. Items owned by
Caltrans:
a. 15-inch storm main along El Camino,
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b. Catch basins on Matadero/El Camino intersection, and associated proposed
improvements.
35. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is
required to paint “No Dumping/Flows to Matadero Creek” in blue on a white
background adjacent to all onsite storm drain inlets. The name of the creek to which
the proposed development drains can be obtained from Public Works Engineering.
Stencils of the logo are available from the Public Works Environmental Compliance
Division, which may be contacted at (650) 329-2598. Include the instruction to paint the
logos on the construction grading and drainage plan.
36. 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.
37. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (INDEFINITE ENCROACHMENT PERMIT):
An approved indefinite encroachment permit will be required for any private
infrastructure constructed in the public right-of-way, easement or on property in which
the City holds an interest, but that was not authorized by a building permit.
38. PLAN SET CONSISTENCY. The Final Map shall incorporate the drainage changes reflected
in the Architectural Plan set submitted on February 26, 2026 and shall reflect and be
consistent with the requirements and modifications identified in Section 8 of this Record
of Land Use Action.
39. STORMWATER MANAGEMENT PLAN REVISIONS. Prior City permit issuance, the
applicant shall work with the City to revise the stormwater management approach
shown on Sheet C7.1 (Preliminary Stormwater Quality Control Plan). The currently
proposed storm drain infrastructure associated with TCM 8 shall be reevaluated, and an
alternative solution shall be developed to the satisfaction of the City. This may include,
but is not limited to, modifying TCM 8 to utilize infiltration methods and identifying an
alternative means of discharging stormwater from TCM 3. Final design details shall be
subject to City review and approval prior to Final Map approval.
Water-Gas-Wastewater Utilities
40. On Sheet C4.1 – Preliminary Civil Site Plan, and C6.1 – Preliminary Utility Plan, Water
meter shall be relocated so no obstruction is within the 10x10 easement. Refer to
conditional comment in C7_3606 El Camino Real_Plans for location.
41. On Sheet C4.1 – Preliminary Civil Site Plan, and C6.1 – Preliminary Utility Plan, remove
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sewer connection shown on El Camino Real. Refer to conditional comment in C7_3606
El Camino Real_Plans for location. If a secondary sewer connection is needed
connection shall be on Kendal Ave. or Matadero Ave.
42. On Sheet C4.1 – Preliminary Civil Site Plan, and C6.1 – Preliminary Utility Plan, add
Reduced Pressure Principal Assembly (RPPA) to irrigation service per CPAU WGW
Standard WD-11C
SECTION 9. Term of Approval.
1. Architectural Review Application. In the event actual construction of the project is
not commenced within two years of the Effective Date, 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 and state law.
2. 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. A request for an extension of time may be granted by
the city council after recommendation of the planning commission, after the written
extension request of the subdivider is submitted, prior to the expiration of the Vesting
Tentative Map approval, or any previous extension granted. Such extension(s) shall be
subject to the maximum limitations set forth in the Subdivision Map Act.
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INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director of Planning and
Development Services
PLANS AND DRAWINGS REFERENCED:
Those plans titled “C7_3606 El Camino Real_PLANS.pdf” consisting of 77 pages, dated and
submitted February 26, 2026.
Those plans prepared by Kier+Wright titled “VESTING TENTATIVE MAP– 3606 EL CAMINO REAL
(25PLN-00232)” consisting of twelve pages, dated and submitted February 3, 2026.
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