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HomeMy WebLinkAbout0392.095TO: FROM, e City of Palo Alto City Manager's Report ------------------------- HONORABLE CITY COUNCIL CITY MA.'1AGER DEPARTME1'1T, Planning and Community F..vlrna menl AGENDA DATE! Septem~r 11, 1995 CMR:392:9S SUlIJECT, Application for Appro .. aI or. F"mal Map and Related Maintenance Agreement, to Sabdivide a 26,136-sqllOre-rool Par",,) ilIto 30 A1npate CondomiDium U.its, at 16SO Park Boulevard, 204, 228 and 230 Sh.rlda" Aveane Cfnrt No. 8734). REOUI.."T Approval of. final subdiYision map and related maintenance agreement 10 subdivide I 26,I36-square-foot parcel inlo 3lJ airspace ~dominium units. RECOMMEND,I"DQNS Staff recommeods ilia! the City Cooncil approve the final map and the pffi"1lle maintenance agre...-ment lO< 1lle subdivision. POLlCY IMPlICATIONS Approval of the final subdivision map will 001 represent I change to existing policies. EXE!:UTIYE SUMMARV On April 3, 1995, the City Council approved the tentative map lO< subdivision of. 26,136- square-foot parcel into 3lJ mpace condominium units, foe property ~1ed at 2650 PaIl<. Boulevard and 204, 228 and 23lJ Sheridan A venue. One of the conditions of the tentative map requires 1lle subdivider !O enter into an agreement with t.1,e City, whereunder the subdivider will maintain Iands<:ape improvements and provide str~ sweeping services related \0 the unique design of the smet paiUng areas. Pace Ian .~. ';: ,; {-: -, "---. '. ',' . "-.? -' '1 . ,-" , " ... --:-:..:"'~;;". i' f. c::#'~: '_ ':..5"2~~~~ The final map has been reviewed by the City Engineer, It has been found to be in ConfunnllIKC with the approved tentative map, the Sta!e Map Act, and the Palo Alto Municipal COOe. All conditions or approval required 10 be completed prior to ow'" aI or the final subdiw,ioo map, including executioo of the subdivision improvement and mainterumce agreements between the City and the applican~ have been met The tentative map conditions are attached, fl5CAl, IMPACT There is DO 6scal impact related 10 this project. El'n1BONMl.NTAL AS5WM ENT A Negative Dcclaratioo was prepared and approved prior 10 the approval of the tentative map; no further environmental assessment is necessary. AlTACRMENTS Tenrative Map C'Wlfitions Maintenance Agreement Below Market Rate Agreement Letter dated February l, 1995 Final Map (COODcil Members only) PREPARED BY: 10sepb M. Colonna, Senior Planner DEPARTMENT HEAD REVIEW: &/f.&/~ ~b~ KEl'I..""IETII R. SCHREIBER Dir<C1or of Planning and C<>mmunity Envirorunent CITYMAN.-\GERAPPROVAL: ~li.~ BERNARD M. STRO cc: Harold Hobbacb Michael Lyzwa Assistant City Manager :-----~---""' ........ ~....,...,.....-~-"--- , .-,; TentAtive Subdivision Map Conditions (Wirll Revised Timing) -2650 Park Bou!evard, 204,121 and 138 Sheridl. A"eDue 4111195 1, A final map ohal1. be f,led with the City within two year; of appr",,&! of the tentative mljl and prioc 10 issuan<e of. building permit Prior 10 [sruance of DemoIjtioD PermIt 2. The applicant s-haTI be responsible for identification LrJd location of an lJtilities. both public and private, w1thln the 9fOr'k area.. Prior to any e~cavat!on 'work,. the applicant shall coo.tact Unaerground Senice Alert, at least 48 hOUTS prior \() ~eginnlng w~ 3. The app!icant shal1 submit a request 10 disconnect an utilif) sefvi.ces. and/or merers incJucfmgl signed affidavit of'Yacancy. The form t5 avai1able a: tl".e Building Division Utilities will be disconnected Of removed" within 10 wodcing days ar..er receipt of reque>L The dernotitioc permit may be issued after an tJti~~ty scrv>ces and/or meters have been disconnected and removed 4.. A destruction permit sball be ootained fr0m t.l:.e Santa Ctara Vaney \Vater District to destroy the pie.zor':"leter wens that are located on the site Prier 10-15SUanc~ of an Excavation Permit 9. The appricaru. sban Iecord l pubtic tltillty easement kJ provide aCCI!55 10 the eltisting. transfQ(IJler on the adjacent propert)' 'itl 260 Shendan Avenue, ~·hlcb is. o",""lled by tbe applicanL The location and dimensions of said easement shan be subject to re\-1ew and' approval of the Unllties Division t2 A construction logistics plan: shan be submitted for re\o~· and approval by we Public WOfks Engineering Division. An truck routes shaH (oruorm with L"e Ci..ry of Pa10 AItos"s Trucks and' True\. Route Ordinance, OaptC'l' ]0.48. ana the route map whiCH outlines truck routes a.vailab!e throughout "the City of Palo Alto-At a rn"inimum lhe plan ,hall address the foDowiLg, pa:Iting for (onstructiOIl workers, idenrifx:atiO!l of proposed constructior. access points and truc\: rOutes and staging areas; site(s) fO( stocage of COnstructiOD equipment and SlJpp[jes, sboring for underground garage, construction of temporary walkways, ba."'licad~ a..,,,d fences.