CITY COUNCIL
Regular Meeting
Monday, November 13, 2023
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of Lung Cancer Awareness Month.
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)
1. Proclamation Honoring Police Records and Support Personnel Day CLOSED SESSION (5:35 ‐ 6:35 PM)
2. CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION
Subject: Hamilton and High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al.
Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 6:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:50 ‐ 6:55 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:55 ‐ 7:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from October 23, 2023 Meeting
4. Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481; CEQA status – not a project.
5. Finance Committee Recommendation to Maintain Current Service Delivery Model for Print and Mail Services; CEQA Status – Not a Project
6. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Purchase Orders with a To‐Be Determined Vendor(s) to Procure Thirteen (13) New Fully Electric Sedans And Five (5) New Fully Electric Vans for a One Time Purchase for a Total Not‐To‐Exceed Amount of $985,000. CEQA Status ‐ exempt under CEQA Guidelines Section 15061.
7. Approval of Second Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue between the City of Palo Alto and the Palo Alto History Museum; CEQA Status‐‐Not a Project.
8. Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy
CITY MANAGER COMMENTS (7:00 ‐ 7:15 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 9: 7:25 ‐ 8:55 PM, Item 10: 8:55 ‐ 9:55 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
9. Public Hearing: Adoption of Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the Subject Comp Plan and Municipal Code Amendments.
10. PUBLIC HEARING / QUASI‐JUDICIAL. 575 Los Trancos Road [21PLN‐00196] Request for Major Site and Design Review to Allow the Construction of a new 7,110 sf single‐family residence with a new 895 sf Accessory Dwelling Unit and Associated Site Improvements, Including a Swimming Pool, on a 5.38‐acre Site. Environmental Assessment: A Mitigated Negative Declaration has been prepared for the proposed project. Zoning District: OS (Open Space).
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Quarterly Informational Report on Sustainability and Climate Action Plan (S/CAP) Implementation; CEQA status – Not a Project.
12. Investment Activity Report for the First Quarter, Fiscal Year 2024 OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee November 14, 2023
City Schools Liaison Committee November 16, 2023
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
1 Regular Meeting November 13, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, November 13, 2023
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of Lung Cancer Awareness Month.
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)
1. Proclamation Honoring Police Records and Support Personnel Day CLOSED SESSION (5:35 ‐ 6:35 PM)
2. CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION
Subject: Hamilton and High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al.
Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 6:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:50 ‐ 6:55 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:55 ‐ 7:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from October 23, 2023 Meeting
4. Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481; CEQA status – not a project.
5. Finance Committee Recommendation to Maintain Current Service Delivery Model for Print and Mail Services; CEQA Status – Not a Project
6. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Purchase Orders with a To‐Be Determined Vendor(s) to Procure Thirteen (13) New Fully Electric Sedans And Five (5) New Fully Electric Vans for a One Time Purchase for a Total Not‐To‐Exceed Amount of $985,000. CEQA Status ‐ exempt under CEQA Guidelines Section 15061.
7. Approval of Second Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue between the City of Palo Alto and the Palo Alto History Museum; CEQA Status‐‐Not a Project.
8. Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy
CITY MANAGER COMMENTS (7:00 ‐ 7:15 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 9: 7:25 ‐ 8:55 PM, Item 10: 8:55 ‐ 9:55 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
9. Public Hearing: Adoption of Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the Subject Comp Plan and Municipal Code Amendments.
10. PUBLIC HEARING / QUASI‐JUDICIAL. 575 Los Trancos Road [21PLN‐00196] Request for Major Site and Design Review to Allow the Construction of a new 7,110 sf single‐family residence with a new 895 sf Accessory Dwelling Unit and Associated Site Improvements, Including a Swimming Pool, on a 5.38‐acre Site. Environmental Assessment: A Mitigated Negative Declaration has been prepared for the proposed project. Zoning District: OS (Open Space).
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Quarterly Informational Report on Sustainability and Climate Action Plan (S/CAP) Implementation; CEQA status – Not a Project.
12. Investment Activity Report for the First Quarter, Fiscal Year 2024 OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee November 14, 2023
City Schools Liaison Committee November 16, 2023
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
2 Regular Meeting November 13, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, November 13, 2023
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of Lung Cancer Awareness Month.
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)
1. Proclamation Honoring Police Records and Support Personnel Day CLOSED SESSION (5:35 ‐ 6:35 PM)
2. CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION
Subject: Hamilton and High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al.
Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 6:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:50 ‐ 6:55 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:55 ‐ 7:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from October 23, 2023 Meeting
4. Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481; CEQA status – not a project.
5. Finance Committee Recommendation to Maintain Current Service Delivery Model for Print and Mail Services; CEQA Status – Not a Project
6. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Purchase Orders with a To‐Be Determined Vendor(s) to Procure Thirteen (13) New Fully Electric Sedans And Five (5) New Fully Electric Vans for a One Time Purchase for a Total Not‐To‐Exceed Amount of $985,000. CEQA Status ‐ exempt under CEQA Guidelines Section 15061.
7. Approval of Second Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue between the City of Palo Alto and the Palo Alto History Museum; CEQA Status‐‐Not a Project.
8. Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy
CITY MANAGER COMMENTS (7:00 ‐ 7:15 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 9: 7:25 ‐ 8:55 PM, Item 10: 8:55 ‐ 9:55 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
9. Public Hearing: Adoption of Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the Subject Comp Plan and Municipal Code Amendments.
10. PUBLIC HEARING / QUASI‐JUDICIAL. 575 Los Trancos Road [21PLN‐00196] Request for Major Site and Design Review to Allow the Construction of a new 7,110 sf single‐family residence with a new 895 sf Accessory Dwelling Unit and Associated Site Improvements, Including a Swimming Pool, on a 5.38‐acre Site. Environmental Assessment: A Mitigated Negative Declaration has been prepared for the proposed project. Zoning District: OS (Open Space).
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Quarterly Informational Report on Sustainability and Climate Action Plan (S/CAP) Implementation; CEQA status – Not a Project.
12. Investment Activity Report for the First Quarter, Fiscal Year 2024 OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee November 14, 2023
City Schools Liaison Committee November 16, 2023
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
3 Regular Meeting November 13, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, November 13, 2023
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of Lung Cancer Awareness Month.
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)
1. Proclamation Honoring Police Records and Support Personnel Day CLOSED SESSION (5:35 ‐ 6:35 PM)
2. CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION
Subject: Hamilton and High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al.
Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 6:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:50 ‐ 6:55 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:55 ‐ 7:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from October 23, 2023 Meeting
4. Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481; CEQA status – not a project.
5. Finance Committee Recommendation to Maintain Current Service Delivery Model for Print and Mail Services; CEQA Status – Not a Project
6. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Purchase Orders with a To‐Be Determined Vendor(s) to Procure Thirteen (13) New Fully Electric Sedans And Five (5) New Fully Electric Vans for a One Time Purchase for a Total Not‐To‐Exceed Amount of $985,000. CEQA Status ‐ exempt under CEQA Guidelines Section 15061.
7. Approval of Second Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue between the City of Palo Alto and the Palo Alto History Museum; CEQA Status‐‐Not a Project.
8. Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy
CITY MANAGER COMMENTS (7:00 ‐ 7:15 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 9: 7:25 ‐ 8:55 PM, Item 10: 8:55 ‐ 9:55 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
9. Public Hearing: Adoption of Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the Subject Comp Plan and Municipal Code Amendments.
10. PUBLIC HEARING / QUASI‐JUDICIAL. 575 Los Trancos Road [21PLN‐00196] Request for Major Site and Design Review to Allow the Construction of a new 7,110 sf single‐family residence with a new 895 sf Accessory Dwelling Unit and Associated Site Improvements, Including a Swimming Pool, on a 5.38‐acre Site. Environmental Assessment: A Mitigated Negative Declaration has been prepared for the proposed project. Zoning District: OS (Open Space).
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Quarterly Informational Report on Sustainability and Climate Action Plan (S/CAP) Implementation; CEQA status – Not a Project.
12. Investment Activity Report for the First Quarter, Fiscal Year 2024 OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee November 14, 2023
City Schools Liaison Committee November 16, 2023
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
4 Regular Meeting November 13, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, November 13, 2023
Council Chambers & Hybrid
5:30 PM
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of Lung Cancer Awareness Month.
SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)
1. Proclamation Honoring Police Records and Support Personnel Day CLOSED SESSION (5:35 ‐ 6:35 PM)
2. CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION
Subject: Hamilton and High, LLC, The Keenan Family Trust, et al. v. City of Palo Alto, et al.
Santa Clara County Superior Court Case No. 20CV366967
Authority: Government Code Section 54956.9(d)(1)
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 6:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:50 ‐ 6:55 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (6:55 ‐ 7:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of Minutes from October 23, 2023 Meeting
4. Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481; CEQA status – not a project.
5. Finance Committee Recommendation to Maintain Current Service Delivery Model for Print and Mail Services; CEQA Status – Not a Project
6. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Purchase Orders with a To‐Be Determined Vendor(s) to Procure Thirteen (13) New Fully Electric Sedans And Five (5) New Fully Electric Vans for a One Time Purchase for a Total Not‐To‐Exceed Amount of $985,000. CEQA Status ‐ exempt under CEQA Guidelines Section 15061.
7. Approval of Second Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue between the City of Palo Alto and the Palo Alto History Museum; CEQA Status‐‐Not a Project.
8. Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy
CITY MANAGER COMMENTS (7:00 ‐ 7:15 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 9: 7:25 ‐ 8:55 PM, Item 10: 8:55 ‐ 9:55 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
9. Public Hearing: Adoption of Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the Subject Comp Plan and Municipal Code Amendments.
10. PUBLIC HEARING / QUASI‐JUDICIAL. 575 Los Trancos Road [21PLN‐00196] Request for Major Site and Design Review to Allow the Construction of a new 7,110 sf single‐family residence with a new 895 sf Accessory Dwelling Unit and Associated Site Improvements, Including a Swimming Pool, on a 5.38‐acre Site. Environmental Assessment: A Mitigated Negative Declaration has been prepared for the proposed project. Zoning District: OS (Open Space).
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
11. Quarterly Informational Report on Sustainability and Climate Action Plan (S/CAP) Implementation; CEQA status – Not a Project.
12. Investment Activity Report for the First Quarter, Fiscal Year 2024 OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee November 14, 2023
City Schools Liaison Committee November 16, 2023
Public Comment Letters
Schedule of Meetings
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
5 Regular Meeting November 13, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Police
Meeting Date: November 13, 2023
Report #:2310-2126
TITLE
Proclamation Honoring Police Records and Support Personnel Day
ATTACHMENTS
Attachment A: Law Enforcement Records and Support Personnel Day November 14, 2023 Proclamation
APPROVED BY:
Andrew Binder
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______________________________
Lydia Kou
Mayor
Proclamation
Law Enforcement Records and Support
Personnel Day
November 14, 2023
WHEREAS, law enforcement agencies throughout the State depend upon law enforcement records and support personnel to provide them with vital services; and
WHEREAS, law enforcement records and support personnel are crucial to helping law enforcement agencies identify, pursue, capture and process suspected law breakers; and
WHEREAS, these professionals continually use their expertise and experience to assist in tracking felons, maintaining criminal statistics and improving apprehension strategies; and
WHEREAS, the California Law Enforcement Association of Records Supervisors held its Annual Training and Technology Conference on November 6 through 11, 2023; and
WHEREAS, it is important to recognize the City of Palo Alto’s law enforcement records and support personnel for their valuable contributions to our law enforcement system.
NOW, THEREFORE, I, Lydia Kou, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby recognize November 14, 2023 as “Law Enforcement Records and Support Personnel Day”
Presented: November 13, 2023
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: November 13, 2023
Report #:2310-2169
TITLE
Approval of Minutes from October 23, 2023 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: October 23, 2023 Draft Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
October 23, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:
Absent:
Closed Session
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal. Gov. Code section 54957(b); Title: City Manager
2. CONFERENCE WITH LABOR NEGOTIATORS Authority: Cal. Gov. Code section 54957.6; Agency representative: Jeremy Dennis, MRG; Unrepresented Employees: City Manager and City Attorney
Item 2 deferred to a future meeting date to be determined.
MOTION: Council Member Lauing moved, seconded by Mayor Kou to go into Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:32 P.M.
Council returned from Closed Session at 7:39 P.M.
Mayor Kou announced nothing to report.
Consent Calendar
MOTION: Mayor Kou moved, seconded by Council Member Lythcott -Haims to approve Agenda Item Numbers 3-4.
MOTION SPLIT FOR THE PURPOSE OF VOTING
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DRAFT ACTION MINUTES
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Draft Action Minutes: 10/23/2023
MOTION PASSED ITEM 3: 7-0
MOTION PASSED ITEM 4: 6-1, Tanaka no
3. Approval of FY 2023 Reappropriations Requests and Amendments to the FY 2024 Budget Appropriation. CEQA Status: Not a Project
4. Approval of Contract Amendment No. 3 with Carollo Engineers, Inc., adding $388,538 to the Total Contract Amount for Construction Management Services through June 30, 2024 for the Regional Water Quality Control Plant Primary Sedimentation Tank Rehabilitation Project. CEQA status – Exempt under CEQA Guidelines Section 15301 (repairs to existing facilities).
Council Member Tanaka registered a no vote on Agenda Item Number 4.
Action Items
AA1. Discussion and Direction on Feedback Regarding the Proposed Joint Powers Agency (JPA) Agreement for Cities Association of Santa Clara County or Authority to Approve the JPA Agreement As Drafted or With Revisions; CEQA: Not a Project (Continued from October 16, 2023)
MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to Call the Question.
MOTION PASSED: 5-2, Stone, Kou no
AMENDMENT: Mayor Kou moved, seconded by Vice Mayor Stone t o determine a working committee comprised of staff members from member agencies be established as advisory to the board.
MOTION PASSED: 4-3, Lythcott-Haims, Veenker, Tanaka no
AMENDMENT INCORPORATED INTO THE MAIN MOTION
MAIN MOTION: Vice Mayor Stone moved, seconded by Council Member Veenker to approve the JPA Agreement as drafted and request the CASCC in the upcoming bylaws to consider:
a. Whether it should be a simple majority or super majority when voting on taking a position on legislative matters, and;
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 10/23/2023
b. Whether a working committee comprised of staff members fro m member agencies should be established as advisory to the board.
MOTION PASSED: 7-0
5. PUBLIC HEARING: Adoption of an Ordinance Amending the Stanford University Medical Center (SUMC) Development Agreement Adjusting the Timeline for Achieving the SUMC Alternative Mode Share Targets and Adoption of a Resolution Updating the Mitigation Monitoring and Reporting Program Accordingly. Zoning District: HD (Hospital District).
Environmental Review: Project is Consistent with the 2011 Certified Environmental Impact Report (EIR) for the SUMC Facilities Renewal and Replacement Project.
Council Member Veenker recused herself from this item.
MOTION: Vice Mayor Stone moved, seconded by Council Member Lauing to:
1. Find the proposed amendment to the SUMC Development Agreement consistent with the Certified EIR for the SUMC Facilities Renewal and Replacement Project; and,
2. Adopt an Ordinance (Attachment A) approving Amendment No. 1 to the SUMC Development Agreement; and modify language as follows: to extend the second interim target year to 2024 and the final target year to 2026; and,
3. Adopt a Resolution (Attachment B) updating Mitigation Measure TR-2.3 to be Consistent with the Development Agreement Amendment Number 1; and,
4. Prioritize use of any payments to the City for trip reduction to have a prioritized use in the Northwest commercial areas of the City, meaning the hospital area and the shopping center areas.
MOTION PASSED: 4-2-1, Lythcott-Haims, Tanaka no, Veenker recused
CLOSED SESSION
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 1175 North San Antonio Road, Palo Alto (Informally known as the former Los Altos Treatment Plant site) Negotiating Party: Santa Clara Valley Water District City Negotiators: (Ed Shikada, Brad Eggleston, Karin North, Sunny Tong) Subject of Negotiations: Lease Price and Terms of Payment
Adjournment: The meeting was adjourned at 10:44 P.M.
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DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 10/23/2023
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minute s are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: November 13, 2023
Report #:2310-2103
TITLE
Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy Under AB 481; CEQA status – not a project.
RECOMMENDATION
Staff recommends that the City Council adopt an ordinance renewing and restating Ordinance No. 5562 (Attachment A), approving the updated Palo Alto Police Department Military Equipment Use Policy; and determining that, based on the PAPD 2023 AB 481 Annual Report (Attachment B), each type of military equipment has been used in compliance with Ordinance No. 5562.
BACKGROUND
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. 1 It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 labels as “military” equipment. It requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes:
each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). On September 27, 2022, in accordance with AB 481, the Palo Alto City Council adopted Ordinance No. 5562, approving Palo Alto Police Department Policy 716:
Military Equipment.2
1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2 City Council 9/27/22, https://www.cityofpaloalto.org/files/assets/public/v/1/police-department/public- information-portal/ab481-staff-report-and-ordinance-9-27-2022.pdf Item 4
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Additionally, AB 481 requires an annual report, community engagement meeting, and annual review by the governing body for continued use of the equipment. The Department’s 2023 AB 481 Annual Report describes its use of qualifying equipment over the past year, current inventory, related costs, and plans to replace certain pieces of equipment with safer and more cost-effective alternatives in the coming year.
Military Equipment Defined
AB 481 defines the term “military equipment” to include many pieces of equipment that are designed exclusively for, and commonly used by, local law enforcement agencies throughout the United States. While the Palo Alto Police Department possesses some equipment as defined by AB 481, the types of equipment possessed by the Palo Alto Police Department have been possessed for years (in some cases decades) and are all designed specifically for a law enforcement (not military) application.
Under AB 481, military equipment is defined as: drones and robots; command and control vehicles; military-grade vehicles for breaching (Mine Resistant Ambush Protected vehicles (MRAP) and Humvees); vehicles propelled by tracks; weaponized aircraft, vessels, or vehicles; explosive rams, slugs, or breaching devices; any .50 caliber or larger weapon or ammunition; any firearm or firearm accessory that is designed to launch explosive projectiles; “flashbang” grenades and explosive breaching tools, “tear gas,” and “pepperballs”; Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD); 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; any other equipment as determined by a governing body or a state agency to require additional oversight. (See Gov. Code section 7070(c)).
DISCUSSION
Staff recommends that the City Council adopt the attached ordinance to renew City Ordinance 5562 to ensure that the Palo Alto Police Department will continue to have access to each of its existing pieces of qualifying equipment, and to approve the updated corresponding policies and procedures applicable to maintenance and use of the equipment.
Qualifying Military Equipment Owned by Palo Alto Police Department For each type of qualifying equipment possessed by the Palo Alto Police Department, the possession and use of that equipment is governed by applicable Department policy, various statutes, and state and federal case law, in addition to AB 481. Personnel of the Palo Alto Police Department meet or exceed all California Peace Officer Standards & Training (POST) training requirements that apply to the qualifying equipment. The Department does not possess any equipment that is atypical for the region. Palo Alto possesses fewer types of this equipment than many other Bay Area agencies.
Many of the pieces of qualifying equipment possessed by the Palo Alto Police Department are specifically designed for the safe resolution of critical incidents, as opposed to everyday routine patrol deployment; as such, some are used exclusively by members of the specially-trained PAPD Item 4
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Crisis Response Unit (which includes the Special Weapons & Tactics (SWAT) Team and the Crisis Negotiation Team), who receive additional specialized training in the use of the equipment. The proposed policy outlines all qualifying equipment possessed by the Department in Section “G” on page 4 of the policy.
Several pieces of qualifying equipment are designed to support community safety and criminal apprehension by:
•Alternatives to the use of deadly force, such as less-lethal munitions and chemical agents available to properly certified and/or trained sworn officers to provide less-lethal force options to safely effectuate arrests of criminal suspects in limited situations. •Means of de-escalation, such as the long-range acoustic device intended to send messages to facilitate communications with subjects from a safe distance. •Means of gathering information without jeopardizing the safety of officers, bystanders, and criminal suspects, such as an unmanned aerial vehicle or robot, neither of which are possessed by the Palo Alto Police Department but that may be used by a partner law enforcement agency to safely resolve a critical incident during a mutual aid event. •Command and control vehicle (the Mobile Emergency Operations Center, or MEOC) which serves as a mobile command post at critical incidents, disasters, or special events, as well as a backup 9–1–1 dispatch center in the event the City’s main dispatch center is compromised or unavailable. The MEOC is most typically operated by the City’s Office of Emergency Services.
•Diversionary devices, used exclusively by members of the Department’s SWAT team who have received specialized additional training; the equipment creates an auditory and visual diversion to facilitate the operation of tactical teams during a critical public safety incident.
•One sniper rifle with associated ammunition, used exclusively by members of the Department’s SWAT team who have received specialized additional training. While not covered by AB 481, all properly trained patrol officers carry standard-issue AR-15 patrol rifles that are carried locked in patrol vehicles. In both cases, rifles allow sworn officers to address threats with greater precision at a greater distance.
Annual Reporting Requirements
As required by AB 481, City Ordinance 5562, and PAPD Policy 716, PAPD must prepare an annual report on the use of each type of military equipment approved in the Policy over the last year.
Subsequently, the City Council must review the Ordinance, Policy, and AB 481 Annual Report and determine whether PAPD's use of the defined military equipment in the past year complied with the Policy and whether to renew the Ordinance.
AB 481 requires that the Department produce an annual report containing the following elements:
1. Summary of how each type of equipment was used and the purpose of that use; Item 4
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2. Quantity possessed of each type of equipment;
3. Annual costs for each type of equipment;
4. Summary of complaints or concerns received for each type of equipment;
5. Information disclosing violations of military equipment policies and actions taken in response, as well as the result of internal audits; and
6. Plans to acquire additional military equipment in the coming year, and the quantity sought.
The table contained in the attached PAPD 2023 AB 481 Annual Report provides this information.
The reporting period for this report is from the adoption of the use policy ordinance on September 27, 2022 to June 30, 2023 (the end of Fiscal Year 2023). Future reports will align with the City’s fiscal year to aid in reporting costs and planned purchases.
1. Use of Qualifying Equipment
During the reporting period, the Department’s qualifying equipment has been used minimally, largely related to training and certification. In fact, the only piece of equipment to be used in an operational setting (once) was the Mobile Emergency Operations Center, which was deployed in support of a presidential visit in June 2023. It should be noted that, as these types of equipment are specialized in nature, regular training is critical to maintaining proficiency and readiness in the event of a critical incident.
2. Quantity Possessed
The Department’s inventory of qualifying equipment was reduced only as a result of use for training and certification purposes. The Department plans to replenish its inventory only as necessary to maintain an adequate supply for training and potential operational use over the next year.
3. Annual Costs
The only related costs during the reporting period (approximately $13,000) were attributable to the maintenance and upkeep of the Mobile Emergency Operations Center.
4. Summary of Complaints
The Department did not receive any complaints or concerns related to the use of qualifying equipment.
5. Violations of Policy
The Department did not identify any violations of PAPD Policy 716, Military Equipment.
6. Plans to Acquire Additional Qualifying Equipment
The Department does not plan to acquire any new types of qualifying equipment. For those types of equipment where a portion of the Department’s inventory was used for training purposes, the Department plans to replenish its inventory accordingly to maintain an adequate supply for training and potential operational use over the next year, at a total cost not expected to exceed Item 4
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$4,000. Additionally, the Department plans to retire three pieces of equipment, replacing each with a newer alternative that is safer and more cost-effective. This is expected to come at a total cost not to exceed $1,400. The City's updated Military Equipment Use Policy reflects this new equipment. In the coming year, the Mobile Emergency Operations Center is expected to require maintenance and equipment replacement with a total cost not to exceed $25,000.
STAKEHOLDER ENGAGEMENT
On October 11, 2023 the Police Department hosted a community meeting at the Rinconada Library branch to present its 2023 AB 481 Annual Report, in accordance with the requirements of AB 481. The meeting was publicized – via the City’s event calendar, the City’s Uplift Local publication, and the Police Department’s dedicated AB 481 webpage – and took place within 30 days of submittal of the 2023 Annual Report to the City Council and its publication on the Police Department’s AB 481 webpage. The meeting was live-streamed and a recording of the meeting was also posted on the City’s Youtube channel and the Department’s AB 481 webpage.3
POLICY IMPLICATIONS
With Council renewal of the ordinance, the Police Department will continue to have access to each of its existing types of qualifying equipment (or analogous alternative), and the corresponding policies and procedures surrounding the use of the equipment will remain in effect.
RESOURCE IMPACT
There are no budget implications resulting from the adoption of this policy. Planned purchases articulated above are anticipated to be made using the Department’s FY 2024 adopted general fund budget.
ENVIRONMENTAL REVIEW
Adoption of an ordinance approving a military equipment use policy is not a “project” within the meaning of CEQA.
ATTACHMENTS
Attachment A: Ordinance Renewing the City’s Military Equipment Use Policy Attachment B: PAPD 2023 AB 481 Annual Report
APPROVED BY:
Andrew Binder, Police Chief
3 http://www.cityofpaloalto.org/PAPDequipment
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*NOT YET APPROVED*
1 257_20231030_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Renewing the Military Equipment Use Policy in Compliance with Govt. Code Section 7070 et seq.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1.Findings and declarations. The City Council finds and declares as follows:
1. In 2021, the California Legislature and the Governor approved AB 481, which requires the City Council to approve a “Military Equipment Use Policy” in order to acquire, use, or seek funds for the use of certain equipment used by law enforcement. AB 481 is codified at Gov. Code section 7070 et seq.
2. The City Council adopted Ordinance 5562 in September 2022 to approve the City’s first Military Equipment Use Policy.
3. As required by Govt. Code section 7072, the Palo Alto Police Department submitted an annual military equipment report for each type of military equipment approved by the City Council in 2022. This report was posted publicly on the Department’s website. The Department also held a community engagement meeting on October 11, 2023.
4. As required by Govt. Code section 7071, the City Council now intends to renew and restate Ordinance 5562 to implement the Military Equipment Use Policy for another year.
SECTION 2.The City Council makes the following required findings in compliance with Gov. Code section 7071(d)(1) and (e) as to the attached Military Equipment Use Policy:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time.
SECTION 3.The City Council hereby approves the attached Military Equipment Use Policy incorporated as Exhibit A to this ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Council finds that adoption of this Ordinance is not a “project” within the meaning of CEQA.
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Renewing the City’s
Military Equipment Use
Policy
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SECTION 6.This Ordinance shall be effective on the thirty-first date after the date of its adoption. This Ordinance shall then supersede Ordinance 5562, and any conflict shall be resolved in favor of this Ordinance.
SECTION 7. This Ordinance shall be uncodified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Chief of Police
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Exhibit A
Palo Alto Police Department Military Equipment Use Policy (Updated November 2023)
PURPOSE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 as codified at Govt. Code section 7070 et seq., and establishes guidelines for the acquisition, funding, use and reporting of “military equipment”, as the term is defined in Government Code section 7070.
These obligations include but are not limited to seeking approval on specific items deemed, by statute, to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
PROCEDURE
A. DEFINITIONS
1. Governing Body – The City Council of the City of Palo Alto.
2. Military Equipment – Shall have the same meaning as defined by California Government Code § 7070(c).
B. GOVERNING BODY APPROVAL
1. The Department shall obtain approval of the governing body prior to engaging in any of the following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to general order f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
g. Acquiring military equipment through any means not provided in a. through f.
2. In seeking the approval of the governing body, the Department shall comply with Gov. Code § 7071, which requires that the Department submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
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3. The governing body must be able to make the following findings in approving the Military Equipment Use Policy as required by Gov. Code § 7071(d)(1) in order to use military equipment:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
C. MILITARY EQUIPMENT ANNUAL REPORT
The Department shall submit an annual military equipment report to the governing body that addresses each type of military equipment possessed by the Department in compliance with Gov. Code § 7072.
1. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.
2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e. The quantity possessed for each type of military equipment. f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Department will document each use of military equipment and, via administrative review, ensure compliance with this policy. Any instances of non-compliance will be reported to the City Council via the annual military equipment report, and to the Independent Police Auditor where appropriate.
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D. MILITARY EQUIPMENT USE POLICY COMPLAINTS AND CONCERNS Pursuant to Gov. Code § 7070(d)(7), members of the public may register complaints or concerns or submit questions by any of the following means:
1.Via email to: [email protected]
2.Via phone call to: (650) 329-2406
3.Via mail sent to: Palo Alto Police Department
Attn: Personnel and Training
275 Forest Avenue
Palo Alto, CA 94301
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
E. MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed, unless exigent circumstances arise.
F. MILITARY USE EQUIPMENT POLICY CONTENTS
All military use equipment kept and maintained by the Department shall be cataloged in a way which addresses each of the following requirements in compliance with Gov. Code § 7070(d):
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
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G. USE POLICY FOR SPECIFIC EQUIPMENT
Qualifying Equipment Owned/Utilized by the Department
Equipment Type: 37mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 30 owned Lifespan: Approximately 15 years Equipment Capabilities: The 37MM Less Lethal Launcher is capable of firing 37MM Kinetic Energy and Chemical Agent Munitions. Palo Alto PD only possesses “KO1” impact baton rounds in its inventory.
Manufacturer Product Description: Sage Control Ordinance 37MM launchers are rugged, reliable, and simple to operate less lethal launchers. These launchers are light weight, versatile and used worldwide by police officers. The 37MM launcher family of products is available in single-shot (“Ace”), double-shot (“Deuce”), or magazine fed configurations. Palo Alto PD possesses the “Ace” and “Deuce” models.
Purpose/Authorized Uses: The 37MM Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
Circumstances appropriate for deployment include, but are not limited to, situations in which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
Fiscal Impacts: The initial cost of this equipment was approximately $27,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force) and 308 (Control Devices and Techniques). Use will continue to be subject to an administrative Use of Force review.
Training Required: Officers must complete a department certified 37mm course as well as regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: 1 Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones, and can be more narrowly directed.
Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels Item 4
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(volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.
Purpose/Authorized Uses: Primarily used to communicate, from a safe distance, with armed and/or barricaded subjects, for the purpose of negotiation. Can also be used in furtherance of search and rescue operations, and to communicate lawful dispersal orders.
Fiscal Impacts:
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local law, and PAPD policy, including but not limited to PAPD policy § 414 (Hostage and Barricade Incidents). Use will be subject to an administrative review.
Training Required: The Palo Alto Police Department provides internal training for staff members prior to allowing them to use this equipment.
Other Notes: This equipment is maintained and operated by members of the Department’s Crisis Negotiation Team (CNT).
Equipment Type: Diversionary Devices and Chemical Agents (tear gas) and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 108 Lifespan: 5 years
Equipment Capabilities: Capable of creating auditory/visual distractions, and/or deploying tear gas or pepper chemical to distract potentially dangerous individuals.
Manufacturer Product Description:
The Palo Alto Police Department uses Diversionary Devices and Chemical Agents produced by Defense Technology (DT) and Combined Tactical Systems (CTS). All Chemical Agents utilized by PAPD contain CS (Orthochlorobenzalmalononitrile) or OC (Oleoresin Capsicum).
Diversionary Devices:
1. Mini-Bang (CTS-7290M)
a. The Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 180db output of the 7290 and produces 6-8 million candela of light.
Chemical Agents:
1. CS 37mm Liquid Ferret Barricade Round (CTS-3330)
a. 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room.
2. CS 37mm Liquid Ferret Barricade Round (DT-1162)
a. The Ferret® 37 mm CS Round is a frangible projectile filled with chemical agent. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure.
3. CTS 5230b Baffled CS
a. The design of the Baffled CS allows the contents to burn within an internal can and external baffling, and disperse the agent safely with reduced risk of fire.
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and/or dislodge a barricaded subject. This grenade can be hand thrown or launched from a fired delivery system.
4. CTS 5230 Riot CS
a. The CTS Riot CS is specifically designed for outdoor use. It discharges a high volume of smoke and chemical agent through multiple emission ports. This grenade can be hand thrown or launched from a fired delivery system.
5. CS Riot Control (DT-1082)
a. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn. . This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. .
Smoke:
1. CTS 5210 White Smoke
a. The CTS 5210 White Smoke Grenade is designed specifically to conceal tactical movement or to route a crowd. The volume of non-irritant smoke and agent is vast and obtrusive.
PepperBall:
Less lethal launchers are designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the PepperBall system offers flexibility, safety and security, all within one platform. Each launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air powering the launch of projectiles.
Purpose/Authorized Uses: creating explosive distractions, and/or deploying chemical agents.
Fiscal Impacts: The initial cost of the Pepperball equipment was approximately $7,920. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
The initial cost of the distraction devices and chemical agents was approximately $2,400. The ongoing costs for munitions will vary and (minimal, if any) maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use Use governed by applicable State, Federal and Local law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 308 (Control Devices and Techniques), and 408 (Crisis Response Unit).Use of tear gas or pepper balls will continue to be subject to an administrative Use of Force review. Use of distraction devices will be subject to an administrative review to ensure policy compliance.
Training Required: A P.O.S.T. certified Control Devices and Techniques Department chemical agent and distraction device instructor provides internal training for all members of the SWAT team prior to allowing them to use flashbang grenades or tear gas. The Department provides internal training for all members prior to allowing them to use pepper balls.
Other Notes: Distraction devices and chemical agents are exclusively maintained and operated by members of the Department’s Special Weapons and Tactics Team (SWAT).
Equipment Type: Bolt Action Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: Accuracy International rifle is capable of firing a 7.62mm/.308 cal projectile bullet.
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Manufacturer Product Description: Accuracy International (AI) Accuracy Tactical bolt action rifle .308 Winchester/7.62mm NATO.
1.20" barrel threaded 5/8x24
2.Nightforce:C622 Scope .250 MOA
3.AI Adjustable cheek piece
4.AI Two-stage trigger
5.AI 10-round .380 caliber magazine
6.AI Three-position safety
Purpose/Authorized Uses: This rifle is authorized for use by a specially-trained, SWAT marksman only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When the officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: This equipment was purchased by the Palo Alto Police Department at an initial cost of $6500.00. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 312 (Firearms), and 408 (Crisis Response Unit).Each use will continue to be subject to an administrative Use of Force review.
Training Required: In addition to CA P.O.S.T. certified patrol rifle and CA P.O.S.T. certified standard SWAT Operator training, SWAT marksmen must successfully complete a CA P.O.S.T. certified course as well as regular SWAT marksmanship training and qualifications as required by law and policy.
Other Notes: None.
Qualifying Equipment Owned/Utilized by Palo Alto OES
Equipment Type: Command and control vehicle – CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: 1 Lifespan: Approximately 20 years Equipment Capabilities: The City of Palo Alto Office of Emergency Services (OES) has a Mobile Emergency Operations Center (MEOC) vehicle.
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Manufacturer Product Description: The MEOC is built on a 40’ Freightliner chassis, 2010 Model Year.
Purpose/Authorized Uses: The MEOC serves as a resource for public safety and coordinates with other such vehicles operated by other agencies. It is deployed to “all hazards” ranging from natural disasters, wildfires, crime, special events, and planned and unplanned disruptions to 9-1-1 and Emergency Operations Center systems and facilities.
Fiscal Impacts: The MEOC was acquired in approximately 2010 with grant funding of $300,000 and City funding of $375,000. The ongoing costs for maintenance and operation will vary and most maintenance is conducted by City staff.
Legal/Procedural Rules Governing Use: It is the policy of OES to use the MEOC in accordance with California State law regarding the operation of motor vehicles. Furthermore, since the MEOC is grant-funded and since the MEOC is a rare resource, the City may support mutual aid with the MEOC (for example wildfire response). Use will be subject to an administrative review to ensure policy compliance.
Training Required: The MEOC is a highly complex system. City staff are provided with requisite training and licensing, depending on their role in supporting the MEOC.
Other Notes: The MEOC is not a “military vehicle” but could support coordination with the National Guard, FEMA, and other cooperating agencies after a major earthquake or other disaster.
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Palo Alto Police Department collaborates and/or participates for law enforcement purposes
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: None (outside owned) Lifespan: Various Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid equipment and personnel at the time of need.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local law, Federal Aviation Administration (FAA) regulations, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency Assistance).Federal Aviation Administration (FAA) regulations . Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of Item 4
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areas where there is a reasonable expectation of privacy. Upon mutual aid or other request from PAPD, UAS/Drone will be operated by the deploying agency’s staff pursuant to their own policies and review.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various Equipment Capabilities: Robots are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid equipment and personnel at the time of need.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Use governed by applicable State, Federal and Local law, Federal Aviation Administration (FAA) regulations, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency Assistance). Upon mutual aid or other request from PAPD, vehicle will be operated by deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this equipment, it could be deployed to an incident within city limits.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned/Sought: None (outside owned) Lifespan: Various Equipment Capabilities: Capable of breaching doors, gates, and other points of entry; facilitating the safe transport of officers or civilians facing an armed suspect.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid equipment and personnel at the time of need.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Safely transporting police personnel or evacuating civilians, when facing with an armed suspect.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local law, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency Assistance). Upon mutual aid or other request from PAPD, vehicle will be operated by deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
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Other Notes: While the Palo Alto Police Department does not own or operate this equipment, it could be deployed to an incident within city limits.
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2023 Annual Report
AB 481 - Military Equipment
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Background
On September 30, 2021, Governor Gavin Newsom signed a series of eight (8) policing reform bills including Assembly Bill 481 (AB 481), which regulated the acquisition and use of military equipment by local law enforcement agencies.
On September 27, 2022, in accordance with AB 481, the Palo Alto City Council adopted Ordinance No. 5562, approving Palo Alto Police Department Policy 716: Military Equipment.
Summary
The Palo Alto Police Department (PAPD) had equipment in 5 of the 15 categories requiring reporting by AB 481 in 2022. The equipment has been used minimally, largely related to training and certification.
The City has not received any complaints, audits, or policy violations regarding the use or acquisition of the equipment. PAPD has diligently followed the established Department Policy (716), ensuring transparency and accountability in its operations. Plans for future equipment purchases meeting the reporting requirements of AB 481 are minimal and mostly focused on replacing or replenishing equipment used throughout the year. Planned purchased are anticipated to be made using the Department’s general fund budget.
Introduction
As required by AB 481, City Ordinance 5562, and PAPD Policy 716, PAPD must prepare an annual report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must review the Ordinance, Policy, and AB 481 Annual Report and determine whether PAPD's use of the defined military equipment in the past year complied with the Policy and whether to renew the Ordinance.
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AB 481 Categories
PAPD has equipment meeting 5 of the 15 categories set forth in AB 481 and PAPD Policy 716, in bold:
1. Unmanned, remotely piloted, powered aerial or ground vehicles
2. Mine-resistant ambush-protected vehicles or armored personnel carriers
3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
4. Tracked armored vehicles that provide ballistic protection to their occupants
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
6. Weaponized aircraft, vessels, or vehicles of any kind
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature
8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns
9. Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition
10. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue service weapons and ammunition of less than .50 caliber
11. Any firearm or firearm accessory that is designed to launch explosive projectiles
12. Noise-flash diversionary devices, explosive breaching tools or munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
14. Kinetic energy weapons and munitions
15. Any other equipment as determined by a governing body or a state agency to require additional oversight
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Annual Reporting Requirements
AB 481 requires that police departments identify, at a minimum, six elements in their annual reports for each type of equipment:
1. Summary of how each type of equipment was used and the purpose of that use;
2. Quantity possessed of each type of equipment;
3. Annual costs for each type of equipment;
4. Summary of complaints or concerns received for each type of equipment;
5. Information disclosing violations of military equipment policies and actions taken in response, as well as the result of internal audits; and;
6. Plans to acquire additional military equipment in the coming year, and the quantity sought.
The table on the following pages provide this information in the categories of Quantity, Costs, Summary Use and Purpose, Complaints, Policy Violations, and Future Purchases.
