RESOLUTION NO. PC 2022-08
A RESOLUTION OF THE EAST PALO ALTO PLANNING COMMISSION
RECOMMENDING THAT THE EAST PALO ALTO CITY COUNCIL CERTIFY A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR); ADOPT THE
MITIGATION MONITORING AND REPORTING PLAN (MMRP); FILE A NOTICE OF DETERMINATION; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT AMENDMENTS TO THE GENERAL PLAN,
DEVELOPMENT CODE, AND ZONING MAP; AND APPROVE A DESIGN
REVIEW PERMIT, CONDITIONAL USE PERMIT, TENTATIVE PARCEL MAP AND DEVELOPMENT AGREEMENT FOR A MIXED-USE PROJECT AT 2001
EUCLID AVENUE
(WOODLAND PARK EUCLID IMPROVEMENTS).
WHEREAS, the application for General Plan Amendment (GP19-001) and Development Code and Zoning Map amendments (ZC19-002), Design Review Permit (DR 19-028), Conditional Use Permit (CUP22-003), Tentative Parcel Map (TTM19-001), and Development Agreement submitted by Woodland Park Communities/Sand Hill Property Company ("Sand Hill") pertains to an approximately 3.92-acre project site generally located at 2001 Manhattan Avenue, East Palo Alto, CA; and WHEREAS, Sand Hill proposes construction of a mixed-use residential project containing approximately 605 residential units within three buildings ranging in height from 5 to 13 stories with approximately 605 parking spaces in a structured garage and approximately 2,500 square feet of community function space and 2,215 square feet of neighborhood-serving retail space; and
WHEREAS, on July 1, 2021, the City issued a Notice of Availability of the Draft Environmental Impact Report (DEIR) and received fifteen comment letters during the extended 75-day public comment period which ended on September 15, 2021; and WHEREAS, a Final Environmental Impact Report (FEIR) has been prepared in accordance with Section 15132 of the California Environmental Quality Act (CEQA) Guidelines and the Planning Commission reviewed the FEIR and the comments received during the public review period; and
WHEREAS, in accord with Section 15090 of the CEQA Guidelines, the FEIR has been presented to the Planning Commission and the document reflects the lead agency's independent judgment and analysis; and
WHEREAS, a Statement of Overriding Considerations has been prepared in accordance with CEQA Guidelines Section 15093, and the statement of overriding considerations is supported by substantial evidence in the record; and WHEREAS, the proposed General Plan, Zoning Text Amendment and Zoning Map Revision are consistent with the General Plan's Westside Area Plan Policies 5.2 through 5.5, which set forth requirements and procedures for new developments proposing increased intensity; and
WHEREAS, the project is consistent with the development standards and permitted uses in the City's Municipal Code and the proposed Development Code Amendment; and WHEREAS, Section 65864 et. seq. of the California Government Code and Chapter 18.108 of the East Palo Alto Municipal Code authorize the City to enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of that property; and
WHEREAS, on July 25, 2022, the Planning Commission held a duly noticed public hearing on the General Plan, Development Code Amendment, Zoning Map Amendments, Design Review and Conditional Use Permits, Tentative Parcel Map, Development Agreement, Environmental Impact Report (EIR), and other project entitlements;
NOW, THEREFORE, BE IT RESOLVED THAT THE EAST PALO
ALTO PLANNING COMMISSION hereby recommends that the East Palo Alto City Council:
1. Certify that the Final Environmental Impact Report (FEIR) has been done in compliance with the California Environmental Quality Act (CEQA);
2. Adopt a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000);
3. Adopt a Statement of Overriding Considerations;
4. Direct the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section15075 of the CEQA Guidelines;
5. Approve the General Plan Amendment (GP19-001) and Development Code and Zoning Map amendments (ZC19-002) establishing the Neighborhood Center Overlay District;
6. Approve the Design Review Permit (DR 19-028), Conditional Use Permit (CUP22-003), and Tentative Parcel Map (TTM19-001), based on the findings, requirements and conditions of approval which are Attachments to the resolutions and incorporated by reference; and
7. Approve the Proposed Development Agreement for the Woodland Park Euclid Improvements Project
ADOPTED on this 25th day of July 2022, by the following vote:
AYES: Brown-Austin, Mashack, Mendez, Sherrard
NOES: Allen-Fisk, Smith
ABSENT: Bello
ABSTAIN: Nicholas
Michael Mashack, Vice Chair
ATTEST: APPROVED AS TO FORM:
Valeria A, Dermento
Salani Wendt Valerie J. Armento
Planning Commission Clerk Interim City Attorney
ATTACHMENT A REQUIRED FINDINGS AND CONDITIONS OF APPROVAL
CITY OF EAST PALO ALTO PLANNING DIVISION
BroAD AAJSTREET CITY OF EAST PALO ALTO, CA 94303
FINDINGS OF FACT
Required Findings for Approval
The Review Authority may approve, conditionally approve, or deny the General Plan Amendment, Development Code and Zoning Map Amendment, Conditional Use Permit, Site Plan and Design Review, Tentative Map, and Development Agreement applications only after first making all of the following findings.
Findings for General Plan Amendments (EPAMC Sec. 18.114.060(A)) The amendment is internally consistent with all other provisions of the General Plan; This finding can be made because the amendment and Neighborhood Center Overlay designation implements Westside Area Plan Policies 5.2, 5.3, 5.4, and 5.5, which set forth a process and requirements for projects requesting increases in intensity. The Neighborhood Center Overlay (NCO) designation would be used to increase intensity of development sites on a project-by-project basis, in designated areas as shown on Figure 11-12 of the Westside Area Plan. The amendment is internally consistent with all other provisions of the General Plan.
The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
This finding can be made because the project site would be the only site with the NCO land use designation and the effects to public health and safety associated with the increase in intensity of the proposed amendment has been evaluated in an EIR, which has identified mitigation measures and sets forth a Mitigation Monitoring and Reporting Program. These measures are incorporated to avoid potential environmental effects, including those that relate to public health and safety. Future application of the NCO land use designation to additional properties would require amendments to the General Plan to add the NCO land use designation to those additional properties, which would require additional evaluation under CEQA and additional analysis to make required findings.
The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
This finding can be made because the affected site is located in a developed area of the city for a use that is allowed in the General Plan, Westside Area Plan and in the Development Code. The increase in intensity included in the amendment has been studied through the project's EIR. The project site is approximately 3.92 acres in size and is accessible by city streets including Euclid Ave, West Bayshore Road, Manhattan Avenue, East O'Keefe Street, and O'Connor Street. The site is adequately served by public services and would pay impact fees to accommodate any increase in demand of public services due to the new development. The project includes upgrades to the City's utility and stormwater infrastructure, including construction and connection to a new water tank to upgrade fire water pressure, and Mitigation Measure UTIL-3.1 requires that the project makes fair share contribution for construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination boyft alaskany, seretfe site's sanitary sewer demand. Condition of Approval 74 requires the project to receive a will serve letter from the East Palo Alto Sanitary District prior to issuance of building permits.
The project would maintain the local circulation network without blocking or altering existing routes or traffic flow. The project would include a high-visibility crosswalk with appropriate traffic calming measures at the intersection of O'Connor Street and Manhattan Avenue to connect the project to the University Circle complex, to facilitate greater neighborhood connection, and to provide a convenient path for nearby residents to access the future University Avenue pedestrian and bike overpass. As noted in the project's traffic study, nine of 22 study intersections, currently operate with LOS peak hours ade existing to gave afrikes A or tie intersection dare nashare contribution to planned intersection improvements, which would improve the intersection operations to an acceptable LOS or otherwise improve pre-project conditions.
Findings for Development Code and Zoning Map Amendments (EPAMC Sec. 18.114.060(B)) The proposed amendment is consistent with the General Plan and any applicable specific plan; and
This finding can be made because the amendment and Neighborhood Center Overlay District implements Westside Area Plan Policies 5.2, 5.3, 5.4, and 5.5, which set forth a process and requirements for projects requesting increases in intensity. The NCO designation would be used to increase intensity of development sites on a project-by-project basis, in designated areas as shown on Figure 11-12 of the Westside Area Plan. The amendment is internally consistent with all other provisions of the General Plan.
The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City.