~ provision of pedestrian and ..... ehicular traffic adjacent 10 l~e cOrlStructton site; construction of temporary b.:uricades and fences, restoration 0( City streets lm'pac1ed by cor.structioQ acti ... ;!I-es: replacement of City sidewalks in adjacent $1) the sile in aecord,mce ",·ith ',., " . f . ® 0 City standard" and public relations plan directed at resoNing the concerns of adjacent residents and busine<'JeS. B. Thl! appticant shaft requu-e its contrador to incOf'pora:re best management practices (BMP~s) for stocmwater pollution pre ... enooo in an construction operations. in confornl.2Dce v..itb: the Santa Ctara Varley Nonpoinr StYJfCe Pcllution Control Program, 14. A contingenC)' plan shan be prepared and SIlbmitted 10 the Regional Water Quality Control Board (RWQCB) 10 account fot" c{)Dtaminan<s in the soil and 10 «>0001 It. risk inv{)!v~ ... i.th exposure \0 workers ane! the pubflC d.uring construction. I S. The applicant shan obtain the proper permits from !he Palo Alto Building Inspection Division 2nd Palo Alto fire Depanment for construction of facilities !ei' treatment of any contaminated ground-.,I;3ter from construction and operation cf the project 16, Final COnstructiOIl plans shan be submitted for revie"",-and appro\."ar by the RWQCB 28 Tree protectioo: measures~ as requITed 1:0 1 C-ondition #12 in the Planned C<lmmunit) (PC) Oi.stria Ordina!lce. ,ban be accomptisbed 29. The applicant shall ootiin a grading permit from the BuiJding lnspecticn Div!sion. 30-The appr1Cant slla1l obtain an encTQac'hmel'l.t permit Dr tempora.,), ~ase from t.~e Publ..ic \Vor'ks Engineering Di .... ision {Of any structure., awning. Of other features ccnstrllded in the pubnc rigbt-<lC-way. 3 I. The appticanl sball obtain an ~n<:fOachmenl permit or ternpor<lf)l lease tiom the public: \\~orks Engineerir1g D[,risioo roc the proposed con5truction., induding pedestrian protection, wbic'b will impact the use of the sidc'IiO:arks and streets. Pnor to Issuance cf a Structurnl Permit S. AIl uhlity meters, transformers~ backflow pre ... enters, and any other reQ.uired utilities,.. shan be shown 00 the ta.r:ldscape an4 irrigation p b.ns and shan sbow that no ccnfl..ict ""ill OCCUr betw'eea the utillties and landscape materials and shaJ.1 fie screened in. manner which respects the buiIamg and setback requireme.ilts 6. The applicant shall submit a completed WATU-GA5-W!\5TEWATER SER\1CE CONNEC"flON APPLICATION -LOAD SHEET [0< City of Palo At,o Vtilities The applicant shall provide an ifuocmation reques'ted foc u~ility seli.·i.c~ demands (v.-ater in G PM, gas in B,TUP.H., and sewe, in GPO.). 1. The appIlcant shan submit subdivision improvement pTans for utility construction and pubt.i.c improvements including instana600 of s~eet trees \\>'ilrur: the pub ric right-<.'f-\\"ay • > ... 'ji.-.-/ .' on both sides of Park: Boulevard bety.,'(e n Sheridan A venue and Grant A vent.:e The plans shan show the size and location of all underground utllities within the development Illd the pubfio right-of-way includiDg meten. baeldlow pr",.",ers, for. service requirtmetltB .. sewer cleaoouts. s10rm drainage improvCt!Jents and any oilier required utilities. These utilities shaM be dcsigned and coonfmated to .void ictenereoce with the proposed private and publio Iands.caping and buildiDg architecture. 8, The applicant shan show on the she plan the existence cl any well. or auxmat'y water supply_ ]0. Th~ location of electric panel switchboard shall be sl:!ou'n cn the site plan foe review and approval by the Utilities Department and A:o~Jtectural F-eview Board 11. AIl electrical S".J:'bstructures requited from Ille ser .... ice point ~ the s..,;;rtchgear shan be installed by !he customer to City standards. 11. The propos-od development will '''''""\ll' in a <b ange in the impervious area of the property. The appticant shall provide cakula6on..'i ShOUiing the adjusted impe,....ious area Vl-1th dle building permit application. A storm 'draiMge f-:e a<fjustment wlll take p!ace in the month following the final ipprovaT of the construction by the Bu.ildlng Inspection Division. 19. The approved relocation of service, meters, hydrants, or other facllities sban b~ perfOfllled at the cost of the apprJCanl 20. A separate water meter shaH be installed to irrigate the appro· .. ed landscaping The meter s"hafi lle .designated as an irrigation account and no ollier 'IiI'ater "Sef\.xe 1li.i] be b Wed cn the account 21. A new water service fioe installation for domestic usage is required ID furrus.b. the cus1omer~s demand specWled in the load snee:: presented ",·iL; this project. Foe sen ~e COnnettions of -4-inch thrO'..lgh 8-inch sizes. the contractor shaII pro .. -ide and iru::arl. a eon<:rete .. ·aul( with meter reading Ed covers for water meter and other requ lr"ed control equipment in accordance with the Utilities 5undard Detail. 22. A new water sen--ke fine inslanation for irrigation usage is required to fumish the project's demand speoified in the load sbeet presented "'ith the project. 23. A Dew water service fme instaTIation for flfe system usage is required to furnish the project's demand s.~irled in the ioad sheet presented wi.th the project.. 24. An approved Rl:doce Pressure Principal ""s<mbly (Baddlow Pre;·.ntOf Device) ,haM be instaf1ed f.Q( aU existing and Dew water cooneclions from Palo Alto Utwties to com"ty V\"ith tlle requirements of the CaTifornia Administrative Code, Titre 17. SectIons 7583 through 7605 indllSive The Double Check Detedor Check Valve ,ban be lnstaDed' 00 the site adjacent 10 the property fLne. fnspection by tt,e Utilities. CrD-Ss ::: ,. __ . ;.J..i7 ~.: :." .-"1. .• , -... ~ " .,. , $ . .. . -.~Y-"-"~ . . -... : .::~', Con.oection Inspector !s required fot the supply pipe bet~eeo the city connection and 1M lS5emb!,. 25. All approved Single Che<:t Valve ,h.n be installed for Lie cx.'sting or Dew water connections for the fire system to-comply the Itquirem~Dt:s of the CaTifom!a Administrative C.ode, r'de 11, SectiOns 7583 through 7605 inclusive "[he DoubTe Cbed DetectO£ Check Volve shall be inst.ned 00 the Slt. adj.cent \0 the properly line Inspection by the Utilities Cross Connection lr.specto£ is required !'or th e supply pipe between the Ctrj eonn-ectioo. and the assembly. 