The reporting period for this report is from the adoption of the use policy ordinance on September 27, 2022 to June 30, 2023 (the end of Fiscal Year 2023). Future reports will align with the City’s fiscal year to aid in reporting costs and planned purchases.
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Equipment
Name
Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
Category 5: Command and Control Vehicles
MEOC 1 Approx.
$13,000 in
maintenance
and
equipment
costs
The MEOC serves as a resource for
public safety and coordinates with
other such vehicles operated by
other agencies. It is deployed to “all
hazards” ranging from natural
disasters, wildfires, crime, special
events, and planned and unplanned
disruptions to 9‐1‐1 and Emergency
Operations Center systems and
facilities.
The MEOC was deployed,
operationally, once in 2023, in
support of a presidential visit.
None None Maintenance
and equipment
costs not
expected to
exceed $25,000
Category 10: Specialized Firearms and Ammunition of less than .50 caliber Bolt Action Rifle 1 None This rifle is authorized for use by a specially‐trained, SWAT marksman
only and may be deployed in any
circumstance where the officer can
articulate a reasonable expectation
that the rifle may be needed.
Equipment was not deployed in
2023, other than for SWAT training
purposes.
None None Replacement
ammunition as
needed to
support training
and operational
use, not
expected to
exceed $2500
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Equipment Name Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
Category 12: Noise Flash Diversionary Device and Chemical Munitions (CTS-7290) 0 None Capable of creating auditory/visual
distractions to distract potentially
dangerous individuals.
The CTS-7290 was not deployed in
2023, other than for SWAT training
purposes.
None None None. This
equipment has
been phased out.
Mini‐Bang (CTS‐
7290M)
19 None Capable of creating auditory/visual
distractions to distract potentially
dangerous individuals.
The Mini-Bang (CTS-7290M) was not
deployed in 2023, other than for SWAT
training purposes.
None None 12 replacement
units to support
training and
operational use
($578.28)
CS 37mm Liquid
Ferret Barricade
Round (CTS‐3330)
36 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None 32 replacement
units to support
training and
operational use
($890.56)
CS 37mm Liquid
Ferret Barricade
Round (DT‐1162)
1 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None None
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Equipment Name Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
CS Flameless Tri‐
Chamber (DT‐
1032)
14 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None Retire existing
units; replace
with safer CTS
5230b Baffled CS
(12 units at
$708.30 total)
CS Triple Chaser
Separating
Canister (DT‐
1026)
25 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None Retire existing
units; replace
with safer CTS
5230 Riot CS (15
units at $515.85)
CS Riot Control
(DT‐1082)
2 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None None
Maximum HC
(Hexachlorethane)
Smoke (DT‐1073)
6 None Capable of concealing tactical
movement or to route a crowd via non‐
irritant smoke.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None Retire existing
units; replace
with less
expensive CTS
5210 White
Smoke (5 units at
$166.85)
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Equipment
Name
Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy Violations Planned Future Purchases
Category 13: Long-range Acoustic Devices
Long Range
Acoustic Device
(LRAD)
1 None Primarily used to communicate, from a
safe distance, with armed and/or
barricaded subjects, for the purpose of
negotiation. Can also be used in
furtherance of search and rescue
operations, and to communicate lawful
dispersal orders.
The LRAD was not deployed in 2023,
other than for Crisis Negotiations Team
training purposes.
None None None
Category 14: Kinetic Energy Weapons and Specialty Munitions 37mm Less Lethal
Launcher
30 None The 37mm Less Lethal Launchers and
Kinetic Energy Munitions are intended
for use as a less lethal use of force
option.
The 37mm launcher was not used in
2023, other than for training purposes.
None None None
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: November 13, 2023
Report #:2310-2165
TITLE
Finance Committee Recommendation to Maintain Current Service Delivery Model for Print and Mail Services; CEQA Status – Not a Project
RECOMMENDATION
Finance Committee recommends that the City Council approve maintaining the current print and mail services delivery, an in-house model, and review status of cost and performance within 18 months.
BACKGROUND/ANALYSIS
The Finance Committee received the report closing out the committee referral from 2019 to review alternative service delivery options along with possible cost savings and required services levels for the printing function. After the review of request for proposal (RFP) results it became clear that keeping the print and mail function in-house was the best option for the City considering a number of factors as described in the staff report1 (Finance Committee Minutes2).
Printing services are provided by City staff to satisfy the myriad printing needs of City departments with fast turnaround. This review was designed to consider outside providers to satisfy these needs at a cost savings. After conducting a request for proposal (RFP) process, which included two rounds of collecting cost information, staff recommends maintaining printing services in-house as the best way to meet organization needs while keeping costs within the range demonstrated in the market at this time. Recognizing that market conditions and business need vary over time, staff will periodically revisit this conclusion. 1 CMR:2307-1793 Printing Services Review -
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=13096&compileOutputType =1
2 Minutes:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=13095&compileOutputType =1
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Taking into account the City’s emphasis on responsive customer service, fast turn-around and delivery, maintaining career growth opportunities, and minimizing organizational change related to printing services staff recommended and the committee approved keeping print services in-house. The recommendation reflects the balancing of these interests along with financial impacts to strive towards the goal of achieving a solution that positively affects most of these factors. These impacts are noted towards the end of the report.
To develop the print shop to more comprehensively serve departments now that it is being kept in-house staff expects to complete recruitment of a vacant position and cancel the RFP process previously conducted.
The motion unanimously passed as follows:
MOTION: Council Member Lythcott-Haims moved, seconded by Vice Mayor Stone to recommend the City Council to direct staff to:
•Close the RFP process and keep in-house Print Shop services supplemented with contracts, which continues core printing services to departments, maximum flexibility, customer service and quick turnaround
•Add outside contracts for added capacity during high demand and special printing needs and managed by the Print Shop for “one-stop shop”
•Bolster Print Shop with additional printing and design skills/abilities to increase value to departments
•Recruit for printing experience
•RFP process would be cancelled with no award
•Report out status within 18 months
MOTION PASSED: 3-0
FISCAL/RESOURCE IMPACT
The Printing and Mailing Fund has a FY 2024 Adopted Budget of approximately $1.5 million made up of $263,000 in salary and benefits costs for 2.10 FTE and $1.2 million in non-salary costs. The expenses include postage costs of $300,000 and other expenses of $265,000. Since these costs are not related to the printing function, they can be removed from the total to determine the approximate cost of the printing service even though the two are joined. When this is done the resulting amount for the print shop is around $1.1 million when also considering the allocation to departments.
It’s important to consider the mailing function and related costs since those are costs that will remain no matter what’s done with printing, and they share staff. Should the City stop providing print services in-house, at minimum, one staffing resource would be necessary to retain to continue mailing functions.
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STAKEHOLDER ENGAGEMENT
This project involved the input from City departments that use the print shop. Printing vendors were contacted to provide proposals and other cities provided information on their own printing services.
ENVIRONMENTAL REVIEW
This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.
APPROVED BY:
Kiely Nose, Assistant City Manager
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: November 13, 2023
Report #:2309-2004
TITLE
Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute Purchase Orders with a To-Be Determined Vendor(s) to Procure Thirteen (13) New Fully Electric Sedans And Five (5) New Fully Electric Vans for a One Time Purchase for a Total Not-To-Exceed Amount of $985,000. CEQA Status - exempt under CEQA Guidelines Section 15061.
RECOMMENDATION
Staff recommends that Council adopt a resolution to authorize the City Manager or their designee to:
1. Negotiate and execute a purchase order(s) with a to-be-determined vendor(s) in an amount not to exceed $585,000 for the purchase of 13 new fully electric sedans; and
2. Negotiate and execute a purchase order(s) in an amount not to exceed $400,000 with a to-be-determined vendor(s) for the purchase of 5 new fully electric vans.
BACKGROUND
The Vehicle and Equipment Use, Maintenance, and Replacement policy section 4-01 provides for the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled using guidelines based on age, mileage accumulation, and obsolescence. Policy 4-01 prescribes a replacement interval of 10 years/100,000 miles for compact sedans and vans.
Over the last several years, the City has experienced lack of availability, increased pricing, and minimal ordering windows due to supply chain constraints in the auto industry that have impeded efforts to replace vehicles in a timely manner. Ordering windows have often closed faster than staff is able to bring a purchase order to Council for approval. This report recommends that Council adopt a resolution (Attachment A) delegating the final purchase approval of 18 vehicles included in the Fiscal Year 2024 replacement plan to the City Manager, as provided for in Palo Alto Municipal Code (PAMC) sections 2.30.250 and 2.30.295 (b), in the interest of efficient and expedited purchases that align with the goals and objectives of the Council and City policy.
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For Fiscal Year 2024, Council approved an all-electric vehicle replacement program, with the exception of Police pursuit-rated vehicles. With the purchase of these replacement vehicles, the City’s electric vehicle fleet will increase from 14 to 32 vehicles.
ANALYSIS
Project Description
The City’s fleet includes 13 Compressed Natural Gas (CNG) Honda Civics that meet or exceed the City’s replacement criteria and that are programmed for replacement in Fiscal Year 2024.
The vehicles are assigned to multiple divisions, with eight of these vehicles designated as shared use vehicles for the Community Services, Public Works, and Fire Departments. Two vehicles are assigned to the Planning and Development Services Department for code enforcement and building inspections, and three are assigned to the Fire Department for fire inspections.
The fleet includes five (5) Ford E-350 cargo vans that meet or exceed the City’s replacement criteria and that are programmed for replacement in Fiscal Year 2024. Two have CNG engines and three have gasoline engines. Two vehicles are assigned to the Public Works Department and three are assigned to the Utilities Department.
Procurement Process
Staff plans to follow the City’s procurement regulations as outlined in the PAMC. Processes authorized may utilize a cooperative purchasing agreement, such as Sourcewell, in lieu of conducting competitive solicitations, allowed under PAMC section 2.30.360 (j), and/or may include formal solicitations as would otherwise be required by PAMC section 2.30.310 (b). A solicitation was conducted for the purchase of thirteen (13) 2023 Chevrolet Bolt EUV vehicles. A single bid received was for an amount below the $585,000 authority staff is requesting and staff is following the process to develop a purchase order for the vehicles. However, staff has not conducted a solicitation for the purchase of five (5) fully electric vans and the procurement method for the vans has not yet been determined. The open period window is often short so this delegation to the City Manager allows staff to move quickly with the dealer to secure the vehicles whether through bidding or a cooperative purchasing agreement process.
FISCAL/RESOURCE IMPACT
Funding was approved for the purchase of these 18 vehicles in the Vehicle Replacement Fund Scheduled Vehicle and Equipment Replacement – Fiscal Year 2024 project (VR-24000). $45,000 was budgeted for the replacement of each Honda Civic, and $80,000 was budgeted for the replacement of each Ford van, for a total budgeted amount of $985,000.
STAKEHOLDER ENGAGEMENT
Requests for vehicle replacements are presented to the Fleet Review Committee (FRC) for approval during the development of the proposed budget and any deviation from these plans is Item 6
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also reviewed by the Committee. The FRC is comprised of executive leadership representatives from the Public Works and Administrative Services Departments and the City Manager’s Office.
Additionally, Fleet staff review proposed vehicle replacements with the departments using the vehicles.
ENVIRONMENTAL REVIEW
Vehicle purchases are exempt from the California Environmental Quality Act under CEQA guidelines (Section 15061).
ATTACHMENTS
Attachment A: Resolution for City Manager to Procure Electric Vehicles APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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NOT YET APPROVED
0007_20230519
Resolution No. ____
A Resolution of the City Council for the City of Palo Alto Authorizing the City Manager to Negotiate and Execute
Purchase Orders with To- Be Determined Vendor(s) to Procure Thirteen (13) new Fully Electric Sedans and Five (5) new Fully Electric vans for a one-time Purchase with a Total Not-To- Exceed Amount of $985,000
R E C I T A L S
A. The Vehicle and Equipment Use, Maintenance, and Replacement, Policy 4-01, provides for the on-going replacement of City fleet vehicles and equipment, and prescribes a replacement interval of 10 years/100,000 miles for compact sedans and vans.
B. The City’s current fleet includes thirteen Compressed Natural Gas (CNG) Honda Civics that meet or exceed the City’s replacement criteria and are scheduled for replacement in Fiscal Year 2024. These vehicles are assigned to multiple divisions, with eight designated as shared-use vehicles for the Community Services, Public Works, and Fire Departments. Two vehicles are assigned to the Planning and Development Services Department for code enforcement and building inspections, and three are assigned to the Fire Department for fire inspections.
C. The fleet also includes five Ford E-350 cargo vans that meet or exceed the City’s replacement criteria and are scheduled for replacement in Fiscal Year 2024. Two vans have CNG engines and three have gasoline engines. Two vehicles are assigned to the Public Works department and three are assigned to the Utilities Department.
D. Over the last several years the City has experienced lack of availability, increased pricing, and minimal ordering windows due to supply chain constraints in the auto industry that have impeded efforts to replace vehicles in a timely manner.
E. Delegating the final purchase approval of the vehicles above to the City Manager, as permitted under the Municipal Code, will allow the City to purchase these vehicles efficiently and expeditiously in alignment with the goals and objectives of the Council and City policy.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City Manager or their designee is hereby authorized to negotiate and execute purchase orders with vendors, yet to be determined, to procure thirteen (13) new fully electric sedans and five (5) new fully electric vans, in an amount not to exceed $985,000.
SECTION 2. The Council finds that the adoption of this resolution not a project under the California Environmental Quality Act (CEQA) Guidelines 15378(b)(5) because it is an Item 6
Attachment A -
Resolution for City
Manager to Procure
Electric Vehicles
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NOT YET APPROVED
0007_20230519
organizational or administrative activity that will not result in direct or indirect physical changes in the environment and thus, an environmental assessment under CEQA is not required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Administrative Services
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Resolution for City
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: November 13, 2023
Report #:2309-1997
TITLE
Approval of Second Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue between the City of Palo Alto and the Palo Alto History Museum; CEQA Status--Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager, or their designee, to execute the Second Amendment to Tenant Work Letter by and between the City of Palo Alto and Palo Alto History Museum to memorialize the current project schedule and funding information.
BACKGROUND
In December 2022, Council approved a 40-year lease with the Palo Alto History Museum for use of the Roth Building located at 300 Homer Avenue1. The lease contemplated construction of various tenant improvements, with additional details and obligations to be documented in a “mutually agreeable Tenant Work Letter.” At the April 17, 2023 meeting, the Council approved the Tenant Work Letter2. The Tenant Work Letter was fully executed on April 20, 2023, and the Palo Alto History Museum (the Museum) subsequently assumed responsibility for the property.
The Tenant Work Letter was amended and approved by the Council on September 5, 2023 to revise certain insurance requirements for Palo Alto History Museum and its general contractor, Vance Brown, Inc.3 Now, updates are necessary to Attachments A and B of the Tenant Work Letter and require approval by the Council.
1 CMR 15017 Approval of Lease for the Roth Building (300 Homer Ave.) https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=8715&compileOutputType= 1 2 CMR 2303-1108 Approval of Tenant Work Letter for Lease of 300 Homer Avenue Roth Building https://cityofpaloalto.primegov.com/meeting/document/1853.pdf?name=Item%2013%20Staff%20Report 3 CMR 2308-1885 Approval of First Amendment to Tenant Work Letter for the Roth Building at 300 Homer Avenue https://cityofpaloalto.primegov.com/meeting/document/2863.pdf?name=Item%204%20Staff%20Report Item 7
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Attachment A of the Tenant Work Letter is being updated to reflect the final Guaranteed Maximum Price (GMP) for the Construction Contract and to adjust the amount of the Museum Contribution commensurate with any adjustment to the GMP.
Attachment B is being revised and updated to ensure the Project Schedule reflects the most current as-planned schedule available.
ANALYSIS
Attachment A details the Parties’ respective funding commitments for construction on the Project. Prior to execution of the Tenant Work Letter, the Museum estimated the cost to construct the project based on the construction contract’s GMP of $11,513,075 and $335,750 in soft costs (such as permit and utility fees) for a total of $11,848,825. The Tenant Work Letter expressly acknowledged the need for a project funding update to reflect the final GMP, with revised funding commitments to be adopted by the City and Museum.
The contract sum within the construction contract, dated May 22, 2023, was updated to $12,756,281 with $372,011 in soft costs for a total of $13,128,292. The increase amount is attributed to rising cost over that time and updated pricing provided by subcontractors. There have been a few change orders since the execution of the construction contract, including $246,694 for window retrofit work and $38,855 for delays, but those amounts will reportedly be absorbed by the contingency that was previously budgeted at $1,159,662.
The Museum’s funding commitment has increased from $1,828,825 to $3,108,292, based on information provided by the Museum on May 18, 2023. Funds to be used from the approved $3 million HUD Grant will need to be increased from $978,825 to $2,258,292 to cover the $1,279,467 increase in costs as stipulated in the current terms of the TWL (Section 4.4).
Similarly, the Tenant Work Letter requires the parties to revise and update the project schedule to reflect the planned schedule for construction. Attachment B constitutes the planned schedule for construction of the Project, dated September 9, 2023. Construction was originally expected to start in July 2023, but commenced on September 11, 2023 after Council’s approval of the First Amendment which ensured the Museum had the required insurance coverage for construction, a pre-construction requirement, and substantial completion is currently expected by December 30, 2024.
FISCAL/RESOURCE IMPACT
Approval of the Second Amendment will not result in any fiscal/resource impact to the City. The City’s contribution to the project remains at $10,020,000 as shown in Table 1 below. As noted in the Tenant Work Letter, the Museum was approved for a $3 million HUD Grant. The HUD Funds component of the Museum Contribution has increased by $1,279,467, from $978,825 to $2,258,292 and these funds will flow through the Museum’s financials, not the City’s. The Museum intends to retain the remainder of the grant for the Museum buildout, but under the Item 7
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terms of the Tenant Work Letter will commit those funds to the Rehabilitation Project should there be further cost increases.
Table 1: Roth Building Rehabilitation Project (PF-23001) Funding Sources Original TWL
April 2023
Revised TWL
Sept. 2023
Museum Contribution
Donations $850,000 $850,000
HUD Funds $978,825 $2,258,292
Total Museum Contributions $1,828,825 $3,108,292
City Contribution
TDRs & General Fund Contributions $4,900,000 $4,900,000 SUMC $2,000,000 $2,000,000
County Grants $653,000 $653,000
CC Impact Fees $1,650,000 $1,650,000
Park Impact Fees $350,000 $350,000
Library Impact Fees $300,000 $300,000
Permit Reimbursement $100,000 $100,000
Perf. Bond Offset $67,000 $67,000
Total City Contributions $10,020,000 $10,020,000
Total Project Funding $11,848,825 $13,128,292
STAKEHOLDER ENGAGEMENT
Staff continues to work closely with Museum representatives to administer the terms of the Lease and Tenant Work Letter.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because amending the attachments of the Tenant Work Letter is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Second Amendment to Tenant Work Letter
APPROVED BY:
Kiely Nose, Assistant City Manager
Lead Staff: David Ramberg, Assistant Director; Sunny Tong, Real Property Manager Item 7
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SECOND AMENDMENT TO TENANT WORK LETTER
THIS SECOND AMENDMENT TO TENANT WORK LETTER (this “ Second Amendment”) is entered into as of _______________ (“Execution Date”) by and between CITY OF PALO (“City”) and PALO ALTO HISTORY MUSEUM (“Museum”).
RECITALS
A. WHEREAS, City and Museum are parties to that certain Tenant Work Letter dated as of April 20, 2023 as amended by that certain First Amendment to Tenant Work Letter dated September 6, 2023; and
B. WHEREAS, City and Museum desire to further modify and amend the Tenant Work Letter only in the respects and on the conditions hereinafter stated.
AGREEMENT
NOW, THEREFORE, City and Museum , in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, agree as follows:
1. Definitions. For purposes of this Second Amendment, capitalized terms shall have the meanings ascribed to them in the Tenant Work Letter unless otherwise defined herein.
2. Attachment A. Attachment A of the Tenant Work Letter is hereby deleted and replaced with the Attachment A attached hereto.
3. Attachment B. Attachment B of the Tenant Work Letter is hereby deleted and replaced with the Attachment B attached hereto.
4. Effect of Second Amendment. Except as modified by this Second Amendment, the Tenant Work Letter and all the covenants, agreements, terms, provisions and conditions thereof shall remain in full force and effect and are hereby ratified and affirmed. In the event of any conflict between the terms contained in this Second Amendment and the Tenant Work Letter, the terms herein contained shall supersede and control the obligations and liabilities of the parties.
5. Counterparts and PDF Signatures. This Second Amendment may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same document. A portable document format (PDF) signature using Docusign on this Second Amendment shall be equivalent to, and have the same force and effect as, an original signature.
[Signature page follows]
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IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day hereinabove first written.
CITY:
CITY OF PALO ALTO,
a California chartered municipal corporation
By: ______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
Approved as to Form:
By: ______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
MUSEUM:
PALO ALTO HISTORY MUSEUM
By: ______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
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ATTACHMENT A
PROJECT FUNDING
This Attachment A details the Parties’ respective funding commitments for construction of the Project, based on the estimated Construction Cost set forth in Recital F, which is subject to amendment prior to commencement of Project construction. Pursuant to Section 5.4, this Attachment A will be amended based on the final GMP, as a condition precedent to commencement of Project construction.
1. Museum Contribution. The Museum is contributing $3,108,292.00 to pay for certain hard and soft costs for the construction of the Project as further specified in Section 4.3, which is comprised of the following:
A. The Museum will contribute $372,011.00 to pay for all construction phase soft costs, including, without limitation, all permit and utility fees that are not expressly waived or reimbursed by the City and the premiums for the Builder’s Risk insurance for the Project.
B. The Museum will contribute $2,736,281.00, based on the difference between the City Contribution and the estimated amount of the GMP as of the Effective Date.
The Museum Contribution shall be funded by pledged and received donations in the amount of $850,000.00 (the “Museum Donations”) and, to the extent available and subject to Section 4.3 of the Tenant Work Letter, funds from the HUD Grant in the amount of $2,258,292.00 (the “HUD Funds”). Notwithstanding the foregoing, the amounts set forth herein are subject to amendment pursuant to Section 5.4 to reflect the final GMP and commensurate adjustments to the final amount of the Museum Contribution as a condition precedent to commencement of Project construction.
2. City Contribution. The City Contribution is comprised of the following contributions and reimbursements for construction of the Project, for a total City Contribution of $10,020,000, provided the Museum meets its funding obligations and timely complies with the conditions for Project commencement set forth in this Tenant Work Letter:
A. The City will contribute $4,900,000.00 from transferable development rights and City general funds.
B. The City will contribute $2,000,000.00 from Stanford University Medical Center development agreement funds.
C. The City will contribute $653,000.00 from funds received pursuant to the County Grant Agreements, which is to be allocated solely for the improvements specified in the County Grant Agreements, and conditioned Item 7
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upon the Museum’s compliance with the terms and conditions of the County Grant Agreements, as may be further specified in the Lease.
D. The City will contribute $1,650,000.00 from Community Center Impact Fees, toward construction cost for the community room facilities in the Building, provided those facilities are available for public community center use as further specified in the Lease.
E. The City will contribute $350,000.00 from Park Impact Fees toward construction costs for the restroom facilities on the northeast side of the Building, provided those facilities are available as the public restrooms serving Heritage Park as further specified in the Lease.
F. The City will contribute $300,000.00 from Library Impact Fees toward construction costs for the City Archive Room, provided the City Archive Room is available and accessible for City archives as further specified in the Lease.
G. The City will reimburse the Museum in the amount of $100,000.00 for permit fees previously assessed for the Project.
H. The City will contribute $67,000.00 to offset the cost for the General Contractor’s procurement of a payment bond and a performance bond.
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ATTACHMENT B
PROJECT SCHEDULE
Pursuant to Section 6.6 of the Tenant Work Letter, the attached schedule, dated ________, constitutes the planned schedule for construction of the Project.
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Activity Name Duration (Days)Start DateFinish Date% CompletePredecessorsSuccessorsCriticalFree FloatJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2023 2024
JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember Design/Permit Process 352.006/24/2111/22/22100%
Design Development (Complete)0.006/24/216/24/21100% 3No0.00 Permit Drawings (Complete) 0.006/24/216/24/21100%2 4, 5No0.00 City Review & Response (Complete)0.006/24/216/24/21100%3 5, 6No0.00 Negociation of Lease Agreement (Complete)0.006/24/216/24/21100%3, 485No0.00 Permit Ready to Pick Up (Complete)0.006/24/216/24/21100%4 7No0.00 Notice to Proceed per Section 4 in the O/C Agreement5.0011/15/2211/21/22100%68, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 22, 24, 25, 26, 86No0.00 Issue Permit (Complete) 0.0011/22/2211/22/22100%7 36, 85No0.00 Deferred City/County/OSHA Submittals236.006/1/234/25/2429% Fire Sprinklers (BFP) 40.008/15/2310/9/2375%797, 204, 205No0.00 Underground Fire Service (Seton)40.006/1/237/26/23100%7 96No0.00 Fire Alarm System (TLE/Code Red)40.008/15/2310/9/2325%7204, 205No165.00 Trellis (SVG) 40.009/1/2310/26/230%7 171No140.00
Site Signage/Monument Sign (by Owner)40.003/1/244/25/240%733, 186No0.00 Cafe Awning (by Owner) 40.003/1/244/25/240%7 186No80.00 Exterior Wall Mural (by Owner)40.003/1/244/25/240%7 186No80.00 Primary Project Procurement Items284.007/17/238/15/2469% Structural Steel/Misc. Metal Items30.007/17/238/25/23100%7 200No0.00 Elevator 30.007/17/238/25/23100%7 220No0.00
Main Switch Gear 215.007/17/235/10/24100%792FS-40.00, 219No0.00 Helical Piers 90.007/17/2311/17/23100%
Submittal/Approval 15.007/17/238/4/23100%7 23No0.00
Procure Piers for Installation75.008/7/2311/17/23100%22109No0.00 Exterior Glazing Items 30.007/17/238/25/2350%7 163No160.00 Exterior Stone/Precast Sills 30.007/17/238/25/2325%7 163No160.00 HVAC Equipment 30.007/17/238/25/23100%7 200No0.00
Custom Light Fixtures 77.008/31/2312/15/231%
Select Lighting Consultant 1.008/31/238/31/23100% 29No0.00 Submittal Review Round #1 10.009/11/239/22/230%2830No0.00 Revise and Resubmit Submittal5.009/25/239/29/230%2931No0.00 Submittal Review Round #2 10.0010/2/2310/13/230%3032No0.00 Fabricate/Deliver Fixtures 45.0010/16/2312/15/230%31204, 205No116.00 Signage/Monument Sign 80.004/26/248/15/240%14186, 187No0.00 Construction 381.007/17/2312/30/247%
Mobilization/Make Ready Work51.007/17/239/25/2350%
Install Site Fencing 1.007/17/237/17/23100%837, 38, 39, 40, 47, 56, 60No0.00 Install site signage 1.007/18/237/18/23100%3645No0.00
Cut & Cap Irrigation at South2.007/18/237/19/23100%3644No0.00 Install Erosion Control 1.007/18/237/18/23100%3643, 45No0.00 Demo & Salvage Wood Benches (Scope?)1.009/1/239/1/230%3641No346.00 Tree Protection 3.007/19/237/21/23100%4042No0.00
Demo Trees 2.009/1/239/4/23100%4144No0.00
Geo Fabric, AB @ Laydown Area - Delay #23.009/13/239/15/230%3944No0.00 Clear & Grub Site 4.009/18/239/21/230%38, 42, 4345No0.00 Install Stabilized Entrance 2.009/22/239/25/230%37, 39, 4447No0.00 Demolition 83.008/7/2311/29/2316%
Layout/Mark for Demolition 6.009/26/2310/3/230%36, 4548, 54, 58, 102No0.00 Protect Entrys, Medallions and Approve5.009/25/239/29/23100%4749, 50, 51No0.00 Construct Entry Tunnel 2.0010/2/2310/3/23100%4857No0.00 Install Visqueen at interior of Courtyard windows2.008/21/238/22/23100%48 No0.00 Protect (E) Flexwood 1.0010/2/2310/2/230%4852, 53No325.00 Protect (E) Fixtures to Remain2.008/22/238/23/23100%5153No0.00 Salvage (E) Interior Items 4.008/24/238/29/23100%51, 5255No0.00 Layout MEPS Penetration 3.0010/6/2310/10/230%47, 5857No0.00 1 2
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VANCE BROWN, INC.2585 E. BAYSHORE ROADPALO ALTO, CA 94303 PALO ALTO HISTORY MUSEUM300 HOMER AVENUEPALO ALTO, CA 94301
CONSTRUCTION PROGRESS UPDATE
September 9, 2023REVISION 6
Item 7
Attachment A - Second Amendment
to Tenant Work Letter
Item 7: Staff Report
Pg.
9 Packet Pg. 54 of 511
Activity Name Duration (Days)Start DateFinish Date% CompletePredecessorsSuccessorsCriticalFree FloatJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2023 2024
JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember Protection of Stair #1 - Delay #21.009/18/239/18/230%5361No43.00 Pre- Asbestos / Hazmat Remediation Meeting1.008/7/238/7/23100%3657No0.00 Asbestos / Hazmat Remediation25.0010/11/2311/14/230%49, 54, 5659, 71No0.00 Cut & Cap Utilities at Building2.0010/4/2310/5/230%4754No0.00 Certify Haz Mat Remediation2.0011/15/2311/16/230%5761, 62, 65, 68, 69, 77No0.00 RelocateTemp Electrical - Delay #22.009/18/239/19/230%3663No0.00 Demo Interior Fixtues, Built-Ins per Plans2.0011/17/2311/20/230%55, 5964, 67No0.00 Remove Tile Roof 5.0011/17/2311/23/230%5966, 69, 74No0.00 Cut Openings @ E line 2.009/20/239/21/230%6065No40.00
Demo Interior Walls per Plans5.0011/21/2311/27/230%61199No120.00 Sawcut (N) Ext Openings 1.0011/17/2311/17/230%59, 63128No6.00 Store Roof Tiles Onsite 1.0011/24/2311/24/230%6269No0.00 Demo (E) Plaster for Wall Tile Ins2.0011/21/2311/22/230%61171No121.00 Demo (E) Slab for Helical Piers1.0011/17/2311/17/230%5972, 76, 109No0.00 Strip Roof Underlayment 1.0011/27/2311/27/230%59, 62, 6670, 73, 80No0.00 Remove Balcony Decking 1.0011/28/2311/28/230%69152No14.00 Demo Ceiling Core Areas 3.0011/15/2311/17/230%5778, 79No0.00 Excavate for Helical Piers 1.0011/20/2311/20/230%68109No1.00 Remove, Reconfigure Roof Flashing1.0011/28/2311/28/230%69149No6.00 Demo Roof Parapet 1 Line D-E2.0011/24/2311/27/230%6275No0.00 Demo Stucco @ Roof Wall Intersection2.0011/28/2311/29/230%74150No9.00 Sawcut (E) Foundation for (N) Piers2.0011/20/2311/21/230%68109No0.00 Layout Demo Roof Demo 2nd Floor2.0011/17/2311/20/230%5980No5.00 Expose 2nd Floor Joists @ Arcade (9/S3.0)2.0011/20/2311/21/230%71139No4.00 Temp Support Roof for Shotcrete Walls2.0011/20/2311/21/230%7181, 127No0.00 Cut Roof Openings 2.0011/28/2311/29/230%69, 77146No65.00 Cut / Break (E) Beam for Shotcrete Wall2.0011/22/2311/23/230%7982No0.00 Sawcut, Demo 2nd Floor Slab2.0011/24/2311/27/230%8183No0.00 Demo On Site Sidewalks per Plans1.0011/28/2311/28/230%8289No56.00 On/Off Site Utilities (Excludes Gas Services)185.007/17/233/29/2420% Submit all Materials to PAPW1.007/17/237/17/23100%5, 886No0.00 Street Permit from PAPW (By CoPA)10.009/1/239/14/23100%7, 8587No0.00 Mark Offsite Utilities (By CoPA)1.009/15/239/15/230%8688, 96No0.00 Install Offsite Utilities (By CoPA)15.009/18/2310/6/230%8789No93.00 Install (N) SD outlet (after removal of laydown)5.002/15/242/21/240%83, 88, 19390, 196No0.00 Inspect SD outlet 1.002/22/242/22/240%8991No0.00
Test Compaction 1.002/23/242/23/240%90 No221.00
Stake (N) Transformer, Secondary Vault, Secondary Conduits1.003/18/243/18/240%20FS-40.0093, 94No0.00 (N) Elect Conduits to Switch, Vault, Xfrmr5.003/21/243/27/240%9295No0.00 Vault, Pads for Primary, Secondary5.003/19/243/25/240%9295No2.00 Pull Wires Site Elec to Main 2.003/28/243/29/240%93, 94199No31.00 Stake Onsite Water, FL, SS, BFP's to POC1.009/18/239/18/230%11, 8797No15.00 Install Onsite Water, FL, SS, BFP's3.0010/10/2310/12/230%10, 9698No0.00 Inspect Onsite Water, FL, SS, BFP's1.0010/13/2310/13/230%9799No0.00 Backfill Onsite Water, FL, SS1.0010/16/2310/16/230%98100No0.00 Certify BFP's 1.0010/17/2310/17/230%99 No314.00
Foundations 83.0010/4/231/26/240%
Layout 18" Piers 1.0010/4/2310/4/230%47103, 105No0.00
Excavate for WP @ Addition on Line E3.0010/5/2310/9/230%102104No0.00 Install WP @ Addition on Line E5.0010/10/2310/16/230%103117No50.00 Dill 18" Piers 5.0010/5/2310/11/230%102106No0.00
Install Rebar Cages @ Piers3.0010/12/2310/16/230%105107No0.00 Inspect Pier Rebar 1.0010/17/2310/17/230%106108No0.00
Pour Pier Concrete 1.0010/18/2310/18/230%107113No36.00
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VANCE BROWN, INC.2585 E. BAYSHORE ROADPALO ALTO, CA 94303 PALO ALTO HISTORY MUSEUM300 HOMER AVENUEPALO ALTO, CA 94301
CONSTRUCTION PROGRESS UPDATE
September 9, 2023REVISION 6
Item 7
Attachment A - Second Amendment
to Tenant Work Letter
Item 7: Staff Report
Pg.
10 Packet Pg. 55 of 511
Activity Name Duration (Days)Start DateFinish Date% CompletePredecessorsSuccessorsCriticalFree FloatJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2023 2024
JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember Install Helical Piers (mini piles)5.0011/22/2311/28/230%23, 68, 72, 76110No0.00 Test Helical Piers 1.0011/29/2311/29/230%109111No0.00
Install Epoxy Dowels @ (E) Walls5.0011/30/2312/6/230%110112No0.00 Test Epoxy Dowels 1.0012/7/2312/7/230%111113No0.00
Install Rebar @ Pier Caps 3.0012/8/2312/12/230%108, 112114No0.00 Form Pier Caps 3.0012/13/2312/15/230%113115No0.00
Pour Pier Caps 1.0012/18/2312/18/230%114116No0.00
Excavate GB's, AB @ SOG 5.0012/19/2312/25/230%115117, 120No0.00 Form GB's, SOG, Stairs 5.0012/26/231/1/240%104, 116118, 119, 120No0.00 Rebar @ GB's, SOG, Stairs 5.001/2/241/8/240%117120No0.00 Install AB's & Hardy Frame Anchors2.001/2/241/3/240%117121No4.00 Inspect Rebar @ GB's, SOG, Stairs1.001/9/241/9/240%116, 117, 118121No0.00 Pour GB's & SOG (Pour #1) 1.001/10/241/10/240%119, 120122No0.00 Pour GB's & SOG (Pour #2) 1.001/11/241/11/240%121123No0.00 Ex for HC Ramp, Edge, Pads, Decks3.001/12/241/16/240%122124No0.00 FRP HC Ramp Landings 4.001/17/241/22/240%123125No0.00
FRP Ext Landings, Deck Supports, Pads4.001/23/241/26/240%124177, 178, 203No0.00 Structual Work 96.0011/22/234/3/240%
Cut Out Rafters for Shotcrete Walls4.0011/22/2311/27/230%79128, 139No0.00 Shotcrete Wall, Soffit Forms B Line5.0011/28/2312/4/230%65, 127129No0.00 Rebar @ 8" Shotcrete Wall 5.0012/5/2312/11/230%128130No0.00 Form Infill Walls 4.0012/12/2312/15/230%129131No0.00
AB's Embeds @ Shotcrete Walls2.0012/18/2312/19/230%130132No0.00 Rebar @ Infills 5.0012/20/2312/26/230%131133No0.00
Inspect Shotcrete Walls 1.0012/27/2312/27/230%132134, 135No0.00 Shotcrete Wall Infills 3.0012/28/231/1/240%133136, 140No0.00 Embeds on Site for Structural1.0012/28/2312/28/230%133136No2.00 Mobilize Framer 1.001/2/241/2/240%134, 135137No0.00
Frame Basement Walls 5.001/3/241/9/240%136138, 141No0.00 Basement Rough-In 5.001/10/241/16/240%137206No111.00
Structure @ Low Sloped Roof7.0011/28/2312/6/230%78, 127141, 149No0.00 Layout for FC's, Duct & Plumbing2.001/2/241/3/240%134142, 143No7.00 Shore 2nd Fl Ceiling Joists for Shafts3.001/10/241/12/240%137, 139142No0.00 Structural @ 1st Floor Ceiling @ Arcade7.001/15/241/23/240%140, 141143No0.00 2nd Floor Framing Walls & Shafts15.001/24/242/13/240%140, 142144, 145No0.00 Frame 1st Floor Walls 5.002/14/242/20/240%143145No0.00
2nd Floor Roof Structure 6.002/21/242/28/240%143, 144146No0.00 Hight Roof Structure 10.002/29/243/13/240%80, 145147, 158No0.00 Frame Addition 15.003/14/244/3/240%146162No0.00
Exterior 214.0012/7/2310/1/240%
Low Sloped Roof Flashing, Gutters & Downspouts4.0012/7/2312/12/230%73, 139150No0.00 Underlayment @ Low Sloped Roofs2.0012/13/2312/14/230%75, 149151No0.00 Install Copper Tile, Seal 2.0012/15/2312/18/230%150152No0.00 Waterproof Ext Balconies 3.0012/19/2312/21/230%70, 151153No0.00 Test Waterproofing @ Balconies1.0012/22/2312/22/230%152154No0.00 Flash Elevator/Stair #2 2.0012/25/2312/26/230%153155, 157No0.00 Stucco @ Lift / Stair 7.0012/27/231/4/240%154156No0.00
Install Roof Level Guardrail 5.001/5/241/11/240%155172No163.00 Repair Flat Roof 4.0012/27/231/1/240%154172No171.00
Upper Sloped Roof Flashing, Gutters Downspouts4.003/14/243/19/240%146159, 165No0.00 Underlayment @ Upper Sloped Roof3.003/20/243/22/240%158160No0.00 Install Copper Tile System 5.003/25/243/29/240%159161No0.00 Load Tile for Roof 1.004/1/244/1/240%160164No0.00
Scaffold Exterior for Addition2.004/4/244/5/240%147163No0.00 109
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VANCE BROWN, INC.2585 E. BAYSHORE ROADPALO ALTO, CA 94303 PALO ALTO HISTORY MUSEUM300 HOMER AVENUEPALO ALTO, CA 94301
CONSTRUCTION PROGRESS UPDATE
September 9, 2023REVISION 6
Item 7
Attachment A - Second Amendment
to Tenant Work Letter
Item 7: Staff Report
Pg.