This finding can be made because the proposed amendment was designed to ensure public health, safety and general welfare. The NCO District amendment includes appropriate project setbacks and open space requirements, and underlying Citywide, R-HD, and R-UHD District regulations are applicable that regulate site and building design, circulation, landscaping, loading, parking, and screening of mechanical equipment. The project site would be the only site with NCO zoning and has been evaluated in an EIR, which has identified mitigation measures and sets forth a Mitigation Monitoring and Reporting Program. These measures are incorporated to avoid potential environmental effects, including those that relate to public health and safety. Future amendments including a zone change to the NCO district would require additional evaluation under CEQA. Future projects seeking zone changes would also be required to meet required determinations set forth in the NCO zoning regulations that ensure the zone change is in the public's interest.
The proposed amendment is internally consistent with other applicable provisions of the Development Code.
The proposed amendment modifies a discrete set of development standards for the R-HD and R- UHD zoning districts to allow additional residential density and is internally consistent with other applicable provisions of the Development Code, including Citywide, R-HD, and R-UHD District regulations that regulate site and building design, circulation, landscaping, loading, parking, and screening of mechanical equipment.
The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure tibabtaR pripsed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
This finding can be made because the affected site is located in a developed area of the city for a use that is allowed in the General Plan, Westside Area Plan and in the Development Code. The increase in intensity included in the amendment has been studied through the project's EIR. The project site is approximately 3.92 acres in size and is accessible by city streets including Euclid Ave, West Bayshore Road, Manhattan Avenue, East O'Keefe Street, and O'Connor Street. The site is adequately served by public services and would pay impact fees to accommodate any increase in demand of public services due to the new development. The project includes upgrades to the City's utility and stormwater infrastructure, including construction and connection to a new water tank to upgrade fire water pressure, and Mitigation Measure UTIL-3.1 requires that the project makes fair share contribution for construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination of both to adequately serve the site's sanitary sewer demand. Condition of Approval 74 requires the project to receive a will serve letter from the East Palo Alto Sanitary District prior to issuance of building permits.
The project would maintain the local circulation network without blocking or altering existing routes or traffic flow. The project would include a high-visibility crosswalk with appropriate traffic calming measures at the intersection of O'Connor Street and Manhattan Avenue to connect the project to the University Circle complex, to facilitate greater neighborhood connection, and to provide a convenient path for nearby residents to access the future University Avenue pedestrian and bike overpass. As noted in the project's traffic study, nine of 22 study intersections, currently operate with LOS deficiencies, and the project would have an adverse effect on six intersections during one or both peak hours under "existing plus project" conditions. However, the project would make a fair share contribution to planned intersection improvements, which would improve the intersection operations to an acceptable LOS or otherwise improve pre-project conditions.
Site Plan and Design Review Findings (EPAMC Sec. 10.86.050) The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations;
This finding can be made because the proposed mixed-use development is consistent with the Neighborhood Center Overlay (NCO) land use designation included as an amendment to the General Plan and is in compliance with Westside Area Plan, which sets forth a process and requirements for increasing development intensity at the project site. The purpose of the NCO designation is to support the development of housing at increased intensities with ancillary neighborhood-serving retail uses. The project would provide community space and neighborhood serving retail uses, as well as 605 residential units, 160 of which would be rent-controlled. The project also includes construction of off-site income-restricted affordable housing as alternative compliance with the City's inclusionary housing ordinance, and a Tenant Relocation Plan that is compliant with the City's ordinances and the Westside Area Plan requirements. Further, the proposed project meets all applicable provisions of the Development Code, including the NCO District, and City ordinances and regulations.
The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development; This finding Baobe Alastirbecause the project site is located in a developed area of the city for a use allowed in the General Plan and in the Development Code and meets Development Code standards for the NCO Zone for height, setbacks, and lot coverage. The project site is approximately 3.92 acres in size and is fully accessible by city streets including Euclid Avenue, Manhattan Avenue, West Bayshore Road, East O'Keefe Street, and O 'Connor Street. The application also includes a tentative map, which would dedicate additional right of way to the City and merge multiple parcels on either side of Euclid into two consolidated parcels to accommodate the proposed buildings.
The proposed development complies with the applicable standards of review; This finding can be made because the project entitlements include General Plan, Zoning Map and Jevelopment Code Amendments to modity existing zoning regulations and general plar designations, as well as a brey Rent Pearater Medforuction of new structures. Conditional Use Permit for the demolition of affordable units, and a Tentative Parcel Map. A Development Agreement is also included.
The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property
This finding can be made because the project was evaluated to ensure public health, safety and general welfare. The project's EIR studied the effects to public health and safety associated with the increase in intensity of the proposed development, identified mitigation measures to reduce impacts, and set forth a Mitigation Monitoring and Reporting Program. The project site, 2001 Manhattan Ave comprises approximately 3.92 acres of land and is accessible by city streets including Euclid Ave, West Bayshore Road, Manhattan Avenue, East O'Keefe Street, and O'Connor Street. The site is fully served by public services and utilities, and a 1.5-million-gallon steel water storage tank located at 375 Donohoe Street would be constructed concurrent with the project to provide improved fire flow and pressure to the project as well as the extended City system. The project would also be required to make fair share contributions or improvements to ensure adequate sanitary sewer service. As noted in the project traffic study, the project would be required to make fair share contributions to improve nearby intersection function. A variety of 2-3 story multiple-family and neighborhood commercial uses surround the project site, and the University Circle/Four Seasons campus lies to the east of the project site. The proposed mixed-use residential development has been designed to be compatible with the new NCO zoning district and concentrates the development's greatest height and intensity away from the existing low-rise buildings in the neighborhood and adjacent to the taller University Circle/Four Seasons Campus and US 101 to the northeast to avoid adverse effects on neighboring property. The project also includes appropriate project setbacks, circulation and landscaping, as well as the appropriate screening for loading, parking and mechanical equipment.
CUP Findings (EPAMC Sec. 18.88.060)
The proposed use is consistent with the General Plan and any applicable specific plan; This finding can be made because the proposed mixed-use development is consistent with the Neighborhood Center Overlay (NCO) land use designation included as an amendment to the General Plan and is in compliance with Westside Area Plan, which sets forth a process and requirements for increasing development intensity at the project site. The purpose of the NCO designation is to support the development of housing at increased intensities with ancillary neighborhood-serving retail uses. The project would provide community space, a publicly accessible park and neighborhood serving retail uses, as well as 605 residential units, 160 of which would be rent-controlled. The project also includes construction of off-site income- restricted affordable housing as alternative compliance with the City's inclusionary housing ordinance, BobatheRestiRelocation Plan that is compliant with the City's ordinances and the Westside Area Plan requirements. Further, the proposed project meets all applicable provisions of the Development Code, including the NCO District, and City ordinances and regulations.
The proposed use is allowed within the subject zone and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed residential uses are permitted uses within the UHD and R-HD Zones, and additionally neighborhood commercial uses are permitted by right in the NCO Zone. The increased height and residential density is compliant with the NCO Zone, and the use is also compliant with other applicable provisions of the Development Code and the Municipal Code, including underlying Citywide, R-HD, and R-UHD District regulations are applicable that regulate site and building design, circulation, landscaping, loading, parking, and screening of mechanical equipment.
The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity, as detailed in the General Plan or any applicable Specific Plan;
This finding can be made because the proposed use is consistent with the underlying General Plan designations as well as the NCO land use designation. The NCO designation implements Westside Area Plan Policies 5.2, 5.3, 5.4, and 5.5, which set forth a process and requirements for projects requesting increases in intensity. The NCO designation would be used to increase intensity of development sites on a project-by-project basis, in designated areas as shown on Figure 11-12 of the Westside Area Plan. The project site is located in a developed area of the city for a use allowed in the General Plan and in the Development Code that is directly connected to multiple city streets including Euclid Avenue, Manhattan Avenue, West Bayshore Road, East O'Keefe Street, and O 'Connor Street. The proposed use is compatible with other allowed uses in the vicinity which include residential, neighborhood-serving retail, and office uses.
Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and This finding can be made because the proposed residential use has been designed to be compatible with the NCO District and with the underlying R-HD-5 and R-UHD zoning districts The project would also be required to receive a building permit, which requires additional review of life/safety issues. Further, hazards have been evaluated in the project EIR and mitigated to less-than significant levels via the measures identified in the Mitigation Monitoring and Reporting Program.