26. A new gas service line insta11ation is required 1O fu.rnisb the project's demand specifl.ed in L'Ie lead .beet presented willl the project. 27. A new sewer lateral installation is required 32. 11le applicant shall obtain I-Petn".it for Construction in a Pub tic Street from the P'ub!ic Works Engineering DivisiOQ for construction pm~d in the City ri.g.ht~f-way During E:!I!:cavatioc and CgnMctlon 34. Demoftsbed materials sban be recyded, as feasible 35. To reduce dust kvels during const .. ''Uct"ioo, e"pos.ed earth surfaces shan be watere(f frequently. 'Vw'jth reclaimed waler, during the fate morning and at L'-le: end of the d'a.y~ 1Iwith frequency <-f wacefing i.1lcreasi.. .. '1g on "\a.'indy days This requirement.. may be rnocfif,ed wbea appro'w'ed in lH~ting by the Pubflc 'Verb Department Reclaimed wat~. in accordance ...",ith Public \i~orb Oepart.rneTlI policy.,.-shan be used k.t-!his purpose, Dust nuisances originating from 1le con.nructlOll operations shan be controlled at the (ontra-.-IDC"s ex.pen..oe;.e The (tty of Pato Alto Pubfic \VIJtk.s DepartrnenE shan monitor the 'ContraC1or's dust control operations. 36. Spillage' reru!fing from bading operations along Of across any pubric or pn"\'ate prope..r1y sban be IemoveEJ immediately at the expense of the de .... eloper. If requrred by the Pubfi.c-Works Department, streets sllall be cleaned 00 I. daily Of wtekly bOb--ts )7. Overfllflng of trucks by !be contr.clO< s~an be prohibited 38. Trud.:s shan be covered during the transportation of excavattd and demo fished materials Crom the site. 3"9. The contracklr snan comply with the requirements of tne Palo Ah" ~DTs.e Ordinance, Cb.pter 9.10 PAMe. 40. Muft1e~ and housIngs shan be provided on constructioD ,:ehicl~s and cQulpm("ut . ; j .. ~ "-", ~ -* .. < <:".: .. ":,:. :... .. . .. .. , ... -4 L The aqu itard separating the A 1 U and &he A 1 water bea.rir.g 2.C oes sha!J Dot be disturbel! without prior ..mtten apprc,-al by L'le R WQCB. 42. On-street signage directing pedestrians 10 tllc proper Ioute around the temporarily dosed sidew.Jks shaH be provided. 43. The applicant shill implement I. pub!ic Qutreach program 10 keep area residents updated O\l the rollStruct1on scbedule and the use of the adjacent streets. for cc.-.n.structiml ateess. 44. The developer sh.an implement the foflowing measures: a. standard construction area signs, subject 10 re'<oXw and approval of lhe City of Palo AIIo Transportation Di,;sion, sb.1I be pcsted along Park Boulevard and Sberidan Avenue., to warn the plJblic of the ongoing construction traffic; b. the contrac\Q< worker porking snail conform wit!! plans approved by the Transportation DivIsion and Pub!ic Works Deparuneot, c storage of equipment or materials s.haN tonf-orm with plans appro';ed by the Transportation Department and Publi<: Works Departmen~ and -d. emergency vehicle access shan be maintained at ill times 45_ No storage of construction materials is permined in me street or 00 the sidewa1k without prior approval of the Public \VOfls Engineering Di·;ision. 46. An construction within t."1e eft)' rigtH-ol'-Vw'ay. ~asements or other property under City juriscfk:t1on shall conform l!) Standard SpeciftCa60ns of t.'-le Pub'Uc \\"0f"ks. Department and Ut!lity Department 41. AIl new underground e1ectricaI se[\.K:es sl>.afl be inspected and 2pprO\'ed by both the Building Inspection Division a11d the Electrical Underground lru.peckX before energizing, 48. All new underground service conduits and substrucrures shan be inspected before backfilling. Prior 10 An .. Work in the Public RjliZht-of~\Vav 33. The conL'1C1O< sban contact me CPA PubTIc Works lnspec-.or pOOr \0 any wock perfc>rmed in the public right4-way Prior 10 OccuPWCY IS, The Pubric \Y<X"ks Inspcc10r shan sign -off the off-site irnpro\·ements prior So project occupancy_ An off-site improvements shaH !le r.mished pr"ior ro this sign-off. 49. An side"iN·alks bordering the project shan be remO\-ed and replaced in compliance with Public Wods approved standards. -;:. . :.,' --"-'-"'_. " .. , .. --...." ;"' .. so. A curb ramp for the di.sa'bTed s},an be instailed at the corner of Park BouTevard and SbeOOan Aveuue. ~L The Ipplkanl shall install junctloo boxes .. requlred by the Utllitie. F.ngineeriog Division Cor ..n cable runs ex.ceed"~ng 500 feel 52. The following shall be installed 10 tlle sall,Cactio. of tlle Fire Department (eoco item below requires pencils and inspections from the Fire Department): I. lutoolati<: sprinkler syst<m; b. Sl<uIdpipe .ystem (Class lli); c. hose cabinets (Class Il) In the underground parking !arage; d. f\oo{ control "V3....""'·es~ e. .lev.roc gurney access (24 inches by S 2 incbes); f emergeocy Eghting; g. Knox box on Lf,e garage gate; &nd h manual fU"e ar arm s)·slem.. S3. Central station supervi::.";on shan be provided for th~ v.-ater flow (by floor). "·al .... e tamper and manual fire a1arm. zontng. to-~e safisfact~on of the hIe Depar-.meru. (a permit !nd im;.pecticn from me Fire Department is require~ Prior 10 Approval of the Final Map 54. Improvement plans soa[] ~e SlJbmi!Ied for apprO\·aI by ifle PubIic \Vorh: Department, Utifi.ties Division •. Pianing Oivis~ and Transportat}o!l Division. The lmpru\.·ements within: the public ·rig'ht-of-"t\Ia;:r sban indiJde new street trees, xrlgatlon, ru~s., gutters Illld ';dewalks <>n ~o<h ,icle; of Park Boulevard ber",e"" Sheridan A v enue and Grant Avenue Prior k) submitting improl,."emeru pfans, the applicant shan arra.