11 Packet Pg. 56 of 511
Activity Name Duration (Days)Start DateFinish Date% CompletePredecessorsSuccessorsCriticalFree FloatJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2023 2024
JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember Install (N) Exterior Doors 4.004/8/244/11/240%24, 25, 162167, 175No0.00 Install Roof Tiles 30.004/2/245/13/240%161168, 199, 200, 207, 245No0.00 Flash (E) Openings 5.003/20/243/26/240%158166, 167No0.00 Install Precast Sills/Caps 5.003/27/244/2/240%165167No7.00 Install (N) Exterior Windows 10.004/12/244/25/240%163, 165, 166169, 175No0.00 Perform Window Retrofit Scope30.005/14/246/24/240%164172No46.00 Water Test Openings 5.004/26/245/2/240%167170No0.00
Flashing @ Ext Stucco 5.005/3/245/9/240%169171No0.00
Install Lath, Plaster @ Addition30.005/10/246/20/240%13, 67, 170172No48.00 Paint Exterior 10.008/28/249/10/240%156, 157, 168, 171, 188174, 237, 240, 241, 248No0.00 Install Exterior Lights 2.002/12/242/13/240%181240No165.00 Install Trelis 10.009/11/249/24/240%172175, 240No0.00
Install Balcony Tile 5.009/25/2410/1/240%163, 167, 174240No0.00 Site Work 167.001/29/249/18/240%
Sleeve for Irrigation 2.001/29/241/30/240%125179No0.00
Demo (E) Concrete @ Courtyard2.001/29/241/30/240%125179, 180No0.00 Pour Back Sidewalks/Install Bike Racks2.001/31/242/1/240%177, 178182No6.00 Demo, Salvage Bricks @ Courtyard4.001/31/242/5/240%178181No0.00 Rough Grade, AB/DG, Pavers, Brick4.002/6/242/9/240%180173, 182, 186, 193No0.00 Install Irrigation 4.002/12/242/15/240%179, 181183No0.00 Grade, Geo Fabric @ Pavers2.002/16/242/19/240%182184No0.00 New Brick Pavers / Sailer Course6.002/20/242/27/240%183185No0.00 Reinstall Pavers / Header Course3.002/28/243/1/240%184186No119.00 Fine Grade Site 3.008/16/248/20/240%14, 15, 16, 33, 181, 185187, 188, 189, 190No0.00 Install Monument Signage (by Owner)3.008/21/248/23/240%33, 186196No7.00 Install Exterior Guardrails 5.008/21/248/27/240%186172No0.00 Install Bike Racks 2.008/21/248/22/240%186197No18.00
Trex Header Board 3.008/21/248/23/240%186191No0.00
Install Site Concrete 3.008/26/248/28/240%190192No0.00
Install Riverstone @ Tree #12.008/29/248/30/240%191194No0.00 Remove AB and Rumble Plates @ Laydown3.002/12/242/14/240%18189, 195No0.00 Amend Soils 2.009/2/249/3/240%192196No0.00
Replace Irrigation & Planting @ Laydown4.002/15/242/20/240%193196, 233No127.00 Landscape Planting 10.009/4/249/17/240%89, 187, 194, 195197No0.00 Start 60 day Warranty Period0.009/18/249/18/240%189, 196248No73.00 Interior 189.001/29/2410/17/240%
1st Floor Frame Interior Walls10.005/14/245/27/240%64, 95, 164201, 202, 204, 208No0.00 Install Stair #2 10.005/14/245/27/240%18, 26, 164214No38.00 Install Backing Rails, Lobby, TA's4.005/28/245/31/240%199209No14.00 Frame 2nd Floor Walls and Shafts10.005/28/246/10/240%199205, 208No0.00 Set CU Unit 1.001/29/241/29/240%125204No85.00
MEPS 1st Floor Walls & Ceilings7.005/28/246/5/240%10, 12, 32, 199, 203205No3.00 MEPS 2nd Floor Walls & Ceilings7.006/11/246/19/240%10, 12, 32, 202, 204206No0.00 Inspect Walls 1.006/20/246/20/240%138, 205209, 210No0.00 Insulate Roof 3.005/14/245/16/240%164210No25.00
Insulate Walls 5.006/11/246/17/240%199, 202209, 210No3.00 Rock 1st Floor 7.006/21/247/1/240%201, 206, 208211, 222No0.00 Rock 2nd Floor 6.006/21/246/28/240%206, 207, 208211, 222No1.00 Screw Inspection 1.007/2/247/2/240%209, 210212, 213No0.00 Tape 1st Floor / Repair Plaster10.007/3/247/16/240%211214, 217No2.00 Tape 2nd Floor Walls / Shafts / Repair Plaster12.007/3/247/18/240%211214, 217, 220No0.00 Prime and Paint Walls 10.007/19/248/1/240%200, 212, 213215, 216, 217, 218, 223, 225, 231No0.00 Install Acoustic Ceiling Grid 5.008/2/248/8/240%214216No0.00 Install Light Fixtures Through Out5.008/9/248/15/240%214, 215244No50.00 163
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VANCE BROWN, INC.2585 E. BAYSHORE ROADPALO ALTO, CA 94303 PALO ALTO HISTORY MUSEUM300 HOMER AVENUEPALO ALTO, CA 94301
CONSTRUCTION PROGRESS UPDATE
September 9, 2023REVISION 6
Item 7
Attachment A - Second Amendment
to Tenant Work Letter
Item 7: Staff Report
Pg.
12 Packet Pg. 57 of 511
Activity Name Duration (Days)Start DateFinish Date% CompletePredecessorsSuccessorsCriticalFree FloatJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2023 2024
JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember CT and QT @ Baths 10.008/2/248/15/240%212, 213, 214224No0.00 Cove Fixtures @ Lobby, Theater, Exhibits10.008/2/248/15/240%214235No15.00 Install new Electrical Main Switch Gear/City Inspection/Energize45.005/13/247/12/240%20220, 227No4.00 Rehabilitate (E) Elevator 50.007/19/249/26/240%19, 213, 219221No0.00 Schedule/Inspect Elevator Installation15.009/27/2410/17/240%220, 231243No0.00 Install (N) Doors and Frames10.007/2/247/15/240%209, 210235No38.00 Install Laminates, Trim 102 and 1036.008/2/248/9/240%214227, 229No0.00 Install (N) Bath & Janitor Partitions, Fixtures4.008/16/248/21/240%217235No11.00 Install Wood Paneling @ 105, 1115.008/2/248/8/240%214226, 227No0.00 Finishes @ Paneling Trim 5.008/9/248/15/240%225227, 230No0.00 Complete Trim Out of MEPS10.008/16/248/29/240%219, 223, 225, 226228, 235No0.00 MEPS Commisioning 5.008/30/249/5/240%227242No5.00
Install Wood Base 1st Flr 5.008/12/248/16/240%223235No14.00 Repair Flexwood & Trim 5.008/16/248/22/240%226234No0.00 Floor Finishes 10.008/2/248/15/240%214221, 232, 233, 243No0.00 Install Wood Base at 2nd Flr5.008/16/248/22/240%231235No10.00 Install Doors and Hardware All Floors15.008/16/249/5/240%195, 231235No0.00 Finishes @ Flexwood Trim 5.008/23/248/29/240%230235No5.00 Paint Final Interior Items & Complete Touch Up5.009/6/249/12/240%218, 222, 224, 227, 229, 232, 233, 234242No0.00 Punchlish/Final Inspection/Substantial Completion165.005/14/2412/30/2434% Removel of Entry Tunnel and Exterior Frescoe/Mural Protection3.009/11/249/13/240%172238, 239, 248No0.00 Touch Up @ Exterior Frescoe/Mural Protection5.009/16/249/20/240%237240No7.00 Refurbish Entrance Arcade Lights (Total of 3)3.009/16/249/18/240%237240No9.00 Exterior Punchlist 10.0010/2/2410/15/240%172, 173, 174, 175, 238, 239248No53.00 Site Punchlist 15.009/11/2410/1/240%172248No63.00
Interior Punchlist 15.009/13/2410/3/240%228, 235248No61.00 State Elevator Inspection IF Required5.0010/18/2410/24/240%221, 231244, 246, 248No0.00 Planning, Fire & Building Inspection Sign Off8.0010/25/2411/5/240%216, 243246, 248No38.00 Weather Delays 10.005/14/245/27/240%164248No154.00
Delay #1 - Mobilization Delays (8 days)8.0011/6/2411/15/24100%243, 244247, 248No0.00 Delay #2 - Builder's Risk Insurance Delay (30 days)30.0011/18/2412/27/24100%246248No0.00 Substantial Completion (December 30, 2024)1.0012/30/2412/30/240%172, 197, 237, 240, 241, 242, 243, 244, 245, 246, 247Yes-0.00 217
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VANCE BROWN, INC.2585 E. BAYSHORE ROADPALO ALTO, CA 94303 PALO ALTO HISTORY MUSEUM300 HOMER AVENUEPALO ALTO, CA 94301
CONSTRUCTION PROGRESS UPDATE
September 9, 2023REVISION 6
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From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Auditor
Meeting Date: November 13, 2023
Report #:2310-2180
TITLE
Approval of proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy
RECOMMENDATION
The Policy and Services Committee and the City Auditor recommend that the City Council approve the proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy.
BACKGROUND
Section 53087.6 of the California Government Code1 authorizes an appointed city auditor to “maintain a whistleblower hotline to receive calls from persons who have information regarding fraud, waste, or abuse by local government employees” after obtaining approval of the City Council prior to establishing the whistleblower hotline. In May 2013, the City Council adopted the “City Employee Fraud, Waste, and Abuse Hotline Administration Policy” (“Hotline Policy”) after an 18-month pilot program to establish an employee-only fraud, waste, and abuse hotline. The revised Hotline Policy was approved by the City Council on June 5, 2017.
During the Policy and Services Committee meeting on October 10, 20232, the council members approved the proposed changes to the Fraud, Waste, and Abuse Hotline Administration Policy after amending the wording of the proposed changes as described in the Analysis section below.
MOTION: Council Member Veenker moved, seconded by Council Member Lauing that the Fraud, Waste, and Abuse Hotline Administration Policy be amended as discussed.
MOTION PASSED: 3-0
1 Section 53087.6 of the California Government Code
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=53087.6&highlight=true&lawCod e=GOV&keyword=53087.6F
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ANALYSIS
The Hotline Policy changes the Office of the City Auditor has proposed and the P&S Committee amended include:
•Revising the alternative members of the Hotline Review Committee (consisting of City Manager, City Attorney, and City Auditor) from “Assistant City Manager and Principal Attorney” to the replacement Committee member who is “selected from a list of 2-3 outside parties, at least one of which is an attorney, with whom the City Council has contracted on call services” to ensure the alternative member’s objectivity when one of the Committee members is alleged to be involved in fraud, waste, or abuse. •Adding a restriction of a Hotline Review Committee member’s access to the City’s internal hotline complaint system if it involves a hotline committee member. oThe Office of the City Auditor will review the system access controls to ensure that they support the reporting process.
•Adding a link to report to the California Fair Political Practices Commission when employees are reporting incidents involving members of the City Council.
FISCAL/RESOURCE IMPACT
City Manager’s Office, City Attorney’s Office, and City Council will potentially incur consultant costs to comply with these revisions, however, it is anticipated these costs can be absorbed within existing resource levels.
STAKEHOLDER ENGAGEMENT
The Office of the City Auditor will work with City Manager and City Attorney to administer the Hotline in accordance with the Hotline Policy.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the Auditor task orders are administrative activities that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Hotline Policy with proposed changes 2023-10-10 APPROVED BY:
Adriane D. McCoy, City Auditor
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Table of Contents
1. Objective ....................................................................................................................... 3
2. Structure ....................................................................................................................... 3
3. Hotline Review Committee ........................................................................................... 3
4. Case Management ........................................................................................................ 3
5. Case Dissemination ....................................................................................................... 4
6. Coordination With Human Resources Regarding Its Advice Line .................................. 5
7. Escalation ...................................................................................................................... 5
8. Reporting ...................................................................................................................... 5
9. Discipline ....................................................................................................................... 5
10. Prohibition Against Retaliation ..................................................................................... 6
11. Terms and Definitions ................................................................................................... 6
12. Security of Incident Reports and Associated Reports, Working Papers, and Other Related Documents....................................................................................................... 6
13. Custody of Investigation Documents ............................................................................ 7
14. Public Requests for Information Regarding All Incident Reports .................................. 7
15. Filing of Malicious Complaints ...................................................................................... 7
16. Advertising the Hotline ................................................................................................. 7 Item 8
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1. Objective
The primary objective of the City of Palo Alto Fraud, Waste, or Abuse Hotline (“hotline”) is to provide an anonymous mechanism for employees to report fraud, waste, or abuse that directly relates to the City of Palo Alto.
City employees who have specific information that other City employees or contractors have engaged in fraud, waste, or abuse are encouraged to report such information through the normal chain of command, which includes their immediate supervisor, manager, department head, Human Resources, and the City Manager’s Office (CMO); or to the Office of the City Auditor. However, there may be certain circumstances where an employee believes it is necessary to remain anonymous or prefers for other reasons to report directly through the hotline. The hotline provides a method whereby employees can choose to remain anonymous when reporting such incidents over the phone to a third- party interviewer or via an anonymous web form. The City believes that anonymity is a last resort and should only be used after other reporting methods have been attempted or when the employee has a reasonable good faith belief that it is necessary. Frivolous anonymous calls can undermine the effectiveness of the hotline. All reports made regarding fraud, waste, or abuse should be made seriously and with due professional care.
2. Structure
The hotline is hosted by an independent, third-party provider (vendor) contracted by the City. The vendor provides the option for callers to provide information over the hotline anonymously. The vendor issues an incident report for each call and submits the incident reports for review and referral. The vendor provides offsite hotline coverage 24/7/365 and live interviewers who obtain the information deemed necessary to verify and process the complaints. This information is then transcribed into an incident report that is housed in the vendor-hosted case management system.
3. Hotline Review Committee
The Hotline Review Committee (“Committee”) is composed of the following members or their designees: the City Auditor, the City Manager, and the City Attorney. The alternative member of the Committee, when an incident report involves the City Manager or the City Attorney, shall be selected from a list of 2-3 outside parties, at least one of which is an attorney, with whom the City Council has contracted on call to serve as the replacement Committee member. The Committee meets as needed to review all activity related to the hotline. The objectives of the Committee are to review all incident reports, determine whether an incident report should be investigated, assign incident reports to the appropriate department unit, or external investigator for investigation, ensure that incident reports that are assigned for investigation are adequately investigated, and address any trends in activity or weaknesses in City policies that require corrective action to be taken. Duplicate reports or reports that do not suggest fraud, waste, or abuse may be closed without further investigation.
4. Case Management
The vendor’s online case management system allows for all hotline reports to be recorded, updated and tracked in one centralized system to ensure that all reports are addressed appropriately and that the outcomes are consistent. All incident reports are maintained in the secured case management system.
The specified department case manager should periodically update the Office of the City Auditor regarding the status of the investigation. The Office of the City Auditor administers the case management Item 8
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system, and updates it to reflect the investigation status and outcomes. User access is limited to the Hotline Review Committee members and the hotline administrator in the Office of the City Auditor. If an incident report involves any of the Committee members, s/he will not have access to the City’s internal hotline complaint system.
5. Case Dissemination
Within 24 hours after entering a call as an incident report and logging it into the case management system, the vendor sends the report electronically to the appropriate contacts at the Office of the City Auditor for preliminary review. The Office of the City Auditor will triage the report to determine if immediate action may be necessary. If immediate action appears necessary, the Office of the City Auditor will contact the Hotline Review Committee, which will decide whether to initiate an investigation. Incident reports requiring immediate action include those involving possible fraud, waste, or abuse by City executives, or other incidents based on the judgment of the Hotline Review Committee.
All other cases will be referred to the Hotline Review Committee to review. These reviews should occur within five business days.
If an incident report involves one or more members of the Hotline Review Committee, those individuals shall be excluded from any decisions or activities related to the review and/or investigation of that incident report. If this occurs, an Assistant City Manager or the Principal the replacement Committee member who is selected from a list of 2-3 outside parties, at least one of which is an attorney, with whom the City Council has contracted on callAttorney either the Chief Assistant City Attorney or (as appropriate under the circumstances) will act as the third alternative member of the Hotline Review Committee to ensure there is appropriate oversight of the review and investigation of the incident report.
Because the members of the Hotline Review Committee are appointed by the City Council, the hotline will not accept incidents involving members of the City Council. Employees reporting these types of complaints will be referred to the California Fair Political Practices Commission (by filing a complaint via Electronic Complaint System available in their web site at https://www.fppc.ca.gov/enforcement/file-a- complaint.html), the District Attorney’s Office, or other appropriate outside agency, depending upon the nature of the complaint.
The Hotline Review Committee will determine the best approach for investigating an incident report and an appropriate timeline for completing the investigation. When the Hotline Review Committee determines that an incident report should be forwarded to a department for investigation, it will be forwarded to the department director, who may investigate it himself or herself, or assign it to another person in the department for investigation. Hotline complaints that allege criminal activity will be forwarded to the Palo Alto Police Department for consideration for investigation in consultation with the Hotline Review Committee. Investigations should include techniques appropriate for the alleged fraud, waste, or abuse, such as interviews with witnesses, technical experts, and the subjects of the investigation; and examination of documents such as files, e- mails, contracts, vouchers, payroll records, and reports.
The director is responsible for keeping the Hotline Review Committee updated regarding the status of the investigation. When the investigation is completed, the director will forward a copy of the completed report to the Hotline Review Committee, which will review the report to determine that the investigative steps were appropriate and that the recommended outcome is sufficiently supported and formally close the incident report. The Hotline Review Committee may decline to investigate complaints Item 8
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that do not fall within the definition of fraud, waste, or abuse, but may refer them to a department for other follow up.
As the hotline administrator, the Office of the City Auditor will be responsible for:
Disseminating incident reports to the appropriate department or external investigator for investigation, as determined by the Hotline Review Committee, and providing the timeline for completing the investigation.
Monitoring the status of all incident reports referred to other departments, units, or an external investigator for investigation and their outcomes. Conducting an independent investigation of reported incidents when appropriate. Monitoring the timeliness of department responses based on timeframes established by the Hotline Review Committee.
Closing incident reports in the case management system after the Hotline Review Committee’s final review.
6. Coordination With Human Resources
The Hotline Review Committee will coordinate with the Human Resources Department to identify the types of issues that are more appropriately categorized as “personnel” issues and should be referred to the Human Resources Department for resolution rather than investigated through the hotline process.
7. Escalation
An incident is designated for escalation if there is an imminent or significant threat of actual harm to employees, customers, or operations. When a report is designated for escalation by the vendor, they shall immediately call the appropriate designated contact(s) provided by the City. Escalation contacts include the members of the Hotline Review Committee and their designees.
8. Reporting
The case management system allows for customized reporting of incidents reported to the hotline. The Office of the City Auditor will provide a summary report of complaints received by the hotline to the City Council in the Office of the City Auditor’s quarterly reports. The summaries will generally include:
• The number of reports made to the hotline and their status (i.e., open or closed). • The general types of complaints received.
• Any trends in the types of complaints received.
• A general description of corrective action taken by City management as a result of a complaint received.
9. Discipline
If an investigation concludes that fraud, waste, or abuse occurred, the City Manager, or designee, shall take appropriate corrective action to resolve the issue and prevent recurrence. Corrective action could include, for example, disciplinary action, training, new or revised procedures, reorganization or reassignments, referrals to outside agencies (such as the District Attorney, Fair Political Practices Commission, or other enforcement agency), or amendment or termination of contracts.
10. Prohibition Against Retaliation
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No department or employee shall take any adverse action or retaliate against any employee for making a report to the hotline (except as provided in “Filing of Malicious Complaints,” below). Additionally, no reprisal shall be taken against any employee who participates in any manner in the investigation and disposition of a hotline incident report.
This Prohibition Against Retaliation is a statement of City policy. It is not intended to and shall not create a private right of action enforceable in state or federal court on behalf of any person, against the City or any employee, for equitable relief or damages.
11. Terms and Definitions
Under California law, the term "fraud, waste, or abuse" means any activity by a local agency or employee that is undertaken in the performance of the employee's official duties, including activities deemed to be outside the scope of his or her employment, that:
Is in violation of any local, state, or federal law or regulation relating to:
o Corruption
o Malfeasance
o Bribery
o Theft of government property
o Fraudulent claims
o Fraud
o Coercion
o Conversion
o Malicious prosecution
o Misuse of government property
o Willful omission to perform duty
Is economically wasteful
Involves gross misconduct
12. Security of Incident Reports and Associated Reports, Working Papers, and Other Related Documents
Incident reports, associated reports, working papers, and other documents referring to or describing incident reports, which are received either through the hotline, by mail, or e-mail shall remain confidential to the extent allowed by law.
Incident reports and associated case numbers shall only be provided to individuals who are responsible and essential for conducting the investigation or reviewing of the incident report.
These individuals are required to hold such information in confidence, to the extent allowed by law.
The confidentiality of all incident reports, associated reports, working papers, and other documents shall be maintained at all times by the City Auditor and investigating/reviewing departments, who shall take such measures as they determine are reasonable and necessary to maintain the confidentiality of such information and documents, to the extent allowed by law. City Staff responsible for reviewing/investigating incident reports can make investigative disclosures of information contained in an incident report to the extent necessary for obtaining additional information relevant to the investigation.
The Hotline Review Committee is authorized to determine the distribution or release of any Item 8
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incident reports, associated reports, working papers, other documents and correspondence associated thereto, in accordance with the California Public Records Act and other applicable law. The City Council may, at their discretion, authorize the release of information relative to substantiated incident reports.
13. Custody of Investigation Documents
The City Auditor shall maintain custody of incident reports, associated reports, working papers, emails, and all other pertinent information regarding any investigations of incident reports. Other parties involved in the investigation shall also retain their own documentation. All such documents shall be retained and or disposed of in accordance with applicable document retention policies of the City.
14. Public Requests for Information Regarding All Incident Reports
All requests for information concerning any incident report shall be directed to the City Auditor for a response. The City Auditor, with the guidance of the Hotline Review Committee, shall respond to such requests as permissible and in accordance with applicable state law and City policy, rules and regulations.
Departments shall notify the City Auditor of any Public Records Act or other requests for information or documents regarding incident reports received through the City Auditor or the hotline.
15. Filing of Malicious Complaints
The City will not tolerate malicious complaints. The processing of a complaint/concern requires staff time and attention regardless of its appropriateness. Complaints/concerns will not be considered malicious merely because they are determined to be unsubstantiated. A malicious complaint/concern is one that is made in bad faith or with knowledge that the complaint entirely lacks any factual basis.
Malicious complaints may result in disciplinary action in accordance with applicable City policies and procedures, up to and including termination from employment.
16. Advertising the Hotline
The Office of the City Auditor will periodically communicate to City staff information regarding the hotline. The communication may be in the form of printed materials, including posters, flyers, and/or wallet cards, or via a citywide email to employees. The Office of the City Auditor should educate employees regarding the types of issues that are appropriate for the hotline and those that should be addressed in another manner, such as through the Human Resources Department.
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: November 13, 2023
Report #:2310-2115
TITLE
Public Hearing: Adoption of Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the Subject Comp Plan and Municipal Code Amendments.
RECOMMENDATION
Staff recommends that Council:
1. Adopt a resolution amending the Palo Alto Comprehensive Plan Land Use Element (Attachment A); and,
2. Adopt an ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) (Attachment B) to implement Program 1.1A and 1.1B of the Housing Element regarding the Adequate Sites Inventory.
EXECUTIVE SUMMARY
Program 1.1 in the recently adopted Housing Element necessitates certain amendments to the Land Use Element of the Comprehensive Plan and Zoning Ordinance. The proposed zoning amendments include a new chapter in Title 18 to consolidate existing and proposed housing incentive programs. Consistent with Program 1.1, the proposed zoning amendments rezone certain Housing Element opportunity sites to modify densities and other development standards that support multifamily housing at capacities identified in the Housing Element.
Program 1.1A also includes higher-density site-specific zoning regulations for Stanford-owned properties along El Camino Real near Page Mill Road, and at Pasteur Drive and Sand Hill Road.
According to Housing Element Law, the rezonings in Program 1.1A to meet the RHNA must be completed within one year of the required Housing Element adoption date (i.e., by January 31, 2024). According to the adopted Housing Element, the City is also committed to completing Program 1.1B (GM and ROLM rezonings) by January 2024.
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Attachment B represents amendments to Title 18 in the form of a new chapter, 18.14: Housing Incentives and revisions to base district regulations throughout Title 18. Changes include rezonings to allow multifamily housing as a permitted use, increases in residential density/FAR, and modifications to other development standards, as specified in the Housing Element to meet the RHNA and sites inventory estimates. These proposed amendments necessitate changes to base district regulations in existing zoning chapters (18.12, 18.13, 18.16, 18.18,
18.20, and 18.28); these changes are shown in underline/strikeout.
Additionally, the report and ordinance suggest expanding the policy recommendation for Program 1.1A to extend proposed rezoning on El Camino Real to create an expanded Focus Area on El Camino Real between Page Mill Road and Matadero Avenue. These proposed changes would be formalized during the next revision to the Housing Element but are being advanced as part of these zoning amendments given the January 31, 2024 deadline.
For expediency, to meet the state-mandated timeline for adoption, the proposed housing Focus Area on El Camino Real does not include additional sites either further south or on the east side of El Camino Real as was commented upon at the October 4, 2023 Council study session meeting. Council may direct further study in this regard if there is interest to do so.
BACKGROUND
Housing Element Adoption & HCD Review
On May 8, 2023, the City Council adopted the 2023-2031 Housing Element. The Element aims to implement State Housing Element law, including meeting the RHNA and fulfilling AFFH objectives. More information about the Housing Element can be found at the project website:
www.paloaltohousingelement.com.
The City sent the adopted Housing Element to HCD for review on June 7, 2023. On August 3, 2023, the City received a comment letter from HCD requesting modifications to the Housing Element prior to HCD certification. In particular, members of the public and HCD have called for additional analysis of the Sites Inventory to ensure and demonstrate that sites are viable for redevelopment during the 8-year planning cycle, including that existing uses are likely to cease.
To address these comments, City staff and the Housing Element consultant are exploring changes to the Sites Inventory, including adding sites to the inventory and increasing densities.
Given the deadline for this rezoning effort, City staff are daylighting these proposed changes as part of the Program 1.1 rezoning task. The next version of the Housing Element will formalize updates to the Sites Inventory, Program 1.1, and additional analysis to demonstrate viability of these sites. The PTC can expect to review the revised Element before the end of the year.
Housing Element Program 1.1
Program 1.1 represents the City’s rezoning program to meet the "Adequate Sites Inventory” Item 9
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required under State law and is excerpted below. This program necessitates amendments to the Zoning Ordinance to modify density and other development standards.
These rezonings must accommodate multifamily housing at the capacity levels prescribed in the Housing Element. In summary, Program 1.1 requires the following zoning amendments on Housing Element opportunity sites:
•Rezoning opportunity sites in the R-1, ROLM, RP, GM, and PF districts to allow multiple- family housing as a permitted use;
•Up-zoning opportunity sites to increase residential densities and/or FARs, including on Stanford Lands;
•Modifications to other development standards on opportunity sites to ensure that development is feasible at current and planned densities (e.g., landscape coverage); and,
•Statutory requirements that residential uses occupy at least 50 percent of the total floor area of a mixed-use project on an opportunity site
Program 1.1 calls for specific zoning regulations for three Stanford University-owned properties. On these sites, the Housing Element inventory targeted specific unit counts and called for higher FAR and taller height limits in order to fulfill those targets (see excerpt from the Housing Element Program 1.1A in Figure 1). As noted above, the geographic reach of Program 1.1 is proposed for expansion on El Camino Real to create a targeted Focus Area for rezoning.
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Planning & Transportation Commission Review
The PTC held a study session on September 13, 20231,2 to review the draft Comprehensive Plan and Zoning Ordinance amendments. Based on the PTC’s feedback, City staff and consultants revised the draft Zoning Ordinance. On October 11, 20233 the PTC reviewed the revised ordinance and made a recommendation to the City Council to approve the Comprehensive Plan and Zoning Ordinance amendments.
The PTC generally supported the staff comprehensive plan and zoning ordinance recommendations making a few discrete motions that resulted in the following additional recommendations:
•For the El Camino Real Housing Focus Area, require a 20-foot setback adjacent to the R- 1 zoning district and extend the height transition zone to 35’ height within 100 feet of the R-1 property line and 45’ height between 100’ and 150’, (5-1, Hechtman). oNOTE: The attached ordinance has been updated to reflect the PTC recommendation, however, a representative of the Creekside Inn site noted concerns about doubling the existing ten foot setback and the modification to the transitional height. Staff continues to support a transitional height that would allow buildings to reach 35 feet in height within 75 feet of an R-1 zoned property and 45 feet between 75 and 150 feet from the R-1 zoned property, while also maintaining a ten foot setback. If the Council concurs with staff’s perspective, a modification to the attached ordinance would be required. •Modify a state-mandated requirement in new Chapter 18.14 (Housing Incentives) to increase the minimum residential floor area requirement from 50% to 65% for mixed use projects on opportunity sites identified as meeting lower income households, (4-3, Hechtman, Lu, Templeton).
oNOTE: The attached ordinance has been updated to reflect the PTC recommendation with a slight adjustment changing 65% to two-thirds (66%) to be consistent with the threshold used for housing accountability projects; the PTC recommendation and its slight staff adjustment do not conflict with state law. Notwithstanding this change to the ordinance. The PTC argument in favor of the change is that these are sites where we are anticipating housing and by increasing the threshold that focus is reinforced and, if developed, may have reduce the jobs/housing imbalance. An argument against the change is that 1 PTC staff report, dated September 13, 2023: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/agendas-minutes/planning-and-transportation-commission/2023/ptc-09.13-Study-Session.pdf. 2 PTC summary meeting minutes, dated September 13, 2023:
https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/agendas-minutes/planning-and- transportation-commission/2023/ptc-9.13.2023-summary-2.pdf. 3 PTC staff report, dated October 11, 2023: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas- minutes-reports/agendas-minutes/planning-and-transportation-commission/2023/ptc-10.11-title-18- amendments.pdf.
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commercial floor area can be used to fund housing projects and the higher threshold may discourage a property owner from redeveloping an existing commercial site toward housing. Staff does not have a strong opinion about this modification but generally supports retention of the state-established 50% residential floor area threshold. To restore the 50% threshold, a change to the attached ordinance would be required.
•The PTC requested staff to research minimum density standards to discourage townhome development within the GM and ROLM zoning districts in favor of higher density apartment buildings (4-3, Summa, Lu, Templeton). oNOTE: Staff previously increased the minimum density for these sites from 20 to
25. Based on the PTC’s feedback, staff has adjusted the minimum density standard to 40, to address this concern.
•The PTC expressed concern about the potential loss of property tax revenues for Stanford-owned properties if developed for affiliate housing and lost revenues are not accounted through some other funding mechanism to support impacts on the City, school district and other services (5-1, Hechtman).
oNOTE: This request requires more analysis than can be accommodated within the timeline to complete these amendments, however, staff has modified the attached ordinance to prohibit Stanford affiliate housing on the housing opportunity sites adjacent to El Camino Real. The Pasteur site was previously identified in the adopted Housing Element as designated for affiliate housing.
Accordingly, there is no restriction in the attached ordinance about affiliate housing for that location.
There were other non-substantive refinements to the ordinance requested by the PTC that were incorporated into the attached ordinance.
City Council Review
On October 4, 2023, the City Council received a preview of the draft ordinance, in particular to review the idea of a Focus Area on El Camino Real between Page Mill Road and Matadero Avenue, where higher densities and heights could be achieved.
The Council had little time to consider to the staff report, which was released shortly before the meeting but there were some initial comments expressed by more than one councilmember including:
•Support for creek protection at the Creekside Inn site; •Interest in careful site planning at adjacencies to the R-1 zoning district; •Concern about a potential lack of property tax revenue at Stanford affiliate housing; •Desire for transportation demand management measures and bicycle parking requirements to balance the proposed reduction in minimum parking requirements; and Item 9
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•Interest in extending the development standards proposed in the El Camino Real Focus Area to the opposite side of the street.
Regarding the last two comments, staff appreciates there may be an opportunity to extend the El Camino Real Housing Focus Area south and potentially to the east side of the street. Staff has even been approached by interested property owners since the Council’s study session.
However, given the state-mandated timeline to complete the subject zoning amendments by January 31, 2024, staff recommends completing the attached ordinance and, if there is Council interest, provide direction to staff to revisit further expansions of the Focus Area after certification of the Housing Element. Moreover, staff anticipates bringing the North Ventura Coordinated Area Plan to Council for final adoption in spring next year. Changes to direction already received would further delay that work, cost more money to pay for plan revisions and may require the City to repay the grant money received for NVCAP project.
The interest in transportation demand management measures is also a distinct effort to codify specific standards that balance the reduction in parking requirements for these Focus Area sites. However, staff has included in the attached ordinance, subsequent to the PTC’s review, a requirement for a transportation demand management plan if Focus Area sites are developed with less parking than would typically be required by the municipal code (outside of the Focus Area). As an initial step, until a more specific program can be presented to the PTC and Council, staff has included a requirement for free transit passes for residents, when parking is reduced by 50% or more (compared to otherwise applicable citywide parking requirements) and a provision for 20% of the required bicycle parking spaces to have outlets appropriately spaced for e-bike charging.
The City Council will have an opportunity to direct staff to focus on these two initiatives when it has its priority setting discussion and reviews Council objectives for the next fiscal year.
ANALYSIS
Comprehensive Plan Amendments
The recently adopted Housing Element of the Palo Alto Comprehensive Plan identifies planned changes to uses and densities which must be updated in the Land Use Element of the Comprehensive Plan to ensure consistency within the Comprehensive Plan and between the Comprehensive Plan and proposed zoning. Attachment A annotates proposed amendments to the Land Use Element of the Comprehensive Plan to update FAR ranges and allow multi-family uses, consistent with the Housing Element and proposed changes to the Zoning Ordinance.
Zoning Ordinance Amendments
The rezonings in Program 1.1A to meet the RHNA must be completed within one year of the required Housing Element adoption date (i.e., by January 31, 2024). According to the adopted Housing Element, the City is also committed to completing Program 1.1B (GM and ROLM rezonings) by January 31, 2024. Attachment B aims to codify Program 1.1A and 1.1B in the Zoning Ordinance. It also consolidates a range of housing programs that will support Item 9
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implementation of the Housing Element into a single chapter. Basic contents of the ordinance are described below.
Section 18.14.020: Housing Opportunity Sites
This section modifies base district development standards on Housing Element opportunity sites. Regulations for these sites are those specified in the base district regulations, except as modified by this proposed chapter. In zones that regulate residential density, primarily the RM zones, these modifications increase maximum residential density limits consistent with Appendix D of the Housing Element (Attachment C). All zoning districts regulate FAR, so amendments also modify FAR limits.
This section also modifies other development standards that were identified as constraints to development in Chapter 4 of the Housing Element (see excerpt in Attachment D). For most districts, this includes modifications to the landscape coverage standard which generally requires landscape planting on the ground-floor. As stated in the adopted Housing Element, despite the well-meaning value of enabling trees, shrubs and groundcover, this often represents a constraint to development by shrinking the building footprint. Therefore, proposed modifications to this standard allow it to be met above the ground-floor, permitting a larger building footprint, while still enabling planted areas for residents.
In the employment districts (i.e., ROLM, GM, RP), the Housing Element specifies much higher densities compared to what the existing base district regulations allow. As a result, the Housing Element identified additional standards that would represent constraints to development (see Attachment D excerpt) at higher densities. The zoning amendments therefore modify standards for lot coverage, parking, and building height, in addition to increasing FAR and reducing landscape coverage requirements.
Finally, this subsection includes site specific zoning regulations including Program 1.1A standards for Stanford-owned properties as well as a proposed idea for an El Camino Real Focus Area. These specific locations are discussed further below.
Section 18.14.030: Housing Incentive Program (HIP)
This section is a placeholder location to consolidate regulations pursuant to the existing HIP and amendments proposed as part of Program 3.4 of the Housing Element. This ordinance does not include changes to the HIP at this time.
Section 18.14.040: Affordable Housing Incentive Program (AHIP) This section is a placeholder location to relocate existing 18.32 AHIP regulations into this consolidated chapter of housing incentives. This ordinance does not include amendments to this program at this time.
Base Districts
The ordinance amends several of the base zoning districts for two main purposes:
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1. To allow multifamily as a permitted use on Housing Element opportunity sites, where otherwise not allowed; and
2. To provide a cross-reference to modified development standards for opportunity sites in the new Section 18.14.040.
Proposed Development Standards for Opportunity Sites and Focus Areas Table 1 and Table 2 summarizes proposed changes to the standards for density, intensity, and landscape coverage in the residential and commercial mixed-use districts, and mixed use employment districts, respectively. In terms of FAR, as a baseline, the draft ordinance allows at least 1.25:1 FAR, which generally accommodates three stories of development with fairly low lot coverages of 45%. Notably, 1.25:1 FAR is currently the minimum standard required under State law for small projects with 8-10 units and is codified accordingly in the City’s RM districts.
From this baseline, FARs range up to 2:1 in Downtown (CD-C) and 2.5:1 in the GM/ROLM areas shown in the West Bayshore area (see Figure 1 below). Maximum density standards, if they are proposed for change at all, are as specified in the Housing Element.
Landscape coverage is revised for most zoning district, as stated in Chapter 4 of the Housing Element (Attachment D). The draft ordinance generally does not propose to change the landscape coverage requirement (e.g., 20% or 30%). Instead, the draft ordinance allows more flexibility regarding where the requirement can be met—not just at the ground-level, but on above-grade on courtyard or rooftop (if permitted by the district). In the GM and ROLM zones and Focus Area, the draft ordinance proposes two changes that would have opposite effects:
first, to add a landscape coverage requirement for the GM, where one currently does not exist, and second to modestly reduce the requirement in the ROLM zone, from 30% to 20%.
Table 1: Existing vs. Proposed Development Standards for Opportunity Sites, by Residential and Mixed-Use Zoning Districts
Maximum FAR
Maximum
Site/Landscape
Coverage
Maximum Density
(du/ac)
Zoning Existing Proposed Existing Proposed Existing Proposed CC(2)
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.6 (other)
Total: 2.0
Residential:
1.5 Total: 2.0 20%
above the
ground-
floor None None
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CC
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.15 (other)
Total: 1.0
Residential:
1.25 Total: 1.25 30%
above the
ground-
floor None None
CS (El Camino
Real) None None
CS (Other)
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.6 (other)
Total: 1.0
Residential:
1.25 Total: 1.25
30%
above the
ground-
floor 30 30-40
CN (El Camino
Real)
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.5 (other)
Total: 1.0-1.25 None None
CN (Other)
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.5 (other)
Total: 0.9-1.25
Residential:
1.25 Total: 1.25
35%
30%
above the
ground-
floor 15-20 30-40
CD-C
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
1.0 (other)
Total: 2.0 (3.0 w/
TDR)
Residential:
2.0 Total: 2.0
(3.0 w/ TDR) 20%
above the
ground-
floor None None
CD-N
Residential
1.25 (8-10 units)
1.0 (3-7 units) 1.5 35%
above the
ground-
floor 50 50
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0.5 (other)
Total: 0.9-1.25 (2.0
w/TDR)
RM-40
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
1.0 (other) 1.5 20%
above the
ground-
floor 40 40-50
RM-30
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.6 (other) 1.25 30%
above the
ground-
floor 30 30-50
RM-20
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.5 (other) 1.25 35% No change 20 20-50
RP
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.5 (other)
Total: 0.5-1.25 1.25 35% No change 20-30 None
PF (California
Ave.)