The subject site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.
This finding can be made because the subject site is located in a developed area of the city for a use that is allowed in the General Plan, Westside Area Plan and in the Development Code. The project site is approximately 3.92 acres in size and is accessible by city streets including Euclid Ave, West Bayshore Road, Manhattan Avenue, East O'Keefe Street, and O'Connor Street. The site is adequately served by public services and would pay impact fees to accommodate any increase in demand of public services due to the new development. The project includes upgrades to the City's utility and stormwater infrastructure, including construction and connection to a new water tank to upgrade fire water pressure, and Mitigation Measure UTIL-3.1 requires that the project makes fair share contribution for construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination of both to adequately serve the site's sanitary sewer demand. Condition of Approval 74 requires the project to receive a will serve letter from the East Palo Alto Sanitary District prior to issuance of building permits.
The project would maintain the local circulation network without blocking or altering existing routes or traffic flow. The project would include a high-visibility crosswalk with appropriate traffic calming measures at the intersection of O'Connor Street and Manhattan Avenue to connect the project to the University Circle complex, to facilitate greater neighborhood connection, and to provide a convenient path for nearby residents to access the future University Avenue pedestrian and bike overpass. As noted in the project's traffic study, nine of 22 study intersections, currently operate with LOS deficiencies, and the project would have an adverse effect on six intersections during one or both peak hours under "existing plus project" conditions. However, the project would make a fair share contribution to planned intersection improvements, which would improve the intersection operations to an acceptable LOS or otherwise improve pre-project conditions.
Additional Findings for the merger, demolition or elimination of Affordable Dwelling Units (EPAMC 18.48.220):
The proposal will not be materially detrimental to the public interest of the affected neighborhood and the City.
This finding can be made because the project will provide substantive community benefits including a new publicly accessible park, community space, and water tank to improve fire pressure and water conveyance. The project will also provide off-site income-restricted affordable housing in compliance with the inclusionary housing ordinance and on-site rent controlled housing to provide right of return units for tenants and new rent-stabilized units to tenants. The project will provide relocation benefits to existing tenants including right of return units and temporary housing to provide housing security and avoid displacement.
The proposal is consistent with the City's General Plan policies, Development Code requirements, and all other City rules and regulations.
This finding can be made because the Neighborhood Center Overlay designation implements Westside Area Plan Policies 5.2, 5.3, 5.4, and 5.5, which set forth a process and requirements for projects requesting increases in intensity. The NCO designation would be used to increase intensity of development sites on a project-by-project basis, in designated areas as shown on Figure 11-12 of the Westside Area Plan. The amendment is internally consistent with the Tenant Relocation policies of the Westside Area Plan and all other provisions of the General Plan and the Development Code.
Whether the project is necessary to permit construction of special needs facilities such as, but not limited to: childcare centers and affordable housing developments that serve the greater good of the entire community.
This finding can be made because the project would provide a water tank, community space, and a publicly accessible park to serve the greater good of the entire community in addition to constructing off-site income restricted housing and providing on-site rent controlled units.
Tentative Map Findings (EPAMC Sec. 18.52.060)
The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and this Article; This finding can be made because the Neighborhood Center Overlay designation implements Westside Area Plan Policies 5.2, 5.3, 5.4, and 5.5, which set forth a process and requirements for projects requesting increases in intensity. The NCO designation would be used to increase intensity of development sites on a project-by-project basis, in designated areas as shown on Figure 11-12 of the Westside Area Plan. The amendment is internally consistent with the Tenant Relocation policies of the Westside Area Plan and all other provisions of the General Plan and the Development Code. Further, the proposed map and improvements are consistent with the minimum lot set forth in the Development Code and with the provisions of Article 6.
The site is physically suitable for the type and proposed density of development; This finding can be made because the subject site is located in a developed area of the city for a use that is allowed in the General Plan, Westside Area Plan and in the Development Code. The project site is approximately 3.92 acres in size and is accessible by city streets including Euclid Ave, West Bayshore Road, Manhattan Avenue, East O'Keefe Street, and O'Connor Street. The project also includes appropriate project setbacks, circulation and landscaping, as well as the appropriate screening for loading, parking and mechanical equipment.
The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
This finding can be made because the subject site is located in a developed area of the city, and the project was studied in an EIR, which found impacts to biological resources to be less than significant. A mitigation measure would be implemented to required nesting bird surveys if on-site tree removal, demolition and grading to occurs inside of the nesting and breeding season.
The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;
This finding can be made because the project has been designed to avoid public health and safety problems, and mitigation measures will be adopted as conditions of approval to avoid environmental impacts. Mitigation measures would be implemented to reduce impacts to air quality and noise during construction and operation of the project. The project is adequately served by public and emergency services and would be subject to development impact fees to accommodate any increased demand due to the additional population introduced by the project.
The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision.
The existing site does not include any public access easements, but the project would dedicate additional right of way in fee to the City to provide a consistent 60' wide ROW. A minimum 5' Public Utility Easement would be required on all frontages. The easement width can be modified based on constraints and the final utility design, and sidewalk easements would also be required.
A public access easement or license agreement would be implemented to guarantee public access to the project's park.
The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board;
This finding can be made because the discharge of sewage is required to be treated by the East Palo Alto Sanitary District. Mitigation Measure UTIL-3.1 requires that the project makes fair share contribution for construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination of both to adequately serve the site's sanitary sewer demand. Condition of Approval 74 requires the project to receive a will serve letter from the East Palo Alto Sanitary District prior to issuance of building permits.
The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and
This finding can be made because the project is designed to LEED Silver standards at minimum and must integrate sustainable design features to maximize energy efficiency, reduce waste streams, conserve water and mitigate greenhouse gas emissions.
The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.
This finding can be made because the proposed subdivision design conforms the regulations of the Development Code and General Plan. The project's associated General Plan and Development Code amendments implement Westside Area Plan Policies 5.2, 5.3, 5.4, and 5.5, which set forth a process and requirements for projects requesting increases in intensity. The NCO designation would be used to increase intensity of development sites on a project-by- project basis, in designated areas as shown on Figure 11-12 of the Westside Area Plan.
Development Agreement Findings (EPAMC Sec. 18.108.030)
The development agreement is in the best interests of the City; This finding can be made because the development agreement includes significant community benefits with a term length of seven to twelve years (dependent on if an automatic extension is invoked). The development agreement and community benefits are consistent with Westside Area Plan Policy 5.4, which calls for projects requesting increased intensity to enter into a development agreement and/or pay fees to support the development of new parks, open spaces, infrastructure and community facilities necessary to support a higher level of development on the Westside. In addition, Westside Area Plan Policy 8.4, which calls for new community meeting spaces. The community benefits include a 9,300 square feet new public park, community function space of approximately 2,500 square feet, and a 1.5 million gallon water tank and pump system to improve the overall water conveyance, supply, and pressure in the neighborhood.
The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and the Development Code;
This finding can be made because the proposed neighborhood service use is permitted in the Neighborhood Center Overlay Land Use Designation and within the Neighborhood Center zoning district. The multiple family residential use is permitted in the High Density Residential and Urban Residential Land Use Designations in the General Plan and the R- HD and R-UHD Zoning Districts. The purpose of the NCO designation is to support the development of housing at increased intensities with ancillary neighborhood-serving retail uses. The project would provide community space and neighborhood serving retail uses, as well as 605 residential units, 160 of which would be rent-controlled. The project also includes construction of off-site income-restricted affordable housing as alternative compliance with the City's inclusionary housing ordinance, and a Tenant Relocation Plan that is compliant with the City's ordinances and the Westside Area Plan requirements.
Further, the proposed project meets all applicable provisions of the Development Code, including the NCO District, and City ordinances and regulations.
The development agreement will promote the public convenience, health, interest, safety and general welfare of the City;
This finding can be made because the project was designed to ensure public health, safety and general welfare. The project includes appropriate project setbacks, circulation, and landscaping. The proposed mixed-use project has been designed to be compatible with the NCO zoning district, and mitigation measures identified in the EIR and MMRP prepared for the project are incorporated to avoid potential environmental effects related to public health and safety.