~£e a meeting with the Publi<: W~ Engineering. lfu.1ities, Pianning and the Tra.'1SpO(tation Oi\.uions 55. A Subar .... is"Km Improvement Agreement, in .. fo..'U1 satisfactm)" to the eliy Anomey. shan be executed between the City and the appticant .56. A maintenance agreement, in a form satisfactory 10 the City Attorney. shan be ~xtl.."Uted between Ihe C~ .. ,d the apprKant for the proposed street impro .... ements on both sides of Park BooTevar~ inclucfmg Tands.capir.g. irrigation and street sv.'eepmg -..... Jl ~ "f' ,,"' ~ • :-;r-:~~~:./-- ,. _~c, _'---- FC Ordia.au Conditions (\\'itll Revised Timing) • :'50 P~rk lkIule\'an!, 204.,. 223 and 136 Sberid.. A .. Due 4I11!95 (i) All new .1ec1rica! servic. sball be underground (IX) Development ,hall be subj<ct 10 Cooditions I-53 of tentative S'Jbdivision map approval 94-SUB-4 (e)(i) ll> con!orman<:. witl> \he City'. Below Mruket Rate ("BMI< ") re<!"irements (progr"" 13 oflhe Housing Element of tbe Comprehensive PIan), the OWl"" of the subject property sball, .,ccmp[,s' the foThJwing: Co) As long as the project remains. re",Al project (ie. as Ioog as no tmit has been sold), tile aFplicant sball pay a fee in lie" of dedicatiol'l of a<:twd II [J its. (b) As of the date of .,Ie of the first unit in the project, the appEca:a shall pta<:e thr~ uni~s in the B1-<tR prOgrdffi, and no furthe.r rental in­ Jieu payments witt be due. (e) ~A..t any time WI comp1etion of cons.tructicn DC tbe Project and Pi)or to close of escrow on the safe of t.l-J~ ftrst unit in the Pr'cject, the O'NDer may cuy out of the Ctty's 8MR. program by pa,ing an in­ fleu fee to the Ciry"s Housing Re:>erve Fund !:lased co. fJ've percent «Ole 10(31 market value of aU the individuaJ uni3. The sales ,,"alue cf the units ,hall be estabrlSbed by an inde~endeni [<a1 prop .... 'y appraiser bird by ,b;, City ."d paid fo.-by Ill. o\\ner (d) Not<.ithstanding pro'isions (a) tl>!O\Igl\ (c), no taler ,han ;0 5 ..... from the d'ate of initial occupancy of me Project, the owner of the subject property shan ex:ercEse either pro"vi:;'ion (b) (pia.:-e units in fue 8MR program) 01" pro.ision «J (buy OU' of the program) The pro\.isiol"1S of this condition have been negotiated betvw'een rhe Cj.ty and the project appli'ant. and are set fortll in tIla' Jetter dated February 3, ) 995, from tbo Oirec\OC 01 Pb.-ming and Cemmuruty Environment;, and these pfO\''isions snall l!SO ~ incorporated infO the Subd"'rvisic,e JmpfO\'emect Agreemen! required as a coodition of apPfO'--al or Ihe kntative subdivision map foc the subje<.t property Prior to isSUance 01 an Excr .... ariQn Perm il (vb) A detailed sitC'-!tpec.rK icil report shan be submitted wt.icn indJdes i-r.fonn311cn OD ",.,tor -table and basemet\l «,.,.tructioo issues, til) The oo.ner cf the .u~j.C\ property ,h.ll obtain a permi1 from tlle Region,1 Water Quafiry Contr~ .Plant foe cfr.scbarge of treated or untreated groundwater to the sania...,-sewer ry51e1n. .-.. " Prior kt Issuance of a Structural p~!! (a) (,dors, materials and architectural deta~. ,hall b. subject 10 flIlal ARB approval. (.ii) A. revise<! landscape plan shan be submitted fo< review and approval by Ihe ..... cbitecrural Review Boar~. including !he fcncwlng: {I) The improvemen\$ witllin Ibe public right-of-way 'hall include new street trees .. irrigation" curbs. gutters and sidewalks on both sIdes of Park: Boulevard between Sheridan Aven'ue arld Grant Avenue~ {2} The wee! trees design shan inCO'l'ora1<: (.) retentioo of most parlOng on Ibe oonh side of Park Boulevard, with bulb-<>uts provided in1erm1ncnuy-. parking along the south side of PiV"k Boulevard ,.iIl be removed and replaced ",ilh an eight (8) k'<lt wid. planting ar~ (b) synm,xe" trees l/.,;iili groond cover pla.."'ltlng; and (c) catcll basins ami otber storm drainage improvements as determined by Ill. Direclo< of Public Wor"" Cr.) fL-uI Iafldscope and irrig.tion plans whicb meet the requirements of the City's landscape Water EfflC1ency Standards are reqUired foc submittal fer review Ind: approval by tile Architecrural R.,·iev.· Board, Ci!]l Metis", Vtilities Energy Servkcs Divis toll and Plann illg staff An utility meters. Ilnes. transformers. 'beckflow prevent~ and any other required utilities.,. shall be snown on the landscape _ and irrigatio!l ptans, The plans s'h an show that OD conflict Vwill ocrur between the utLlities and landsca.pe materia~s The uulities shan be screened in I manner which respects Ibe buillling design and setback requirements Ground colo"er along Park Bou1l:vard' shan not exceed three feet in briigbt ab(}\.'e tr.e \evel of' d1c street grade to provide visibtEty for drivers enterif.!~ Par~ Boule ... ;ara at Sherld!m. and at the project drive~4J. Signage and landscaping soa.n meet tbe sigbt alstance requirements of PAMe i8 83 18.83.080~ appllcabJe to project frontages where driveways are present,. and in parking lots landscaping shall be specuKany ldenbfied in the land~ape plan as meeting these beigb.t restrkticros (\') The plans sball be revised kJ include a re .. ·.Yding area,. to the satisfaction of ilie Pub!i<: Works Operations Division. (n) Prio< to submittal of ftnal landscape plans. I Iree protection plilfl, prepared b) • (ertifaed arborist, shall be submitted for re-view and appro .. ·aJ b,' the P:anrung Department and implemented prior to demolition and. thr.:>\lgoout project .construction. The plan shan include measures 10 prolect t.