See CC(2)
standards
above
See CC(2)
standards
above
See CC(2)
standards
above
PF
(Downtown)
None
See CD(C)
standards
above
None
See CD(C)
standards
above
None
See CD(C)
standards
above
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Figure 1: GM/ROLM Housing Element Focus Area
The higher densities approved for the GM and ROLM employment districts necessitate other modifications to development standards. These are specified in the Housing Element excerpt in Attachment D and proposed to be codified as shown in Table 2. This results in taller height limits, increased lot coverage and landscape coverage requirements, and reduced parking requirements, in addition to changes to FAR limits. Table 2 distinguishes between three tiers of standards for these zones: (1) the highest proposed densities within the GM/ROLM Focus Area, (2) moderate proposed densities for other GM/ROLM Housing Element opportunity sites outside the Focus Area; and (3) existing densities which will remain for other GM/ROLM sites that do not fall under either of the first two categories.
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Table 2: Existing vs. Proposed Development Standards for Opportunity Sites and Focus Areas (GM and ROLM Districts)
Zoning Maximum FAR
Maximum
Landscape
Coverage
Maximum
Lot
Coverage
Min.
Density
(du/ac)
Maximum
Density
(du/ac)
Max.
Height Min. Parking
Ratios
GM
Residential: N/A
Total: 0.5 None None None None 50 N/AE
X
I
S
T
I
N
G
ROLM
Residential:
1.25 (8-10 units)
1.0 (3-7 units)
0.6 (other)
Total: 1.0-1.25 30% 40% 16 30 35
1 per
studio/1-
bed; 2.0 per
2+ bed
GM
(Focus
Area) 2.5
20% above
the ground-
floor 70% 40
None; 90
anticipated 60
1 per
studio/1-
bed; 1.5
per 2+ bed
GM
(Other
Opp
Site) 1.5
30% above
the ground-
floor 70% 25
None; See
HE
Appendix D
for
anticipated
densities
No
change No change
ROLM
(Focus
Area) 2.5
20% above
the ground-
floor 70% 40
None; 90
anticipated 60
1 per
studio/1-
bed; 1.5
per 2+ bed
P
R
O
P
O
S
E
D
ROLM
(Other
Opp
Site) 1.5
above the
ground-
floor 70% 25
None; 50
anticipated 45 No change
Notably, raising the “base” density standards for these sites will have implications for the use of State Density Bonus Law. It would effectively raise the “floor” upon which density bonuses are calculated. This would generate more below- market rate housing units within a State Density Item 9
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Bonus Law-compliant project, but would also allow additional density bonus, which could result in taller and larger buildings than are currently permitted by the Zoning Ordinance.
El Camino Real & Page Mill Focus Area
The draft ordinance proposes higher density standards for a specific segment of El Camino Real to create a housing Focus Area between Page Mill Road and Matadero Avenue, as shown in Figure 2. Program 1.1A already identified three sites on this segment higher density development standards; this proposal extends the geographic reach. The North Ventura Coordination Area Plan process is devising standards for the opposite side of El Camino Real, so no changes to the east side of the corridor are proposed as part of this process.
Figure 2: El Camino Real Focus Area
There are several reasons for this expanded proposal:
1.Neighborhood Context & Services: This location has excellent access to services, shopping, California Avenue, jobs, Stanford, and transit. It is also primary Item 9
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surrounding by commercial uses, with only one interface with a lower density residential neighborhood with 1- and 2-story homes at Matadero Avenue. The proposed development standards aim to mitigate this adjacency through required height transitions and daylight planes. At Palo Alto Square, there already exists taller buildings than what are proposed here, with two ~140-foot tall office buildings already located near the Page Mill Road intersection.
2.Community & Decision-Maker Input. Second, and in part for the aforementioned reasons, the Housing Element Working Group, City Council Housing Ad Hoc Committee, and the Planning & Transportation Commission have previously discussed creating a cohesive plan for this area as part of the Housing Element.
3.Motivated Property Owners: Over the past several months, four separate property owners/lessees along this corridor have expressed interest in residential or mixed- use development or submitted preliminary or formal planning applications. In the case of the applications, project proposals have included density bonuses under State Density Bonus law that far exceed base district regulations due to requests for waivers and concessions (see images below.)
Proposal for 3150 El Camino Real: 380 units, 84 feet, 4.1 FAR
Proposal for 3400 El Camino Real: 185 units, 75 feet, 1.9 FAR The owner of Palo Alto Square, the largest site at the corner of Page Mill Rd., has expressed interest in adding housing to some of the existing parking pads but has not filed any Item 9
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applications. Because Palo Alto Square is subject to a Planned Community zone ordinance, an amendment to that ordinance would be required to allow multifamily housing at these densities. This would also provide the City with an opportunity to weigh on site planning, access, drive aisles, etc. Although conceptually, this site is an integral part of the Focus Area concept, it is not included in the City’s Sites Inventory at this time. Note that the Parmani Hotel is included in the proposed rezoning but has not expressed interest in redevelopment into housing.
Draft Standards
The draft ordinance proposes a series of standards that would modify base district regulations on the Stanford sites and the El Camino Real Focus Area. Notably, these regulations are optional to the base district regulations and provided as an alternative to State Density Bonus Law. In other words, developers could choose whether to propose a Density Bonus project relying on base district regulations or to use these higher standards in lieu of State law. These standards are shown in Table 3.
To balance the reduction in parking requirements at these sites, the City can create objective transportation demand management measures. For example, these could include:
•A requirement to provide free transit passes for residents at these sites •A minimum % requirement for large at-grade bicycle parking spaces to accommodate cargo bikes, trailers, and heavier e-bikes
•A minimum % requirement for bicycle parking spaces that have outlets for e-bike charging
As noted above, the attached ordinance contains some of these provisions, with the expectation that a future ordinance could adopt a more fully developed program.
Table 3 Site-Specific Development Standards for El Camino Real Focus Area Location El Camino Real Focus Area (Figure 2)
Minimum Setbacks See base district regulations
For sites with a property line abutting a low density
residential district (RE, R2, RMD) or R1 single family
residential district: 20 feet
Maximum FAR 4.0 (Total)
Maximum Site/Landscape Coverage Allowed above the ground-floor Maximum Lot Coverage 70%
Maximum Density (du/ac) None
Maximum Height 85
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Daylight Plane See base district regulations for standards for daylight planes
Height Transitions Within 100 ft of a low density residential district (RE, R2, RMD) or R1 single family residential district
property line: 35 ft.
Between 100 and 150 ft a low density residential
district (RE, R2, RMD) or R1 single family residential
district property line: 45 ft.
Upper Story Step Back El Camino Real frontage: maximum height of 55 feet within 20 feet of the El Camino Real property
line
Open Space 100 sq. ft/unit (any combination of common
and/or private)
Minimum Residential Parking 1 space/unit
(Per AB2097: 0 space/unit within ½ mile of
Caltrain)
Other Development Standards See base district regulations Design Criteria/Standards Architectural Review and compliance with either Objective Design Standards pursuant to Chapter
18.24 or Context-Based Design Criteria pursuant to
base district regulations.
Other Proposed Regulations and Potential Impacts Related to the Focus Area Architectural Review. Projects in the Focus Area would be required to go through Architectural Review (2 to 3 hearings with the Architectural Review Board) and would need to meet either the Objective Design Standards or Context-Based Design Criteria. 20% Inclusionary Requirement. The City typically requires that projects set-aside 15% of units for below-market rate housing at moderate income levels. Rental projects are permitted to pay a fee in lieu of this requirement. However, to take advantage of these standards in the Focus Area, developers would need to provide 20% below-market rate housing at up to 80% AMI and would not have the opportunity to pay a fee in-lieu. (The Pasteur Dr. Site is an exception and may pay the in-lieu fee payment, since it is intended for Stanford affiliates.) As a result of this draft regulation, the Focus Area could achieve more below-market rate units within mixed income developments. However, at least one developer has suggested that a 20% BMR requirement at 80% of AMI is challenging.
Potential Development. Importantly, not all sites can achieve the standards identified in the draft ordinance. In particular, the Creekside Inn site at 3400 El Camino Real is constrained by Item 9
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the creek, required creek setbacks, hotel buildings to be retained, and by the height transition requirements where the site abuts an R-1 zoning district. Similarly, the 3300 El Camino Real site has an approved entitlement for an office project, at 0.4 FAR, and a no-build PG&E easement that constrains a significant portion of the site. Notably, due to these constraints, the next iteration of the Housing Element will reduce the Sites Inventory’s realistic capacity for this site from 200 units to approximately 100 units.
Palo Alto Square has high-density office buildings and uses proposed to remain and therefore any new residential floor area would be additive. The 3150 El Camino Real site is the least constrained, since it anticipates complete redevelopment, and is therefore the most likely to utilize the maximum standards achievable. To create consistency between these sites and simplify implementation in the code for City staff and decision-makers, a consistent set of standards is applied across the Focus Area.
The two projects that have submitted formal applications to the City propose standards in line what is being proposed here; these applications total approximately 560 units. Taking a proactive approach to rezoning allows the City to set standards that are in line with market demands, but that establish the City’s priorities (e.g., stepbacks, height transitions, on-site affordable housing, Architectural Review, etc.) rather than allow waivers and concessions under State law to drive architectural design. If the City did not move forward with this Focus Area concept, it would need to remove these sites from the Sites Inventory and find alternate sites that could accommodate lower-income households.
Traffic Operations. In addition to an analysis of potential vehicle miles traveled (VMT) impacts under CEQA (see discussion below), the City will also need to analyze operational traffic impacts. This will include traditional level of service (LOS) analysis, which would describe any necessary improvements such as signal timing or signal warrants.
Precedential effect. It should be noted that this proposed concept is likely not replicable in many other parts of the city. As noted at the outset of this section, this particular segment of El Camino Real is well suited for higher density development based on existing services, transit access, height context, and lack of sensitive adjacent uses.
Pasteur Drive & Sand Hill Road Property
Separate from Stanford’s El Camino Real properties, Program 1.1A of the Housing Element also calls for site-specific standards for Pasteur Drive at Sand Hill Road (see Figure 3). This property is proposed to have similar standards as the El Camino Real Focus Area, but different authorizing regulations givens the population served and context of the site.
As required by Senate Bill (SB) 330, a project at this site is required to replace the existing 150 units at Welch Road Apartments. Housing Element Program 1.1 envisions approximately 450 units for the site.
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This site context is central to Stanford campus, primarily the medical school. There are no abutting residential neighbors that are not affiliated with the university. The housing would only be occupied by Stanford affiliates, including medical school residents, faculty, staff, and postdoctoral fellows. The City Council and Planning & Transportation Commission have expressed concerns about how this could prevent the project site from paying property taxes that would fund school district and other city and county services. Notably, the existing Welch Road apartments are already limited to Stanford affiliates. As previously noted, the adopted Housing Element identifies this site for affiliate housing and, therefore, no restrictions are proposed in the attached ordinance for this site. Other Stanford-owned housing opportunities are required to be made available to the general public.
Figure 3: Pasteur Dr. & Sand Hill Rd. (Welch Rd. Apartments and Construction Yard) At this property, a development project would be able to pay the affordable housing fee in-lieu of providing on-site below-market rate housing. The City can leverage these funds to build stand-alone affordable housing projects elsewhere in the city. Moreover, Stanford’s policy is to rent to affiliates at rates that are discounted from the market to assist with affordability— typically this represents a 20% reduction.
A project on the Pasteur Drive site would need to meet Objective Design Standards, with modifications proposed in the draft ordinance, and therefore could be eligible for Streamlined Review. Proposed development standards are shown in Table 4.
Table 4: Pasteur Drive & Welch Road Site-Specific Development Standards Location Pasteur Dr. & 1100 Welch Rd. (Figure 3)
Minimum Front Setback 15 feet
Maximum FAR 3.5 (Total)
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Maximum Site/Landscape
Coverage
Allowed above the ground-floor
Maximum Lot Coverage 60%
Maximum Density (du/ac) None
Maximum Height 85
Daylight Plane Sand Hill Rd. frontage only: initial height 60 feet above grade at the Sand Hill Rd. setback line and a
45-degree angle
Height Transitions n/a
Upper Story Step Back None
Open Space 100 sq. ft/unit (any combination of common and/or private)
Minimum Residential Parking 0.5 spaces/unit
Other Development Standards See base district regulations: 18.13.040 Design Criteria/Standards Compliance with Objective Design Standards pursuant to Chapter 18.24
FISCAL/RESOURCE IMPACT
The recommendation in this report does not have any significant fiscal impacts that cannot be absorbed by the City’s department budget allocations.
STAKEHOLDER ENGAGEMENT
Preparation of the Housing Element included a range of community outreach methods, including surveys, Working Group meetings, community workshops, and public hearings.
Hundreds of community members have participated in the Housing Element update over the course of the project. To announce the release of the Public Review draft, an email blast was sent to over 400 recipients with information about the Public Review draft release.
Meetings included a November 16, 2022 Community Meeting, a November 28, 2022 joint City Council/PTC meeting, a March 8, 2023 PTC hearing, and the May 8, 2023 joint City Council/PTC hearing. The City’s Housing Element website, www.paloaltohousingelement.com, serves as the library for draft and final documents, past and upcoming meetings.
ENVIRONMENTAL REVIEW
Consultants prepared an Addendum to the Comprehensive Plan Environmental Impact Report (EIR) to analyze the potential environmental impacts of the 2023-2031 Draft Housing Element.
This includes the implementation of Program 1.1 and the associated increase in housing Item 9
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production including and beyond what was projected by the RHNA and Housing Element sites inventory.
The City Council considered a previous version of this Addendum before adopting the Housing Element in June 2023. The revised Addendum analyzes modifications to the Adopted Housing Element’s Sites Inventory, which includes additional site locations and unit yields. It also analyzes the expanded Program 1.1 rezoning (i.e., the El Camino Real Focus Area). The revised Addendum demonstrates similar findings and no new impacts compared to the previous Addendum.
ATTACHMENTS
Attachment A: Amendments to the Land Use Element of the Comprehensive Plan Attachment B: Ordinance Adopting Amendments to Title 18 to Implement Housing Element Program 1.1
Attachment C: Housing Element Program 1.1: Adequate Sites Inventory Attachment D: Excerpt from Chapter 4 of the Adopted Housing Element (Site Tests) Attachment E: Addendum to the Comprehensive Plan EIR (November 2023) APPROVED BY:
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2 LAN D U SE AND
CO MMUN ITY DESIG N
VISION: Palo Alto’s land use decisions shall balance our future growth needs with the preservation of our neighborhoods, address climate protection priorities through sustainable development near neighborhood services and enhance the
quality of life of all neighborhoods.
L.
INTRODUCTION
The Land Use and Community Design Element sets the foundation for future preservation, growth and change in Palo Alto and serves as the blueprint for the development of public and private property in the city. It includes policies and programs intended to balance natural resources with future community needs in a way that makes optimal use of available land, to create attractive buildings and public spaces that reinforce Palo Alto’s sense of place and community, to preserve and enhance quality of life in Palo Alto neighborhoods, to support thriving commercial areas that meet the needs of local residents, and to maintain Palo Alto's role in the success of the surrounding region.
This Element meets the State-mandated requirements for a Land Use Element. It defines categories for the location and type of public and privates uses of land under the City's jurisdiction; it recommends standards for population density and building intensity on land covered by the Comprehensive Plan; and it includes a Land Use Map (Map L-6) and Goals, Policies and Programs to guide land use distribution in the city. By satisfying these requirements, the Land Use and Community Design Element lays out the basic guidelines and standards upon which all of the other Comprehensive Plan elements rely and build. Other elements of the Plan correspond with the land use categories and policy direction contained in this Element, while providing more specialized guidance focused on particular topics, such as transportation or conservation.
11 Item 9
Attachment A -
Amendments to the Land
Use Element of the
Comprehensive Plan
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P A L O A L T O C O M P R E H E N S I V E P L A N
L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T
CONNECTIONS TO OTHER ELEMENTS
The Land Use and Community Design Element is replete with direct connections to all of the other elements of the Comprehensive Plan. Its guidance for land uses is strongly linked to the Housing Element’s prescriptions for residential development, even though the Housing Element is cyclically updated on a separate State- mandated timetable. The inextricable tie between land use and transportation is clearly apparent both in this Element and the Transportation Element, as the co- location of land uses significantly affects the ability of transit, walking and biking to replace vehicle travel, in addition to capitalizing on the presence of rail service in Palo Alto. The success of programs in the Natural Environment and Safety Elements are largely dependent on land uses decisions that protect the environment as well as people and property. The Land Use Element dovetails with both the quality of life initiatives in the Community Services and Facilities Element, and the prosperity objectives of the Business and Economics Element.
PLANNING CONTEXT
NATURAL ENVIRONMENT
With a backdrop sweeping from forested hills to the Bay, Palo Alto is framed by natural beauty. Views of the foothills contribute a sense of enclosure and a reminder of the close proximity of open space and nature. Views of the baylands provide a strong connection to the marine environment and the East Bay hills. Together with the city’s marshland, salt ponds, sloughs, creeks and riparian corridors, these natural resources, clearly visible in the aerial photograph in Map L-1, are a major defining feature of Palo Alto’s character.
Preserving the city’s attractive and valuable natural features is important for a number of reasons. Ecologically, these areas provide key habitat for wildlife, create a buffer from developed areas and act as a natural filtration system for storm water runoff. For the community, they represent an important facet of the look and feel of Palo Alto, contributing to a sense of place both through direct public access to natural areas and the views that establish Palo Alto’s local scenic routes. 12 Item 9
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L A N D U S E
S A N
F R A N C I S C O
B A YRedwood City
East Palo Alto
Atherton
£ ¤
101Menlo Park
Stanford
University
PALO
ALTO
§ ¨ ¦280
Stanford
Lands
Mountain View
Los AltosLos Altos Hills
· | } þ
85 § ¨ ¦280
Sunnyvale
Railroads
City Boundary
Sphere of Influence,
0 1 2 Miles
Source: City of Palo Alto, 2013; ESRI, 2016; PlaceWorks, 2016.
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REGIONAL PLANNING
Palo Alto cooperates with numerous regional partners on a range of issues of common interest. Regional planning partners include the California Department of Transportation (Caltrans) and other State agencies, Metropolitan Transportation Commission and Association of Bay Area Governments, Santa Clara Valley Transportation Authority, San Mateo County Transit District, Santa Clara County, San Mateo County and neighboring cities. The City of Palo Alto works together with the cities of East Palo Alto and Menlo Park on a variety of shared programs relating to economic development, social services, education, public safety and housing.
Palo Alto also works with Mountain View, Los Altos and Los Altos Hills on joint ventures such as fire protection and water quality control. In addition, Palo Alto elected officials and staff participate in numerous countywide and regional planning efforts, including via both advisory and decision-making boards and commissions.
Palo Alto also maintains a strong relationship with Stanford University. Although the campus lies outside of the city limits, as shown in Map L-2, important Stanford- owned lands are within Palo Alto, including Stanford Shopping Center, Stanford Research Park and the Stanford University Medical Center. The City, Santa Clara County and Stanford maintain an inter-jurisdictional agreement regarding development on unincorporated Stanford lands and collaborate on selected land use and transportation projects.
CITY EVOLUTION
EARLY HISTORY
There is evidence in the archaeological record of people living along San Francisquito Creek as far back as 4000 BC, and the first widely recognized inhabitants are the Costanoan people starting in about 1500 BC. The Costanoan are Ohlone- speaking Native Americans who lived near the water from San Francisco Bay to Carmel. Costanoan and earlier artifacts have been identified in the city, particularly along the banks of San Francisquito Creek. Preservation of these resources is a high priority for the City and essential to defining the character of the community. 14 Item 9
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S A N
F R A N C I S C O
B A YRedwood City
East Palo Alto
Atherton
£ ¤
101Menlo Park
Stanford
University
§ ¨ ¦280
Stanford
Lands
Mountain View
^ _
Los AltosLos Altos Hills
· | þ }
85 § ¨ ¦280
Sunnyvale
City Limit
Sphere of Influence
Stanford Academic Growth Boundary
Railroads
^ _Potential Future School Site
Stanford University Land Use Designations
Academic Campus
Campus Residential - Low Density
Campus Residential - Moderate Density
Open Space and Field Research
Campus Open Space
Special Conservation
Lake/Reservoir
Urban Service Boundary
|! Caltrain Stations0 1 2 Miles
Source: City of Palo Alto, 2013; USGS, 2010; NHD 2013; ESRI, 2010; Tiger Lines, 2010; Stanford University, 2000; PlaceWorks, 2014.
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CITY DEVELOPMENT
From its earliest days, Palo Alto has been a world-class center of knowledge and innovation. The city incorporated in 1894 on land purchased with the specific intent of serving the newly established Stanford University. Originally centered on University Avenue, Palo Alto grew south and east, incorporating the older town of Mayfield and its California Avenue district in 1925. By the 1970s, the city had almost doubled in size, stretching into the foothills and south to Mountain View, with commercial centers along Middlefield Road in Midtown and El Camino Real through formerly unincorporated Barron Park, and research and development areas at the city’s outskirts.
Today, Palo Alto covers almost 26 square miles (16,627 acres) of land, about a third of which is open space, including 34 city-owned parks and 1,700 acres of protected baylands. Ensuring that activities in and around the baylands, including airport operations, occur with minimal environmental impacts is of major importance to the City and region.
COMPACT DEVELOPMENT
Palo Alto was an early adopter of compact development principles, as embodied in the Urban Service Area designated to manage growth in the current Comprehensive Plan. Through this strategy, the City has endeavored to direct new development into appropriate locations—such as along transit corridors and near employment centers— while protecting and preserving neighborhoods as well as the open space lands that comprise about half of the city.
SUSTAINABILITY AND RESILIENCE
Palo Alto is regarded as a leader in sustainability, having adopted its first Climate Action Plan in 2007 and continuing through the City’s multi-faceted efforts to 16 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T eliminate the community’s dependence on fossil fuels and adapt to the potential effects of climate change. Through the direct provision of public utility services by the City to the community, Palo Alto is able to achieve truly outstanding energy efficiency and water conservation. The City and community also are leaders in promoting non- automobile transportation, waste reduction and diversion and high-quality, low- impact development.
In addition to efficiency and conservation, the City sees an adequate housing supply as a fundamental component of a sustainable and equitable community. As of the adoption of this Comprehensive Plan, renting or owning a home in Palo Alto is prohibitively expensive for many. The housing affordability crisis in Palo Alto and in the Bay Area more broadly has a number of negative consequences, including diminished socioeconomic diversity and increased traffic congestion as local workers commute from distant places where housing is cheaper. In response, this Element lays out a multi-faceted strategy to both preserve existing housing and create new housing in a variety of types and sizes. Most new housing is anticipated to be multi- family housing on redeveloped infill sites near housing. These policies and programs work hand-in-hand with Housing Element programs and focus change along transit corridors, while preserving the character of established single-family neighborhoods.
Together, all of these efforts make Palo Alto a more resilient community, able to adjust behaviors and actions in an effort to protect and preserve environmental resources.
CITY STRUCTURE
COMPONENTS
The city is composed of unique neighborhoods and distinct but connected commercial centers and employment districts. Understanding how these different components of the city structure support one another and connect to the region can help inform land use planning. By reflecting the existing structure in its policies, Palo Alto will ensure that it remains a community that encourages social contact and public life and also maintains quality urban design.
RESIDENTIAL NEIGHBORHOODS
Palo Alto’s 35 neighborhoods are characterized by housing, parks and public facilities. Their boundaries are based on land use and street patterns and community 17 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T perceptions. Most of the residential neighborhoods have land use classifications of single-family residential with some also including multiple-family residential, and transitions in scale and use often signify neighborhood boundaries.
Each neighborhood is a living reminder of the unique blend of architectural styles, building materials, scale and street patterns that were typical at the time of its development. These characteristics are more intact in some neighborhoods than in others. The City strives to complement neighborhood character when installing streets or public space improvements and to preserve neighborhoods through thoughtful development review to ensure that new construction, additions and remodels reflect neighborhood character.
Neighborhoods built prior to the mid-1940s generally have a traditional pattern of development with relatively narrow streets, curbside parking, vertical curbs and street trees between the curb and sidewalk. Many homes are oriented to the street with parking often located to the rear of the lot.
Many later neighborhoods were shaped by Modernist design ideas popularized by builder Joseph Eichler. The houses are intentionally designed with austere facades and oriented towards private backyards and interior courtyards, where expansive glass walls “bring the outside in.” Curving streets and cul-de-sacs further the sense of house as private enclave, and flattened curbs joined to the sidewalk with no planting strip create an uninterrupted plane on which to display the house. Some neighborhoods built during this period contain other home styles such as California ranch.
Both traditional and modern Palo Alto neighborhoods have fine examples of multi- unit housing that are very compatible with surrounding single-family homes, primarily because of their high-quality design characteristics, such as entrances and gardens that face the street rather than the interior of the development. Examples include duplexes and small apartment buildings near Downtown, as well as second units and cottage courts in other areas of the city.
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COMMERCIAL CENTERS
Centers are commercial and mixed use areas that serve as focal points of community life. These commercial centers are distributed throughout the city, within walking or bicycling distance of virtually all Palo Alto residents, as shown in Map L-3. There are three basic types of Centers in Palo Alto:
h Regional Centers include University Avenue/Downtown and Stanford Shopping Center. These areas are commercial activity hubs of citywide and regional significance, with a mix of shopping, offices and some housing.
Downtown is characterized by two- and three-story buildings with ground floor shops. Downtown Palo Alto is widely recognized for its mix of culture, architecture and atmosphere of innovation, which make it a uniquely special place. Trees, benches, outdoor seating areas, sidewalks, plazas and other amenities make the streets pedestrian-friendly. Transit is highly accessible and frequent. Downtown plays a key role in concentrating housing, employment, shopping and entertainment near each other and regional rail and other transit, exemplifying and supporting citywide sustainability and resiliency.
However, a recent cycle of economic growth has brought increased pressure for additional office space in Downtown Palo Alto. In recent years, the demand has become so strong that other important uses that contribute to Downtown’s vitality, such as storefront retail, are at risk of being pushed out.
This Element includes policies and programs to preserve ground floor-retail uses Downtown and sustain its role as a gathering place. Programs are also included to convert some unused development potential from commercial to residential potential in the future.
Stanford Shopping Center has evolved from its original auto-oriented design into a premier open-air pedestrian environment known for extensive landscaped areas surrounded by retail and dining.
h Multi-Neighborhood Centers, including California Avenue, Town and Country Village and South El Camino Real, are retail districts that serve more than one neighborhood with a diverse mix of uses including retail, office and residential. They feature one- to three-story buildings with storefront windows and outdoor seating areas that create a pedestrian-friendly atmosphere.
These centers also contain retail uses clustered around plazas and parks that provide public gathering spaces. They can be linked to other city Centers via transit.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T h Neighborhood Centers, such as Charleston Shopping Center, Edgewood Plaza and Midtown Shopping Center, are small retail areas drawing customers from the immediately surrounding area. These centers are often anchored by a grocery or drug store and may include a variety of smaller retail shops and offices oriented toward the everyday needs of local residents. Adjacent streets provide walking, biking and transit connections.
EMPLOYMENT DISTRICTS
Palo Alto’s employment districts, such as Stanford Research Park, Stanford Medical Center, East Bayshore and San Antonio Road/Bayshore Corridor, represent a development type not found in other parts of the city. These Districts are characterized by large one- to four-story buildings, with some taller buildings, separated by parking lots and landscaped areas. The Districts are accessed primarily by automobile or employer-supported transit, though future changes in land use and tenancy could support a shift toward transit, pedestrian and bicycle travel.
GROWTH MANAGEMENT
The pace of non-residential growth and development in Palo Alto has been moderated by a citywide cap on non-residential development first adopted by the City Council in 1989. Based on the demonstrated and continuous strength of the city’s economy, and recent changes in the approach to growth management throughout California, this Plan presents an updated cumulative growth management and monitoring system. This system moderates the overall amount of new office/R&D development and monitors its impacts on Palo Alto’s livability.
This updated approach uses 2015 as the baseline from which to monitor new development and establishes a cumulative, citywide cap on office/R&D uses, including conversions of existing square footage to office/R&D space. It also establishes clear guidance to address what the City should do as the cap is approached.
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S A N
F R A N C I S C O
B A Y
East Palo Alto
Ø
1 3Menlo Park Ø
2Ø £ ¤
101
2 1
Ø
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2 3
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University
2 Ø
1 1 Ø
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Lands
Commercial Districts
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Ø
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2. Edgewood Plaza
3. Midtown
³³ Mixed Use Areas
1. South of Forest Area (SOFA)
2. California Avenue
×lo
§ ¨ ¦ 3. Alma Village280
Employment Districts
l Employment Centers
1. Stanford Research Park
2. Stanford Medical Center
3. East Bayshore
4. San Antonio Road/Bayshore Corridor
|!Caltrain Stations
Sphere of Influence
City Boundary
Railroads
Park/Open Space
0 0.5 1 Miles
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Redwood City
East Palo Alto
Atherton
Menlo Park
£ ¤
101
Stanford
University
Stanford
Lands§ ¨ ¦280
Mountain View
Los AltosLos Altos Hills
· | } þ
85 § ¨ ¦280
Major View Corridors
k Primary Gateways
Scenic Routes in Palo Alto
Caltrain Stations
Railroads
! !
|!
Park/Open Space
City Boundary
Sphere of Influence0 1 2 Miles
Source: City of Palo Alto, 2013; USGS, 2010; NHD 2013; ESRI, 2010; Tiger Lines, 2010; PlaceWorks, 2014.
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URBAN DESIGN
The look and feel of Palo Alto is shaped by urban design, which encompasses the wide variety of features that together form the visual character of the city. These elements range from aesthetic to functional and include the design of buildings, the historic character of structures and places, public spaces where people gather, gateways or entrances to the city, street trees lining neighborhoods, art decorating public spaces, as well as parking lots and essential infrastructure. Key community design features are illustrated on Map L-4.
BUILDINGS
Palo Alto has many buildings of outstanding architectural merit representing a variety of styles and periods. The best examples of these buildings are constructed with quality materials, show evidence of craftsmanship, fit with their surroundings and help make neighborhoods comfortable and appealing. To help achieve quality design, the Architectural Review Board reviews buildings and site design for commercial and multi-family residential projects. Palo Alto’s commercial and residential buildings have received regional and national design recognition. Design issues in residential neighborhoods include sympathetic restoration and renovation of homes, protection of privacy if second stories are added, and efforts to make streets more inviting to pedestrians.
HISTORIC RESOURCES
Palo Alto has a rich stock of historic structures and places that are important to the city’s heritage and preserving and reusing these historic resources contributes to the livability of Palo Alto. The City’s Historic Inventory lists approximately 400 buildings of historical merit, with more than a dozen buildings on the National Register of Historic Places, as well as three historic districts (Green Gables, Greenmeadow and Professorville) and one architectural district (Ramona Street). Map L-5 illustrates historic resources in Palo Alto.
Historic sites include the El Palo Alto Redwood, believed to be the site of a 1776 encampment of the Portola Expedition and one of 19 California Points of Historical Interest in the city. The garage at 367 Addison that was the birthplace of Hewlett- Packard is one of seven sites or structures listed on the California Register of Historic Landmarks. The length of El Camino Real from San Francisco to San Diego, including the section that passes through Palo Alto, is a State Historic Landmark. Many historic 23 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T buildings in the city have been rehabilitated and adaptively reused as office or commercial spaces, including former single-family homes in and near downtown.
PUBLIC SPACES, STREETS AND PARKING
Throughout Palo Alto are a variety of public spaces from parks and schools to plazas and sidewalks, to cultural, religious and civic facilities. Each of these can increasingly serve as centers for public life with gathering places, bicycle and pedestrian access, safety-enhancing night-time lighting and clear visual access, and, in some cases, small-scale retail uses such as cafes.
Well-designed streets also invite public use and enhance quality of life. Palo Alto’s reputation as a gracious residential community is due not only to its fine street trees and attractive planting areas, but also to appropriate street width for neighborhood character, accommodation of pedestrians and bicycles, height and setbacks of buildings and color and texture of paving materials. These components help to ensure that streets are pleasant and safe for all travelers.
Parking lots occupy large amounts of surface area in the city. Well-designed parking lots make efficient use of space while contributing positively to the appearance of the surrounding area. A parking lot can provide an opportunity for open space and outdoor amenities rather than just a repository for cars. Many parking lots in Palo Alto include trees, landscaping and public art.
GATEWAYS
Community identity is strengthened when the entrances to the city are clear and memorable. In Palo Alto, these entrances or gateways include University Avenue, El Camino Real, Middlefield Road, Oregon Expressway/Page Mill Road, San Antonio Road and Embarcadero Road and the Palo Alto Transit Center and California Avenue Caltrain station. Well-designed gateways are defined by natural and urban landmarks that complement the character and identity of the neighborhood. 24 Item 9
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Source: PlaceWorks, 2016; The City of Palo Alto, 2013.
*Cultural and historic resources include Historic Structures on the City of Palo Alto Historic Inventory (categories I, II, III, or IV), and/or Buildings on the National Register of Historic Places, and/or California Registered Historic Landmarks, and/or Points of Historical Interest.
This map is for illustrative purposes only and does not depict the full inventory of historic structures, landmarks, or other cultural resources in Palo Alto. For a more complete listing, please refer to the content of the Palo Alto Comprehensive Plan and the Cultural or historic resource*
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URBAN FOREST
Palo Alto’s urban forest—including both public and privately owned trees—is a key part of the community’s history, identity and quality of life. It offers enormous social, environmental and financial benefits and is a fundamental part of Palo Alto’s sense of place. Regular spacing of trees that are similar in form and texture provides order and coherence and gives scale to the street. A canopy of branches and leaves provides shade for pedestrians and creates a sense of enclosure and comfort. On the city’s most memorable streets, trees of a single species extend historic character to the corners of blocks, reducing the apparent width of streets and intersections and defining the street as a continuous space. Protecting, maintaining and enhancing the urban forest, as called for in the 2015 Urban Forest Master Plan, is among the most effective ways to preserve Palo Alto’s character.
PUBLIC ART
Public art helps create an inviting atmosphere for gathering, fosters economic development and contributes to vital public spaces. Palo Alto’s public art program reflects the City’s tradition of enriching public spaces with works of art, ranging from the subtle inclusion of handcrafted artifacts into building architecture to more traditional displays of sculpture at civic locations. The Municipal Code requires both public and private projects to incorporate public art.
UTILITIES AND INFRASTRUCTURE
A city is supported by its infrastructure—features such as paving, signs and utilities.
These features represent substantial public investments and are meant to serve all community members. Infrastructure improvements must meet current needs and keep pace with growth and development. While the purpose of infrastructure is usually utilitarian or functional, attention to design details can add beauty or even improve urban design. For example, replacing a sidewalk can provide an opportunity to create larger tree wells and provide new street trees.
State law (California Government Code Section 65302.10) requires the City to address potential regional inequity and infrastructure deficits within disadvantaged unincorporated communities (DUCs) in this Element. There are no DUCs within the Palo Alto Sphere of Influence (SOI) with public services or infrastructure needs or deficiencies.
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PALO ALTO AIRPORT
Palo Alto Airport (PAO) is a general aviation airport owned and operated by the City of Palo Alto. PAO occupies 102 acres of land east of Highway 101 in the baylands and has one paved runway. The airport functions as a reliever to three Bay Area airports. PAO facilities include an air traffic control tower operated by the Federal Aviation Administration and a terminal building. Flight clubs and fixed base operators operate on-site, offering fuel sales, flight lessons, pilot training and aircraft sales, rentals, maintenance and repair. From 1967 to 2015, PAO was operated by Santa Clara County under a lease agreement. Operations and control have since been transferred to the City and key challenges ahead include addressing deterioration of runway conditions, addressing noise impacts and hours of operation and the relationship between the Airport and the Baylands Master Plan.
LAND USE MAP AND LAND USE DESIGNATIONS
Map L-6 shows each land use designation within the city of Palo Alto. The land use designations translate the elements of city structure into a detailed map that presents the community’s vision for future land use development and conservation on public and private land in Palo Alto through the year 2030. Residential densities are expressed in terms of dwelling units per acre. Population densities per acre are not absolute limits.
Building intensities for non-residential uses are expressed in terms of floor area ratio (FAR), which is the ratio of gross building floor area (excluding areas designated for parking, etc.) to net lot area, both expressed in square feet. FAR does not regulate building placement or form, only the spatial relationship between building size and lot size; it represents an expectation of the overall intensity of future development. 27 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T The maximums assigned to the land use designations below do not constitute entitlements, nor are property owners or developers guaranteed that an individual project, when tested against the General Plan’s policies, will be able or permitted to achieve these maximums.
LAND USE DEFINITIONS
OPEN SPACE
Publicly Owned Conservation Land: Open lands whose primary purpose is the preservation and enhancement of the natural state of the land and its plants and animals. Only resource management, recreation and educational activities compatible with resource conservation are allowed.
Public Park: Open lands whose primary purpose is public access for active recreation and whose character is essentially urban. These areas, which may have been planted with non-indigenous landscaping, may provide access to nature within the urban environment and require a concerted effort to maintain recreational facilities and landscaping.
Streamside Open Space: This designation is intended to preserve and enhance corridors of riparian vegetation along streams. Hiking, biking and riding trails may be developed in the streamside open space. The corridor will generally vary in width up to 200 feet on either side of the center line of the creek. However, along San Francisquito Creek between El Camino Real and the Sand Hill Road bridge over the creek, the open space corridor varies in width between approximately 80 and 310 feet from the center line of the creek. The aerial delineation of the open space in this segment of the corridor, as opposed to other segments of the corridor, is shown to approximate scale on the Proposed Land Use and Circulation Map.
Open Space/Controlled Development: Land having all the characteristics of open space but where some development may be allowed on private properties. Open space amenities must be retained in these areas. Residential densities range from 0.1 to 1 dwelling unit per acre but may rise to a maximum of 2 units per acre where second units are allowed, and population densities range from 1 to 4 persons per acre. Other uses such as agricultural, recreational and non-residential uses may be allowed consistent with the protection and preservation of the inherent open space characteristics of the land.