The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located; This finding can be made because the proposed mixed-use is permitted in the proposed General Plan Neighborhood Center Overlay (NCO) Land Use Designation and within the proposed NCO zoning district. The General Plan and Development Code amendments meet the required findings, as described above. The project site, 2001 Manhattan Ave , comprises approximately 3.92 acres of land and is occupied 161 existing units and is surrounded by other multiple-family housing development as well as neighborhood serving commercial uses. Therefore, the proposed mixed-use building will be compatible with the other authorized uses in the area.
The project will not adversely affect the orderly development of property or the preservation of property values;
This finding can be made as the project, inclusive of the General Plan and Development Code amendments, is consistent with both the General Plan and the Development Code which plan for and regulate the development of property and set forth property value expectations. The General Plan provides a comprehensive framework for the physical development of the city through 2035 and highlights the project area as appropriate for increases in intensity on a project-by-project basis. The project meets the prerequisites for increases in intensity laid out by Westside Area Plan Policy 5.3, supports the development of new parks, open spaces, infrastructure and community facilities set forth by Westside Area Plan Policy 5.4, and meets application requirements set forth by Westside Area Plan Policy 5.5.
The project will further important Citywide goals and policies that have been officially recognized by the Council; and
This finding can be made because the proposed project is consistent with the General Plan and Westside Area Plan, specifically Goals W-1, W-3, and W-5. Westside Area Plan W-1 is to prevent displacement and preserve affordable housing. The project would provide right of return units, temporary units during construction, and other relocation benefits for existing tenants and would include 160 rent-controlled units in the new development. The project would also further Westside Area Plan Goal W-3 by creating new, high-quality affordable housing, both at the project site (rent-controlled units) and at the off-site income restricted affordable housing development. The project would additionally support Westside Area Plan Goal W-5 by developing of new buildings to improve housing opportunities and improve The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval This finding can be made because the proposed project will provide important and tangible benefits including a community function space, public park, 1.5 million gallon water tank, and bus stop and landscaping improvements around the project site.
EAST PARO
CITY OF EAST PALO ALTO PLANNING DIVISION
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303
CONDITIONS OF APPROVAL
Planning Division
General Conditions:
1) The project shall be built according to the approved plans as part of Planning applicatior R19-028 approved by the City Council on _. Any expansion or change in us hall be subject to review by the Planning Manager and approval by the approprial decision-making body.
2) The Planning Manager may administratively approve minor modifications to the approved plans or uses consistent with Section 18.86.080 of the Development Code. Major Modifications, as determined by the Planning Manager, shall require review and approval from the City Council at a public hearing.
3) The applicant shall obtain a City of East Palo Alto building permit and any associated encroachment or site development permits from the Public Works Department before construction can proceed.
4) The applicant shall notify the project planner to schedule inspections related to the construction of all structures, landscaping, and other site improvements. The notification request shall be given at least 72 hours prior to the requested time for inspection. 5) The applicant shall hold harmless and defend the City, its officers, agents, and employees from any liability or claims for damages due to the injury of any person, loss of life, or damage to property caused by, or arising out of activities authorized by these approvals or from any claim action or proceeding to set aside, void, or annul any approval of the Project by the City. The applicant shall employ legal counsel approved by the city or indemnify the City for the cost of legal counsel and legal services.
6) The project shall comply with all terms of the Development Agreement, as approved by Ordinance No. _
7) The Applicant shall attend a pre-submittal meeting with Public Works and Community and Economic Development Department (CEDD) staff prior to the issuance of a grading permit.
No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan for the subject parcel on which the sign shall be erected has been submitted and approved consistent with the East Palo Alto Development Code. 9) 21 protected trees are approved for removal, as described in the project plans. 42 trees are required for replacement, as described on sheet L-1.0 of the approved plans. Replacement trees must be 24" box size or greater. 10) If any additional protected trees are proposed for removal, a tree removal permit shall be filed with the Planning Division for the removal of any Protected Trees on the property prior to the issuance of building permits. The applicant shall incur any fees associated with the tree removal permit application or peer review. 11) Project landscaping shall comply with City of East Palo Alto and State regulations for water-efficient landscaping.
12) The project shall incorporate native landscaping where possible. 13) Private and dedicated open space and trees shall be preserved and maintained by the owner/occupant per plans when approved by the City. If there are any modifications to the current trees and landscaping or if the tree needs to be replaced by something comparable, the applicant will need to get approvals from the Planning Division in order to be permitted to do so. The approval may require, but is not limited to, separate permits fees, arborist reports, and other necessary documents. No building additions shall be permitted that impede or in any way impact the granted open space excluding small accessory structures.
Landscaping within the Corner Vision Triangle Area (defined by East Palo Alto Municipal Code Section 18.22.020(B)) shall be selected, installed, and maintained consistent with East Palo Alto Municipal Code Section 18.22.020 to avoid obstructions for vehicles exiting project driveways.
15) As part of the project's Transportation Demand Management Program, the project will be required to coordinate with the City's TDM program coordinator to increase ridership of the University Circle Complex shuttle. At minimum, the Applicant shall advertise the private Caltrain shuttle service offered by the University Circle Complex property managers in lobbies and public spaces and coordinate placement of a shuttle stop with the City. 16) Transit passes shall be offered in accordance with the City-approved Transportation Demand Management plan.
17) The applicant or successor in interest shall be required to participate in a TMA if formed.
Prior to Issuance of Grading Permits:
18) SC AQ-2.1 BAAQMD Basic Construction Measures. BAAQMD Basic Construction Measures. Prior to any grading activities, the applicant shall prepare and implement a Construction Management Plan that includes the BAAQMD Basic Construction Mitigation Measures to minimize construction-related emissions. This plan shall first be reviewed and approved by the Director of Public Works/City Engineer. The BAAQMD Basic Construction Mitigation Measures are:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All 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. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All 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
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations.
Prior to the Issuance of Building Permits:
Prior to the issuance of building permits:
19) Applicant shall acknowledge in writing all of the conditions of approval and any mitigation measures contained in the EIR mitigation and monitoring program (MMRP) and accept these conditions and mitigation measures with full awareness of the responsibilities associated with all requirements. Said information to be noted on the front page(s) of the building permit plan sets.
20) The project shall comply with the associated Mitigation Monitoring and Reporting Program (MMRP). Prior to the issuance of building permit the developer shall berequired to meet with the Planning Division to discuss the mitigation measures identified with the Mitigation Monitoring and Reporting Program (MMRP).
21) Applicant shall record a memorandum with the County of San Mateo stating that the conditions of approval are available from the City of East Palo Alto. 22) Applicant shall submit a lighting plan showing all proposed parking lot and exterior building lighting, including details on standard design, coverage and intensity for review and approval by the Planning Manager.
a. The plan shall include the manufacturer's specifications and the 0.5-foot candle contour lines on selected elevations and on the site plan. b. Lighting shall be limited to the absolute minimum required to provide visibility and security to the site without spillover or glare effects to surrounding properties, roadways, or sky to limit light pollution and trespass.
Minor adjustments with diffusers or lower wattage fixtures may be required after opening.
d. Exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Lighting fixtures shall be installed that are energy efficient. 23) Applicant shall submit the method of screening roof equipment to the Planning Manager for review and approval. Roof equipment and objects such as elevator equipment, air conditioning or utility equipment, television aerials, etc. shall not be visible from surrounding streets or properties from the ground plane.
24) Applicant shall submit a site management plan to address any remediation, if required. Final sign-off, if required, shall come from the San Francisco Regional Water Quality Control Board, and building permits shall not be issued until the City has received clearance from the San Francisco Regional Water Quality Control Board for any required remediation of the site.
25) All impact fees, as well as any outstanding costs associated with the planning entitlement process, shall be paid prior to issuance of the building permit. Impact fee information is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/finance/page/4461/east_palo_alt o_comprehensive_fee_schedule_eff.01.2021_O.pdf
26) Submit exterior building colors, materials, and design elements to the Planning Manager for final review and approval prior to issuance of building permit. 27) Submit exterior paint colors, materials, and design elements for the water tank to the Public Works Director for final review and approval prior to issuance of building permit. 28) A tree protection plan shall be submitted and approved prior to issuance of building permits. To avoid and minimize damage to existing trees that are not proposed for direct impact by Project activities, the measures outlined on Plan Sheet T-0.1 shall be implemented during construction.