~ e:o<isting street trees &fong Sheridan Avenue during Gort5uuc:-Jon of rhe und'ergrO\Jnd parking garage .Recommendations SO insure adequate fOOt \"olume fO( successful gro\),"th and de1;'elopment of the street trees adjacent SO me proposed undeq;round parking garage shaH be pro...-\ded, If DetCSSary. the wan fcc the underground garage shatl be moved so\\o--ard' ilie inlerior-cl the site 'k) insure ad"equare 1(\('1( volume fOf die 5-!reel trees,The plan sltan include identi.fJ<:&rwtl of aTl trees '10 be protected and ;ndu.ie measures /of" their protection dUfLng: construction, including a temporary constru<.tion fence 10 be erected at'JlJr.d each tree whic'h is to be Saved It shan consist of portable cyclone fencing. Of wire mesh securely attadJed tn metal posts driven intI) tlie ground (I( an alternative terH::ing approved in writing by the Planning Department. The purpo'" 0( the fencing is to keep an construction acu:""ity and S1.Ofa£;c outside tM driptlne of the trees It shan be erected before any construction machinery enters the site, tnd shaU tiC)( be removed until the final site landsca~ grading i$ completed, Tree protectioc measures, including wrapping cl' major limbs for protection of street uta during c:oostr.Jction:,. as dett:rmined by the City Arborist and Planning Diviskm. sbarI he in place prioc 10 commencement of any construction activities. (vfu) A (mal grading and drainage plan ,ban be submitted f()£ review and approval by Ill. Pubtic "'~ork.s Engineering Division, including drainage patterns on the site and from adjacent properties.. The pIan sba!'1 demonstrale that pre-existing drainage patterns 1:0 and from adjacent properties are nDC aTtered (d) Tbe parking and Joading: req:u~ements gcn,;erning the subject property shall fJe in accordance with t1:Ie Development Plan, except as fQno~"S (i) No portioo of the underground pan..ing gara.,ge may exten,j into the public ngnt-or-",,·ay. (ii) Centerline striping s~,all be pro'ided on the underground garage ramps; mirrors sbaM be pb:ced at appropriate' locations on the nmp landings on t.cth fevels to enhance driver \·isibiiity; if structurany feasible, an opening s-ban be provided in ~,e east wan of the entre rami' at its tanding on the first revel of the garage (lii) The project shari provlde :;'0 Class I bi.:yde parl;:ing spaces and .3 Class ru $P3Ce:i SpecgK3ti"Ons and details of the required bicycte parking shan be suo mind f(li"" review and appro .. :a.l by the T ransportatio::l Di .... iston. This document is recorded for tLe benefit of the City of Ra10 ~to and is entitled to be recorded free of charge in accordance Yith Section 6103 ... of the GovernmeDt Code. A£ter Recordation. mail to: OFFICE OF THE CITY ATTORNEY ::iSO Hamilton Avenue Palo Alto, CA 94301 -c-.... -..:. .'".- .:-~ " . P1UVATE ~Cl! AGUEMENT FOR. STRUT MAntTEN.ANC£1 REPAIRS ... ,A);P LANDSCAPIlilG ntIS J:GREEMEN'l' is ent.ered into on • 1995" by and between the CITY OF PALO ALT0 1 a --chartered cI-ty and a municipal corporation of the State of California ("City·) and COUR'i' BOUSE PLAZA COMPANY. a limited partnersnip ... hereir~fter referred to as '"Developer-; B.EC1'l'ALSr WHEREAS... Developer is tbe owner of that certain real property located in the City of Palo ~to~ County of Santa Clara~ State of California... generally known and described as 2650 Park Boulevard and 204 .. 228, and 230 Sheridan--Avenue~ Palo Alto r-property·) ; WHEREAS~ the City Council, by adoption of Ordinance No. 4268 (·Ordinan<:e· i i a..'TI.ended the zoning classification of the Property from tbe RM-40 district to a planned community (PC) district, to all~ Developer to develop the Property in accordau~ce vith the terms and conditions of the Ordinance; WHEREAS, undet the Or~inance and the conditions of the tent.ative subdivision trap app·roval, Developer must install certain street i1rprovemer~!:.s~ including streec trees and landscaping on both sides of Park boulevard in the Yicinity of the Property; and WHEREAS .. under t.he Ordinance and the conditions of the tentative subd.ivision map approval~ Developer must enter into a Ir.aintenan-ce agreement -with City. whereby Developer must rr.aintain the landscaping and irri9ation improve."nents to be installed within tlle public right-D·f -'WaY ~ and provide street sweeping in the area of the new improv~£nts; NOW~ THEREFORE, in consideration of the following covenants, terms. and cOnditions .. tbe parties hereto agree: 1 • " ',' o 1.. ~. The term o,f this Agreement shall coauneo-:e upon its execution by the parties. and shall continue for so long as Developer or its successors and assigns own and operate the Property. 2. GENE~~ OBLIGATIONS.. Developer~ at its sole cost and expEnse. shall_construct the public improvements described in t.he Ordinance .. the tenta.tive subdivision map approval, and the subdivision agre~nt .. and shall maintain and repair~ or cause to be maintained and repaired.. all landscaping and irrigation improvements required to be constructed vithin the Park Boulevard public right~of-Yay located adj3cent to the Property. and on the opposite side of Park Boulevard from ,the Property. as depicted on Exhibit A.. attached hex'eto and iDcorporated herein by this reference. 3.. GROUNrX:'OVER NID IRRlGATION~ Developer .. at its sole cost and expense .. shall construct. inspect, EMintain, and repair, or ca~se to be constructed, inspected. ~aintained~ and repaireo, without l~itation~ the improvements in the l~dscape Area, in good operating condition, as more fully set forth belo~. 