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L A N D U S E E L E M E N T
Baylands Master Plan
SOFA I CAP
SOFA II CAP
S A N
F R A N C I S C O
B A YEast Palo Alto Byxbee
Park
Menlo Park
¤
101
Baylands
Preserve
|!
|!
| ÿ82Stanford
University
Mountain View
§ ¨ ¦
Los Altos
S A N
F R A N C I S C O
B A YLos Altos Hills
0 0.125 0.25 0.5 0.75 1
Miles
Comprehensive Plan Land Use Designations
Residential Other Campus Open Space
Special Conservation
Lake/Reservoir
Single Family Res SOFA II CAP
Multi-Family Res
Mixed Use
SOFA I CAP
School District Land | Caltrain Stations
Urban Service Area
City Boundary
Commercial Major Institution/Special Facility
Streamside Open Space
Public Park
Hotel Commercial
Service Commercial Sphere of Influence
RailroadsNeighborhood Commercial
Regional/Community Commercial
Open Space/Controlled Development
Public Conservation Land
Business/Industrial Stanford University Land Use Designations Academic CampusLight Industrial
Research/Office Park Campus Residential - Low Density
Campus Residential - Moderate Density
Open Space/Field Research
Source: ESRI, 2010; Tiger Lines, 2010; USGS, 2010; NHD, 2013; City of Palo Alto, 2013; PlaceWorks, 2015.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Multiple-Family uses may
be permitted on Housing
Element opportunity sites.
RESIDENTIAL
Single-Family Residential: This designation applies to residential neighborhoods primarily characterized by detached single-family homes, typically with one dwelling unit on each lot. Private and public schools and churches are conditional uses requiring permits. Accessory dwelling units or duplexes are allowed subject to certain size limitations and other development standards and duplexes may be allowed in select, limited areas where they would be compatible with neighborhood character and do not create traffic and parking problems. The net density in single family areas will range from 1 to 7 units per acre, but rises to a maximum of 14 units on parcels where second units or duplexes occur. Population densities will range from 1 to 30 persons per acre.
, except on
Housing
Element
opportunity
sites, for which
higher density
standards may
be specified in
the Zoning
Ordinance .
Multiple-Family Residential: The permitted number of housing units will vary by area, depending on existing land use, proximity to major streets and public transit, distance to shopping and environmental problems. Net densities will range from 8 to 40 units and 8 to 90 persons per acre. Density should be on the lower end of the scale next to single-family residential areas. Densities higher than what is permitted , except on
Housing
Element
opportunity
sites, for which
higher density
standards may may be allowed where measurable community benefits will be derived, services and be specified in
the Zoning
Ordinance .
facilities are available, and the net effect will be consistent with the Comprehensive Plan. Population densities will range up to 2.25 persons per unit by 2030.
Village Residential: Allows residential dwellings that are designed to contribute to the harmony and pedestrian orientation of a street or neighborhood. Housing types include single-family houses on small lots, second units, cottage clusters, courtyard housing, duplexes, fourplexes and small apartment buildings. Design standards will be prepared for each housing type to ensure that development successfully contributes to the street and neighborhood and minimizes potential negative impacts. Net densities will range up to 20 units per acre. Population densities will range up to 2.25 persons per unit by 2030.
Transit-Oriented Residential: Allows higher density residential dwellings in the University Avenue/Downtown and California Avenue commercial centers within a walkable distance, approximately 2,500 feet, of the City’s two multi-modal transit stations. The land use category is intended to generate residential densities that support substantial use of public transportation and especially the use of Caltrain.
Design standards will be prepared to ensure that development successfully contributes to the street and minimizes potential negative impacts. Individual project requirements will be developed, including parking, to ensure that a significant 31 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T portion of the residents will use alternative modes of transportation. Net density will range up to 50 units per acre, with minimum densities to be considered during development of new City zoning regulations. Population densities will range up to
2.25 per person per unit by 2030.
COMMERCIAL
Neighborhood Commercial: Includes shopping centers with off-street parking or a cluster of street-front stores that serve the immediate neighborhood. Examples include Charleston Center, Edgewood Center and Midtown. Typical uses include supermarkets, bakeries, drugstores, variety stores, barber shops, restaurants, self- service laundries, dry cleaners and hardware stores. In locations along El Camino Real and Alma Street, residential and mixed use projects may also locate in this category. Non-residential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations. , generally within 1/2 mile of high quality transit.
Regional/Community Commercial: Larger shopping centers and districts that have a wider variety of goods and services than the neighborhood shopping areas. They rely on larger trade areas and include such uses as department stores, bookstores, furniture stores, toy stores, apparel shops, restaurants, theaters and non-retail services such as offices and banks. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown. Non-retail uses such as medical and dental offices may also locate in this designation; software development may also locate Downtown. In some locations, residential and mixed use projects may also locate in this category. Non-residential FARs range from 0.35 to 2.0.
Consistent with the Comprehensive Plan’s encouragement of housing near transit , generally withincenters, higher density multi-family housing may be allowed in specific locations.1/2 mile of high quality transit.
Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast of the Bayshore 32 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Freeway. Non-residential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density , generally within 1/2 mile
of high quality transit.
multi-family housing may be allowed in specific locations.
Mixed Use: The Mixed Use designation is intended to promote pedestrian-oriented places that layer compatible land uses, public amenities and utilities together at various scales and intensities. The designation allows for multiple functions within the same building or adjacent to one another in the same general vicinity to foster a mix of uses that encourages people to live, work, play and shop in close proximity.
Most typically, mixed-use developments have retail on the ground floor and residences above. This category includes Live/Work, Retail/Office, Residential/Retail and Residential/Office development. FARs will range up to 1.15, although development located along transit corridors or near multi-modal centers will range up to 2.0 FAR with up to 3.0 FAR possible where higher FAR would be an incentive to meet community goals such as providing affordable housing. The FAR above 1.15 must be used for residential purposes. FAR between 0.15 and 1.15 may be used for residential purposes. As of the adoption of this Comprehensive Plan, the Mixed Use designation is currently only applied in the SOFA area. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density , generally within 1/2 mile of
high quality transit.multi-family housing may be allowed in specific locations.
Commercial Hotel: This category allows facilities for use by temporary overnight occupants on a transient basis, such as hotels and motels, with associated conference centers and similar uses. Restaurants and other eating facilities, meeting rooms, small retail shops, personal services and other services ancillary to the hotel are also allowed. This category can be applied in combination with another land use category. FAR currently ranges up to 2.0 for the hotel portion of the site. An implementation program indicates that the City will explore increasing this FAR.
Research/Office Park: Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses. Stanford Research Park is an example. Other uses that may be included are educational institutions and child care facilities. Compatible commercial service uses such as banks and restaurants and residential or mixed-uses that would benefit from the proximity to employment centers, will also be allowed. Additional uses, including retail services, commercial recreation, churches and private clubs may also be located in Research/Office Park areas, but only if they are found to be compatible with the surrounding area through 33 Item 9
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On Housing Element
opportunity sites, FAR will
typically range from 1.25
to 2.5, as specified in the
Zoning Ordinance. Higher
FARs may be feasible
within 1/2-mile of high
quality transit.
L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T the conditional use permit process. In some locations, residential and mixed-use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to
0.5, depending on site conditions. Consistent with the Comprehensive Plan, multi- family housing may be allowed in specific locations.
Light Industrial: Wholesale and storage warehouses and the manufacturing, processing, repairing and packaging of goods. Emission of fumes, noise, smoke, or other pollutants is strictly controlled. Examples include portions of the area south of Oregon Avenue between El Camino Real and Alma Street that historically have included these land uses, and the San Antonio Road industrial area. Compatible residential and mixed use projects may also be located in this category. FAR will range up to 0.5. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in On Housing Element
opportunity sites, FAR will
typically range from 1.5 to specific locations. , generally within 1/2 mile of high quality transit.
2.5, as specified in the
Zoning Ordinance. Higher
FARs may be feasible
within 1/2-mile of high
quality transit.
INSTITUTIONAL
School District Lands: Properties owned or leased by public school districts and used for educational, recreational, or other non-commercial, non-industrial purposes.
FAR may not exceed 1.0.
Major Institution/Special Facilities: Institutional, academic, governmental and community service uses and lands that are either publicly owned or operated as non-profit organizations. Examples are hospitals and City facilities. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations.
Major Institution/University Lands: Academic and academic reserve areas of Stanford University. Population density and building intensity limits are established by conditional use permit with Santa Clara County. These lands are further designated by the following sub-categories of land use:
h Major Institution/University Lands/Campus Single-Family Residential:
Single-family areas where the occupancy of the units is significantly or totally limited to individuals or families affiliated with the institution. h Major Institution/University Lands/Campus Multiple Family Residential:
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T h Major Institution/University Lands/Campus Educational Facilities:
Academic lands with a full complement of activities and densities that give them an urban character. Allowable uses are academic institutions and research facilities, student and faculty housing and support services. Increases in student enrollment and faculty/staff size must be accompanied by measures that mitigate traffic and housing impacts.
h Major Institution/University Lands/Academic Reserve and Open Space:
Academic lands having all the characteristics of open space but upon which some academic development may be allowed provided that open space amenities are retained. These lands are important for their aesthetic and ecological value as well as their potential for new academic uses. 35 Item 9
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GOALS, POLICIES AND PROGRAMS
GROWTH MANAGEMENT
GOAL L-1 A compact and resilient city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities and open spaces.
CONCENTRATING DEVELOPMENT WITHIN THE URBAN SERVICE AREA Policy L-1.1 Maintain and prioritize Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities.
Policy L-1.2 Limit future urban development to currently developed lands within the urban service area. The boundary of the urban service area is otherwise known as the urban growth boundary. Retain undeveloped land west of Foothill Expressway and Junipero Serra as open space, with allowances made for very low-intensity development consistent with the open space character of the area. Retain undeveloped land northeast of Highway 101 as open space.
Policy L-1.3
Policy L-1.4
Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
Commit to creating an inventory of below market rate housing for purchase and rental. Work with neighbors, neighborhood associations, property owners and developers to identify barriers to infill development of below market rate and more affordable market rate housing and to remove these barriers, as appropriate. Work with these same stakeholders to identify sites and facilitate opportunities for below market rate housing and housing that is affordable.
REGULATING LAND USE
Policy L-1.5
Policy L-1.6
Regulate land uses in Palo Alto according to the land use definitions in this Element and Map L-6.
Encourage land uses that address the needs of the community and manage change and development to benefit the community.
Program L1.6.1 Review regulatory tools available to the City and identify actions to enhance and preserve the livability of residential neighborhoods and the vitality of commercial and employment districts, including improved code enforcement practices.
Policy L-1.7 Use coordinated area plans to guide development, such as to create or enhance cohesive neighborhoods in areas of Palo Alto where significant change is foreseeable. Address both land use and transportation, define the desired character and urban design traits of the areas, identify opportunities for public open space, parks and recreational opportunities, address connectivity to and compatibility with adjacent residential areas; and include broad community involvement in the planning process.
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REGIONAL COOPERATION
Policy L-1.8 Maintain an active engagement with Santa Clara County, San Mateo County, neighboring cities, other public agencies including school districts and Stanford University regarding land use and transportation issues.
Program L1.8.1 Maintain and update as appropriate the 1985 Land Use Policies Agreement that sets forth the land use policies of the City, Santa Clara County and Stanford University with regard to Stanford unincorporated lands.
Policy L-1.9 Participate in regional strategies to address the interaction of jobs, housing balance and transportation issues.
GROWTH MANAGEMENT AND MONITORING
Policy L-1.10 Maintain a citywide cap of 1.7 million new square feet of office/R&D development, exempting medical
office uses in the Stanford University Medical
Center (SUMC) vicinity. Use January 1, 2015 as the
baseline and monitor development towards the cap
on an annual basis. Require annual monitoring to
assess the effectiveness of development
requirements and determine whether the cap and
the development requirements should be adjusted.
Continue to exempt medical, governmental and
institutional uses from the cap on office/R&D
development.
Program L1.10.1 Reevaluate the cumulative cap when the amount of new office/R&D square footage entitled since January 1, 2015 reaches 67 percent of the allowed square footage, or 1,139,000 square feet. Concurrently consider removal or potential changes to the cap and/or to the amount of additional development permitted by the City’s zoning ordinance.
Policy L-1.11
Policy L-1.12
Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts.
The City will monitor key community indicators on a regular basis to determine whether the policies of this plan and the efforts of Palo Alto residents and businesses are effective at promoting livability. Suggested indicators and monitoring frequency are listed in Table L-1.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T TABLE L-1 COMMUNITY METRICS
Measure Metric Recommended Monitoring Frequency
Annually as part of Earth Day Report80% below 1990 emissions by 2030 (S/CAP goal)Greenhouse Gas Emissions
Vehicle Miles Traveled (VMT) per Capita Decrease year over year Jobs/Housing Balance (Expressed as a
Ratio of Jobs to Employed Residents)
Annually as part of Earth Day Report
Every 4 yearsRatio of jobs to employed residents
Annually as part of report to California
Department of Housing and Community
Development (HCD)
Below Market Rate (BMR) Units Number of units
Annual Report to State Housing and
Community Development Department
Change in PM peak hour traffic volumes at
10 representative local intersections
Percent of residents who live within ½-mile
of a city park
Progress toward Housing Element Goals
Traffic Volumes on City Streets
Availability of Parks
Annually as part of report to HCD
Every 2 years
Every 4 years
Changes in student enrollment at public
elementary, middle and high schoolsPAUSD School Enrollments Annually
A SUSTAINABLE COMMUNITY
GOAL L-2 An enhanced sense of “community” with development designed to foster public life, meet citywide needs and embrace the principles of sustainability.
Policy L-2.1 Maintain a citywide structure of Residential Neighborhoods, Centers and Employment Districts.
Integrate these areas with the City’s and the region’s
transit and street system.
Policy L-2.2 Enhance connections between commercial and mixed use centers and the surrounding residential
neighborhoods by promoting walkable and bikeable
connections and a diverse range of retail and
services that caters to the daily needs of residents.
Program L2.2.1 Explore whether there are appropriate locations to allow small-scale neighborhood-serving retail facilities such as coffee shops and corner stores in residential areas. 38 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Policy L-2.3
Policy L-2.4
As a key component of a diverse, inclusive community, allow and encourage a mix of housing types and sizes, integrated into neighborhoods and designed for greater affordability, particularly smaller housing types, such as studios, co-housing, cottages, clustered housing, accessory dwelling units and senior housing.
Use a variety of strategies to stimulate housing, near retail, employment, and transit, in a way that connects to and enhances existing neighborhoods.
Program L2.4.1 Amend the Housing Element to eliminate housing sites along San Antonio Road and increase residential densities in Downtown and the California Avenue area to replace potential units from the sites eliminated.
Program L2.4.2 Allow housing at Stanford Shopping Center, provided that adequate parking and vibrant retail is maintained and no reduction of retail square footage results from the new housing.
Program L2.4.3 Allow housing on the El Camino Real frontage of the Stanford Research Park. Explore multi- family housing elsewhere in the Stanford Research Park and near Stanford University Medical Center (SUMC).
Program L2.4.4 Assess non-residential development potential in the Community Commercial, Service Commercial and Downtown Commercial Districts (CC, CS and CD) and the Neighborhood Commercial District (CN), and convert non-retail commercial FAR to residential FAR, where appropriate. Conversion to residential capacity should not be considered in Town and Country Village.
Program L2.4.5 Update the municipal code to include zoning changes that allow a mix of retail and residential uses but no office uses. The intent of these changes would be to encourage a mix of land uses that contributes to the vitality and walkability of commercial centers and transit corridors.
Program L2.4.6 Explore changing the Transfer of Development Rights (TDR) ordinances for both buildings of historic significance and for seismic retrofits so that transferred development rights may be used for residential capacity.
Program L2.4.7 Explore mechanisms for increasing multi-family housing density near multimodal transit centers.
Program L2.4.8 Identify development opportunities for BMR and more affordable market rate housing on publicly owned properties in a way that is integrated with and enhances existing neighborhoods.
Policy L-2.5 Support the creation of affordable housing units for middle to lower income level earners, such as City and school district employees, as feasible.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Program L2.5.1 Collaborate with PAUSD in
exploring opportunities to build
housing that is affordable to
school district employees.
Policy L-2.6
Policy L-2.7
Create opportunities for new mixed use
development consisting of housing and retail.
Support efforts to retain housing that is more
affordable in existing neighborhoods, including a
range of smaller housing types.
Program L2.7.1 Review development standards to
discourage the net loss of
housing units.
Policy L-2.8 When considering infill redevelopment, work to minimize displacement of existing residents.
Program L2.8.1 Conduct a study to evaluate various possible tools for preventing displacement of existing residents.
Program L2.8.2 Develop and implement a system to inventory the characteristics of existing housing units and track changes in those characteristics on a regular basis. Make the information publicly available.
Policy L-2.9
Policy L-2.10
Facilitate reuse of existing buildings.
Ensure regular coordination between the City and PAUSD on land development activities and trends in Palo Alto, as well as planning for school facilities and programs. Under State law, impacts on school facilities cannot be the basis for requiring mitigation beyond the payment of school fees or for denying development projects or legislative changes that could result in additional housing units. The City will, however, assess the reasonably foreseeable environmental impacts of development projects that result in new school construction or enrollment.
Program L2.10.1 Collaborate with PAUSD to plan for space to accommodate future school expansions or new school sites, and evaluate zoning space to accommodate new schools.
Policy L-2.11
Policy L-2.12
Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens.
Ensure that future development addresses potential risks from climate change and sea level rise. 40 Item 9
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DISTINCT NEIGHBORHOODS
GOAL L-3 Safe, attractive residential neighborhoods, each with its own distinct character and within walking distance of shopping, services, schools and/or other public gathering places.
NEIGHBORHOOD COMPATIBILITY
Policy L-3.1
Policy L-3.2
Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.
Preserve residential uses from conversion to office or short-term rentals.
Program L3.2.1 Evaluate and implement strategies to prevent conversion of residential and neighborhood- serving retail space to office or short-term vacation rentals.
Policy L-3.3 Recognize the contribution of cottage cluster housing to the character of Palo Alto and retain and encourage this type of development.
RESIDENTIAL DESIGN
Policy L-3.4 Ensure that new multi-family buildings, entries and outdoor spaces are designed and arranged so that each development has a clear relationship to a public street.
Policy L-3.5 Avoid negative impacts of basement construction for single-family homes on adjacent properties, public resources, and the natural environment.
Program L3.5.1 Develop a program to assess and manage both the positive and negative impacts of basement construction in single family homes on the community and the environment, including:
h Impacts to the natural environment, such as potential impacts to the tree canopy, groundwater supply or quality and soil compaction.
h Safety issues such as increased surface flooding increased groundwater intrusion with sea level rise, emergency access and egress, or sewage backflows.
COMMERCIAL CENTERS
GOAL L-4
Inviting pedestrian scale centers that offer a variety of retail and commercial services andprovide focal points and community gathering places for the city’s residential neighborhoods and employment districts.
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COMMERCIAL CENTERS AND MIXED USE AREAS
Policy L-4.1 Encourage the upgrading and revitalization of selected Centers in a manner that is compatible with the character of surrounding neighborhoods, without loss of retail and existing small, local businesses.
Policy L-4.2 Preserve ground-floor retail, limit the displacement of existing retail from neighborhood centers and explore opportunities to expand retail.
Program L4.2.1 Study the overall viability of ground-floor retail requirements in preserving retail space and creating an active street environment, including the types of locations where such requirements are most effective.
Program L4.2.2 Evaluate the effectiveness of formula retail limits adopted for California Avenue. Develop incentives for local small businesses where warranted.
Program L4.2.3 Explore and potentially support new, creative and innovative retail in Palo Alto.
Policy L-4.3
Policy L-4.4
Encourage street frontages that contribute to retail vitality in all Centers. Reinforce street corners in a way that enhances the pedestrian realm or that form corner plazas. Include trees and landscaping.
Ensure all Regional Centers and Multi-Neighborhood Centers provide centrally located gathering spaces that create a sense of identity and encourage economic revitalization. Encourage public amenities such as benches, street trees, kiosks, restrooms and public art.
Program L4.4.1 Study the feasibility of using public and private funds to provide and maintain landscaping and public spaces such as parks, plazas, sidewalks and public art within commercial areas.
Program L4.4.2 Through public/private cooperation provide well-signed, clean and accessible restrooms.
Program L4.4.3 Collaborate with merchants to enhance the appearance of streets and sidewalks within all Centers. Encourage the formation of business improvement districts and undertake a proactive program of maintenance, repair, landscaping and enhancement.
Program L4.4.4 Identify priority street improvements that could make a substantial contribution to the character of Centers, such as widening sidewalks, narrowing travel lanes, creating medians, restriping to allow diagonal parking and planting trees.
Policy L-4.5 Support local-serving retail, recognizing that it provides opportunities for local employment, reduced commute times, stronger community connections and neighborhood orientation.
Program L4.5.1 Revise zoning and other regulations as needed to encourage the preservation of space to accommodate small businesses, start-ups and other services. 42 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Program L4.5.2 Consider planning, regulatory, or other incentives to encourage property owners to include smaller office spaces in their buildings to serve small businesses, non-profit organizations, and independent professionals.
HOTELS
Policy L-4.6 Sites within or adjacent to existing commercial areas and corridors are suitable for hotels. Give preference to housing versus hotel use on sites adjacent to predominantly single-family neighborhoods.
Program L4.6.1 Explore increasing hotel FAR from 2.0 to 3.0 in the University Avenue/Downtown area and
2.5 in areas outside of Downtown.
REGIONAL CENTERS
University Avenue/Downtown
Policy L-4.7 MaintainandenhancetheUniversityAvenue/Downtown area as a major commercial center of the City, with a mix of commercial, civic, cultural, recreational and residential uses. Promote quality design that recognizes the regional and historical importance of the area and reinforces its pedestriancharacter.
Policy L-4.8 Ensure that University Avenue/Downtown is pedestrian-friendly and supports bicycle use. Use public art, trees, bicycle racks and other amenities to create an environment that is inviting to pedestrians and bicyclists.
Program L4.8.1 Prepare a Coordinated Area Plan for Downtown.
Program L4.8.2 Study the feasibility of converting parts of University Avenue to a pedestrian zone.
Stanford Shopping Center
Policy L-4.9 Maintain Stanford Shopping Center as one of the Bay Area’s premiere regional shopping centers. Promote
bicycle and pedestrian use and encourage any new
development at the Center to occur through infill.
Program L4.9.1 While preserving adequate parking
to meet demand, identify strategies
to reuse surface parking lots.
Program L4.9.2 Explore adding additional Floor Area
Ratio (FAR) for retail at Stanford
Shopping Center.
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MULTI-NEIGHBORHOOD CENTERS
California Avenue
Policy L-4.10 Maintain the existing scale, character and function of the California Avenue business district as a
shopping, service and office center intermediate
in function and scale between Downtown and the
smaller neighborhood business areas.
Program L4.10.1 Prepare a coordinated area plan
for the North Ventura area and
surrounding California Avenue
area. The plan should describe a
vision for the future of the North
Ventura area as a walkable neighborhood with multi-family housing, ground floor retail, a public park, creek improvements and an interconnected street grid. It should guide the development of the California Avenue area as a well-designed mixed use district with diverse land uses and a network of pedestrian-oriented streets.
Program L4.10.2 Create regulations for the California Avenue area that encourage the retention or rehabilitation of smaller buildings to provide spaces for existing retail, particularly local, small businesses.
Policy L-4.11 Improve the transition between the California-Cambridge area and the single family residential neighborhood of Evergreen Park. Avoid abrupt changes in scale and density between the two areas.
Town and Country Village
Policy L-4.12 Recognize and preserve Town and Country Village as an attractive retail center serving Palo Altans and
residents of the wider region. Future development
at this site should preserve its existing amenities,
pedestrian scale and architectural character while
also improving safe access for bicyclists and
pedestrians and increasing the amount of bicycle
parking.
Policy L-4.13
Policy L-4.14
In Town and Country Village, encourage a vibrant
retail environment and urban greening.
In Town and Country Village, encourage improvement of pedestrian, bicycle and auto circulation and landscaping improvements, including maintenance of existing oak trees and planting additional trees. 44 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T El Camino Real
Policy L-4.15 Recognize El Camino Real as both a local serving and regional serving corridor, defined by a mix of commercial uses and housing.
NEIGHBORHOOD CENTERS
Policy L-4.16 Improve the local-serving focus, and provide safe pedestrian, bicycle and multimodal access to all three Palo Alto Neighborhood Centers – Charleston Shopping Center, Edgewood Plaza and Midtown Shopping Center.
Support their continued improvement and vitality.
Program L4.16.1 Maintain distinct neighborhood shopping areas that are attractive, accessible and convenient to nearby residents.
Policy L-4.17
Policy L-4.18
Encourage maximum use of Neighborhood Centers by ensuring that the publicly maintained areas are clean, well-lit and attractively landscaped.
Maintain Midtown Shopping Center as an attractive, pedestrian-oriented, one- to two-story Neighborhood Center with diverse local-serving uses and adequate parking, and a network of pedestrian-oriented streets, ways and gathering places. Encourage retention of Midtown’s grocery store and a variety of neighborhood retail shops and services.
EMPLOYMENT DISTRICTS
GOAL L-5 High quality employment districts, each with their own distinctive character and each contributing to the character of the city as a whole.
Policy L-5.1 Foster compact Employment Districts developed in a way that facilitates transit, pedestrian and bicycle
travel. Provide mixed uses to reduce the number of
auto trips.
Program L5.1.1 Explore with Stanford University
various development options for
adding to the Stanford Research
Park a diverse mix of uses,
including residential, commercial
hotel, conference center, commercial space for small businesses and start-ups, retail, transit hub and other community-supporting services that are compatible with the existing uses, to create a vibrant innovation-oriented community.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Policy L-5.2 Provide landscaping, trees, sidewalks, pedestrian path and connections to the citywide bikeway system within Employment Districts. Pursue opportunities to include sidewalks, paths, low water use landscaping, recycled water and trees and remove grass turf in renovation and expansion projects.
Policy L-5.3
Policy L-5.4
Design paths and sidewalks to be attractive and comfortable and consistent with the character of the area where they are located.
Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse business and light industrial districts.
GOAL L-6 Well-designed buildings that create coherent development patterns and enhance city streets and public spaces.
DESIGN OF BUILDINGS AND PUBLIC SPACE
Policy L-6.1 Promote high-quality design and site
planning that is compatible with
surrounding development and public
spaces.
Program L6.1.1 Promote
programs and other
forms of public
awards
recognition for projects
of architectural merit
that contribute positively
to the community.
Policy L-6.2
Policy L-6.3
Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility.
Encourage bird-friendly design.
Program L6.3.1 Develop guidelines for bird-friendly building design that minimizes hazards for birds and reduces the potential for collisions.
Policy L-6.4
Policy L-6.5
In areas of the City having a historic or consistent design character, encourage the design of new development to maintain and support the existing character.
Guide development to respect views of the foothills and East Bay hills along public street corridors in the developed portions of the City.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Policy L-6.6 Design buildings to complement streets and public spaces; to promote personal safety, public health and well- being; and to enhance a sense of community safety.
Program L6.6.1 Modify design standards to ensure that mixed use development promotes a pedestrian- friendly relationship to the street, including elements such as screened parking or underground parking, street-facing windows and entries, and porches, windows, bays and balconies along public ways, and landscaping, and trees along the street. Avoid blank or solid walls at street level.
Policy L-6.7 Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. To promote compatibility and gradual transitions between land uses, place zoning district boundaries at mid-block locations rather than along streets wherever possible.
Program L6.7.1 Implement architectural standards to assure they effectively address land use transitions.
Support existing regulations that preserve exposure to natural light for single-family residences.
Discourage the use of fences that obscure the view of the front of houses from the street.
Policy L-6.8
Policy L-6.9
Policy L-6.10 Encourage high quality signage that is attractive, energy-efficient, and appropriate for the location, and balances visibility needs with aesthetic needs.
GOAL L-7 Conservation and preservation of Palo Alto’s historic buildings, sites and districts.
HISTORIC RESOURCES
Policy L-7.1 Encourage public and private upkeep and
preservation of resources that have historic merit,
including residences listed in the City’s Historic
Resource Inventory, the California Register of
Historical Resources, or the National Register of
Historic Places.
Program L7.1.1 Update and maintain the City’s
Historic Resource Inventory to
include historic resources that are
eligible for local, State, or federal listing. Historic resources may consist of a single building or structure or a district.
Program L7.1.2 Reassess the Historic Preservation Ordinance to ensure its effectiveness in the maintenance and preservation of historic resources, particularly in the University Avenue/Downtown area. 47 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Policy L-7.2 If a proposed project would substantially affect the exterior of a potential historic resource that has not
been evaluated for inclusion into the City’s Historic
Resources Inventory, City staff shall consider
whether it is eligible for inclusion in State or federal registers prior to the issuance of a demolition or
alterations permit. Minor exterior improvements
that do not affect the architectural integrity of
potentially historic buildings shall be exempt from
consideration. Examples of minor improvements
may include repair or replacement of features in
kind, or other changes that do not alter character-defining features of the building.
Policy L-7.3
Policy L-7.4
Policy L-7.5
Actively seek state and federal funding for the preservation of buildings of historical merit and consider public/private partnerships for capital and program improvements.
Relocation may be considered as a preservation strategy when consistent with State and national standards regarding the relocation of historic resources.
To reinforce the scale and character of University Avenue/Downtown, promote the preservation of significant historic buildings.
Policy L-7.6
Policy L-7.7
Promote awards programs and other forms of public recognition for exemplary Historic Preservation projects.
Streamline, to the maximum extent feasible, any future processes for design review of historic structures to eliminate unnecessary delay and uncertainty for the applicant and to encourage historic preservation.
REHABILITATION AND REUSE
Policy L-7.8 Promote adaptive reuse of old buildings.
Program L7.8.1 Promote and expand available incentives for the retention and rehabilitation of buildings with historic merit in all zones and revise existing zoning and permit regulations to minimize constraints to adaptive reuse.
Program L7.8.2 Create incentives to encourage salvage and reuse of discarded historic building materials.
Program L7.8.3 Seek additional innovative ways to apply current codes and ordinances to older buildings.
Use the State Historical Building Code for designated historic buildings.
Policy L-7.9 Allow compatible nonconforming uses for the life of historic buildings. 48 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Policy L-7.10
Policy L-7.11
Policy L-7.12
Ensure the preservation of significant historic
resources owned by the City of Palo Alto. Allow
such resources to be altered to meet
contemporary needs consistent with the Secretary
of the Interior Standards for Rehabilitation.
For proposed exterior alterations or additions to
designated Historic Landmarks, require design
review findings that the proposed changes are in
compliance with the Secretary of the Interior
Standards for Rehabilitation.
Maintain the historic integrity of building exteriors.
Consider parking exceptions for historic buildings to
encourage rehabilitation.
Program L7.12.1 Review parking exceptions for historic buildings in the Zoning Code to determine if there is an effective balance between historic preservation and meeting parking needs.
Policy L-7.13
Policy L-7.14
Encourage and assist owners of historically significant buildings in finding ways to adapt and rehabilitate these buildings, including participation in state and federal tax relief programs.
Continue to use a TDR Ordinance to allow the transfer of development rights from designated buildings of historic significance in the Commercial Downtown (CD) zone to non-historic receiver sites in the CD zone.
Consider revising the TDR Ordinance so that transferred development rights may be used only for residential development on the receiver sites.
ARCHAEOLOGICAL RESOURCES
Policy L-7.15 Protect Palo Alto’s archaeological resources, including natural land formations, sacred sites, the historical landscape, historic habitats and remains of settlements here before the founding of Palo Alto in the 19th century.
Policy L-7.16 Continue to consult with tribes as required by California Government Code Section 65352.3. In doing so, use appropriate procedures to accommodate tribal concerns when a tribe has a religious prohibition against revealing precise information about the location or previous practice at a particular sacred site.
Policy L-7.17
Policy L-7.18
Assess the need for archaeological surveys and mitigation plans on a project-by-project basis, consistent with the California Environmental Quality Act and the National Historic Preservation Act.
Require project proponents to meet State codes and regulations regarding the identification and protection of archaeological and paleontological deposits, and unique geologic features. 49 Item 9
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PARKS AND GATHERING PLACES
GOAL L-8 Attractive and safe parks, civic and cultural facilities provided in all neighborhoods and maintained and used in ways that foster and enrich publiclife.
Policy L-8.1 Facilitate creation of new parkland to serve Palo Alto's residential neighborhoods, as consistent with
the Parks, Trails, Open Space and Recreation Master
Plan.
Policy L-8.2
Policy L-8.3
Provide comfortable seating areas and plazas with
places for public art adjacent to library and
community center entrances.
Encourage small-scale local-serving retail services,
such as small cafes, delicatessens and coffee carts, in civic centers: Mitchell Park, Rinconada Library and
Cubberly Community Center.
Policy L-8.4
Policy L-8.5
Create facilities for civic and intellectual life, such as better urban public spaces for civic programs and
speakers, cultural, musical and artistic events.
Recognize public art and cultural facilities as a community benefit. Encourage the development of new and the enhancement of existing public and private art and cultural facilities throughout Palo Alto. Ensure that such projects are compatible with the character and identity of the surrounding neighborhood.
Policy L-8.6
Policy L-8.7
Seek potential new sites for art and cultural facilities, public spaces, open space and community gardens.
Encourage religious and private institutions to collaborate with the community and the surrounding neighborhood.
PUBLIC STREETS AND PUBLIC SPACES
GOAL L-9 Attractive, inviting public spaces and streets that enhance the image and character of the city.
STREETS AND PARKING
Policy L-9.1 Recognize Sand Hill Road, University Avenue between Middlefield Road and San Francisquito Creek, Embarcadero Road, Page Mill Road, Oregon Expressway, Interstate 280, Arastradero Road (west of Foothill Expressway), Junipero Serra Boulevard/Foothill Expressway and Skyline Boulevard as scenic routes and preserve their scenic qualities.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Program L9.1.1 Evaluate existing zoning code
setback requirements to ensure
they are appropriate for scenic
routes.
Policy L-9.2 Encourage development that creatively integrates parking into the project, including by locating it
behind buildings or underground wherever
possible, or by providing for shared use of parking
areas. Encourage other alternatives to surface
parking lots that minimize the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy and sufficient parking to meet demand.
Policy L-9.3 Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation.
Program L9.3.1 Review standards for streets and signage and update as needed to foster natural, tree-lined streets with a minimum of signage.
PUBLIC SPACES
Policy L-9.4 Maintain and enhance existing public gathering places and open spaces and integrate new public
spaces at a variety of scales.
Policy L-9.5
Policy L-9.6
Encourage use of data-driven, innovative design
methods and tactics and use data to understand to
evaluate how different community members use
public space.
Create, preserve and enhance parks and publicly accessible, shared outdoor gathering spaces within walking and biking distance of residential neighborhoods.
Program L9.6.1 Analyze existing neighborhoods and determine where publicly-accessible shared, outdoor gathering spaces are below the citywide standard. Create new public spaces, including public squares, parks and informal gathering spaces in these neighborhoods.
GATEWAYS
Policy L-9.7 Strengthen the identity of important community-wide gateways, including the entrances to the City at Highway 101, El Camino Real and Middlefield Road; the Caltrain stations; entries to commercial districts; Embarcadero Road at El Camino Real and between Palo Alto and Stanford. 51 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Program L9.7.1 Develop a strategy to enhance gateway sites with special landscaping, art, public spaces and/or public buildings. Emphasize the creek bridges and riparian settings at the entrances to the City over Adobe Creek and San Francisquito Creek.
URBAN FOREST
Policy L-9.8 Incorporate the goals of the Urban Forest Master Plan, as periodically amended, into the
Comprehensive Plan by reference in order to assure
that new land uses recognize the many benefits of
trees in the urban context and foster a healthy and
robust tree canopy throughout the City.
Program L9.8.1 Establish incentives to encourage
native trees and low water use
plantings in new development
throughout the city.
Policy L-9.9 Involve the Urban Forester, or appropriate City staff, in development review.
UTILITIES AND INFRASTRUCTURE
Policy L-9.10 Design public infrastructure, including paving, signs, utility structures, parking garages and parking lots to meet high-quality urban design standards and embrace technological advances. Look for opportunities to use art and artists in the design of public infrastructure. Remove or mitigate elements of existing infrastructure that are unsightly or visually disruptive.
Program L9.10.1 Continue the citywide undergrounding of utility wires. Minimize the impacts of undergrounding on street tree root systems and planting areas.
Program L9.10.2 Encourage the use of compact and well-designed utility elements, such as transformers, switching devices, backflow preventers and telecommunications infrastructure. Place these elements in locations that will minimize their visual intrusion.
Policy L-9.11 Provide utilities and service systems to serve all urbanized areas of Palo Alto and plan infrastructure maintenance and improvements to adequately serve existing and planned development.
Program L9.11.1 Implement the findings of the City’s Infrastructure Blue Ribbon Committee and its emphasis for rebuilding our civic spaces.
Program L9.11.2 Identify City-owned properties where combinations of wireless facilities can be co-located, assuming appropriate lease agreements are in place.
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Policy L-9.12 Recognize the importance of regional infrastructure, such as the Regional Water Utility Infrastructure owned by the San Francisco Public Utilities Commission (SFPUC).
Program L9.12.1 Coordinate with regional utility providers on activities that would impact their infrastructure and right-of-way.
GOAL L-10 Maintain an economically viable local airport with minimal environmental impacts.
PALO ALTO AIRPORT
Policy L-10.1 Operate Palo Alto Airport (PAO) as a vital and efficient facility at its current level of operation without intruding into open space areas. PAO should remain limited to a single runway and minor expansion shall only be allowed in order to meet federal and State airport design and safety standards.
Program L10.1.1 Relocate the terminal building away from the Runway 31 clear zone and closer to the hangars, allowing for construction of a replacement terminal.
Program L10.1.2 Update the Airport Layout Plan in accordance with Federal Aviation Administration requirements, as needed, while ensuring conformance with the Baylands Master Plan to the maximum extent feasible.
Program L10.1.3 Identify and pursue funding to address maintenance, safety and security improvements needed at PAO.
Policy L-10.2
Policy L-10.3
Regulate land uses in the Airport Influence Area to ensure consistency with the Palo Alto Airport Comprehensive Land Use Plan and the Baylands Master Plan.
Minimize the environmental impacts associated with PAO operations, including adverse effects on the character of surrounding open space, noise levels and the quality of life in residential areas, as required by federal and State requirements.
Program L10.3.1 Establish and implement a system for processing, tracking and reporting noise complaints regarding local airport operations on an annual basis.
Program L10.3.2 Work with the airport to pursue opportunities to enhance the open space and habitat value of the airport. These include:
h Maintaining native grasses;
h Reconstructing levees to protect the airport from sea level rise while enhancing public access and habitat conservation; and
h Evaluating the introduction of burrowing owl habitat. This program is subject to federal wildlife hazard requirements and guidelines for airports.
Policy L-10.4 Provide public access to the Airport for bicyclists and pedestrians. 53 Item 9
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L A N D U S E A N D C O M M U N I T Y D E S I G N E L E M E N T Program L10.4.1 Continue to provide a bicycle/pedestrian path adjacent to Embarcadero Road, consistent with the Baylands Master Plan and open space character of the baylands subject to federal and State airport regulations.
Policy L-10.5
Policy L-10.6
Address the potential impacts of future sea level rise through reconstruction of the Bayfront levee in a manner that provides protection for the Airport and greater habitat along the San Francisco Bay frontage.
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1 Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Adopting Chapter 18.14 (Housing Incentives) and Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.1A and 1.1B of the City of Palo Alto 2023-2031 Housing Element
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declara�ons.
(a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Alloca�on (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. (c) Program 1.1B of the Housing Element provides for addi�onal amendments to the zoning ordinance for ROLM and GM zoned proper�es that exceed those required under Program 1.1A. (d) Government Code Sec�ons 65583 and 65588 require that the City complete its rezoning of sites under Program 1.1A by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element.
(e) This ordinance implements Programs 1.1A and 1.1B of the Housing Element, resul�ng in an inventory of sites suitable and available for development that is sufficient to meet the City’s RHNA during the Housing Element planning period.