29) Prior to the issuance of a building permit, the applicant shall comply with the Transportation Demand Management (TDM) Plan requirements consistent with the East Palo Alto Municipal Code Chapter 10.32. A complying TDM plan shall be submitted to the City for review and approval before building permits can be issued. The project shall be subject to all applicable TDM-related fees and penalties.
30) Applicant shall install bicycle racks or storage that complies with the Santa Clara Valley Bicycle Technical Guidelines and Valley Transit Authority (VTA) standards, as may be amended
31) Applicant shall submit a property maintenance and management plan for the entire property, which shall include but not be limited to:
a. Clearly identify the use of all balconies and define what can and cannot be stored on the balcony
b. General cleaning of litter and debris on-site
C. Maintenance of all exterior building materials
d. Maintenance of all landscaping, window cleaning, etc. 32) Prior to the issuance of Building Permits, the project applicant/developer must obtain all required approvals by and be in compliance with all the conditions of the East Palo Alto Sanitary District or then current provider of sanitary sewer. 33) Submit final design details and equipment details for improvements at the Park which shall be approved by the City and shall be consistent with the Parks, Recreation, and Open Space Master Plan.
Conditions Prior to Certificate of Occupancy:
34) Park improvements shall be constructed prior to issuance of certificate of occupancy.
Conditions After Certificate of Occupancy:
35) The community room shall be maintained and operated consistent with the terms set forth in the Development Agreement (Ordinance No. for the life of the project. 36) The applicant shall consult with the City prior to making any modifications to landscaping, equipment, programming, or operation of the park.
CEQA Mitigation Measures
37) MM AES-2.1 Construction Screening. To minimize and soften the visual effect as seen from visitors and nearby residents, the project proponent shall incorporate construction fencing or screening around the perimeter of the site. The screening material shall be of sufficient height to mask ground-level activities within and be designed with graphics, murals, historic references, or other design features to blend as much as possible with the neighborhood surroundings while communicating the future uses at the site. Screening shall remain in place during demolition of existing structures, site preparation and new building construction. Screening shall not be necessary during the final stages of construction when architectural coatings, detailing and landscaping are applied. The plan for screening concept and design shall be submitted for approval to the City of East Palo Alto prior to issuance of any building and grading permits.
38) MM AES-2.2 Water Tank Screening. During construction, the applicant shall provide construction screening of the water tank site to soften visual effects of construction. In the final phase of tank construction, the applicant shall landscape the perimeter of the water tank site at 375 Donohoe with a combination of fencing and vegetation to soften and screen the appearance of the water tank and related improvements. Plant selection shall include native, taller species or trees to provide a visually appealing screen as viewed from the roadway and surrounding land uses. Landscaping and screening shall not conflict with water tank access or operations. Landscaping plans shall be submitted to the City for review and approval with final improvement plans.
39) MM AES-3.1 Glare Reduction. As part of final improvement plans, the project shall incorporate anti-reflective (AR) glass products and surfaces selected specifically to minimize reflective glare. Such materials can vary but typically consist of matte or patterned finishes that serve to both reduce reflective glare and reduce bird strike. 40) MM AQ-3.1 Off-Road Diesel-Powered Construction Equipment. All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 4 engines or equivalent. Prior to the issuance of any demolition permits, the project applicant shall submit a construction operations plan to the Planner/Project Manager of the Planning Division of the Department Community and Economic Development, which includes specifications of the equipment to be used during construction and confirmation this requirement is met. Such equipment could include concrete/industrial saws, graders, scrapers, rollers, cranes, forklifts, generator sets, and air compressors.
The construction contractor may use other measures to minimize construction period Diesel Particulate Matter (DPM) emissions to reduce the estimated cancer risk below the thresholds. The use of equipment that includes CARB-certified Level 4 Diesel Particulate Filters or alternatively-fueled equipment (i.e., non-diesel), added exhaust devices, or a combination of these measures could meet this requirement. If any of these alternative measures are proposed, the construction operations plans must include specifications of the equipment to be used during construction prior to the issuance of any demolition permits. If any of these alternative measures are proposed, the plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. 41) MM BIO-1.1 Preconstruction Bird Surveys. The applicant shall schedule all on-site tree removal, demolition and grading to occur outside of the nesting and breeding season (February 1 through September 1) of any given year to avoid nest disturbance. If this schedule is not practical or feasible, the applicant shall hire a qualified biologist to conduct preconstruction nesting bird surveys of the site plus a 100-foot perimeter around the site, no more than seven days prior to removal of trees and grading. If nesting birds are observed, the biologist will establish a buffer zone where no tree removal or grading will occur until the biologist confirms that all chicks have fledged and are no longer reliant on the nest. The buffer zone may vary from 50 to 250 feet, depending upon the species of bird and exposure of the nest site.
42) MM CR-2.1 Inadvertent Discovery of Archaeological Resources. In the event the buried, or previously unrecognized archaeological deposits or resources are encountered during ground disturbing activities, work shall be temporarily halted within a 50-foot radius of the discovered materials and workers should avoid altering the materials and their context until a qualified professional Archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel shall not collect cultural resources. Construction and potential impacts to the area(s) within a radius determined by the archaeologist shall not recommence until the assessment is complete.
If any tribal cultural resources are found, the project applicant and/or its contractor shall cease all work within 50 feet of the discovery and immediately notify the City of East Palo Alto Planning Division. Potentially significant Native American resources consist of but are not limited to chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials.
The tribal monitor(s) will contact the tribal representative(s) and in consultation with the City and an archeologist evaluate the finds. Appropriate mitigation measures for the inadvertently discovered tribal cultural resource shall be at the direction of tribal leadership.
The City and tribal representative(s) shall consider the mitigation recommendations and agree on implementation of the measure(s) that are feasible and appropriate. Such measures may include reburial of any ancestral remains, avoidance, preservation in place, excavation, documentation, or other appropriate measures. 43) MM CR-2.2 Inadvertent Discovery of Human Remains. In the event that human remains (or remains that may be human) are discovered at the project site, Public Resource Code Section 5097.98 must be followed. All grading or earthmoving activities shall immediately stop within a 50-foot radius of the find. The project proponent shall then inform the San Mateo County Coroner and the City of East Palo Alto immediately, and the Coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b).
Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the Coroner can determine whether the remains are those of a Native American. If human remains are determined as those of Native American origin, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (Public Resource Code [PRC] § 5097). The Coroner shall contact the NAHC to determine the most likely descendants) (MLD). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The MLD will determine the most appropriate means of treating the human remains associated grave artifacts, and shall oversee the disposition of the remains.
In the event the NAHC is unable to identify an MLD or the MLD fails to make a recommendation within 48 hours after being granted access to the site, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity within the project area in a location not subject to further subsurface disturbance.
44) MM GEO-5.1 Final Geotechnical Evaluation. A construction level geotechnical evaluation shall be required for the project. The project shall be required to adhere to and incorporate all standards and recommended engineering measures to mitigate for liquefaction, expansive soils and other local soil constraints. The final geotechnical evaluation will be provided to the City for review and approval prior to the issuance of building permits. 45) MM GEO-6.1 Inadvertent Discovery of Paleontological Resources. In the event that fossils or fossil-bearing deposits are discovered during construction activities, work shall be temporarily halted with a 50-foot radius of the discovered materials and workers should avoid altering the materials and their context until a qualified paleontologist has evaluated the situation and provided appropriate recommendations. Construction and potential impacts to the areas within a radius determined by the paleontologist shall not recommence until the assessment is complete.
If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or left undisturbed. If preservation in place is not feasible, the applicant shall mitigate significant effects. Excavation as mitigation shall be limited to those parts of resources that would be damaged or destroyed by a project.
Possible mitigation under CEQA emphasizes preservation-in-place measures, including planning construction avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soil, and deeding the site into a permanent conservation easement. Under CEQA Guidelines, when preservation in place is not feasible, data recovery through excavation shall be conducted with a data recovery plan in 46) MM GHG-1.1 Transportation Demand Management Plan. Prior to approval of project entitlements for future residential uses, the project applicant shall prepare qualifying Commute Trip Reduction (CTR)/Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of East Palo Alto and any physical features resulting from the plan shall be shown in final improvement plans. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures or equally effective measures shall be incorporated into the TDM plan.