3.1 All groundcover shall b€ watered and cared for to the satisfaction of the City ~borist. 1.2 The limitatioo r timers and operating condition. irrigation system, .controls, shall be including r maintained without in good 3.3 The landscape areas (those areas depi~ted on Exhibit A for planting of groundcover) shall be kept clean and tree all of garbage, trash r ar~ debris. 4:. STREET SWEEPING. Developer .. at its sole cost and expense~ shall on a ~eekly basis sweep~ or cause to be swe~.. the portion of Park Boulevard on the northeast side, between Sheridan and Grant". ..... hich is between landscaped "bulb-outs.· Developer~s obligation under this Section 4 shall corrroence upon acceptan~e of the Park Boulevard improvements by City and shall terminate five (5) years thereafter. 5. STREET TREE MAINTENANCE. Developer. at its sole cost and expense .. shall maintain, or shall caused to be maintained~ the street trees along Park Boulevard sh~n on Exhibit A. Specific duties shall include. without limitation. ~tering. general tre~ care.. the replacement of dead trees~ as necessary.. to the satisfaction of the City Arborist .. as ~ell as the maintenance of tree grates~ Developer's obligation under this Section 5 shall commence upon installation of the street trees to the satisfaction of c;ity and shall terminate five {51 YEars thereafter. 6. WAIVER AND RELEASE_ Neither City nor any of its council 1tleI!lbers .. officers .. errployees, or agents shall be liable to Developer .. or an} successor or .?_ssign of Develop;r,. for any damage .. loss .. or liability, arising in connection wir.h the ownership. 2 '- .'---/ • • :-; " <'<.- () operation .. .eonstru-ctioo.. or development of t.he Property or any building thereo~ or for the perfor.man~e or failure of performance Qf any obligation of Developer ur.der this A3reement~ ~ excepting ~bose Obligations imposed solely on City hereby. Developer herehy waives and releases any claim or cause of action which Developer may assert or POSSESS against City. its coun~il members, officers, employ-ees .. or agents l excepting those obligatiocs imposed solely oc. City by this Agreement. and excepting any claim based on the sole negligent acts 0= omissions Of City. its officers .. employees, or agent.s .. 'J.. INDE:MNJF1aTIQN.. Developer shall indem.."lif),-,. defend, and hold harmless. City" its couL<:il membe'rs., officers .. employees .. and agents, from and against any and all liability.. losses .. damages .. claims., costs" and expenses, for inj'ilry or d~..age to person., including death .. or property. -of any nature "w;ha.t.soever~ arising in connection with or as a result. af Developer"s performance of or failure to perform its obligations under this Agreement" or of Developer's ownership or operation of the Property or the building t~ereon. revel9P€r's indemnity shall not extend to or in-clude dan'.ages and claims based upo:n~ or resulting from" the negligent or criminal acts of third parties. With respec~ to the specific obligations imposed upon City by this Agreement., City shall hold DevelC':lpEr r.armless from all damages caused by the negligent acts or anissions of City. its officers" employees. or agents. a . INSURANCE • 8.1 Developer., at its sole cost and expense~ shall maintain general liability and property damage insurance ~th a combined single limit coverage of one million dollars ($1. OO{). 0-001. insuring against any aDd all liability of Developer and its authorized representatives arising ou.t of o.r in connection with tee exercise of the rights and obligations of Developer under this Agreement. A11 general liability insurance and property d2rna~e insurance coverage also shall insure performance by Developer of t.he indemnity prOVisions of this Agreernent. City" its council members., boards" commissions~ officers" employees i and agents shall be naJt.ed as additional insureds under such insurance, and the policy or poliCies evidenci~3 such insurance shall ~ontain cross­ liability eodors~ents_ 842 All ir..s..Jrance required by this Agreement shall: fa} be issued by insurance companies authorized to do ~sic.ess in t.he State of California reasonably acceptable to City~ (b) be iSSUed as primary policies i and [el contain an endorsement requiring the insurer to give 30 days' prior vritten n~ice to City and Developer before the effective cancellation of or change in coverage .. scope. or a.Jlli:)Unt of any policY4 Each policy. or a certificate o-f the policy r together 'With evidence of payment of premiurr~.. shall be deposited with City prior to completion of the improvements .. and on rene'Wal of the policy or policies~ not less tban 20 days before the expiration of the term of the then current policy or policies. 3 --: .. . "-. .-; .• :: , -~;, " >..:;,:..;" ... ,'· .... ·'··: ... ,· .... '·,' ....... ··""' ... c.:..'c~"''"'-i;.,='''- 9:. PESTRtjCTIQN OF IMPROVEMENTS ON PROPERTY~ !n the event that. the "ilrprovements on t.he Property referred to herein are tocally oc partially destroyed# Developer shall have DO ohligation t.o repair or restore such improvements, except as required by applicable law. . The destruction of the improv€ments on the Property ~hall ~ reli~-e Dev~loper of ita obligations re~Jired to be perfo~ pursuant to th~ terms of the Ordinance or under this Agreement. 10 ~ D::e:FAULT BY DRVSIPPER~ The occurr.eD<:€. of any event set forth below shall constitute a default of this Agreement and shall ent1tle the non-defaulting party to declare a material breach of ~his Agreement. 