SECTION 2. Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
CHAPTER 18.14: HOUSING INCENTIVES
18.14.010 Purpose
This chapter implements the regional housing needs strategy (RHNA) of the City’s Comprehensive Plan Housing Element to rezone opportunity sites; facilitates housing produc�on; affirma�vely furthers fair housing; and provides incen�ves for housing development, especially below-market rate housing.
18.14.020 Housing Element Opportunity Sites
This subsec�on implements the rezoning required to meet the RHNA in the 2023-2031 Housing Element, pursuant to Appendix D. Regula�ons iden�fied in Table 1 and Table 2 modify and replace development standards provided in base zoning district and applicable combining district regula�ons. a) Applicability: This subsec�on applies to Housing Development Projects, as defined in Government Code Sec�on 65589.5, on Housing Element opportunity sites listed in Appendix D Item 9
Attachment B - Ordinance
Adopting Amendments to
Title 18 to Implement
Housing Element Program
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2 and on sites within the GM/ROLM and El Camino Real Focus Areas depicted in Figure 1 and Figure 3.
b) Permited Uses: Refer to the base zoning district and applicable combining districts for allowed uses, except:
(1) Exclusively residen�al uses are permited on all Housing Element opportunity sites. (2) Combining district use regula�ons shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households.
(3) Sites zoned to allow mixed use development and are iden�fied in Appendix D of the Housing Element as suitable for lower income households, must be developed with a minimum of two-thirds residen�al floor area.
c) Development Standards: Refer to base zoning district and applicable combining districts for development standards except:
(1) Residen�al uses on R-1 zoned sites (faith-based ins�tu�ons) shall be subject to the development standards for the RM-30 zoning district, pursuant to Chapter 18.13.040, except that Maximum FAR shall be 1.25 and minimum density shall be 20 units per acre. (2) RM-20, RM-30, RM-40, CN, CS, CC, CC(2), CD-C, and CD-N zoned sites as modified by Table 1 (3) GM, ROLM, and RP zoned sites as modified by Table 2
(4) PF zoned sites shall meet the following development standards:
(A) Downtown sites: CD-C standards, pursuant to Table 1 below (B) California Avenue sites: CC(2) standards, pursuant to Table 1 below (5) Specific Stanford University-owned sites and El Camino Real Focus Area sites may, as an alterna�ve to State Density Bonus Law, meet base district regula�ons as modified by Table 3.
Housing Development Projects that u�lize State Density Bonus Law shall be subject to base district standards or standards provided in Tables 1 and 2, as applicable. Addi�onally, El Camino Real Focus Area sites shall:
(A) Complete Major Architectural Review pursuant to Sec�on 18.77.020 (B) Provide 20% of total units as on-site below-market rate housing affordable to households earning up to 80% of AMI. This requirement shall apply in place of the basic requirements set forth in Sec�ons 16.65.030 and 16.65.040. (C) Not restrict residency to households with a par�cular ins�tu�onal affilia�on. (6) Combining district design and development standards shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households.
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3 Table 1
Housing Element Opportunity Site Development Standards (Residen�al and Commercial Mixed Use Districts)
Base Zoning
District
Maximum FAR (1)
Minimum
Landscape
Coverage
Residen�al Density (du/ac)(4)
Other
Development
Standards Residen�al Total Minimum Maximum
CC(2) 1.5 2.0 (3) 20
See base district
regula�ons:
18.16.060
See base district
regula�ons:
18.16.060
CC 1.25 1.25 (3) 20
CS (El Camino
Real) 1.25 1.25 (3) 20
CS (Other) 1.25 1.25 (3) 20 See HE Appendix D
CN (El Camino
Real) 1.25 1.25 30% (3) 20
See base district
regula�ons:
18.16.060
CN (Other) 1.25 1.25 30% (3) 20 See HE Appendix D
CD-C 2.0 2.0 (2)
(3)
20 See base district
regula�ons:
18.18.060
See base district
regula�ons:
18.18.060
CD-N 1.5 1.5 (3) 20 See HE Appendix D
RP 1.25 1.25
(3)
25 None; 40 du/ac
an�cipated
See base district
regula�ons:
18.20.040
RM-40 1.5 1.5 (3) 31
See HE Appendix D
See base district
regula�ons:
18.13.040
RM-30 1.25 1.25 (3) 20
RM-20 1.25 1.25
See
18.13.040 20
(1) Nothing in this table increases the non-residen�al floor area permited in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regula�ons.
(4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for specified densi�es.
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4 Table 2
GM/ROLM Focus Area Development Standards for Housing Development Projects Only Base Zoning
District
Maximum FAR Minimum
Landscape
Coverage
Maximum
Lot
Coverage
Residen�al Density
(du/ac)(2)
Maximum
Height
Minimum
Residen�al
Parking
Ra�os
Other
Development
Standards Residen�al Total Minimum Maximum
GM (Focus
Area, Figure
1) 2.5 2.5 20% (1) 70% 40
None; 90
du/ac
an�cipated
60 1 space per
studio/1-bed;
1.5 spaces per
2-bed+
See base
district
regula�ons:
18.20.040
GM (Other
Opportunity
Sites) 1.5 1.5 30% (1) 70% 25
None; See
HE Appendix
D for
an�cipated
densi�es
See
18.20.040 No change
ROLM
(Focus
Area, Figure
1) 2.5 2.5 20% (1) 70% 40
None; 90
du/ac
an�cipated 60
1 space per
studio/1-bed;
1.5 spaces per
2-bed+
ROLM
(Other
Opportunity
Sites) 1.5 1.5 (1) 70% 25
None; 50
du/ac
an�cipated 45 No change
(1) Landscape coverage may be provided above the ground-floor. If standard is not specified, refer to base district regula�ons.
(2) These sites do not provide a maximum density in terms of du/ac; however, an�cipated densi�es have been determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where referenced, the densi�es specified in Housing Element Appendix D: Sites Inventory represent an�cipated densi�es based on realis�c development capaci�es.
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5 Figure 1: GM/ROLM Housing Element Focus Area
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6 Table 3
Site-Specific Development Standards (Stanford-Owned Sites & El Camino Real Focus Area) Loca�on
Pasteur Dr. & 1100 Welch Rd. (1)(3)
(Figure 2)
El Camino Real Focus Area (1)
(Figure 3)
Minimum Front Setback 15 feet See base district regula�ons Minimum Setback See base district regula�ons:
18.13.040
See base district regula�ons,
except:
For sites with a property line
abu�ng a low density
residen�al (RE, R2, or RMD) or
R1 single family residen�al
district: 20 feet
Maximum FAR 3.5 (Total) 4.0 (Total)
Maximum Site/Landscape
Coverage
(2) (2)
Maximum Lot Coverage 60% 70%
Maximum Density (du/ac) None None
Maximum Height 85 85
Daylight Plane Sand Hill Rd. frontage only: ini�al
height 60 feet above grade at the
Sand Hill Rd. setback line and a
45-degree angle
See base district regula�ons for
standards for daylight planes
Height Transi�ons n/a Within 100 � of low density
residen�al (RE, R2, or RMD) or
R1 single family zone district
property line: 35 �.
Between 100 and 150 � of low
density or R1 zone district
property line: 45 �.
Upper Story Step Back None El Camino Real frontage:
maximum height of 55 feet
within 20 feet of the El Camino
Real property line
Open Space 100 sq. �/unit (any combina�on
of common and/or private)
100 sq. �/unit (any combina�on
of common and/or private)
Minimum Residen�al Parking
(5)
0.5 spaces/unit 1 space/unit
(Per AB2097: 0 space/unit within
½ mile of Caltrain)
Other Development Standards See base district regula�ons:
18.13.040
See base district regula�ons
Design Criteria/Standards Compliance with Objec�ve
Design Standards pursuant to
Chapter 18.24 (4)
Architectural Review and
compliance with either
Objec�ve Design Standards
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7 pursuant to Chapter 18.24 or
Context-Based Design Criteria
pursuant to base district
regula�ons. (4)
(1) Site locations as defined in the 2023-2031 Housing Element (2) Permitted above the ground-floor. If standard is not specified, refer to base district regulations. (3) Housing may be developed in phases and individual phases may not meet all standards.
However, upon completion the project as a whole must conform to these standards. Individual parcels shall be deed restricted to address standards that are met in aggregate, but not on a parcel-by-parcel basis. In addition, for each phase, the applicant shall demonstrate, to the satisfaction of the Director, that the overall site is capable of meeting all standards upon completion of the project as a whole.
(4) Except, the following objective design standards shall be modified to meet the realistic capacity identified in the Housing Element:
(a.) 18.24.050(b)(5): Diversity of Housing Types, shall be replaced with the following standard:
Maximum façade length shall be less than or equal to 250 feet. (b.) 18.24.060(b)(7): Parking/Loading/Utilities, shall be replaced with the following standard:
Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path with the exception of vehicular alleys, shall compose no more than 50% of any public frontage. Garage façades fronting on public right-of-way shall be screened with decorative architectural screening (e.g. perforated metal panels, murals), lined with habitable uses, or screened with landscaping (e.g., green wall, climbing vines). (5) Projects providing fewer than 50% of the parking spaces that would be required under Section
18.52.040 shall develop and implement a transportation demand management plan containing, at a minimum: free transit passes for residents; and provision of outlets appropriately spaced for e-bike charging at 20% of bicycle parking spaces.
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8 Figure 2: Pasteur Drive Focus Area
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9 Figure 3: El Camino Real Focus Area
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10 18.14.030 Housing Incen�ve Program (Reserved)
18.14.040 Affordable Housing Incen�ve Program (Reserved)
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11 SECTION 3. Sec�on 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (CHANGES SHOWN IN UNDERLINE STRIKEOUT):
18.12.030 Land Uses
The permited and condi�onally permited uses for the single family residen�al districts are shown in Table 1:
Table 1
PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES
R-1 and all R-1
Subdistricts
Subject to Regula�ons in:
[. . .]
RESIDENTIAL USES
Single-Family P
Two-Family use, under one ownership P 18.42.180
Mobile Homes P 18.42.180
Mul�ple-Family P(2) 18.14.020
Residen�al Care Homes P
[. . .]
(1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot is permited, subject to the provisions of Chapter 18.09. (2) Housing Element opportunity sites (faith-based ins�tu�ons) only.
SECTION 4. Sec�on 18.12.040 (Development Standards) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
18.12.040 Development Standards
(a) Site Specifica�ons, Building Size, Height and Bulk, and Residen�al Density The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2, except:
(1) To the extent such standards may be modified by Sec�on 18.42.180 for two-family uses pursuant to California Government Code Sec�on 65852.21 (SB 9, 2021; (2) On Housing Element opportunity sites (faith-based ins�tu�ons): development standards for Mul�ple-Family uses are iden�fied in Sec�on 18.14.020, which states that sites shall meet the development standards for the RM-30 zoning district, except that Maximum FAR shall be 1.25. [. . .]
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12 SECTION 5. Chapter 18.13: MULTIPLE FAMILY RESIDENTIAL (RM-20, RM-30 AND RM-40) DISTRICTS [. . .]
18.13.040 Development Standards
(a) Site Specifica�ons, Building Size and Bulk, and Residen�al Density The site development regula�ons in Table 2 shall apply in the mul�ple-family residence districts, provided that more restric�ve regula�ons may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regula�ons set forth in Chapter 18.76, and the objec�ve design standards set forth in Chapter 18.24. Except that sites designated as Housing Element Opportunity Sites shall meet the development standards specified in Chapter 18.14.020.
Table 2
Mul�ple Family Residen�al Development Table
RM-20 RM-30 RM-40 Subject to
regula�ons in:
[. . .]
Maximum Site Coverage:
Base 35% 40% 45%
Addi�onal area permited to be covered by
covered pa�os or overhangs otherwise in
compliance with all applicable laws
5% 5% 5%
Maximum Floor Area Ra�o (FAR)(4) 0.5:1 0.6:1 1.0:1
Residen�al Density (units)
Maximum number of units per acre(3) 20 30 40 18.13.040(g)
18.14.020
Minimum number of units per acre(8) 11 16 21 18.14.020
Minimum Site Open Space(5) (percent) 35 30 20 18.13.040(e)
18.14.020
Minimum Usable Open Space (sf per unit)(5) 150 150 150 Minimum common open space (sf per unit) 75 75 75 18.13.040(e) Minimum private open space (sf per unit) 50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23 Landscape Requirements 18.40.130
Parking(6) See provisions of Chapter 18.52 Ch. 18.52
[. . .]
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13 SECTION 6. Chapter 18.20: OFFICE, RESEARCH, AND MANUFACTURING (MOR, ROLM, RP , AND GM) [. . .]
18.20.030 Land Uses
(a) Permited and Condi�onally Permited Land Uses
Table 1 lists the land uses permited or condi�onally permited in the industrial and manufacturing districts.
Table 1
Industrial/Manufacturing District Land Uses
[P = Permited Use CUP = Condi�onal Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5)
GM Subject to Regula�ons
in Chapter:
[. . .]
RESIDENTIAL USES
Single-Family Not permited 18.20.040(b)
Two-Family Not permited
Mul�ple-Family (Housing
Element Opportunity Site) P P P
18.14.020
Mul�ple-Family (Other
Sites) CUP CUP(1) CUP CUP(1)
18.14.020
Residen�al Care Homes P CUP CUP CUP 18.23.100(B)
[. . .]
(1) Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue (see Figure 1), subject to CUP
[. . .]
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14 Figure 1: GM/ROLM Housing Element Focus Area
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15 18.20.040 Site Development Standards
[. . .]
(b) Development Standards for Exclusively Residen�al Uses Residen�al uses shall be permited in the MOR, RP , RP(5), ROLM, ROLM(E), and GM zoning districts, subject to the following criteria.
(1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al or non-residen�al zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest flexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) No new single-family or two-family residen�al development is permited in any of the office, research and manufacturing districts, and no new residen�al development is permited within 300 feet of an exis�ng Hazardous Materials Tier 2 use. Exis�ng single-family and two-family uses and exis�ng residen�al development within 300 feet of an exis�ng Hazardous Materials Tier 2 use shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es).
(3) MOR District. All mul�-family development in the MOR zoning district shall be permited subject to approval of a condi�onal use permit and compliance with the development standards prescribed for the RM-30 zoning district.
(4) RP and RP(5) Districts. All mul�-family development in the RP , and RP(5) zoning districts that is located within 150 feet of an R-E, R-1, R-2, RMD, or similar density residen�al PC zone shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district, including Village Residen�al development types. Mul�-family development in the MOR, RP , and RP(5) zoning districts that is located greater than 150 feet from an R-E, R-1, R-2, RMD, or low density residen�al PC shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (5) ROLM (E) District. All mul�-family development in the ROLM(E) zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district. (6) ROLM District. All mul�-family development in the ROLM zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (7) GM District. All residen�al development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter
18.14.020.
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16 (8) Combining Districts. Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (c) Development Standards for Mixed (Residen�al and Nonresiden�al) Uses in the MOR, ROLM, ROLM(E), RP , and RP(5) zoning Districts
Mixed (residen�al and nonresiden�al) uses shall be permited in the MOR, ROLM, ROLM(E), RP , and RP(5) zoning districts, subject to the following criteria:
(1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al, non-residen�al, or mixed use zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest flexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) New sensi�ve receptor land uses shall not be permited within 300 feet of a Hazardous Materials Tier 2 or Tier 3 use. Exis�ng sensi�ve receptors shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) ROLM(E) District. Mixed (residen�al and nonresiden�al) development in the ROLM(E) zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-20 zoning district. The maximum floor area ra�o (FAR) for mixed use development is 0.3 to 1. (4) ROLM District. Mixed (residen�al and nonresiden�al) development in the ROLM zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-30 zoning district. The maximum floor area ra�o (FAR) for mixed use development is 0.4 to 1. Except that sites designated as Housing Element Opportunity Sites or Focus Areas shall meet the development standards specified in Chapter 18.14.020.
(5) GM District. Mixed use (residen�al and nonresiden�al) development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020.
In compu�ng residen�al densi�es for mixed (residen�al and nonresiden�al) uses, the density calcula�on for the residen�al use shall be based on the en�re site, including the nonresiden�al por�on of the site.
[. . .]
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17 SECTION 7. Chapter 18.16: NEIGHBORHOOD, COMMUNITY , AND SERVICE COMMERCIAL (CN, CC AND CS)
DISTRICTS
[. . .]
18.16.060 Development Standards
[. . .]
(b) Mixed Use and Residen�al
Table 4 specifies the development standards for new residen�al mixed use developments and residen�al developments. These developments shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24,except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter
18.14.020. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet the context-based design criteria outlined in Sec�on 18.16.090, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020.
Table 4
Mixed Use and Residen�al Development Standards
CN CC CC(2) CS Subject to
regula�ons in:
[. . .]
Maximum Site Coverage 50% 50% 100% 50%
Minimum Landscape/Open Space
Coverage 35% 30% 20% 30% 18.14.020
Usable Open Space (Private and/or
Common)
150 sq � per unit (2)
18.16.090
Maximum Height (�)
Standard 35' (4) 50' 37' 50'
Por�ons of a site within 150 �. of an
abu�ng residen�al district (other than
an RM-40 or PC zone) (5)
35' 35' 35' 35' 18.08.030
Daylight Plane for lot lines abu�ng
one or more residen�al zoning
districts
Daylight plane height and slope shall be iden�cal to
those of the most restric�ve residen�al zoning district abu�ng the lot line
Residen�al Density (net) (3) 15 or 20 (9)
See sub-
sec�on
(e)
below
No maximum
30 18.16.060(i)
18.14.020
Sites on El Camino Real No maximum No maximum
Maximum Residen�al Floor Area Ra�o
(FAR) 0.5:1 (4) 0.6:1 0.6:1 18.16.065
18.14.020
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18 CN CC CC(2) CS Subject to
regula�ons in:
[. . .]
Maximum Nonresiden�al Floor Area
Ra�o (FAR) 0.4:1 2.0:1 0.4:1
Total Mixed Use Floor Area Ra�o (FAR) 0.9:1 (4) 2.0:1 1.0:1 18.16.065
18.14.020
Minimum Mixed Use Ground Floor
Commercial FAR (6) 0.15:1(10) 0.15:1(10)
0.25:1 (7) (10) 0.15:1 (10)
Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54
[. . .]
(c) Exclusively Residen�al Uses
Exclusively residen�al uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites iden�fied in the Housing Element, subject to the standards in Sec�on 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following. (1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preserva�on provisions of Sec�on 18.40.180 do not apply, exclusively residen�al uses are allowed subject to the standards in Sec�on 18.16.060(b) and the following addi�onal requirements:
(A) Residen�al units shall not be permited on the ground-floor of development fron�ng on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot effec�ve sidewalk setback along the El Camino Real frontage, whichever is greater. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permited on the ground-floor El Camino Real frontage.
(B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail. (C) Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. //
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19 SECTION 8. Chapter 18.18: DOWNTOWN COMMERCIAL (CD) DISTRICT
18.18.060 Development Standards
[. . .]
(b) Mixed Use and Residen�al
Table 3 specifies the development standards for new residen�al mixed use developments and residen�al developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24. Non- Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet context-based design criteria outlines in Sec�on 18.18.110, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD-C CD-S CD-N Subject to regula�ons
in Sec�on:
[. . .]
Maximum Site Coverage No requirement 50% 50%
Minimum Landscape Open Space
Coverage 20% 30% 35% 18.14.020
Usable Open Space (Private and/or
Common)
150 sq � per unit (1) 18.18.110
Maximum Height (�)
Standard 50' 50' 35' 18.08.030
Por�ons of a site within 150 �. of an
abu�ng residen�al district (other than
an RM-40 or PC zone)(4)
40' 40' 35' 18.08.030
Daylight Plane for lot lines abu�ng
one or more residen�al zoning
districts or a residen�al PC district
Daylight plane height and slope iden�cal to those
of the most restric�ve residen�al zone abu�ng
the lot line
Residen�al Density (net)(2) No maximum 30 30 18.14.020 Maximum Weighted Average
Residen�al Unit Size(5)
1,500 sq � per
unit No maximum No maximum
Maximum Residen�al Floor Area Ra�o
(FAR) 1.0:1(3) 0.6:1(3) 0.5:1(3) 18.14.020,
18.18.065, 18.18.070
Maximum Nonresiden�al Floor Area
Ra�o (FAR) 1.0:1(3) 0.4:1 0.4:1
Item 9
Attachment B - Ordinance
Adopting Amendments to
Title 18 to Implement
Housing Element Program
1.1 Item 9: Staff Report
Pg.
83 Packet Pg. 150 of 511
*NOT YET APPROVED*
20 Total Floor Area Ra�o (FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.14.020,
18.18.065, 18.18.070
Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54
[. . .]
(c) Exclusively Residen�al Uses
(1) Exclusively residen�al uses are allowed in the CD-C subdistrict, except in the ground floor (GF) combining district. However, GF combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (2) Exclusively residen�al uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regula�ons for the mul�-family zone designa�on (RM-20, RM-30, or RM-40) iden�fied for the site in the Housing Element.
SECTION 9. Chapter 18.28 SPECIAL PURPOSE (PF, OS and AC) DISTRICTS [. . .]
18.28.040 Land Uses
Table 1 shows the permited (P) and condi�onally permited (CUP) land uses for the Special Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to Regula�ons
in Chapter:
[. . .]
Single-family dwellings P
Manufactured housing (including mobile homes on
permanent founda�ons)
P 18.40.
Mul�ple-Family (Housing Element Opportunity Site) P 18.14.020 Guest ranches CUP
Residen�al care facili�es, when u�lizing exis�ng
structures on the site
CUP(1)
Residen�al Care Homes P
Residen�al use, and accessory buildings and uses
customarily incidental to permited dwellings;
provided, however, that such permited dwellings
shall be for the exclusive use of the owner or
owners, or lessee or lessor of land upon which the
permited agricultural use is conducted, and the
P
Item 9
Attachment B - Ordinance
Adopting Amendments to
Title 18 to Implement
Housing Element Program
1.1 Item 9: Staff Report
Pg.
84 Packet Pg. 151 of 511
*NOT YET APPROVED*
21 residence of other members of the same family and
bona fide employees of the aforemen�oned
[. . .]
[. . .]
18.28.050 Site Development Standards
(a) Development Standards. On Housing Element opportunity sites (City-owned parking lots):
development standards are iden�fied in Sec�on 18.14.020
Table 2
Special Purpose District Site Development Standards
[. . .]
(b) Open Space Impervious Coverage and Floor Area
(1) Residen�al Use
The impervious coverage and floor area ra�os shall be determined based on a sliding scale calcula�on. Table 3 provides the range of allowable percentages for the calcula�on. Allowable development for other site sizes between 1 and 10 acres shall be calculated on a prorated basis between the acreages shown in Table 3. Except that on Housing Element opportunity sites (City-owned parking lots), development standards are iden�fied in Sec�on 18.14.020.
Table 3
Open Space Residen�al Impervious Coverage and Floor Area Ra�o Scale [. . .]
SECTION 10. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not affect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. //
//
//
//
Item 9
Attachment B - Ordinance
Adopting Amendments to
Title 18 to Implement
Housing Element Program
1.1 Item 9: Staff Report
Pg.
85 Packet Pg. 152 of 511
*NOT YET APPROVED*
22 SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, finding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.1A and 1.1B of the Housing Element, which this ordinance implements.
SECTION 12. This ordinance shall be effec�ve on the thirty-first date a�er the date of its adop�on.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
____________________________
City Clerk Mayor
APPROVED AS TO FORM:
APPROVED:
____________________________
____________________________
Assistant City Atorney City Manager
____________________________
Director of Planning and Development Services
Item 9
Attachment B - Ordinance
Adopting Amendments to
Title 18 to Implement
Housing Element Program
1.1 Item 9: Staff Report
Pg.
86 Packet Pg. 153 of 511
City of Palo Alto
Appendix D: Site Inventory
May 2023
Adopted
2023-2031 Housing Element
Item 9
Attachment C - Housing
Element Program 1.1
Adequate Sites Inventory
Item 9: Staff Report
Pg.
87 Packet Pg. 154 of 511
Table A: Site Inventory
Strategy Site Address/Intersection
5 Digit
ZIP Code
Assessor
Parcel Number
General Plan
Designation (Current)
Zoning Designation
(Current)
Minimum Density
Allowed (units/acre)
Maximum Density
Allowed (units/acre)
Parcel Size
(Acres) Existing Use/Vacancy
Lower
Income Capacity
Moderate
Income Capacity
Above Moderate
Income Capacity
Total
Capacity Year Built
Improvement to
Land Value Ratio CoStar Rating
Multi-Family Allowed 555 UNIVERSITY AV 94301 120-03-024 CC CD-C 0 40 0.17 One story office space (FAR: 0.9) 0 0 5 5 1970 1.01 2 Multi-Family Allowed 435 TASSO ST 94301 120-03-025 CC CD-C 0 40 0.33 Three story office space (FAR: 2.0) 0 10 0 10 1984 1.5 3 Multi-Family Allowed 624 UNIVERSITY AV 94301 120-03-040 MF RM-40 31 40 0.15 Two story office space (FAR: 0.6) 0 0 4 4 1926 0.33 2 Multi-Family Allowed 543 COWPER ST 94301 120-03-067 CC CD-C 0 40 0.23 One story office space (FAR: 0.9) 0 0 7 7 1978 1.47 2 Multi-Family Allowed 330 LYTTON AV 94301 120-15-003 CC CD-C 0 40 0.16 One story restaurant space (FAR: 0.9) 0 0 5 5 1957 1.46 2 Multi-Family Allowed 401 WAVERLEY ST 94301 120-15-007 CC CD-C 0 40 0.22 One story commercial (FAR: 0.5), surface parking 0 0 7 7 1977 1.09 2 Multi-Family Allowed 444 COWPER ST 94301 120-15-014 CC CD-C 0 40 0.14 Surface Parking 0 0 4 4 1900 0.04 Multi-Family Allowed 426 WAVERLEY ST 94301 120-15-039 CC CD-C 0 40 0.12 Two story commercial building (FAR: 0.5) 0 0 3 3 1920 0.32 Multi-Family Allowed 318 UNIVERSITY AV 94301 120-15-058 CC CD-C 0 40 0.18 One story restaurant (FAR: 0.8) 0 0 5 5 1926 0.53 2 Multi-Family Allowed 328 UNIVERSITY AV 94301 120-15-059 CC CD-C 0 40 0.18 One story retail (FAR: 0.8) 0 0 5 5 1926 0.53 2 Multi-Family Allowed 527 WAVERLEY ST 94301 120-15-080 CC CD-C 0 40 0.16 Surface Parking 0 0 5 5 1900 0 Multi-Family Allowed 515 WAVERLEY ST 94301 120-15-081 CC CD-C 0 40 0.18 Surface Parking 0 0 5 5 1900 0 Multi-Family Allowed 550 WAVERLEY ST 94301 120-15-084 CC CD-C 0 40 0.14 One story restaurant (FAR: 0.9) 0 0 4 4 1952 0.91 3 Multi-Family Allowed 560 WAVERLEY ST 94301 120-15-085 CC CD-C 0 40 0.14 Two story restaurant (FAR: 0.9) 0 0 4 4 1938 0.89 2 Multi-Family Allowed 630 COWPER ST 94301 120-16-011 CC CD-C 0 40 0.34 One story office space (FAR: 0.4), surface parking 0 10 0 10 1956 0.45 1 Multi-Family Allowed 464 FOREST AV 94301 120-16-044 SOFA I CAP RM-40 31 40 0.23 One story medical office (FAR: 0.4), surface parking 0 0 7 7 1952 0.39 2 Multi-Family Allowed 163 EVERETT AV 94301 120-25-042 CN CD-N 0 30 0.19 One story office space (FAR: 0.5), surface parking 0 0 4 4 1951 0.7 1 Multi-Family Allowed 525 ALMA ST 94301 120-26-109 CC CD-C 0 40 0.25 One story retail (FAR: 1.0) 0 0 8 8 1948 1.39 2 Multi-Family Allowed 654 HIGH ST 94301 120-27-037 CC CD-C 0 40 0.19 Two story office space 0 0 6 6 1900 0.04 3 Multi-Family Allowed 660 HIGH ST 94301 120-27-039 SOFA II CAP RT-50 0 50 0.14 One story office space (FAR: 0.9) 0 0 5 5 1946 1.3 1 Multi-Family Allowed 701 EMERSON ST 94301 120-27-049 SOFA II CAP RT-35 0 50 0.22 One story commercial (FAR: 0.2), surface parking 0 0 8 8 2003 0.98 1 Multi-Family Allowed 721 EMERSON ST 94301 120-27-072 SOFA II CAP RT-35 0 50 0.12 One story office space (FAR: 0.6), surface parking 0 0 4 4 2003 0.8 1 Multi-Family Allowed 718 EMERSON ST 94301 120-27-073 SOFA II CAP RT-35 0 50 0.12 One story auto service (FAR: 0.8) 0 0 4 4 1950 0.54 1 Multi-Family Allowed 839 EMERSON ST 94301 120-28-033 SOFA II CAP RT-35 0 50 0.12 One story office space (FAR: 0.2), surface parking 0 0 4 4 1959 0.03 2 Multi-Family Allowed 821 EMERSON ST 94301 120-28-036 SOFA II CAP RT-35 0 50 0.12 One story vacant office space (FAR: 0.4), surface parking 0 0 4 4 1966 0.32 2 Multi-Family Allowed 840 EMERSON ST 94301 120-28-037 SOFA II CAP RT-35 0 50 0.48 Surface Parking 0 19 0 19 1959 0.03 2 Multi-Family Allowed 849 HIGH ST 94301 120-28-040 SOFA II CAP RT-35 0 50 0.24 One story office space (FAR: 0.4), surface parking 0 9 0 9 1950 1.49 2 Multi-Family Allowed 875 ALMA ST 94301 120-28-045 SOFA II CAP RT-50 0 50 0.32 One story retail (FAR: 0.7), surface parking 0 12 0 12 1949 0.79 1 Multi-Family Allowed 853 ALMA ST 94301 120-28-046 SOFA II CAP RT-50 0 50 0.16 One story office space (FAR: 0.4), surface parking 0 0 6 6 1927 0.11 2 Multi-Family Allowed 901 HIGH ST 94301 120-28-050 SOFA II CAP RT-35 0 50 0.32 Auto Storage 0 12 0 12 1900 0.01 Multi-Family Allowed 975 HIGH ST 94301 120-28-089 SOFA II CAP RT-35 0 50 0.35 One story office space (FAR: 0.5) 0 14 0 14 1968 0.47 1 Multi-Family Allowed 929 HIGH ST 94301 120-28-090 SOFA II CAP RT-35 0 50 0.12 One story office space (FAR: 0.4), surface parking 0 0 4 4 1955 0.2 1 Multi-Family Allowed 925 HIGH ST 94301 120-28-091 SOFA II CAP RT-35 0 50 0.14 Auto Storage 0 0 5 5 0.01 Multi-Family Allowed 940 HIGH ST 94301 120-28-092 SOFA II CAP RT-35 0 50 0.18 Auto garage 0 0 7 7 1946 0.63 2 Multi-Family Allowed 960 HIGH ST 94301 120-28-093 SOFA II CAP RT-35 0 50 0.12 Auto garage 0 0 4 4 1947 0.59 1 Multi-Family Allowed 917 ALMA ST 94301 120-28-097 SOFA II CAP RT-50 0 50 0.24 One story office space (FAR: 0.9) 0 9 0 9 1929 1.2 2 Multi-Family Allowed 829 EMERSON ST 94301 120-28-099 SOFA II CAP RT-35 0 50 0.19 One story retail (FAR: 0.4), surface parking 0 0 7 7 1962 0.9 2 Multi-Family Allowed 1015 ALMA ST 94301 120-30-049 SOFA II CAP RT-35 0 50 0.12 One story commercial (FAR: 0.2) 0 0 4 4 1955 1.25 2 Multi-Family Allowed 466 GRANT AV 94306 124-33-037 MF RM-40 31 40 0.19 Residential (1) 0 0 5 5 1900 0.02 Item 9
Attachment C - Housing Element
Program 1.1 Adequate Sites
Inventory
Item 9: Staff Report
Pg.