• The project applicant shall consult with the local transit service provider on the need to provide infrastructure to connect the project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit providers) regarding the potential need for installing bus turnouts, shelters or bus stops at the site.
• The CTR/TDM plan for the project shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities. This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses.
47) MM HAZ-1.1 Asbestos Operation and Management Plan. Prior to demolition and removal of material from the site, the project applicant shall implement the recommendations of the 2014 Asbestos O&M Plan for work involving asbestos-containing material. These measures include asbestos training and specific work procedures for employees managing asbestos contaminated materials, notification procedures for building owners and occupants, asbestos clean-up and emergency response procedures, and recordkeeping of identified asbestos contaminated materials. The plan shall be reviewed and approved by the City of East Palo Alto prior to implementation.
48) MM HAZ-1.2 Lead Based Paint and PCB Operation and Management Plan. Prior to any renovations or demolition, the project applicant shall implement the recommendations of the LBP O&M Plan for work involving lead based painted surface areas to be carried out.
These measures include training and special work procedures for employees managing lead-based paint materials, notification procedures for building owners and occupants, emergency response procedures, and recordkeeping of identified lead-based paint materials. The plan shall be reviewed and approved by the City of East Palo Alto prior to implementation. The project shall also follow current San Francisco Bay Regional Water Quality Control Board requirements for identifying and controlling PB's during building demolition, if present.
49) MM N-1.1 Construction Noise Reduction. Prior to Grading Permit issuance, the applicant shall demonstrate, to the satisfaction of the City of East Palo Alto Director of Public Works or City Engineer that all applicable construction plans and specification include the following measures:
• Construction activities shall be restricted to daytime hours of between 7:00 a.m. and 8:00 p.m. on weekdays.
• Prior to the start of construction activities, the construction contractor shall:
• Maintain and tune all proposed equipment in accordance with the manufacturer's recommendations to minimize noise emission. • Inspect all proposed equipment and should fit all equipment with properly operating mufflers, air intake silencers, and engine shrouds that are no less effective than as originally equipped by the manufacturer. • Post a sign, clearly visible at the site, with a contact name and telephone number of the City of East Palo Alto's authorized representative to respond in the event of a noise complaint.
• Place stationary construction equipment and material delivery in loading and unloading areas as far as practicable from the residences. • Limit unnecessary engine idling to the extent feasible. • Use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters.
• Use low-noise emission equipment.
• Limit use of public address systems.
• Minimize grade surface irregularities on construction sites. 50) MM TRA-2.1 Traffic Calming Measures. Prior to operational use of the parking garage, the project applicant shall install traffic calming measures at the Bayshore Road/Manhattan Avenue location to reduce traffic speeds and improve the safety of driveway movements.
Such measures could include advisory speeds signs, advanced warning signage along Manhattan Avenue and Bayshore Road, roadway bulbouts, raised dots, parking restrictions or other physical improvements. Final traffic calming measures will be determined in consultation with City of East Palo Alto Public Works staff during review of improvement 51) MM UTIL-3.1 Fair Share Funding of Project Improvements. The project applicant shall either fund the fair share of construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination of both.
The project's financial and implementation responsibility for sewer capacity improvements shall be determined in consultation with the City of East Palo Alto Public Works Department. Fair share funding of common improvements to the city-wide system would also address the project's contribution to significant cumulative effects. Funding or construction of common improvements shall occur prior to the issuance of building permits or as determined by the City. The project's fair share of responsibility shall be proportionate to the impact. The project shall not be responsible for mitigating all existing deficiencies.
Housing Division
Prior to the Issuance of Building Permits:
52) Payment in full of Inclusionary In-Lieu Fee. The final Inclusionary Housing In-Lieu Fee shall be paid in accordance with the terms of the Development Agreement adopted by Ordinance No.-
Prior to Certificate of Occupancy:
53) All subsequent actions taken by the Applicant related to the residential units in the Project shall be consistent with the Tenant Relocation Plan, as approved by the City Council. 54) Final Inspection Approval, Temporary Certificate of Occupancy, Certificate of Occupancy, and Notice of Completion for any units will be issued in accordance with the Inclusionary Housing obligations specified in the Development Agreement (Ordinance No._.
Building Division
At Building Permit Submittal
55) A digital copy of the plans must be submitted for building review and must include the digital submittal of all relevant supporting documents, including but not limited to structural calculations, energy compliance forms, soils report, etc. 56) Plans submitted for building review must be designed to the 2022 California Building Codes or the code in effect at the time of submittal.
57) Please imprint the Conditions of Approval on the plans submitted for building permits. 58) A soils investigation report shall be submitted containing design recommendations.
Additionally, a signed and stamped letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall be submitted stating the following:
a. The plans and specifications substantially conform to the recommendations in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepare the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the City of East Palo Alto.
59) Prior to final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading and associated site work substantially conform to the approved plans, specifications and investigations.
60) Please imprint, on the submitted plans, the Construction Best Management Practices. To access the standard plan, please visit: http://www.flowstobay.org/construction. 61) The applicant shall properly complete and incorporate the CAL Green Residential Mandatory Measures in effect at the time of submittal on the plans submitted for building permits. The link to access the form: http://www.ci.east-palo-alto.ca.us/ArchiveCenter/ViewFile/Item/443 62) The applicant shall properly complete and incorporate the CAL Green Non-Residential Mandatory Measures in effect at the time of submittal on the plans submitted for building permits. The link to access the form: http://www.ci.east-palo- alto.ca.us/ArchiveCenter/ViewFile/Item/441
63) Provide a note on the plans submitted for building permits: "At a minimum, 65% of the project waste stream shall be recycled; prior to final project approval, a receipt shall be provided to the building inspector to verify 65% recycling has occurred." Self-hauling is prohibited in the City of East Palo Alto; an authorized hauler shall be utilized. 64) All construction and demolition debris shall be contained on-site (not in the public right-of- way) in constantly covered bins, which include adequate service. 65) Please note on plan: The City of East Palo Alto Municipal Code Section 15.04.125 limits construction activity to the following hours:
Monday through Friday: 7:00 AM to 6:00 PM Saturday: 9:00 AM to 5:00 PM Sundays and national holidays: No activity allowed
Prior Building Permit Issuance
66) The installation of site construction trailers will require a separate building permit issued by the Building Division. Plans and specifications must be submitted for review and approval prior to the installation of such structure. Please contact the Building Division for additional information.
67) Approval of this Project does not relieve the Applicant from the applicable requirements of subsequent permits and approvals, including but not limited to the following as may be applicable:
• Grading Permit and Improvement Plan
• Fire Permit
• School District Development Impact fee requirements
68) Prior to the issuance of building permits, the applicant/developer shall submit a waste management plan to the Building and Safety Division. The plan shall include the estimated composition and quantities of waste to be generated and how the project developer intends to recycle at least 65 percent of the total job site construction waste measured by weight or volume. Proof of compliance shall be provided to the Chief Building Official prior to the issuance of a final building permit.
Prior To Final/Occupancy
69) A minimum of 10 Days prior to anticipated occupancy, the applicant shall have scheduled final inspections by all Departments requiring conditions of approval.
Engineering Division:
SPECIFIC CONDITIONS OF APPROVAL
70) A Final Map shall be filed over the property, prior to issuance of building permits. The Map shall include the following:
• Dedicate additional public right-of-way (fee) on Euclid Avenue and O'Connor Street as needed to provide a consistent 60' wide ROW.
Provide a minimum 5' Public Utility Easement on all frontages. The easement width can be modified based on constraints and the final utility design. • On Euclid Avenue (Section B-B of the Tentative Map), where the parking and/ or sidewalk is located outside the ROW, extend the ROW to the curb and provide a sidewalk easement over the sidewalk. Confirm the width of the ROW to match the proposed improvements.
• Provide a public access easement over the private park unless access can be provided through a license agreement or other document. The license agreement or access easement shall be in effect in perpetuity.
71) The Applicant shall submit off-site improvement plans, incorporating frontage improvements, utility improvements, and off-site landscaping. The off-site improvement plans shall be submitted with the Building Permit application.