10.1 Developer fails to perform obligations hereunder in a timely manner~ including timely repairs or ~eplacements. any of its the making of 1D.2 its obligations ~hich Works (·Director·l or or property ~ Developer delays the performance-of any of in the opinion of City's Director of ~~lic his or her desig~ee. shall endanger persons 10.3 Developer is adjudged a bar.krupt" -or mak.es a -general assi.gn..T>'.€.nt. for the benefit. of Developer's creditors. or a receiver is appointed for Developer or Developer's esCate. 11. REMEDIES FOR DEFAULT~ In tbe event of a default by Developer, at its option, City -r:ey serve vritten notice upon Developer tr..at Developer is in breach of this Agreement .. and elect to exercise any and all -right.:s and remedies reserved to City under this Agreemen::. or by law. This ehaIl incluee the right of City. at its optioo., to perform ar.y wor1c~ repairs* or replacements, and Developer shall pay to City the actual cost of such wor}c# repairs" or replacements. AI.'1.y such perfonr.ance by City shall be coooucted on behalf of Developer vithou:t releasing Developer of any liability therefor. Developer represents and W3rrants that it shall pay to City .. upon demand, any such costs and expenses~ including these costs and fees set forth in Section 17. 12. TIME OF THE BSSENCE. The parties hereto agree t.l";.at in tbe performance of this Agreement time is of the essence. 13. CO~TI RUNNING WITH THE LAND. The terms and conditions of this Agreement shall run vith the land and shall apply t.o .. and sl'..all bind, the beirs. successors~ e.xecutors~ ad~inistrators~ assigns l tenants I and contractors of the parties. 14. ~RDATION. Upon execution of this Agreement~ the parties agree that City snaIl cause this ~greemeDt to be recorded i3 t-he O.ffice of the Recorder of the County of Sa!1ta Clara .. California. ,. , , 15. HQ1~. Uale$S ~herwise specified in this Agreement. all notice hereunder shall be given in writing and mailed~ postage prepaid, by certified mail, addressed as follows: TO City. To Develope't': Office of the City Clerk City of Palo Alto ~SO Hamilton Avenue palo Alto, CA 94301 Court House Plaza Company 29 Lowery Drive Athert~n~ CA 94027 The address of a party may be changed from time to time by written ~ice given to the other party in the ~anner set forth herei~. Notices given in the manner set forth herein shall be deemed received 5 days after deposit in the ~ail. 16. WhIVER. The waiver of any breach or violation of any term r covenant. provision. or condition of this AgreemeDt~ or of any ordinance or lay. including the Ordinance, shall ~~t be deemed to be a waiver of any other breach or violation or subsequent breach or violation of tbe same or of any other term. c~Jenant~ provisioo i condition, ordinan~e or law. 11. .cosTS AND-ATI'ORNEYS' FEES. The prevailing party in any action brougbt to enforce the ~oveoants. te~s. provisions. or conditions of this Agreement may recover from the ocher party its reasonable costs and attorneys~ fees expended in connection with su-ch action as may be awarded by a. court of competent jurisdict.ion. 18. EXHIBITS_ ~l exhibit~ ceferred to in this AgreE-~nt or in any duly executed amendment t.o this Agreem€:'nt are by such referen.ce in-corporated in this Agreement and made a part "hel:"eof. /I /I /I II /I /I 1/ If /J /I 1/ 1/ II /J /J /I 1/ /I II 1/ 5 c. \J t9. SEVERABILITY. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceahle# the other provisions of this Agreement shall remain in effect. IN WITNESS ~~F, the parties hereto hava caused this Agreement to be executed in .Palo Alto~ Coun~y of Santa Clara as of the date first above written. CiTY 01' PM.O l<L'1'O Jo'...ayor: ATTEST. City Clerk APPII.OVED AS TO 1'ORJ(. Senior Aset. City Attorney APPllOVlm. Manager Director of Finance :Risk Manager Director of Public Works • DE\'SLOPEll- COUlI1' BooSB PLAZA CQQ>J\liY. a limited partner~bip By, HOhbach Enterprises s Inc., a California corporation, ~neral ParCD~r ~ ~~: c ).L4:..~ Harold C. HOhbach President Exhibit A: Diagram of Impraveme~t5 to be M~intained 6 CERTIPlCArE OF ACDlOWIoBPGMEN'l' (Civil Code I 1189) STATE OF CALIl'ClmIA COUNTY 0 l' SANTA CIAIIA ) I ) .... "-.:00 21, 1995 .. -before Jne, J:athleen M~ Smith • a public in and for said County, personally appeared BargW £ ~ I persC>tlal1y kDO'Ir"tt. to l!'.e (or iTTra? 's 2 an the baYed F7ttsfS9SCSr wdispzol t.o be the person[s) whose oaree(s} is/are Subscribed to, the 'Witbin instrument. and acknowledged to me that he/she/t.hey eY~cuted the san-.e in nis/· her/their authorized capacity(ies}, and t.hat by his/ber/th~ir signat'J.rers} ~ the instrument the perSoX.CsJ. or the entity upon behalf of which the pErsonCs: acted, execut~d the inst~~nt~ seal. '-. • 7 /l' GRANT AVE. ,---____ :z -4" SCHEDULE 40 ~'C SLEEVES fOR IRfUGAT'OH tATEAAL.$ u .... rcHltN.E STAR JASMINE GROiJNOCOV'i:R {fRACl-l.ElOSPERM'UtIa JASMI/IK)IQESJ" _ LONDON Pl,A.'ljE TREE CPlATANUS A. "8l00()G0(Xt'i LAAlGArON TO CONSiST OF SPRAy HEA.OS !RRtGATtNG TKE ENTIRE SURfA.CE OF THE P\...J.N";'ER AND \NDIV'ID..I.a.L FLOOD BUBBlERS WiTHH'~ THE WATEA.!NG aASlN OF U,CH TREE. A '¥ {)LI\M ETEA AERATION! DRAINAGE SYS-TEIroI Will BE rNST,(LLEO IN EACH PlANTER AREA '--' -' ....... '~ .. ~"~,~ .. ~ • r SHERIDAN _ AVE. J ! 2650 PARK BOULEVARD ;-1' . i '" j ~: ... <~:-: o STREET iREES NOTe SWi:;.EP"..NG OF N.E SIDE. ~ PAAX £lLY!), FROM SHEIDt::ilItN AVE-ro GAA.NT AVEl SHAll. BE PERFORJ,t€o WEEKLY Sl' THE ceVELOPEA fOR A mE "f'EA1I; PEFuOO February 3. 