88 Packet Pg. 155 of 511
Table B: Sites Identified to be Rezoned to Accommodate Shortfall Housing Need Strategy Site Address/Intersection
5 Digit
ZIP Code
Assessor
Parcel Number
Very Low-
Income Low-Income
Moderate-
Income
Above
Moderate-Income
Parcel Size
(Acres)
Current General
Plan Designation
Current
Zoning
Proposed General Plan (GP)
Designation
Proposed
Zoning
Minimum
Density Allowed
Maximum
Density Allowed
Total
Capacity Description of Existing Uses
Year
Built
Improvement to
Land Value Ratio
CoStar
Rating
Upzone 2011 EL CAMINO REAL 94306 124-31-024 0 0 0 4 0.2 CN CN CN CN 0 40 4 One story retail (FAR: 0.6), surface parking 1930 0.62 Upzone LEGHORN ST 94303 147-05-012 9 10 0 8 0.85 CS CS CS CS 0 40 27 Auto storage 1900 0 Upzone 725 UNIVERSITY AV 94301 003-02-021 0 0 8 0 0.25 MF RM-30 MF RM-30 16 40 8 One story medical office (FAR: 0.4), surface parking 1954 0.41 1 Upzone 701 UNIVERSITY AV 94301 003-02-022 0 0 8 0 0.25 MF RM-30 MF RM-30 16 40 8 One story medical office (FAR: 0.5), surface parking 1959 0.12 2 Upzone 435 MIDDLEFIELD RD 94301 003-02-023 0 0 7 0 0.23 MF RM-30 MF RM-30 16 40 7 One story medical office (FAR: 0.5), surface parking 1961 0.91 0.25 Upzone 720 UNIVERSITY AV 94301 003-02-047 0 0 13 0 0.41 MF RM-30 MF RM-30 16 40 13 One story office space (FAR: 0.5), surface parking 1954 0.37 2 Upzone 827 MIDDLEFIELD RD 94301 003-32-064 0 0 4 0 0.23 MF RM-20 MF RM-20 8 30 4 Residential (1) 1926 0.21 Upzone 853 MIDDLEFIELD RD 94301 003-32-094 4 4 0 4 0.8 MF RM-20 MF RM-20 8 30 12 One story medical offices (FAR: 0.5), surface parking 1952 0.57 2 Upzone MIDDLEFIELD RD 94301 120-03-046 0 0 0 3 0.13 MF RM-20 MF RM-20 8 30 3 Surface Parking 1900 0.02 Upzone 660 MIDDLEFIELD RD 94301 120-04-017 0 0 6 0 0.29 MF RM-20 MF RM-20 8 30 6 One story medical offices (FAR: 0.4), surface parking 1951 0.29 2 Upzone 643 WEBSTER ST 94301 120-04-022 0 0 0 6 0.23 MF RM-30 MF RM-30 16 40 6 Residential (1) 1903 0.03 Upzone 744 MIDDLEFIELD RD 94301 120-04-053 0 0 8 0 0.37 MF RM-20 MF RM-20 8 30 8 One story medical offices (FAR: 0.5), surface parking 1956 0.69 Upzone 652 HOMER AV 94301 120-05-008 5 6 0 4 0.64 MF RM-20 MF RM-20 8 30 15 One story medical offices (FAR: 0.5), surface parking 1956 0.36 2 Upzone 850 MIDDLEFIELD RD 94301 120-05-011 5 6 0 4 0.66 MF RM-20 MF RM-20 8 30 15 One story medical offices (FAR: 0.7), surface parking 1955 0.47 2 Upzone 884 MIDDLEFIELD RD 94301 120-05-012 0 0 5 0 0.23 MF RM-20 MF RM-20 8 30 5 One story medical offices (FAR: 0.6), surface parking 1953 0.69 1 Upzone 343 COWPER ST 94301 120-10-044 0 0 0 6 0.19 MF RM-30 MF RM-30 16 40 6 Two story office space (FAR: 0.5), surface parking 1907 0.13 Upzone 720 COWPER ST 94301 120-16-046 0 0 7 0 0.23 MF RM-30 MF RM-30 16 40 7 One story medical office (FAR: 0.6), surface parking 1973 0.49 1 Upzone 116 EMERSON ST 94301 120-24-019 0 0 4 0 0.24 MF RM-20 MF RM-20 8 30 4 Residential (1) 1922 0.92 Upzone 124 EMERSON ST 94301 120-24-020 0 0 4 0 0.24 MF RM-20 MF RM-20 8 30 4 Residential (1) 1926 0.35 Upzone 262 HAWTHORNE AV 94301 120-25-158 0 0 0 4 0.16 MF RM-30 MF RM-30 16 40 4 Residential (1) 1918 0.97 Upzone 202 BRYANT ST 94301 120-25-159 0 0 0 4 0.16 MF RM-30 MF RM-30 16 40 4 Residential (1) 1918 0.61 Upzone 75 ENCINA AV 94301 120-33-003 0 0 0 4 0.13 CS CS CS CS 0 40 4 One story office space (FAR: 1.0) 1958 0.44 1 Upzone 63 ENCINA AV 94301 120-33-004 0 0 0 8 0.27 CS CS CS CS 0 40 8 One story office space (FAR: 1.0) 1941 1.17 1 Upzone 27 ENCINA AV 94301 120-33-010 0 0 0 5 0.16 CS CS CS CS 0 40 5 Surface parking 1900 Upzone 825 EL CAMINO REAL 94301 120-33-011 0 0 0 6 0.2 CS CS CS CS 0 40 6 One story medcial offices (FAR: 0.5), surface parking 1955 0.37 1 Upzone 805 EL CAMINO REAL 94301 120-33-012 0 0 0 7 0.24 CS CS CS CS 0 40 7 One story medcial offices (FAR: 0.5) 1940 0.56 2 Upzone 841 EL CAMINO REAL 94301 120-34-001 7 7 0 6 0.64 CS CS CS CS 0 40 20 One story car wash (FAR: 0.2), surface parking 1973 0 2 Upzone 116 COLERIDGE AV 94301 124-17-003 0 0 4 0 0.23 MF RM-20 MF RM-20 8 30 4 Residential (1) 1952 0.09 Upzone 119 SEALE AV 94301 124-18-045 0 0 4 0 0.23 MF RM-20 MF RM-20 8 30 4 Residential (1) 1966 0.53 2 Upzone 114 SEALE AV 94301 124-18-050 0 0 4 0 0.23 MF RM-20 MF RM-20 8 30 4 Residential (1) 1962 0.55 Upzone 127 RINCONADA AV 94301 124-18-095 0 0 4 0 0.23 MF RM-20 MF RM-20 8 30 4 Residential (1) 1932 0.14 Upzone 122 RINCONADA AV 94301 124-19-003 0 0 0 4 0.23 MF RM-20 MF RM-20 8 30 4 Residential (1) 1925 0.78 2 Upzone 1681 EL CAMINO REAL 94306 124-25-044 4 5 0 4 0.91 MF RM-20 MF RM-20 8 30 13 One story medical offices (FAR: 0.5), surface parking 1939 0.11 2 Upzone 2181 PARK BL 94306 124-27-038 0 0 8 0 0.25 MF RM-30 MF RM-30 16 40 8 Two story office space (FAR: 1.2), surface parking 1957 1.07 2 Upzone 325 COLLEGE AV 94306 124-28-013 0 0 0 5 0.2 MF RM-30 MF RM-30 16 40 5 Residential (1) 1938 0.23 Upzone 1921 EL CAMINO REAL 94301 124-30-017 0 0 10 0 0.43 CN CN CN CN 0 30 10 One story restaurant (FAR: 0.4), surface parking 1945 0.98 2 Upzone 2137 EL CAMINO REAL 94306 124-31-058 0 0 7 0 0.32 CN CN CN CN 0 30 7 Surface Parking 1900 0.01 Upzone 2127 EL CAMINO REAL 94301 124-31-059 0 0 6 0 0.25 CN CN CN CN 0 30 6 One story office space (0.6), surface parking 1940 0.91 2 Upzone 430 CAMBRIDGE AV 94306 124-32-009 0 0 0 4 0.14 CC CC CC CC 0 40 4 One story tutoring center/ office space (FAR: 1.0) 1958 1.33 2 Upzone 456 CAMBRIDGE AV 94306 124-32-012 0 0 0 5 0.16 CC CC CC CC 0 40 5 One story retail (FAR: 1.0) 1951 0.82 2 Upzone 417 COLLEGE AV 94306 124-32-026 0 0 0 5 0.2 MF RM-30 MF RM-30 16 40 5 Residential (1) 1948 0.6 Upzone 371 COLLEGE AV 94306 124-32-031 0 0 0 5 0.2 MF RM-30 MF RM-30 16 40 5 Residential (1) 1949 0.08 Upzone 2401 EL CAMINO REAL 94306 124-33-061 0 0 0 7 0.24 CC CC CC CC 0 40 7 One story commercial (FAR: 0.5), surface parking 1975 0.56 3 Upzone 4151 MIDDLEFIELD RD 94301 127-15-023 4 5 0 4 0.93 MF RM-20 MF RM-20 8 30 13 Two story office space (FAR: 0.6), surface parking 1961 1.26 3 Upzone 2801 MIDDLEFIELD RD 94306 127-34-052 0 0 0 4 0.17 CN CN CN CN 0 30 4 Two story office space (FAR: 0.4), surface parking 1986 1 2 Upzone 708 COLORADO AV 94306 127-34-054 0 0 0 3 0.13 CN CN CN CN 0 30 3 One story commercial (FAR: 0.5), surface parking 1968 1.14 2 Upzone 706 COLORADO AV 94306 127-34-092 0 0 0 4 0.18 CN CN CN CN 0 30 4 One story retail FAR: 0.8), surface parking 1954 1.27 2 Upzone 2741 MIDDLEFIELD RD 94306 127-34-095 0 0 0 5 0.22 CN CN CN CN 0 30 5 Two story retail (FAR: 0.5) 1956 1.43 3 Upzone 2811 MIDDLEFIELD RD 94306 127-34-098 15 15 0 12 1.74 CN CN CN CN 0 30 42 One story commercial (FAR: 0.5), surface parking 1964 0.1 2 Upzone 3200 MIDDLEFIELD RD 94306 132-10-148 0 0 8 0 0.37 MF RM-20 MF RM-20 8 30 8 One story medical offices (FAR: 0.5) 1957 0.68 0.31 Upzone 460 LAMBERT AV 94306 132-38-017 0 0 0 7 0.22 CS CS CS CS 0 40 7 Surface parking 1937 0.08 Upzone 3200 ASH ST 94306 132-38-045 0 0 0 12 0.39 CS CS CS CS 0 40 12 One story office space FAR: 0.6) 1975 1.2 2 Upzone 3260 ASH ST 94306 132-38-047 0 0 0 7 0.22 CS CS CS CS 0 40 7 One story office space (FAR: 0.5), surface parking 1998 0.49 2 Upzone 268 LAMBERT AV 94306 132-38-048 0 0 11 0 0.35 CS CS CS CS 0 40 11 One story office space (FAR: 0.5), surface parking 1963 0.65 2 Upzone 320 LAMBERT AV 94306 132-38-058 0 0 8 0 0.28 CS CS CS CS 0 40 8 One story retail (FAR: 0.5), surface parking 1978 0.42 2 Upzone 425 PORTAGE AV 94306 132-38-068 0 0 0 12 0.4 CS CS CS CS 0 40 12 One story commercial (FAR: 0.8) 1951 0.12 1 Upzone 3337 EL CAMINO REAL 94306 132-39-005 0 0 0 5 0.17 CS CS CS CS 0 40 5 Two story vacant office space (FAR: 0.9) 1938 0.72 2 Upzone 411 LAMBERT AV 94306 132-39-017 0 0 0 5 0.16 CS CS CS CS 0 40 5 One story commercial (FAR: 0.6), vacant 1900 0 Upzone 3339 EL CAMINO REAL 94306 132-39-074 0 0 0 11 0.36 CS CS CS CS 0 40 11 One story lodging Berbeda Place (FAR: 0.5), surface parking 1955 0.75 2 Upzone EL CAMINO REAL 94306 132-39-075 0 0 0 4 0.18 CN CN CN CN 0 30 4 Surface Parking Upzone 3345 EL CAMINO REAL 94306 132-39-080 0 0 0 7 0.22 CS CS CS CS 0 40 7 One story restaurant (FAR: 0.5), surface parking 1968 0.37 2 Upzone 455 LAMBERT AV 94306 132-39-087 0 0 0 10 0.32 CS CS CS CS 0 40 10 One story office space (FAR: 0.5), surface parking 1965 0.57 2 Upzone 3691 EL CAMINO REAL 94306 132-40-062 0 0 6 0 0.25 CN CN CN CN 0 30 6 One story restaurant (FAR: 0.6), surface parking 1946 0.92 2 Upzone 397 CURTNER AV 94306 132-41-025 0 0 0 4 0.19 MF RM-30 MF RM-30 16 40 4 Residential (2) 1954 0.73 2 Upzone 3825 EL CAMINO REAL 94301 132-41-088 0 0 0 11 0.35 CS CS CS CS 0 40 11 One story medical office (FAR: 0.4), Surface parking 1963 0.2 2 Upzone 3839 EL CAMINO REAL 94306 132-41-089 0 0 0 5 0.17 CS CS CS CS 0 40 5 One story auto service (FAR: 0.5), surface parking 1947 0.68 2 Upzone 3929 EL CAMINO REAL 94306 132-42-068 0 0 0 5 0.17 CS CS CS CS 0 40 5 One story retail (FAR: 0.4), surface parking 1948 0.49 2 Upzone 3939 EL CAMINO REAL 94306 132-42-070 0 0 0 5 0.17 CS CS CS CS 0 40 5 One story retail (FAR: 0.4), surface parking 1948 0.7 2 Upzone 3903 EL CAMINO REAL 94306 132-42-072 5 6 0 5 0.53 CS CS CS CS 0 40 16 One retail (FAR: 0.5), surface parking 1997 1.06 3 Upzone 3901 EL CAMINO REAL 94301 132-42-073 12 13 0 11 1.1 MF RM-30 MF RM-30 16 40 36 One story lodging (FAR: 0.4), surface parking 1956 1.09 0.38 Upzone 4085 EL CAMINO WY 94306 132-43-153 6 6 0 5 0.71 CN CN CN CN 0 30 17 One story retail Goodwill Donation Center (FAR: 0.4), surface parking 1985 0.71 3 Upzone 4127 EL CAMINO REAL 94306 132-46-104 0 0 10 0 0.45 CN CN CN CN 0 30 10 Two story office space (FAR: 0.3), surface parking 1963 0.14 2 Upzone 4195 EL CAMINO REAL 94301 132-46-119 0 0 0 11 0.35 CS CS CS CS 0 40 11 One story auto service (FAR: 0.3), surface parking 1989 0.89 3 Upzone 2754 MIDDLEFIELD RD 94306 132-55-029 4 5 0 4 0.55 CN CN CN CN 0 30 13 One story Retail (FAR: 0.5), surface parking 1952 0.61 2 Upzone 564 COLLEGE AV 94306 137-01-036 0 0 0 3 0.13 CN CN CN CN 0 30 3 One story office space (FAR: 0.5) 1949 0.47 2 Upzone 2280 EL CAMINO REAL 94301 137-01-113 0 0 10 0 0.43 CN CN CN CN 0 30 10 Fast food restaurant (FAR: 0.2), surface parking 1969 0.07 2 Upzone 2080 EL CAMINO REAL 94306 137-01-132 0 0 7 0 0.31 CN CN CN CN 0 30 7 One story retail (FAR: 0.9) 1961 1.18 2 Upzone KENDALL AV 94306 137-08-033 0 0 0 3 0.13 CN CN CN CN 0 30 3 Vacant Upzone 3636 EL CAMINO REAL 94301 137-08-078 0 0 6 0 0.25 CN CN CN CN 0 30 6 One story restaurant (FAR: 0.4), surface parking 1953 0.09 2 Upzone 3516 EL CAMINO REAL 94301 137-08-079 0 0 0 7 0.23 CS CS CS CS 0 40 7 One story retail space (FAR: 0.7), surface parking 1946 0.1 2 Upzone 3606 EL CAMINO REAL 94301 137-08-080 5 6 0 5 0.65 CN CN CN CN 0 30 16 Vacant 0 Upzone 3630 EL CAMINO REAL 94301 137-08-081 0 0 8 0 0.37 CN CN CN CN 0 30 8 Two story office space (FAR 0.6), surface parking 1963 1.39 2 Upzone 3508 EL CAMINO REAL 94301 137-08-088 0 0 7 0 0.24 CS CS CS CS 0 40 7 One story auto service (FAR: 0.3), surface parking 1950 0.16 2 Upzone 3666 EL CAMINO REAL 94301 137-08-097 0 0 6 0 0.25 CN CN CN CN 0 30 6 Two story office space (FAR: 0.4), surface parking 1931 0.46 0.44 Upzone 3700 EL CAMINO REAL 94301 137-11-078 0 0 8 0 0.36 CN CN CN CN 0 30 8 One story retail (FAR: 0.2), surface parking 1953 0.01 Upzone 3972 EL CAMINO REAL 94301 137-11-091 0 0 0 6 0.25 CN CN CN CN 0 30 6 One story auto service and gas station (FAR: 0.6), surface parking 1959 0.27 2 Upzone 4146 EL CAMINO REAL 94301 137-24-034 6 7 0 5 0.77 MF RM-20 MF RM-20 8 30 18 Vacant 0 Upzone 4201 MIDDLEFIELD RD 94301 147-05-086 0 0 10 0 0.32 CS CS CS CS 0 40 10 One story auto service (FAR: 0.3), surface parking 1992 1.09 3 Upzone 716-720 SAN ANTONIO RD 94303 147-05-087 15 15 0 13 1.36 CS CS CS CS 0 40 43 One story retail space (FAR: 0.5), surface parking 1965 0.44 2 Upzone 760 SAN ANTONIO RD 94303 147-05-091 7 7 0 6 0.65 CS CS CS CS 0 40 20 One story retail (FAR: 0.5), surface parking 1975 0.49 2 Upzone 780 SAN ANTONIO RD 94303 147-05-092 0 0 13 0 0.42 CS CS CS CS 0 40 13 One story auto service (FAR: 0.3), surface parking 1988 0.14 3 Upzone 3902 MIDDLEFIELD RD 94303 147-08-048 21 21 0 17 4.26 CN CN CN CN 0 30 59 One story commercial/retail (FAR: 0.4), surface parking 0.08 3 Upzone 3900 MIDDLEFIELD RD 94303 147-08-049 0 0 6 0 0.29 CN CN CN CN 0 30 6 One story commercial (FAR: 0.5), surface parking 1958 0.07 2 Upzone 320 SAN ANTONIO RD 94306 147-09-069 8 9 0 7 0.76 MF;RO RM-30 MF;RO RM-30 16 40 24 Vacant 0 Upzone 4279 EL CAMINO REAL 94306 148-01-016 9 9 0 8 0.8 CS CS CS CS 0 40 26 Two story lodging (FAR: 0.7), surface parking 1961 0.52 2 Upzone 4335 EL CAMINO REAL 94301 148-09-010 0 0 12 0 0.4 CS CS CS CS 0 40 12 One story commercial (FAR: 0.7), surface parking 1966 1.21 2 Upzone 4291 EL CAMINO REAL 94301 148-09-014 8 8 0 7 1.16 CS CS CS CS 0 40 23 Two story commercial (FAR: 0.6), surface parking 1957 0.33 2 Upzone 4230 EL CAMINO REAL 94301 167-08-030 5 6 0 5 0.52 CS CS CS CS 0 40 16 One story car rental (FAR: 0.4), Surface parking 1950 0.05 3 Upzone 4238 EL CAMINO REAL 94306 167-08-031 7 7 0 6 0.65 CS CS CS CS 0 40 20 Two story lodging, The Palo Alto Inn (FAR: 0.5), surface parking 1953 0.37 0.96 Upzone 4232 EL CAMINO REAL 94301 167-08-036 0 0 0 13 0.43 CS CS CS CS 0 40 13 One story preschool (FAR: 0.5), surface parking 1954 1.08 2 Upzone 4224 EL CAMINO REAL 94301 167-08-037 7 7 0 6 0.63 CS CS CS CS 0 40 20 One story restaurant (FAR: 0.5), surface parking 1946 0.41 2 Caltrain Station 530 LYTTON AV 94301 120-03-070 7 8 0 6 0.67 CC CD-C CC CD-C 0 40 21 Four story office building (FAR: 0.8) 1906 2 Caltrain Station 343 HAWTHORNE AV 94301 120-12-019 0 0 0 6 0.25 MF RM-20 MF RM-20 8 40 6 Residential (2) 1959 1.35 Caltrain Station 221 BRYANT ST 94301 120-14-011 0 0 0 3 0.13 MF RM-20 MF RM-20 8 40 3 Residential (1) 1928 0.08 Caltrain Station 305 LYTTON AV 94301 120-14-101 0 0 7 0 0.23 CC CD-C CC CD-C 0 40 7 Two story office space (FAR: 1.2), surface parking 1980 1.14 2 Caltrain Station 170 EMERSON ST 94301 120-24-025 0 0 0 3 0.13 MF RM-20 MF RM-20 8 50 3 Residential (2) 1912 0.72 Caltrain Station 230 EMERSON ST 94301 120-25-036 0 0 0 4 0.13 MF RM-20 MF RM-20 8 50 4 Residential (1) 1901 0.39 Caltrain Station 251 HIGH ST 94301 120-25-043 0 0 0 7 0.19 CC CD-N CC CD-N 0 50 7 One story dentist office (FAR: 0.8) 1956 1.32 2 Caltrain Station 291 ALMA ST 94301 120-25-056 0 0 0 5 0.13 CC CD-N CC CD-N 0 50 5 One story office building (FAR: 0.5) 1959 0.01 1 Caltrain Station 326 BRYANT ST 94301 120-25-070 0 0 0 4 0.12 MF RM-30 MF RM-30 16 50 4 Two story medical office space (FAR: 0.7) 1946 0.63 1 Caltrain Station 324 EMERSON ST 94301 120-25-094 0 0 0 4 0.13 MF RM-30 MF RM-30 16 50 4 Residential (1) 1911 0.43 Caltrain Station 345 HIGH ST 94301 120-25-100 0 0 0 4 0.13 MF RM-30 MF RM-30 16 50 4 Residential (1) 1990 1.08 Caltrain Station 412 EMERSON ST 94301 120-26-106 0 0 0 6 0.15 CC CD-C CC CD-C 0 50 6 One story restaurant (FAR: 0.9) 1958 0.5 2 Caltrain Station 640 RAMONA ST 94301 120-27-015 0 0 0 4 0.12 CC CD-C CC CD-C 0 50 4 One story restaurant (FAR: 0.9) 1910 1 3 Caltrain Station 227 FOREST AV 94301 120-27-017 0 0 0 4 0.12 CC CD-C CC CD-C 0 50 4 Two story office space (1.0) 1965 1.32 2 Caltrain Station 635 HIGH ST 94301 120-27-034 0 0 0 4 0.12 CC CD-C CC CD-C 0 50 4 One story office space (FAR: 0.8) 1946 0.08 1 Caltrain Station 160 HOMER AV 94301 120-28-005 0 0 0 4 0.14 SOFA II CAP RT-35 SOFA II CAP RT-35 0 40 4 Surface Parking 1961 0.03 Caltrain Station 828 BRYANT ST 94301 120-28-018 0 0 0 4 0.13 SOFA I CAP AMF SOFA I CAP AMF 0 40 4 One story office space (FAR: 0.4) 1900 0.72 2 Caltrain Station 145 ADDISON AV 94301 120-28-094 0 0 0 5 0.18 SOFA II CAP RT-35 SOFA II CAP RT-35 0 40 5 One story office space (FAR: 0.4), surface parking 1950 0.77 2 Caltrain Station 100 ADDISON AV 94301 120-30-050 0 0 7 0 0.24 SOFA II CAP RT-35 SOFA II CAP RT-35 0 40 7 One story preschool (FAR: 0.4), surface parking 1980 2 Caltrain Station 330 BRYANT ST 94301 120-65-002 0 0 0 3 0.13 MF RM-30 MF RM-30 16 50 3 Residential (2) 1982 1 Caltrain Station 106 RINCONADA AV 94301 124-19-001 0 0 0 3 0.11 MF RM-20 MF RM-20 8 50 3 Residential (1) 1925 0.06 Caltrain Station 114 RINCONADA AV 94301 124-19-002 0 0 0 3 0.11 MF RM-20 MF RM-20 8 50 3 Residential (1) 1925 0.4 Caltrain Station 2151 PARK BL 94306 124-27-039 0 0 10 0 0.26 MF RM-30 MF RM-30 16 50 10 Two story office building (FAR: 1.2), surface parking 1958 1.05 2 Caltrain Station PARK BL 94306 124-28-003 0 0 0 11 0.29 CC CC CC CC 0 50 11 Surface Parking 1900 Caltrain Station 2211 PARK BL 94306 124-28-043 0 0 14 0 0.35 MF RM-30 MF RM-30 16 50 14 One stury office building (FAR: 0.5), surface parking 1956 0.33 2 Caltrain Station 1963 EL CAMINO REAL 94306 124-30-015 0 0 8 0 0.28 CN CN CN CN 0 40 8 Auto service and convience store (FAR: 0.5) 1950 0.05 2 Caltrain Station 1885EL CAMINO REAL 94306 124-30-060 0 0 0 4 0.13 CN CN CN CN 0 40 4 Two story office space (FAR: 1.0), surface parking 1.5 2 Caltrain Station 1895 EL CAMINO REAL 94306 124-30-061 0 0 0 5 0.16 CN CN CN CN 0 40 5 Two story office space (FAR: 0.4) 1.49 2 Caltrain Station 2001 EL CAMINO REAL 94306 124-31-025 0 0 0 5 0.18 CN CN CN CN 0 40 5 One story retail (FAR: 0.4) 1953 0.18 Caltrain Station CAMBRIDGE AV 94306 124-32-050 7 7 0 6 0.65 CC PF CC PF 0 40 20 Parking structure 1910 Caltrain Station 415 CAMBRIDGE AV 94306 124-32-052 0 0 0 4 0.13 CC CC CC CC 0 40 4 Two story vacant office building (FAR: 0.8) 0.87 2 Caltrain Station 2455 EL CAMINO REAL 94306 124-33-008 0 0 12 0 0.38 CC CC CC CC 0 40 12 Two story lodging (FAR: 0.7), surface parking 1970 0.1 2 Caltrain Station 445 SHERMAN AV 94306 124-33-043 0 0 8 0 0.28 CC CC CC CC 0 40 8 Two story office space (FAR: 1.0) 1975 0.61 3 Caltrain Station 3197 PARK BL 94306 132-26-076 8 8 0 7 0.59 LI GM LI GM 0 50 23 One story office space (FAR: 0.6), surface parking 1.43 2 Caltrain Station 3040 PARK BL 94306 132-32-036 0 0 0 6 0.17 LI GM LI GM 0 50 6 One story office space (FAR: 0.4) 1953 0.9 1 Caltrain Station PARK BL 94306 132-32-042 0 0 8 0 0.28 MF RM-30 MF RM-30 16 40 8 Surface Parking 1961 Caltrain Station PARK BL 94306 132-32-043 15 16 0 13 1.38 MF RM-30 MF RM-30 16 40 44 Surface Parking 1950 Caltrain Station 404 SHERIDAN AV 94306 132-36-025 0 0 0 4 0.11 MF RM-40 MF RM-40 31 50 4 Surface Parking Caltrain Station 2673 EL CAMINO REAL 94306 132-36-077 7 7 0 6 0.64 CN CN CN CN 0 40 20 One story retail (FAR: 0.3), surface parking 1970 0.59 2 Caltrain Station 2805 EL CAMINO REAL 94306 132-37-067 0 0 12 0 0.39 CS CS CS CS 0 40 12 One story retail (FAR: 0.4), surface parking 1946 0.92 2 Caltrain Station 555 COLLEGE AV 94306 137-01-069 0 0 15 0 0.48 CN CN CN CN 0 40 15 Single story office space (FAR: 0.5), surface parking 1958 0.57 2 Caltrain Station 2200 EL CAMINO REAL 94306 137-01-070 0 0 13 0 0.41 CN CN CN CN 0 40 13 Auto service and convience store (FAR: 0.2), surface parking 1990 0.19 2 Caltrain Station YALE ST 94306 137-01-078 0 0 0 4 0.14 CN CN CN CN 0 40 4 Surface Parking 1958 Caltrain Station 2000 EL CAMINO REAL 94306 137-01-116 0 0 8 0 0.27 CN CN CN CN 0 40 8 One story restaurant (FAR: 0.4), surface parking 1.14 2 Caltrain Station 577 COLLEGE AV 94306 137-01-125 0 0 14 0 0.44 CN CN CN CN 0 40 14 Two story office space (FAR: 0.8), surface parking 1958 1.24 3 Caltrain Station 2310 EL CAMINO REAL 94306 137-01-129 8 9 0 7 0.76 CN CN CN CN 0 40 24 One story restaurant (FAR: 0.4), surface parking 1924 1.39 3 Caltrain Station 2400 EL CAMINO REAL 94306 142-20-012 8 9 0 7 0.75 CS CS CS CS 0 40 24 Two Story Office Building 1.01 2 Caltrain Station NITA AV 94306 147-09-056 18 18 0 14 1.25 RO ROLM RO ROLM 0 50 50 Surface Parking Transit Corridor 105 LOWELL AV 94301 124-17-035 0 0 0 2 0.11 MF RM-20 MF RM-20 8 40 2 Residential (1) 1948 0.11 Transit Corridor 114 LOWELL AV 94301 124-17-040 0 0 0 4 0.17 MF RM-20 MF RM-20 8 40 4 Residential (1) 1985 0.45 Transit Corridor 120 LOWELL AV 94301 124-17-041 0 0 0 4 0.17 MF RM-20 MF RM-20 8 40 4 Residential (1) 1988 0.42 Transit Corridor 126 LOWELL AV 94301 124-17-042 0 0 0 4 0.17 MF RM-20 MF RM-20 8 40 4 Residential (1) 1994 0.13 Transit Corridor 211 MANZANITA AV 94306 124-24-008 0 0 0 3 0.14 MF RM-20 MF RM-20 8 40 3 Residential (1) 1937 0.99 Transit Corridor 12 CHURCHILL AV 94306 124-24-025 0 0 0 2 0.14 MF RM-20 MF RM-20 8 40 2 Residential (2) 1945 0.09 Transit Corridor 16 CHURCHILL AV 94306 124-24-026 0 0 0 3 0.14 MF RM-20 MF RM-20 8 40 3 Residential (1) 1945 0.2 Transit Corridor LAMBERT AV 94306 132-38-018 0 0 0 7 0.23 CS CS CS CS 0 40 7 Surface parking 1955 0.03 Transit Corridor 3457 EL CAMINO REAL 94306 132-39-077 0 0 0 4 0.15 CN CN CN CN 0 40 4 One story retail (FAR: 0.6) 1950 1.11 1 Transit Corridor 3487 EL CAMINO REAL 94306 132-39-078 0 0 0 6 0.2 CN CN CN CN 0 40 6 Two story retail (FAR: 0.8), surface parking 1963 0.6 2 Transit Corridor 3505 EL CAMINO REAL 94306 132-40-060 0 0 0 4 0.14 CN CN CN CN 0 40 4 Two story office space (FAR: 0.3) 1950 1.26 2 Transit Corridor 3545 EL CAMINO REAL 94306 132-40-063 0 0 0 4 0.14 CN CN CN CN 0 40 4 Two story retail (FAR: 0.4) 1969 1.34 2 Transit Corridor 3897 EL CAMINO REAL 94306 132-41-086 0 0 0 10 0.36 CS CS CS CS 0 40 10 One story car wash (FAR: 0.2) 2000 0.52 3 Transit Corridor 4131 EL CAMINO WY 94306 132-44-010 0 0 0 5 0.16 CN CN CN CN 0 40 5 One story restaurant (FAR: 0.4) surface parking 1956 0.43 3 Transit Corridor 4125 EL CAMINO WY 94306 132-44-012 0 0 0 5 0.18 CN CN CN CN 0 40 5 One story art school (FAR: 0.7) 1955 1.11 2 Transit Corridor 4123 EL CAMINO REAL 94306 132-46-103 0 0 0 6 0.2 CN CN CN CN 0 40 6 One story restaurant (FAR: 0.3)surface parking 1960 0.64 2 Transit Corridor 4117 EL CAMINO REAL 94306 132-46-105 0 0 0 5 0.16 CN CN CN CN 0 40 5 One story office space (FAR: 0.2), surface parking 1983 0.85 3 Transit Corridor 4113 EL CAMINO REAL 94306 132-46-116 0 0 0 6 0.21 CN CN CN CN 0 40 6 One story restaurant (FAR: 0.4) 1990 1.09 3 Transit Corridor EL CAMINO REAL 94306 137-11-074 0 0 0 3 0.12 CN CN CN CN 0 40 3 Surface parking Transit Corridor 3760 EL CAMINO REAL 94306 137-11-079 0 0 0 3 0.12 CN CN CN CN 0 40 3 Surface parking 0.04 Transit Corridor 3924 EL CAMINO REAL 94306 137-11-084 0 0 0 5 0.16 CN CN CN CN 0 40 5 One story commercial (FAR: 0.98) 1934 0.57 3 Transit Corridor 3944 EL CAMINO REAL 94306 137-11-085 0 0 0 7 0.22 CN CN CN CN 0 40 7 One story retail space (FAR: 0.5) 1987 0.49 3 Transit Corridor 3864 EL CAMINO REAL 94306 137-11-089 0 0 0 5 0.18 CN CN CN CN 0 40 5 One story restaurant (FAR: 0.5) 1956 1.19 0.45 Transit Corridor 3780 EL CAMINO REAL 94306 137-11-098 0 0 7 0 0.24 CN CN CN CN 0 40 7 One story retail (FAR: 0.4) 1950 0.13 0.42 Transit Corridor MAYBELL AV 94306 137-24-045 4 4 0 3 0.56 CN RM-20 CN RM-20 8 40 11 Surface parking 0.02 Transit Corridor 4170 EL CAMINO REAL 94306 137-24-046 11 12 0 10 1.01 CS CS CS CS 0 40 33 One story retail store (FAR: 0.5), surface parking 1996 1.01 3 Transit Corridor 561 VISTA AV 94306 137-37-004 7 7 0 6 0.65 MF RM-30 MF RM-30 16 40 20 One story Faith-based insitution. Congregation Emek Beracha 1975 0.03 2 City Owned Parking Lots WAVERLY ST & LYTTON AVE 94301 120-14-088 14 15 0 13 0.85 CC PF CC PF 0 50 42 Surface parking City Owned Parking Lots COWPER ST & HAMILTON AVE 94301 120-15-073 11 12 0 10 0.67 CC PF CC PF 0 50 33 Surface parking City Owned Parking Lots WAVERLY ST & HAMILTON AVE 94301 120-15-086 11 11 0 10 0.64 CC PF CC PF 0 50 32 Surface parking City Owned Parking Lots EMERSON ST 94301 120-26-027 9 10 0 8 0.54 CC PF CC PF 0 50 27 Surface parking City Owned Parking Lots NEW MAYFIELD LN 94301 124-32-055 10 10 0 8 0.56 CC PF CC PF 0 50 28 Surface parking City Owned Parking Lots SHERMAN AVE & PERAL LN 94301 124-33-007 17 18 0 15 1 CC PF CC PF 0 50 50 Surface parking Faith-Based Institutions 1985 LOUIS RD 94303 003-50-022 9 9 0 8 1.09 SF R-1 SF R-1 0 30 26 Surface parking/vacant land surrounding faith-based insitution Faith-Based Institutions 1140 COWPER ST 94301 120-18-048 5 5 0 4 0.61 SF R-1 SF R-1 0 30 14 Surface parking/vacant land surrounding faith-based insitution Faith-Based Institutions 3505 MIDDLEFIELD RD 94306 127-47-042 12 13 0 11 1.5 SF R-1 SF R-1 0 30 36 Surface parking/vacant land surrounding faith-based insitution 3 Faith-Based Institutions 2490 MIDDLEFIELD RD 94301 132-01-083 0 0 11 0 0.46 SF R-1 SF R-1 0 30 11 Surface parking/vacant land surrounding faith-based insitution Faith-Based Institutions 2890 MIDDLEFIELD RD 94306 132-03-193 6 7 0 5 0.76 SF R-1 SF R-1 0 30 18 Surface parking/vacant land surrounding faith-based insitution 3 Faith-Based Institutions 3149 WAVERLEY ST 94306 132-20-161 5 6 0 5 0.69 SF R-1 SF R-1 0 30 16 Surface parking/vacant land surrounding faith-based insitution 3 GM 860 E CHARLESTON RD 94303 127-15-002 0 0 16 0 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.7), surface parking 1956 1.11 2 GM 4055 FABIAN WY 94303 1271-50-06 0 0 16 0 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.5), surface parking 1957 0.69 1 GM 801 SAN ANTONIO RD 94303 127-15-041 0 0 0 14 0.2 LI GM LI GM 0 90 14 Faith-based insitution (FAR: 0.6), surface parking 1957 1.43 1 GM 799 SAN ANTONIO RD 94303 127-15-042 0 0 16 0 0.23 LI GM LI GM 0 90 16 One story restaurant (FAR: 0.2), surface parking 1960 0.76 2 GM 797 SAN ANTONIO RD 94303 127-15-043 0 0 16 0 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.5), surface parking 1962 1.43 2 GM 830 E CHARLESTON RD 94303 127-15-049 0 0 18 0 0.27 LI GM LI GM 0 90 18 One story auto service (FAR: 0.2), surface parking 1961 0.25 2 GM 809 SAN ANTONIO RD 94303 127-15-050 0 0 25 0 0.37 LI GM LI GM 0 90 25 Two story office space (FAR: 1.4), surface parking 1956 0.89 2 GM 849 E CHARLESTON RD 94303 127-37-001 0 0 16 0 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.5), surface parking 1959 0.47 2 GM E CHARLESTON RD 94303 127-37-002 0 0 0 15 0.22 LI GM LI GM 0 90 15 Surface parking GM FABIAN WY 94303 127-37-005 0 0 28 0 0.4 LI GM LI GM 0 90 28 One story office space (FAR: 0.5), surface parking 0 2 GM FABIAN WY 94303 127-37-007 0 0 31 0 0.45 LI GM LI GM 0 90 31 Two story office space (FAR: 1.0), surface parking 0 2 GM 811 E CHARLESTON RD 94303 127-37-016 13 13 0 11 0.54 LI GM LI GM 0 90 37 One story auto service (FAR: 0.2), surface parking 1972 0.21 1 GM 3980 FABIAN WY 94303 127-37-018 17 17 0 14 0.69 LI GM LI GM 0 90 48 One story vacant office space (FAR: 0.5), surface parking 1995 1.01 3 GM 3960 FABIAN WY 94303 127-37-019 16 17 0 14 0.68 LI GM LI GM 0 90 47 One story vacant office space (FAR: 0.5), surface parking 1995 0.45 2 GM 3940 FABIAN WY 94303 127-37-023 31 31 0 26 1.27 LI GM LI GM 0 90 88 Two story office space (FAR: 0.8), surface parking 1991 0.51 3 GM 4030 TRANSPORT ST 94303 147-01-013 0 0 0 29 0.45 LI GM LI GM 0 90 29 Two story office space (FAR: 1.2), surface parking 1954 1.13 2 GM 989 COMMERCIAL ST 94303 147-01-016 0 0 0 13 0.19 LI GM LI GM 0 90 13 One story office space (FAR: 0.7), surface parking 1958 1.13 1 GM 977 COMMERCIAL ST 94303 147-01-018 0 0 0 13 0.19 LI GM LI GM 0 90 13 One story office space (FAR: 0.7), surface parking 1957 1.46 2 GM 990 COMMERCIAL ST 94303 147-01-041 19 20 0 17 0.79 LI GM LI GM 0 90 56 Two story office space (FAR: 0.8), surface parking 1999 1 3 GM 4051 TRANSPORT ST 94303 147-01-068 0 0 0 18 0.26 LI GM LI GM 0 90 18 Two story office space (FAR: 1.4), surface parking 1957 0.77 1 GM 4047 TRANSPORT ST 94303 147-01-069 0 0 0 17 0.25 LI GM LI GM 0 90 17 One story office space (FAR: 0.8), surface parking 1956 0.48 1 GM 4045 TRANSPORT ST 94303 147-01-070 13 13 0 11 0.54 LI GM LI GM 0 90 37 Two story office space (FAR: 0.8), surface parking 1957 1.26 1 GM 4041 TRANSPORT ST 94303 147-01-071 0 0 0 16 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.8), surface parking 1959 1.5 1 GM 4039 TRANSPORT ST 94303 147-01-072 0 0 0 16 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.5), surface parking 1959 0.33 3 GM 4035 TRANSPORT ST 94303 147-01-073 0 0 0 16 0.23 LI GM LI GM 0 90 16 One story office space (FAR: 0.5), surface parking 1958 0.63 2 GM 4075 TRANSPORT ST 94303 147-01-079 0 0 0 11 0.16 LI GM LI GM 0 90 11 One story office space (FAR: 0.8), surface parking 1957 0.39 1 GM 4019 TRANSPORT ST 94303 147-01-096 0 0 0 21 0.31 LI GM LI GM 0 90 21 Two story office space (FAR: 1.2), surface parking 1958 0.35 2 GM 4007 TRANSPORT ST 94303 147-01-097 13 13 0 11 0.54 LI GM LI GM 0 90 37 One story office space (FAR: 0.8), surface parking 1957 1.26 1 GM 4067 TRANSPORT ST 94303 147-01-099 0 0 0 17 0.25 LI GM LI GM 0 90 17 Two story medical office space (FAR: 0.7), surface parking 1959 1.08 1 GM 4083 TRANSPORT ST 94303 147-01-116 12 13 0 11 0.51 LI GM LI GM 0 90 36 Two story office space (FAR: 1.0), surface parking 1980 1.5 3 GM 999 COMMERCIAL ST 94303 147-01-122 0 0 0 21 0.3 LI GM LI GM 0 90 21 Two story office space (FAR: 0.9), surface parking 1966 1 2 GM 991 COMMERCIAL ST 94303 147-01-123 0 0 0 24 0.35 LI GM LI GM 0 90 24 One story preschool (FAR: 0.5), surface parking 2005 0.79 2 GM TRANSPORT ST 94303 147-02-017 16 16 0 14 0.66 LI GM LI GM 0 90 46 Surface parking 0 ROLM 1060 E MEADOW CIR 94303 127-10-049 27 28 0 24 1.13 RO ROLM RO ROLM 0 90 79 One story office space (FAR: 0.5), surface parking 1964 0.77 2 ROLM 1066 E MEADOW CIR 94303 127-10-050 52 53 0 45 2.15 RO ROLM RO ROLM 0 90 150 One story office space (FAR: 0.5), surface parking 1976 0.89 2 ROLM 1068 E MEADOW CIR 94303 127-10-051 24 25 0 21 1 RO ROLM RO ROLM 0 90 70 One story office space (FAR: 0.5), surface parking 1974 0.6 2 ROLM 3600 W BAYSHORE RD 94303 127-10-076 51 51 0 43 2.08 RO ROLM RO ROLM 0 90 145 Two story office space (FAR: 0.5), surface parking 1990 1.12 3 ROLM 1053 E MEADOW CIR 94303 127-10-081 39 39 0 34 1.6 RO ROLM RO ROLM 0 90 112 One story office space (FAR: 0.5), surface parking 1970 0.42 2 ROLM 1036 E MEADOW CIR 94303 127-10-094 75 75 0 64 3.06 RO ROLM RO ROLM 0 90 214 One story office space (FAR: 0.5), surface parking 1965 0.58 3 ROLM 1050 E MEADOW CIR 94303 127-10-099 64 64 0 55 2.62 RO ROLM RO ROLM 0 90 183 Two story office space (FAR: 0.4), surface parking 1968 0.44 3 ROLM 3460 W BAYSHORE RD 94303 127-36-029 36 37 0 31 1.49 RO ROLM RO ROLM 0 90 104 Two story office space (FAR: 0.5), surface parking 1970 1 3 Stanford Sites PASTEUR DRIVE + 1100 WELCH RD 94305 142-03-038, 142-05-032 0 0 0 425 8.4 RO RM-40 MF RM-40 31 40 425 Portable structures, surface parking Stanford Sites 3128 EL CAMINO REAL 94306 142-20-035, 142-20-079, 142-20-080 0 0 0 144 1.23 CS CS CS CS 0 30 144 One story fast food restaurant (FAR: 0.2), surface parking 1974 0.94 3 Developer Interest 3398, 3400, 3490 EL CAMINO REAL 94306 137-08-072 40 41 34 0 3.6 CS CS CS CS 0 40 115 One story auto service (FAR: 0.5), surface parking Developer Interest 550 HAMILTON AV 94301 120-04-005 14 15 13 0 1.32 CC PC CC PC 0 40 42 Three story office space (FAR: 0.7), surface parking 1971 0.85 3 Developer Interest 980 MIDDLEFIELD RD 94301 120-05-077 5 6 5 0 0.51 MF PC MF PC 0 40 16 One story commercial space (FAR: 0.8) 1951 2 Developer Interest 955 ALMA ST 94301 120-28-096 0 0 7 0 0.24 SOFA II CAP RT-35 SOFA II CAP RT-35 0 40 7 One story office space (FAR: 0.8) 1947 1.65 3 Developer Interest 70 ENCINA AV 94301 120-34-006 0 0 0 4 0.14 CC CC CC CC 0 40 4 Surface parking Developer Interest 705 SAN ANTONIO RD 94303 127-15-045 6 6 5 0 0.56 CS CS CS CS 0 40 17 Auto service Developer Interest 3997 FABIAN WAY 94303 127-37-003 0 0 8 0 0.28 LI GM LI GM 0 40 8 Surface parking Developer Interest 2951 EL CAMINO REAL 94306 132-37-052 0 0 10 0 0.33 CS CS CS CS 0 40 10 One story office space (FAR: 0.4), surface parking 1975 0.63 3 Developer Interest 300 LAMBERT AV 94306 132-38-061 0 0 10 0 0.33 CS CS CS CS 0 40 10 One story auto service (FAR: 0.7), surface parking 1970 0.94 1 Developer Interest 340 PORTAGE AV (1 acre site & DA) 94306 132-38-071 17 18 24 0 13 MF RM-30 MF RM-30 0 40 59 One story commercial use Developer Interest 3300 EL CAMINO REAL 94306 142-20-046 33 34 29 0 3.01 RO RP RO RP 0 40 96 Surface parking Developer Interest 3150 EL CAMINO REAL 94306 142-20-054 8 9 7 0 0.75 CS CS CS CS 0 40 24 One story Restaurant (FAR: 0.3), surface parking 1969 0.65 2 Developer Interest 808-814 SAN ANTONIO RD 94303 147-03-043 0 0 0 7 0.44 CS CS CS CS 0 40 7 One story car rental (FAR: 0.4), Surface parking 1956 0.42 2 Developer Interest 4225 MIDDLEFIELD RD 94303 147-05-068 6 6 5 0 0.54 CS CS CS CS 0 40 17 One story commercial use Developer Interest 4233 MIDDLEFIELD RD 94303 147-05-069 8 9 7 0 0.77 CS CS CS CS 0 40 24 One story auto service Developer Interest 708-710 SAN ANTONIO RD 94303 147-05-090 0 0 8 0 0.26 CS CS CS CS 0 40 8 Auto service Developer Interest 762 SAN ANTONIO RD 94304 147-05-102 10 10 9 0 0.93 CS CS CS CS 0 40 29 Truck rental Developer Interest 4345 EL CAMINO REAL 94306 148-09-011 11 11 9 0 0.99 CS CS CS CS 0 40 31 Two story lodging. 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Table C: Land Use
Zoning Designation General Land Uses Allowed
R‐1 Low density residential (Chapter 18.12)
RM‐20 Multi ‐family residential uses (Chapter 18.13)
RM‐30 Multi ‐family residential uses (Chapter 18.13)
RM‐40 Multi ‐family residential uses (Chapter 18.13)
CS Residential and non‐residential uses (Chapter 18.16) CN Residential and non‐residential uses (Chapter 18.16) CC Residential and non‐residential uses (Chapter 18.16) CD‐C Residential and non‐residential uses (Chapter 18.18) CD‐N Residential and non‐residential uses (Chapter 18.18) RT‐35 Residential and non‐residential uses up to 35 feet RT‐40 Residential and non‐residential uses up to 40 feet RT‐50 Residential and non‐residential uses up to 50 feet GM Light manufacturing, research, and commercial services uses (Chapter 18.20) ROLM Light manufacturing, research, and commercial services uses (Chapter 18.20) PC Any use in accordance with approved development plan (Chapter 18.38) PF Public facilities (Chapter 18.28)
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ANALYSIS OF LAND USE CONTROLS
This section analyzes the i mpact of all relevant land use controls on whether, independently and cumulatively, they present a constraint on the development of a variety of housing types. In summary, this analysis reveals standards that represen t a constraint to achieving housing pro duction at densities specified in the existing regulations and/or rezonings identified to meet the RHNA. First, the ground-level landscaping requirement, generally 20 percent minimum, acts as a lot coverage limitation in the commercial mixed use districts and represents a constraint to housing production at densities identified in the Sites Inventory. The landscaping standard is proposed to be modified as part of the Program 1.1 zoning changes in order to achieve the stated density. Second, proposed density changes in the ROLM to meet the RHNA, from 30 du/ac to 65 du/ac, will mean that other existing standards, such as height, FAR, landscaping/lot coverage, or parking, will be constraints to achievin g the density threshold. These standards are also proposed to be modified as part of Program 1.1 to facilitate housing production at stated densities.