72) The Applicant shall construct frontage improvements similar to those shown in the Planning Application. These improvements will include sidewalk, curb, gutter, landscaping, stripping, and other typical frontage items. Additionally, the entire width of Euclid Avenue along the project frontage must be given a minimum of 2-inch grind and overall and road sections along the other frontages must be ground and overlayed for half their width unless otherwise specified in the offsite-improvements plan review.
73) Prior to the approval of the off-site improvement plans, the Applicant shall execute a long- term maintenance agreement with the City, covering ownership and maintenance of the various improvements, including streetscaping, the bus stop, and the park. 74) The Applicant shall obtain a will-serve letter from the East Palo Alto Sanitary District (EPASD) or then-current provider of sanitary sewer prior to issuance of building permits. The Applicant shall complete sanitary sewer system improvements and/ or provide funding as required by EPASD or the then-current provider of sanitary sewer. At a minimum, any lines identified by EPASD or the then-current provider of sanitary sewer as needing upgrades within the project street improvement limits will be upgraded.
75) The 1.5-million-gallon water tank at 375 Donohoe Street shall be constructed in accordance with the terms of the Development Agreement adopted by Ordinance No.
Improvements shall be in general conformance with the Euclid Improvements Water Supply and Fire Flow Systems Report, by BKF, dated July 23, 2020. An alternate option shown in the Report may be utilized if approved by the City. The design shall be confirmed by a fire flow/ pressure analysis, based on the proposed water tank design, confirming the water tank provides adequate storage, flow and pressure to serve the development. The design will be completed by the Applicant with review and approval by the City of East Palo Alto and Menlo Park Fire.
Water system upgrades shall be consistent with the City's Water Master Plan, the BKF report, and any Menlo Park Fire requirements.
The developer shall donate the land at 375 Donohoe Street (063-148-110, 063-148-120, 063- 148-130) and water tank improvements and all accompanying equipment to the City at issuance of Certificate of Occupancy for the Project site, or later at the discretion of the Public Works Director.
76) The Applicant shall provide a solid waste management plan. The plan shall be provided to Recology for review and approval, prior to approval of plans or issuance of Building Permits. 77) In accordance with the Phase I Environmental Site Assessment, by WSP dated September 27, 2019, the following shall be completed prior to issuance of demolition permits:
• Asbestos shall be identified and removed in accordance with the 2014 Asbestos Operations and Maintenance Plan.
• Lead-based paint shall be identified and removed in accordance with the existing lead-based paint Operations and Maintenance Plan.
In addition, the Phase I Environmental Site Assessment notes the possible presence of PCB's on the site. Prior to issuance of demolition permits, a plan shall be prepared for the City's approval and implemented to identify and remove or otherwise mitigate PCBs on the site.
78) The Applicant shall provide a final Stormwater Management Plan, including a C.3/C.6 stormwater checklist. The Stormwater Management Plan shall include the following:
• Green Infrastructure Measures should be provided along the project frontage ( bulbouts could be used for this).
• Provide MRP C. 10-compliant trash capture measures onsite and along the project frontage.
• Private stormwater measures shall not be located within the public right-of-way. • If non-LID measures are proposed to treat runoff, confirm that the project qualifies as a Special Project and that the percentage of runoff treated by non-LID measures matches the allowed non-LID credit determined in the C.3/ C.6 checklist. 79) The Applicant shall provide a hydrologic/ hydraulic analysis of the existing storm drain system and confirm if the existing system has adequate capacity to serve the development. The post- construction flows shall be calculated for a 100-year storm event. Post-construction flows shall not exceed pre-construction flows.
80) The existing 24" storm drain line in O'Connor Street and Euclid Avenue shall be upsized to a larger pipe per the City's Storm Drain Master Plan prior to Certificate of Occupancy (Schaaf & Wheeler, 2014). In addition, the existing storm drain crossing Manhattan Avenue at West Bayshore Road shall be upsized per the Master Plan.
81) TV camera inspection or other methods shall be completed to confirm the condition of the existing utility system within the limits of the project. The extent of the inspection shall be determined at the time of the improvement plan submittal. Utilities within the project limits that are in poor condition shall be replaced or rehabilitated as needed. 82) Unless otherwise approved, domestic water shall be provided to the project by a master City water meter located at the public right-of-way. Units shall be individually metered. 83) Unless otherwise approved, water for fire protection shall be provided via a private on site fire line, isolated from the City water system by a double check detector. Calculations shall be provided confirming that adequate flow/ pressure is available for on site fire hydrants and the building sprinkler system.
84) The project shall implement the recommendations of the Woodland Park Euclid Improvements, Transportation Demand Management Plan, Transportation Action Plan, by TDM Specialists, Inc., as approved by the City.
85) The Applicant shall work with the City to develop a pedestrian connection across Manhattan Avenue, connecting the Woodland Park Apartments to the University Circle Il development, providing access to the Class I bicycle/ pedestrian trail on University Avenue and the Highway 101 Pedestrian Overcrossing. The location for the crossing shall be at the O'Connor Street intersection, and shall include enhanced measures such as bulbouts and flashing beacons.
86) Provide traffic-calming measures at the Manhattan Avenue/ West Bayshore Road intersection to be incorporated into the offsite improvement plans. Traffic-calming measures shall be based on available sight distance around the intersection and to the parking garage access south of the intersection. Confirm sight distance between southbound traffic on the street and vehicles entering or leaving the garage, or provide measures to address sight distance. 87) Provide a photometric analysis to confirm that existing and proposed lighting meets City lighting standards.
88) Existing overhead utility lines along the project frontages, or crossing abutting streets, shall be placed underground.
89) Signing, striping, and layout for all four public streets around the property shall be in accordance with the Neighborhood Collector Street Design Criteria.
STANDARD CONDITIONS
90) ENGINEERING FEES: All review and inspection fees per the City's Master Fee Schedule shall be paid prior to the issuance of any permits.
91) DEVELOPMENT IMPACT AND WATER CAPACITY FEES: All Development Impact Fees and Water Capacity Fees shall be paid consistent with East Palo Alto Municipal Code (EPAMC) Chapter 13.28, and Resolutions No. 5004 and No. 5093, and in accordance with the terms of the Development Agreement adopted by Ordinance No._ 92) GRADING PERMIT: Prior to building permit approval, a grading permit shall be obtained from the Engineering Division with payment of fees per EPAMC 15.48. See the following link for an application.
https://www.cityofepa.org/publicworks/page/grading-permit 93) ENCROACHMENT PERMIT: The developer shall obtain an encroachment permit from the Engineering Division prior to performing any work in the public right-of-way. See the link below for an application.
https://www.cityofepa.org/publicworks/page/encroachment-permit 94) PUBLIC IMPROVEMENTS: The developer shall provide public street improvements along the project frontage where existing streets (vehicle and/or pedestrian paths) do not meet current City standards. These improvements may include sidewalk, curb and gutter, driveway approach, curb ramp, and any right-of-way dedication. See EPAMC 15.04.040 95) CONSTRUCTION VEHICLES, EQUIPMENT, AND MATERIALS: All construction related vehicles, equipment, and materials shall be managed on-site. At no time shall such items be parked or stored in the public right-of-way without an encroachment permit or written approval by the City Engineer.
96) TRAFFIC CONTROL: Activities that require temporary closures of sidewalks, vehicle and/or bike lanes, or other public paths shall require review and approval by the Engineering Division through an encroachment permit.
97) STORMWATER DRAINAGE: The project shall not create any negative impacts to adjacent properties such as cross-lot drainage. The project shall conform with all C.3/C.6 requirements.
98) CONSTRUCTION BEST MANAGEMENT PRACTICES: This project is required to implement stormwater best management practices (BMP) as described by the San Mateo Countywide Water Pollution Prevention Program. Stormwater Measures shall include full trash capture measures conforming to Section C.10 of the Municipal Regional Permit for Stormwater (5-mm. screens, sized for 1-year, 1-hour storm). The following sheet in the link below shall be included in the plans.
https://www.flowstobay.org/wp-content/uploads/2020/04/Countywide-Program-BMP-Plan- Sheet-June-2014-Update.pdf
99) FENCES/WALLS: No new or existing fence and/or wall shall be permitted outside of the property boundary lines. No new or existing concrete (or similar) wall and/or fence is permitted where there is a public easement. The removal of such existing structures shall be required prior to the issuance of any permits.