1995 Harold C. Hohbach Court House Plaz. Company 260 Sheridan Avenue Palo Alto. CA 94306 Subject: BMR Agreement· 2650 Park lloulevardl204-230 Sheridan ~D-_ Avenue Dear Mr Hohbach: This letter summarizes the agreement reached between you and Planning Division staff regard'.ng satisfaction of f'Togram 13 c;( the City of Palo Alto Housing Element. !he Below Market Rate jBMRl housing program. for you< thirty-unit project at 2650 Park lloulevard!204·230 Sheridan Avenue. presently named Sheridan Plaza (the "Project",. n·Js letter reflects changes in the BMR component based on Oty C<,u<ld actions at its January 23. 1995 ",eeting. including a requirement that the project include 5 BMR units. The conditions of this letter win be included in the conditions of the Plamed Convnunity zone change O<dinance. The terms ~ this letter of agreement sha~ also be incorpo<ated into the Subd"lVision Agreement. which must be completed and signed prior to the fonal map being consi<;lered by the City Counc~. You intend to obtain City CouncH approval of a r"",1 subdivision map for the Project that will anow for the futUfe sale of the thirty individual urut •. However. you propose to rent the units in the Project until such time as you are prepared to sea them. Acco.-dingly. the agreement includes 1) an initial re"tal component. 2) a futUfe sales component. and 3) payment of an in-6eu sales fee. 1. RENTAL As long as the Project remalns a rental project (i.e. as long 8S no unit has been solo'] and you have not paid an n-~eu sales fee under provision 13 of this agreement, the City agrees that it will accept 2::(J}-tJmiltmAI"en.r PO!!QJo.\\I50 i'aW.AJID,CA94.~ 4l5.J2It.2-ill 415 . .uo;.2:..(JFob. ......... ~--;-----. ---:--- . - " .. , Harold Hollbach Oate Page 2 from yoo payment of a fee in Deu of dedication of ""tuBI units. You shan pay to the Cfty's Housing Reserve FU<'Id a quarterly fee of $3.300. No fee payment shan te requrred or assessed for the first sIx months, be9inning with initial occupancy of the fIrSt unit in the Project. The f .. 5t fee payment. wruch win re!>fesent three months of occupancy, shan be ~ nine months after initial cx:cupancyof the f.-st unit. Payments shan be due every three months thereafter. regardless of the number of units rented in the Project. 2. SALE Of THE UNITS At the time escrow is closed on the saTe of the r .. sl unit in the Project, five units will be placed in the City of PaTo Alto BMR prog<am {the "BMR Units"l. 0, .... 3-bedfoom BMR Unit and one 2- bedroom BMR unit shaD be located on the ground fioo<-. Two 2- bedroom ~ne .. units shan be located on the second floor and one 2-bedfoom non-corne< unit shaD be located on the third fIoo<. The 3-bedfoom unit shan have an initial saTes price of $143,150. The 2-bedroom units shan have an initial sales price of $122.150. Parking spaces sha n te aDocated to the SMR Unit s in the same r.umber and manner as other units in the Project. A minimum of one parking space snan be .nocated 10 each BMR Urlit. AM sppfiances l materials .. flilishes .. and other exterior and interior amenities shan be the same in the BMR Urlits as !>fovided in the majocity of the Project's remaining • ..ruts. During the rost frve year. after issuance 01 the ooikflflg permit for the Project, the owner may reQUOst in writiog 2 one·time price adjustment to tne saTes price of the BMR Units to t.'1e thSn-cu<rent average BMR Pfice for 2-bedroom and 3-bedroom units. as afVlU<lny estabfished by the City of Palo Alto Planning Division. The PlaMing Division"s alYlUaI determination is usuany made", May. Except as otherwise provided in the Agreemer>t, no other a<fjUStmen!s in saTes Harold Hohbach Date Page 3 price shan be made fo< the 8MR Units. 31 1N-lIEU SALES FEE At any time .. fief completion of construction of the Project and prior to close of escrow on the sale of the r ... t unit in the Project, the owner of the project may buy out of the City's SMR program by paying an in-fleu fee to the City's Housing ROSONe Fund based on eight and one-third percent (8.33%) of tt>e total marl<et value of the project 2S " 'Mia! preject and not as a CO<>dominlum project. The saTes value of the project shaH be estabr.shod by an ;..,aependent real property appraiser hired by the City and paid fo< by the owner of the Project. Regardless of any otl1er provisions in this a9feement, no later than L'1irtv (30) years from the date of initial occupancy of the Project, the owner shan exercise the provision of either 12 'Sa'e ()f the Units" or 13 'In-lieu SaTes Fee"_ Please sign this letter where shown bEllow and return. it to me~ inOu.::atH-J.g that we have reached a\lfeernent regarding your 8MR COf'.tribution fO! the Project. This letter supersedes the previous Tetter of 89feernent dated November 28, 1994. Sincerely, KENNETH R. SCHREISER Oirecto< of Planning and Community Envirorvnent I a9fee to provide a Below Market Rale component to the Project located A.;\'994\LT&MRHOH.'THfI ... ':',;.-. Ha<o1d I-Iohbach Date f'ajl84 at 2650 Park 8o'Jlevardl204-230 Sh",lden Avenue as described in this lett", dated february 3. 1995. A-de: )~ Harold C. Hohbach ~ L'. 155. Oate cc: Micllael Lyzwa. CQort H<xJse Plaza Company. 260 St-&'odan Avenue. Palo Alto. CA 94305 Marlene Prendergast. Palo Alto Housing Corpo<ation Sue Case. Sen"" AsoistaN City Attorney Jun Gimland. Ass1stant Planning OffICial Bob Schubert. PIa nner Cathy Siegel. Senior PlaMer A:\l 9194\l. T8MRHClH.. THR ".",-..