100) WATER METER: This project shall use one public water meter provided by the City's water operator. Any additional water meters shall be purchased by the developer, maintained privately, and stored onsite.
101) TRAFFIC CONTROL PLAN: Submit a traffic control plan with the off-site improvement plans for review and approval. The traffic control plan shall include a summary of the traffic control types, dates, times and blocks affected. All construction related materials, equipment, and construction workers parking need to be stored on-site and the public streets need to be kept free and clear of construction debris.
Police Department:
102) The Applicant shall submit a security plan for the project to the Police Department for review andcomment prior to Certificate of Occupancy. Reasons for review include, but are not limited to the following:
a. Excessive and/or unexplainable increase in calls for service b. Excessive and/or preventable crimescommitted at the residence and/or commercial space
c. Numerous complaints of a valid nature
103) Lighting: The Applicant shall provide uniform lighting without glare for scheduled nighttime activities and to permit good observation by neighbors and patrol units after hours. 104) Signage: The Applicant shall:
a. Post "No trespassing/Loitering" signs at entrances of parking lots and other appropriate places. Signs should be at least 2'by1' in overall size, with white background and black 2" lettering. Section 9.08.010 of the East Palo Alto Municipal Code should be included as a reference on the no loitering signs.
Post signs at all entrances to the parking area pursuant to section 22658(a) of the California Vehicle Code to assist management with removal of unwanted vehicles per the parking manager's request.
105) Parking Structure: The Applicant shall include the following in building permit plans:
a. The interior structure be painted a light, highly reflective color. b. Metal halide or other bright white light sources shall be utilized. No dark areas should exist inside the structure.
c. All storage, maintenance, and trash rooms within the parking garage shall have automatically upon exit.
d. Alcoves and other visual obstructions that mightconstitute a hiding place shall be eliminated whenever structurally possible. Pillars, columns, and other open construction should be utilized over a solid wall design. e. Whenever possible, stairwells shall be of open design. When, by necessity, a stairwell is enclosed, convex mirrors should be placed at each stairwell landing, and the stairwell doors should employ as much transparent material as fire code allows. f. Convex mirrors shall be placed inside elevator cabs. g. Access control shall be utilized for vehicular and pedestrian traffic. h. A clearly marked, hands free emergency phone or panic alarm shall be placed centrally in the structure.
i. No trespassing/loitering signs shall be placed at all entrances and other appropriate locations.
j. Panic button call boxes shall be integrated with a video surveillance system. 106) Building:
a. Stairs shall be well lit with open handrails to allow visibility and prevent hiding spaces.
b. Risers shall be enclosed along with the area under the stairs should be enclosed and inaccessible for any use.
c. It is advisable to have surveillance equipment for enclosed stairwells and motion detection at main access points.
107) Landscaping:
a. Landscaping shall be well maintained and trimmed so that natural surveillance is not hindered.
b. Shrubs shall be kept less than three feet in height and trees should be pruned to a height of 10 feet, consistent with the approved Landscape Plan. c. Walkways shall be direct, follow natural pathways and avoid blind corners. d. The walkways and access points to the open space shall be illuminated and visible. 108) Roof Top:
a. One of the following shall be utilized on all skylights: Rated burglar-resistant glass or acrylic material orlon bars of at least one half-inch diameter, or flat steel bars of at least one quarter-inch width, spaced no more than five inches apart under the skylight and securely fastened, or grill of at least one eighth-inch steeland two-inch mesh b. All hatchway openings on the roof of any building should be secured as follows: If the hatchway is wooden, it should be covered on the outside with at least 16 gage sheet steel or its equivalent, attached in a manner making removal difficult. The hatchway shall be secured from the insidewith a slide bar or slide bolts. Only a crossbar or padlock provided by the fire marshal shall be used. Outside pin-type hinges on all hatchway openings shall have non-removable pins.
• Exterior rooftop ladders should be eliminated or incorporated into the interior • All air duct or vent openingsexceeding 8" by 12" on the rooftop or exterior walls of any building shall be secured by means of:
• Iron bars of at least one half-inch diameter, of flat steel bars of at least one quarter-inch width, spaced nomore than five inches and securely fastened,
Grill of at least one eighth-inch steel and two-inch mesh, If the barrier is on the outside, it shall be secured with galvanized rounded-head, flush bolts of at least 3/8" diameter.
Menlo Park Fire Protection District
109) Project will comply with current minimum CA State adopted Fire and Building Codes and local Ordinances at time of plan submittal.
110) Water Supply: Applicant has provided a separate engineered fire flow modeling report dated 11-18-19. This document submitted to Menlo Park Fire Protection District has been correctly calculated, however the following conditions outlined below must be addressed. CFC 2016, Sec. 507.5.1 Appendix B Section 105.2 & Table 105.1:
a. The 50% reduction is not approved at this time until the outstanding infrastructure improvements to the water mains are finalized with the City of East Palo Alto. This area does not meet minimum State fire flow requirements. 111) Public hydrants shall be required at a minimum 300 foot spacing, which will require new fire hydrants installed on all public street (Euclid Ave, O'Connor St, Manhattan Ave, W Bayshore Rd, & O'Keefe St). Be advised fire hydrant minimum spacing is 300 feet but based on the fire flow requirements that spacing may be reduced to less than 300 foot distance. All hydrants to comply to the following:
a. All fire hydrants shall be wet barrel standard steamer type with 1 4 1/2" (114.3 mm) and 2 2 1/2" (63.5 mm) outlets. MPFPD CFC Sec. 507.5.1 Appendix C:
• All existing fire hydrants located within 300 foot distance to any new building shall be required to be upgraded to charging condition above. b. Public Fire hydrant shall be positioned within 50 feet from Fire Department Connection (FDC).
c. Fire Flow Modeling Report page 3 item #2c for Buildings A, B, & C, refer to "maximum distance from any point on the street or road frontage to a hydrant with 50% increase". This shall be amended to only allow a 150 foot distance from any point on the street to a required fire hydrant.
112) The Fire Flow Modeling Report has specific requirements outlined for "Standpipe System Demand", "Fire Pump Sizing", and static "Secondary Water Storage Tank Capacity" requirements. These items shall be addressed for compliance as part of the Building Permit Review.
113) Fire Apparatus Access: Fire Apparatus Access is to be provided along Euclid Ave, O'Connor St, and Manhattan Ave, these to meet public access for covered and open parking. Aerial Ladder Access to be established along entire public roadway fronting subject properties where overhead electrical wiring shall not be located, the aerial ladder placement shall meet the prescriptive distance requirements outlined in CFC Appendix D105 (2019 edition). The following are general access requirements that apply to subject project:
a. Fire apparatus roadways, including public and private streets, shall be capable of supporting the imposed weight of a 75,000 pound (34,050 kg) fire apparatus and shall be provided with an all-weather driving surface. Only paved or concrete surfaces are considered to be all weather driving surfaces. CFC Appendix D (2019 edition).
b. NOTE ON FIELD PLAN: Fire apparatus roadways, including public or private streets or roads used for vehicle access shall be installed and in service prior to construction. Fire protection water serving all hydrants shall be provided as soon as combustible material arrives on the site:
• PRIOR TO COMBUSTIBLE MATERIAL ARRIVING ON THE SITE,
CONTACT THE MENLO PARK FIRE PROTECTION DISTRICT TO
SCHEDULE AN INSPECTION OF ROADWAYS AND FIRE HYDRANTS.
c. For buildings 30 feet (9144 mm) and over in height (plan illustrates buildings will range from 5 level, & 9 up to 13 Levels) above natural grade, the required fire apparatus access private roadway shall be a minimum of 26 feet (7925 mm) in width and each building shall be required to have aerial ladder access parallel to at least one entire side of each building, and the fire lane shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building. CFC Appendix D105 (2019 edition):
• Fire District staging areas to be located along the entire public roadway fronting each building, provide details illustrating Aerial Ladder Truck Minimum and Maximum climbing angles, plan design shall meet minimum and maximum distance requirements if a climbing angle is less than 50 degrees the roadway shall be adjusted to comply to the charging condition listed above. Note Aerial Ladder requires minimum 4' setback on any side to allow for outriggers.