To evaluate constraints, t he City has prepared physical site test models of all development standards specified in the Zoning Ordinance and summarized in the tables above , including setbacks, coverage, density, FAR, open space, building height, and parking.
These models illustrate that multi-family development is physically feasible in all zones that allow housing, including on the smaller sites in the Sites Inventory. Townhomes are feasible in all scenarios. Stacked flats are generally feasible, but larger sites (above 10,000 sq. ft.) and/or corner lots are better for allowing parking and circulation access. Smaller sites and interior lots are generally more constrained. However, as detailed further below, in some instances, development standards need to be modified to achieve the RHNA densities projected for some properties in the Sites Inventory.
Notably, residential density and parking standards do not correlate. Since the City requires 1 space/unit for studios and 1 -bedrooms, but 2 spaces/unit for 2+ bedrooms , in a hypothetical project , the same amount of parking can serve either more studios/1-bedrooms (higher densities) or fewer 2+ bedroom units (lower densities). These parking requirements apply to all multifamily projects regardless of zone.
Multifamily projects are being approved and built in Palo Alto in townhome and stacked flat configurations, which sugge sts that projects are financially feasible for at least these projects. Some of these projects take advantage of the Housing Incentive Program or State Density Bonus Law for increased density, which generally improves financial feasibility for low and moderate-density buildings using wood construction.
Housing development projects that meet objective development and design standards have a high level of certainty for approval, potentially within 60 days of completeness for projects undergoing the City’s Streamlined Review Process (subject to one study se ssion with the ARB) or other State streamlining bills (e.g., SB35 or AB2162) and exempt from CEQA . Projects that seek exceptions and utilize the subjective Context-Based Design Criteria and Architectural Review Process are subject to subjective findings and up to three public hearings with the ARB.
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Figure 4-2 CD(C) Zone Model
This 5,125 square foot CD(C) site accommodates four dwelling units in a townhome typology. This district does not have setback or residential density standards, but does have a 50-foot height limit (which reduces to 40 feet at the front of the site which is within 150 feet of a lower density residential district ).
At 1.23 FAR, this model exceeds the base FAR of 1.0, but is still below the Housing Incentive Program limit of 3.0 FAR. FAR is the density limit for the district since there is no residential density standard expressed in du/ac. The model also achieves the ground-level 20 percent landscape and 150 square feet/unit open space requirements, average unit size maximum of 1,500 square feet, and provides 2 parking spaces per unit in a tandem configuration. The resulting 3 -story townhome attached townhome typology is a wood construction type that is cost effective and commonly found in the area.
Existing zoning and proposed Housing Element programs provide a path to achieve more units and change housing and construction types to stacked flats . . In the absence of a ma ximum density expressed in dwelling units per acre, various development standards would need to be modified to increase density on the site. For example, based the City’s analysis, the percent ground-level landscaping standard precludes the project from achieving the allowable density and therefore represents a constraint on housing production at the 50 du/ac threshold identified in the Sites Inventory for sites within 1/4 mile of major transit. As part of Program 1.1, standards will be modified to allow the landscaping standa rd to be met above ground-level (e.g., on a courtyard or the rooftop) . This change could allow podium construction, accommodate more unit s and parking, still within the existing height limit. Further, 100 percent below- market rate projects could benefit from other development standards through the existing HIP to achieve Item 9
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substantially more units per acre . AB2097 also exempts this site from parking requirements altogether, which would also increase unit yield beyond what is illustrated here.
Figure 4-3 CN Zone Model
This 15, 800 square foot C N site accommodates 12 apartments and ground-floor retail in a mixed-use typology. Key standards modeled include setbacks, 20 percent ground-floor landscape coverage, 35-foot maximum building height, and the land use requirement to provide ground -floor retail. There is no maximum residential density expressed in du/ac for sites on El Camino Real in this district, but FAR of 1.5 and lot coverage of 100 percent is permitted with the Housing Incentive Program. The model provides the required 21 parking spaces in a below-grade garage. Although subterranean parking is a high cost option, it is somewhat common in Palo Alto.
The ground -level landscaping requirement represents a constraint to achieving the 4 0 du/ac density threshold identified in the Sites Inventory for this site which is located within a ½ mile of a major tr ansit corridor. Program 1.1 addresses the zoning constraint imposed by modifying the landscaping coverage standard to achieve Sites Inventory densities.
To incentivize greater housing production potential, as an alternative to State Density Bonus Law, Program
3.4 proposes changes to the Housing Incentive Program . For example, greater building height and adjustments to the daylight plane, could be used to achieve mo re density, while bringing the parking above-grade. Further, the Housing Incentive Program offers 100 percent below-market rate projects relief from these other development standards, including parking as low as 0.75/unit, height up to 50 feet, and landscaping above the ground-floor.
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Figure 4-4 RM-20 Zone Model
This 10,000 square foot site accommodates four townhome units, achieving 18 du/ac in a zone that allows 20 du/ac. The model takes into account setbacks, 30 -foot height limit , daylight plane requirements, 35 percent lot coverage, 35 percent ground-floor landscaping an d 150 square feet per unit open space requirements and achieves the 8 parking spaces required for 3- and 4-bedroom units through tuck-under and surface parking . State law already allows up to at least 1.0 FAR. The resulting 3 -story attached townhome typology is a wood construction type that is cost effective and commonly found in the area.
Surface and tuck-under parking are likewise cost effective.
Existing zoning and proposed Housing Element programs provide a path for how to achieve even more units. Program 1.1A requires RM sites to receive a density increase, in this case from 20 to 30 du/ac. This would provide the option of more and smaller units (i.e., studio s and 1 -bedrooms) which carry lower parking requirements. Thus, this site could achieve five or six units (up to 26 du/ac) while still providing just seven or eight total parking spaces.
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Figure 4-5 RM-30 Zone Model
This 6,600 square foot site accommodates four townhome units, achieving 27 du/ac in a zone that allows 30 du/ac. The model takes into account setbacks, 3 5-foot height limit, daylight plane requirements, 40 percent lot co verage, 35 percent ground-floor landscaping an d 150 square feet per unit open space requirements, and achieve the 8 parking spaces required through tuck -under parking. State law already allows up to at least 1.0 FAR. The resulting 3 -story attached townhome typology is a wood construction type that is cost effective and commonly found in the area.
Existing zoning and proposed Housing Element programs provide a path for how to achieve even more units. Program 1.1A requires RM sites to receive a density increase, in this case from 30 to 40 du/ac. This would provide the option of more and smaller units (i.e., studios and 1 -bedrooms) which carry lower parking requirements. Thus, this site could achieve up to six units (up to 40 du/ac) while still providing six to eight total parking spaces.
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Figure 4-6 RM-40 Zone Model – Parking Compliant with City Code
This 5,000 square foot site accommodates four apartments, achieving 35 du/ac in a zone that allows 40 du/ac. The model takes into account setbacks, 40-foot height limit, daylight plane requirements, 4 5 percent lot coverage, 20 percent ground-floor landscaping and 150 square feet per unit open space requirements, and achieves the 7 parking spaces required through a ground -level garage . State law already allows up to at least 1.0 FAR. The resulting 3 -story attached townhome typology is a wood construction type that is cost effective and commonly found in the area.
State law, e xisting zoning and proposed Housing Element programs provide a path for how to achieve even more units. Program 1.1A requires RM sites, to receive a density increase, in this case from 40 to 50 du/ac. On smaller sites distant from transit, mechanical lifts may be necessary to meet parking requirements while still allowing for circulation in the driveway and garage . Mechanical lifts are allowed and have been used in Palo Alto as a viable way to shrink the footprint devoted to parking.
Larger sites (e.g., 10,000 sq. ft.) allow for improved garage and driveway circulation that can physically accommodate parking. But, the City also modeled a 5,000 square foot interior lot, as opposed to a corner lot, which proved to be more challenging to design driveways and garage circulation. On interior lots, no parking or reduced parking strategies allowed for higher unit yields. Sites located within ½-mile of transit may invoke AB2097 parking reductions that would allow for additional unit yield up to 50 du/ac.
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On this small site, to achieve five units (up to 50 du/ac), the model could develop a range of studios or 1- bedrooms (which carry lower parking requirements) thereby achieving the maximum de nsity while still providing up to seven total parking spaces, even without the use of mechanical lifts.
Figure 4-7 ROLM Zone Model – Existing Zoning: 16 du/ac Yield
This 1-acre ROLM site accommodates 16 townhome units, achieving 16 du/ac in a zone that allows 30 du/ac. This zone district generally follows the RM -30 zoning standards. Therefore, the model takes into account setbacks, 35-foot height limit, daylight plane requirements, 40 percent lot coverage, 35 percent ground-floor landscaping and 150 square feet per unit open space requirements, and achieves the 32 parking spaces required. The resulting 3-story attached townhome typology is a wood construction type that is cost effective and commonly found in the area.
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However, this model is not achieving the full allowable density, which allows for up to 30 dwelling units.
With the current standards, 30 units are not feasible on this 1 -acre site. This is prim arily due to the 40 percent lot coverage and 0.6 FAR limits, and to some extent the depth of the parcel which necessitates a full hammerhead design to accommodate Fire Department access. These standards represent a constraint to achieving the density set forth in the code. Ways to rectify this constraint are described below.
Figure 4-8 ROLM Zone Model – Existing Zoning: 30 du/ac Yield
The figure above explores what it will take to achieve 30 du/ac and transition from a townhome to an apartment typology, namely: (1) a taller height limit (from 35 to 45 feet) to accommodate unit sizes and allow for all tuck under parking, (2) increased lot coverage from 40 percent to 70 percent, (3) FAR of
1.25; (4) parking reduced to 1 space per studio/1-bedroom and 1.25 spaces per 2+ bedroom.
However, the Housing Element strategy for this portion of the GM/ROLM in Bayshore in the Sites Inventory anticipates a density of up to 70 du/ac, as shown below.
Figure 4-9 ROLM Zone Model – Proposed Zoning (Program 1.1): 70 du/ac Yield Item 9
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Proposed Housing Element programs provide a path for how to achieve a density of 70 du/ac. At this density, the housing typology transitions to stacked flats (apartments or condos). In addition to increasing density standards, this model assumes a number of possible changes to development standards that would reduce this constraint: (1) height limit from 35 to 55 feet; (2) lot coverage increase from 40 percent to 70 percent, (3) FAR up to 2.0; ( 4) allowance for the 20 percent landscaping requirement to be met above the ground-floor; and (5) 1 space per studio/1-bedroom and 1.25-1.5 spaces per 2+ bedroom.
Program 1.1 addresses th e zoning constraint imposed by existing zoning regu lations by modifying a combination of standards, such as height, FAR, lot coverage, landscaping, and parking to enable housing production at the density proposed in the Sites Inventory.
SINGLE ROOM OCCUPANCY UNITS
The Palo Alto Zoning Ordinance allows Single Room Occupancy (SRO) units as a multiple tenant structure with individual resident rooms. The City permits SRO units in CN, CC, and CS zones and multi -family residential zoning distri cts as shown in Table 4 -3 using development standards that encourage the construction of the maximum number of units. Sites that have access to community services and p ublic transportation are highly desired for SRO residents. Tenants typically share bathrooms and/or kitchens, while some rooms may include kitchenettes, bathrooms, or half-baths.
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REVISED ADDENDUM TO THE 2030 COMPREHENSIVE PLAN
ENVIRONMENTAL IMPACT REPORT
(SCH #2014052101)
City of Palo Alto 2023-2031 Housing Element
PREPARED BY: City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
Contact: Clare Campbell, Manager of Long
Range Planning
PREPARED WITH THE ASSISTANCE OF: Rincon Consultants, Inc. 449 15th Street, Suite 303
Oakland, California 94612
REPORT DATE: November 2023
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TABLE OF CONTENTS
Introduction .................................................................................................................................................. 1 Project Description........................................................................................................................................ 5 Impact Analysis ........................................................................................................................................... 23 1 Aesthetics ................................................................................................................................ 25 2 Agriculture and Forestry Resources ........................................................................................ 31 3 Air Quality ................................................................................................................................ 35 4 Biological Resources ................................................................................................................ 53 5 Cultural Resources ................................................................................................................... 59 6 Energy ...................................................................................................................................... 63 7 Geology and Soils .................................................................................................................... 71 8 Greenhouse Gas Emissions ..................................................................................................... 77 9 Hazards and Hazardous Materials ........................................................................................... 87 10 Hydrology and Water Quality .................................................................................................. 93 11 Land Use and Planning .......................................................................................................... 101 12 Mineral Resources ................................................................................................................. 109 13 Noise ...................................................................................................................................... 111 14 Population and Housing ........................................................................................................ 121 15 Public Services ....................................................................................................................... 125 16 Recreation ............................................................................................................................. 131 17 Transportation ....................................................................................................................... 133 18 Tribal Cultural Resources ....................................................................................................... 141 19 Utilities and Service Systems ................................................................................................. 145 20 Wildfire .................................................................................................................................. 155 21 Cumulative Impacts ............................................................................................................... 159 22 Other CEQA Required Discussions ........................................................................................ 161 Conclusion ................................................................................................................................................. 163 References ................................................................................................................................................ 165
FIGURES
Figure 1 Regional Location ........................................................................................................................ 6 Figure 2 City of Palo Alto Location ............................................................................................................ 7 Figure 3 Housing Element Update Sites Inventory Locations ................................................................. 11 Figure 4 GM and ROLM Zones ................................................................................................................ 16 Figure 5 Existing and Proposed HIP Sites ................................................................................................ 18 Item 9
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TABLES
Table 1 RHNA Allocation and Percentage of Income Distribution for Palo Alto ................................... 10 Table 2 Total Housing Element Proposed Sites and Units to Meet the RHNA ...................................... 15 Table 3 Total Housing Element Buildout for CEQA Analysis .................................................................. 20 Table 4 Total Development Evaluated in the Comprehensive Plan EIR Compared to the Housing Element Update .......................................................................................................... 20 Table 5 2017 EIR Mitigation Measures: Aesthetics ............................................................................... 26 Table 6 2017 EIR Mitigation Measures: Air Quality ............................................................................... 36 Table 7 BAAQMD Criteria Air Pollutant Screening Levels ...................................................................... 39 Table 8 BAAQMD Criteria Air Pollutant Significance Thresholds .......................................................... 40 Table 9 BAAQMD Odor Source Thresholds ........................................................................................... 42 Table 10 Project Consistency with Applicable 2017 Clean Air Plan Control Measures ........................... 44 Table 11 Increase in Population Compared to Vehicle Trips Under Project ........................................... 45 Table 12 2017 EIR Mitigation Measures: Cultural Resources .................................................................. 60 Table 13 2017 EIR Mitigation Measures: Energy ..................................................................................... 64 Table 14 Consistency with State Renewable Energy and Energy Efficiency Plans .................................. 67 Table 15 Project Consistency with Applicable 2030 Comprehensive Plan policies ................................. 69 Table 16 2017 EIR Mitigation Measures: Greenhouse Gas Emissions..................................................... 78 Table 17 Operational GHG Emissions ...................................................................................................... 82 Table 18 Proposed Project Compliance with Applicable S/CAP Actions ................................................. 83 Table 19 2017 EIR Mitigation Measures: Hydrology and Water Quality ................................................. 95 Table 20 2017 EIR Mitigation Measures: Land Use and Planning ......................................................... 102 Table 21 Project Consistency with Plan Bay Area 2050 ......................................................................... 104 Table 22 Project Consistency with Relevant 2030 Comprehensive Plan Goals and Policies ................. 105 Table 23 2017 EIR Mitigation Measures: Noise ..................................................................................... 113 Table 24 2017 EIR Mitigation Measures: Public Services and Recreation ............................................. 126 Table 25 2017 EIR Mitigation Measures: Transportation and Traffic .................................................... 134 Table 26 Vehicle Miles Traveled Analysis Summary .............................................................................. 137 Table 27 2017 EIR Mitigation Measures: Utilities and Service Systems ................................................ 147 Table 28 Estimated Water Use for the Proposed HEU .......................................................................... 150 Table 29 Estimated Solid Waste Generation ......................................................................................... 152
APPENDICES
Appendix A Vehicle Miles Traveled Analysis
Appendix B Greenhouse Gas Emissions Modeling Results
Appendix C Native American Tribal Correspondence
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INTRODUCTION
This document is an addendum to the Environmental Impact Report (EIR) (State Clearinghouse [SCH] #2014052101) certified in 2017 (“2017 EIR”) for the 2030 Comprehensive Plan. This addendum is being prepared for the City’s 2023-2031 Housing Element Update (HEU), henceforth known as the “proposed project” or “proposed HEU.” The City of Palo Alto was the lead agency for the certified EIR and is the lead agency for this addendum. The addendum analyzes the environmental effects of proposed revisions to the previously approved project analyzed in the 2017 EIR to address the proposed HEU and has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970 (as amended) and the CEQA Guidelines.
According to CEQA Guidelines Section 15164, an addendum to a previously certified EIR or negative declaration is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects or a substantial increase in the severity of a significant effect beyond those identified in the previous EIR. CEQA Guidelines Section 15164 states that:
a. The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred [these are listed below in Section 1.2].
b. [Omitted – applies to Negative Declarations]
c. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
d. The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record.
BACKGROUND AND PURPOSE OF THE EIR ADDENDUM
2017 EIR BACKGROUND
The City of Palo Alto prepared and certified the Comprehensive Plan Update EIR (State Clearinghouse #2014052101) on February 5, 2016. The EIR analyzed four scenarios (scenarios 1, 2, 3, and 4) and their environmental impacts. The City then prepared and certified the Comprehensive Plan Update Supplement to the Draft EIR (State Clearinghouse #2014052101) on February 10, 2017, which analyzed two more scenarios (scenarios 5 and 6) with higher buildouts compared to scenarios 1 through 4. This addendum analyzes the proposed HEU’s impacts in relation to the 2017 EIR, which analyzed a maximum buildout of 6,000 new housing units and 14,080 new residents in Scenario 6. The City also prepared and adopted a Mitigation, Monitoring and Reporting Program (MMRP); CEQA findings; and a Statement of Overriding Considerations in 2017.
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BASIS FOR THE ADDENDUM
As discussed in the CEQA Guidelines, between the date an environmental document for a project is completed and the date that project is implemented fully, one or more of the following changes may occur: 1) the project may change; 2) the environmental setting of the project may change; or 3) previously unknown information can arise. Before proceeding with a project, CEQA requires the lead agency to evaluate these changes to determine whether they affect the conclusions in the prior environmental document. When an EIR has been adopted and a project is modified or otherwise changed after adoption, additional CEQA review may be necessary. The key considerations in determining the need for the appropriate type of additional CEQA review are outlined in Public Resources Code Section 21166 (CEQA) and CEQA Guidelines Sections 15162 and 15164.
CEQA Guidelines Section 15162(a) provides that a Subsequent EIR is not required unless the following occurs:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of identified significant effects; or
3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Pursuant to CEQA Guidelines Section 15164(a), an addendum to a previously certified EIR may be prepared if some changes or additions are necessary but none of the conditions described in Section 15162 have occurred that require preparation of a Subsequent EIR. An addendum must include a brief explanation of the agency’s decision not to prepare a Subsequent EIR and must Item 9
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be supported by substantial evidence in the record as a whole (Section 15164[e]). The decision- making body must consider the addendum prior to approving the project (Section 15164[d]).
An addendum to the 2017 EIR is appropriate to address the proposed project, because the proposed modifications to the 2030 Comprehensive Plan project do not meet the conditions of Section 15162(a) for preparation of a Subsequent EIR as described herein.
This addendum presents an analysis of the environmental topics identified in Appendix G of the State CEQA Guidelines using a modified checklist that determines for each topic whether the circumstances set forth in Public Resources Code Section 21166 and its implementing State CEQA Guidelines sections 15162 and 15163 are present with respect to the proposed project or the circumstances surrounding the project.
The 2017 EIR and this addendum serve as documents to inform decision-makers and the public of the potential environmental consequences of approving the proposed project. This addendum neither controls nor determines the ultimate decision for approval of the proposed project. The information presented in this addendum to the certified EIR will be considered by the City of Palo Alto alongside the certified EIR prior to deciding whether to approve the proposed project.
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INTRODUCTION
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PROJECT DESCRIPTION
The proposed project, herein referred to as the “Housing Element Update,” “proposed Housing Element Update,” or “HEU,” would amend the City of Palo Alto’s 2030 Comprehensive Plan (hereinafter referred to as the “2030 Comprehensive Plan”) by replacing the current Housing Element with the proposed 2023-2031 Housing Element and amending the 2030 Comprehensive Plan and Palo Alto Municipal Code (PAMC) as needed for consistency and HEU implementation.
The proposed HEU establishes programs, policies, and actions to further the goal of accommodating projected housing demand, as mandated by the State; increasing housing production to meet this demand; improving housing affordability; preserving existing affordable housing; improving the safety, quality and condition of existing housing; facilitating the development of housing for all income levels and household types, including special needs populations; improving the livability and economic prosperity of all Palo Alto residents; and promoting fair housing choice for all.
This section describes the proposed project, including the project location, major project characteristics, project objectives, and discretionary actions needed for approval.
LEAD AGENCY NAME, ADDRESS, AND CONTACT
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
Contact: Clare Campbell, Manager of Long Range Planning, [email protected] 650-617-3191
PROJECT LOCATION
The study area considered in this analysis includes the entire city of Palo Alto (hereinafter referred to as “City” or “Palo Alto”). Palo Alto is located 35 miles south of San Francisco and 14 miles north of San Jose. Palo Alto encompasses an area of approximately 26 square miles, about a third of which is open space, including 34 city-owned parks, and 1,700 acres of protected Baylands. The regional location of Palo Alto is shown in Figure 1 and the city limits are show in Figure 2.
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PROJECT DESCRIPTION
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Figure 1 Regional Location
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Figure 2 City of Palo Alto Location
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EXISTING SETTING
Palo Alto includes primarily single-family residential uses (approximately 61 percent of Palo Alto) as well as schools, civic buildings, parks and open space, and commercial uses. The developable area within Palo Alto, located between Junipero Serra Boulevard and the Bayshore Freeway (US 101), is largely built out. Less than 0.5 percent of the developable land area is vacant. A large percentage of Palo Alto’s land area is also undeveloped Baylands and hillsides.
The housing stock of Palo Alto in 2022 was made up of 16,403 single-family detached residences, 1,218 single-family attached residences, 1,958 multi-family residences with 2 to 4 units, 9,489 multi-family residences with 5 or more units, and 97 mobile homes (California Department of Finance [DOF] 2022
1 ).
PROJECT CHARACTERISTICS
The proposed project consists of a complete update to the Comprehensive Plan Housing Element. The updates are intended to enable Palo Alto to accommodate housing in accordance with State law while continuing to provide services, parks, schools, and environmental setting, and offering new programs that support the city’s diversity and housing affordability.
HOUSING ELEMENT UPDATE
The Housing Element is one of the State-mandated elements of the Comprehensive Plan. The current Housing Element was adopted in 2014 and is in effect through January 31, 2023. The Housing Element identifies Palo Alto’s housing conditions and needs, and establishes the goals, objectives, and policies that comprise the City’s housing strategy to accommodate projected housing needs, including the provision of adequate housing for low-income households and for special-needs populations (e.g., unhoused people, seniors, single-parent households, large families, and persons with disabilities).
The proposed HEU would bring the element into compliance with State legislation passed since adoption of the 2015-2023 Housing Element and with the current Regional Housing Needs Allocation (RHNA). In December 2021, the Association of Bay Area Governments (ABAG) Executive Board adopted the 6th Cycle Final RHNA, which includes a “fair share” allocation for meeting regional housing needs for each community in the ABAG region.
The proposed HEU includes the following components, as required by State law:
Evaluation of the 2015-2023 Housing Element: An evaluation of the results of the goals, policies, and programs adopted in the 2015-2023 Housing Element that compares projected outcomes with actual achieved results.
1 California Department of Finance (DOF). 2022. E-5 Population and Housing Estimates. https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-and-the- state-2020-2022/
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Demographics and Housing Needs Assessment: An analysis of the existing and projected housing needs of the community. It provides a profile of socio-demographic information, such as population characteristics, household information, housing stock, tenure, and housing affordability. The assessment also considers local special housing needs, such as seniors, farmworkers, unhoused persons, large households, and female-headed households. Housing Capacity Analysis and Methodology: An inventory listing adequate sites that are suitably zoned and available within the planning period to meet the city’s fair share of regional housing needs across all income levels.
Housing Resources: An identification of resources to support the development, preservation, and rehabilitation of housing.
Constraints to Housing Production: An assessment of impediments to housing production across all income levels covering both governmental (e.g., zoning, fees, etc.) and nongovernmental (e.g., market, environmental, etc.) impediments. Housing Plan: This section provides a statement of the community’s goals, policies and quantified objectives to maintain, preserve, improve, and develop housing, as well as a schedule of implementable actions to be taken during the planning period. Quantified objectives are included to make sure that both the existing and the projected housing needs are met, consistent with the city’s share of the RHNA.
The draft Housing Element is available on the City’s website:
https://paloaltohousingelement.com/
REGIONAL HOUSING NEEDS ALLOCATION
The Housing Element must address the City's fair share of the regional housing need and specific State statutory requirements and must reflect the vision and priorities of the local community. ABAG has allocated the region’s 441,176 housing unit growth needs among each city and county in its region through a process called the Regional Housing Needs Determination. From the determination, ABAG assigns each jurisdictions Regional Housing Needs Allocation (RHNA). The RHNA represents the minimum number of housing units that the City is required to plan for in its Housing Element by providing adequate sites through the Comprehensive Plan and zoning.
As shown in Table 1, Palo Alto’s RHNA for the 2023-2031 planning period is 6,086 units, which is distributed among four income categories (a fifth category for extremely low-income households is added in Table 1).
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10 | Page Addendum to the 2030 Comprehensive Plan EIR Table 1 RHNA Allocation and Percentage of Income Distribution for Palo Alto Income Level Percent of Area Median Income (AMI) Units Percent Extremely Low <30% 778 12.7%
Very Low <50% 778 12.7%
Low 50-80% 896 14.7%
Moderate 80-120% 1,013 16.6%
Above Moderate >120% 2,621 43.0%
Total – 6,086 100%
Source: Association of Bay Area Governments Methodology and numbers were approved by ABAG’s Executive board on January 21, 2021 (Resolution No. 02-2021).
MEETING THE RHNA
To meet the RHNA and provide sufficient capacity to accommodate future housing development, the HEU specifies sites suitable for residential development, identifies sites to increase permitted residential densities to meet affordability requirements, and includes other goals, policies, and programs to encourage housing. However, the Housing Element in and of itself does not develop housing – it is a plan. This housing plan would be supported by new and revised zoning standards. Not all of the housing anticipated by the RHNA will necessarily be built, as housing development is mainly accomplished by the private sector and dependent on factors independent of City control, such as financial resources. The sections below introduce the Sites Inventory, sites proposed to meet the RHNA, and then a subset of the inventory describing sites that require rezoning to meet the RHNA.
The Department of Housing and Community Development (HCD) guidance is to identify enough housing sites inventory to not only cover the jurisdiction’s RHNA, but to also provide for an additional buffer capacity to accommodate realistic production rates of affordable housing units. Having a surplus or buffer can also allow for instances when a smaller residential unit count may have to be considered for a given property. The “No Net Loss” Law (Government Code Section 65863) requires maintenance of sufficient sites to meet the RHNA for all income levels throughout the planning period.
SITES INVENTORY
The City assessed capacity in entitled and proposed development, accessory dwelling units (ADU) and underutilized sites to meet the RHNA. Some of the underutilized sites are already zoned to accommodate multifamily housing at appropriate densities. However, other sites require rezoning to increase densities to allow multifamily housing and meet the remaining shortfall in accommodating the RHNA. These categories are further explained below. The City has identified 299 sites that could provide housing to meet the City’s RHNA and buffer. These sites are shown on Figure 3.
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Figure 3 Housing Element Update Sites Inventory Locations
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ENTITLED AND PROPOSED DEVELOPMENT
Approved and permitted residential developments can be credited towards the City’s RHNA for the 6th cycle Housing Element provided it can be demonstrated that the units will be built during the planning period. Entitled development would generate 452 units within the city.
Twenty pipeline projects have also been identified generating 824 units. Total entitled and proposed development would generate 1,276 new units within the city.
ACCESSORY DWELLING UNITS
The City anticipates that it will permit an average of 64 accessory dwelling units (ADU) per year or 512 units during the planning period. ADUs, also referred to as granny flats or secondary units, provide an affordable housing option and are an important tool to help meet the housing needs in communities. The ADUs can also be credited towards RHNA. The proposed HEU includes programs for the City to incentivize and promote ADUs, such as by new incentives for rent-restriction ADUs that are affordable to low and very low income households and by allowing the construction of an ADU or Junior ADU with the construction of a new residence, whether on vacant property or on any property that is proposed to be redeveloped. The 64-unit annual projection is based on the City’s average ADU production from 2019-2021.
IDENTIFYING UNDERUTILIZED SITES
After crediting the entitled or under review 1,276 units and the 512 projected ADUs towards total RHNA (and buffer) of 6,695 units, there is a shortfall of 4,907 units. The proposed HEU identifies 279 sites that could accommodate 5,005 units2 to meet the RHNA allocation during the 2023-2031 period plus an additional buffer. Most of the parcels are developed but underutilized. Parcels that were considered during this phase included:
Underutilized sites such as lots with uses that are no longer needed or need rehabilitation Locations where housing could be denser
Locations near public transit and services
Locations where housing could be added near commercial buildings or in business parks to create “live-work” neighborhoods
Due to a lack of vacant available parcels, the City relies on non-vacant and underutilized sites to accommodate nearly all of its RHNA.
SITES REQUIRING ZONING CHANGES
Of the 299 sites identified to meet RHNA, the majority (157 sites) would need to be rezoned to a higher density to meet the estimated unit yields. The sites that do not require rezoning already allow for the development density to reach the estimated unit yields.
2 Note that the identified sites’ yield of 5,005 exceeds the calculated shortfall of 4,907 units by 98 units; the revised total unit yield to meet RHNA is 6,793 units.
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STRATEGIES TO MEET RHNA
The City identified nine strategies to identify additional housing opportunity sites to accommodate for the remaining total shortfall of 4,907 residential units. These strategies include:
1. General up-zone of sites that allow for multi-family residential use;
2. Sites located within ½ mile of a Caltrain station;
3. Sites within ½ mile of high-frequency bus transit corridors;
4. Parking lots owned by the City;
5. Surface parking surrounding local faith-based institutions;
6. Sites within the General Manufacturing (GM) zone;
7. Sites within Research, Office, and Limited Manufacturing (ROLM) zone;
8. Sites owned by Stanford University; and,
9. Additional sites identified by City staff.
Overall, it is estimated that 157 sites would be rezoned and these rezoned sites would have a capacity for an estimated 3,948 residential units distributed among all income categories. These sites are also shown on Figure 3.
GENERAL UP-ZONING STRATEGIES
The City would allow more residential development by increasing the maximum allowable density on sites where multi-family development is currently allowed. Medium to high density residential zones, or commercial zones that currently allow a maximum density of 20 dwelling units per acre would be up-zoned to allow a maximum of 30 dwelling units per acre. Similarly, areas zoned for a density of 30 dwelling units per acre would be up-zoned to allow up to 40 dwelling units per acre. Those identified parcels within 0.25 mile of Caltrain stations would receive an up-zone to 50 dwelling units per acre while those sites within a quarter to half a mile would be up-zoned to 40 units per acre.
This strategy would increase the capacity of the city’s RM-20, RM-30, CN, CC, and CS zones on 99 sites. These sites are generally spread throughout the city but are predominately located within the CS zone along El Camino Real with additional sites in the Downtown and North Ventura Coordinated Area Plan (NVCAP) areas, and along Colorado Avenue and San Antonio Road.
SITES WITHIN 0.5 MILE OF A CALTRAIN STATION
This strategy focuses on facilitating transit-oriented residential development within a 0.5-mile buffer of the three Caltrain stations that serve Palo Alto, which includes the Downtown, California Avenue, and San Antonio Stations. Twenty-seven sites located within 0.25 mile of one of these stations were identified to be re-zoned to allow multi-family development at densities up to 50 dwelling units per acre, while 21 sites within 0.25 to 0.5 mile of one of these stations Item 9
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14 | Page Addendum to the 2030 Comprehensive Plan EIR were identified to be re-zoned to allow up to 40 dwelling units per acre. These sites are primarily located in proximity to the Downtown and California Avenue Stations.
SITES WITHIN 0.5 MILE OF FREQUENT BUS ROUTES
This strategy would increase residential densities in areas located within walking distance of frequent bus and shuttle service stops, specifically VTA route 22, 522-El Camino Real and VTA route 21 – San Antonio Avenue, Middlefield Road, and University Avenue. These sites are primarily located along El Camino Real.
CITY-OWNED PARKING LOTS
Several city-owned surface parking lots can be redeveloped to include affordable housing, if appropriate. Four of these sites are located in the University Avenue Downtown area and two additional sites are located near California Avenue, within the California Avenue Business District.
SURFACE PARKING AND VACANT LAND ON SITES WITH FAITH-BASED INSTITUTIONS Underutilized areas on sites occupied by faith-based institutions, such as excess parking lots and vacant segments of properties, could accommodate additional residential units.
GM AND ROLM ZONES
Nearly all sites in GM and ROLM zones are currently occupied by, or reserved for, office uses.
This strategy would rezone these sites to allow for high-density multi-family residential uses and would accommodate approximately 35 percent of the city’s overall remaining need.
Program 1.1 of the proposed HEU would rezone ROLM and GM zoned properties to allow multi- family residential housing as a permitted use with a base density of 65 dwelling units per acre for those properties nearest Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue.
STANFORD AND EL CAMINO REAL & PAGE MILL ROAD FOCUS AREA SITES Stanford University owns multiple properties within city limits that could be used as sites for potential housing. Two sites were identified for use as residential development under the proposed HEU, which would be available for Stanford University affiliated employees and not for students. In addition, sites surrounding the Stanford University-owned sites in the El Camino Real & Page Mill Road Focus Area have been identified for housing. Program 1.1 would increase development intensity in the El Camino Real & Page Mill Road Focus Area to allow FARs up to
4.0 and heights up to 85 feet.
ADDITIONAL SITES IDENTIFIED BY CITY STAFF
Twenty-two additional sites were included in the Sites Inventory. These are sites where development interest has been expressed, sites that have been pre-screened by developers for residential projects, or the sites adequate for Palo Alto’s Housing Incentives Program (HIP).
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TOTAL SITES INVENTORY
Table 2 shows the total inventory of sites and units to meet the RHNA of 6,086 units. The City of Palo Alto has assumed a 10 percent buffer which requires the site identification of an additional 609 units for a total of 6,695. As shown in the table, with entitled and proposed development, ADUs, underutilized sites with no rezoning required, and rezoning to meet the RHNA, a total of 6,793 units can be accommodated, which is more than the RHNA plus 10 percent buffer of 6,695 units.
Table 2 Total Housing Element Proposed Sites and Units to Meet the RHNA Sites Units
Approved and Entitled – Credit N/A1 452
ADU – Credit N/A2 512
Planned Units (Pipeline) 20 824
Underutilized Sites (no rezoning required) 122 1,057
Rezoning to Meet the RHNA 157 3,948
Total 299 6,793
1 The project sites (11) for entitled developments are not counted in the 299 RHNA sites therefore they are not included in this table.
2 ADU development is assumed throughout the city.
OTHER ZONING CHANGES NOT REQUIRED TO MEET THE RHNA
The HEU includes additional programs to support housing development production and/or affordability throughout the city, some of which require zoning changes. Although these zoning changes are not required to meet the RHNA, they facilitate the goals of the Housing Element.
These programs identified in the proposed HEU could modify zoning standards as follows:
Rezone ROLM and GM zoned properties to increase densities for multi-family residential housing beyond 65 dwelling units per acre, for those properties nearest Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue. The GM and ROLM zones are shown in Figure 4.
Extend the Affordable Housing Incentive Program (AHIP) to all housing opportunity sites. Modify AHIP development standards to expand housing feasibility and affordability, including allowing more residential floor area, taller building heights, and align the City’s parking requirements to be consistent with State Density Bonus law. Modify the Housing Incentive Program (HIP) to amend development standards including floor area, building height, aligning the City’s parking requirements to be consistent with State Density Bonus law; and modifying retail preservation requirements to allow more flexibility in redevelopment outside of essential retail locations (i.e., ground floor (GF) and retail (R) combining districts and strategic locations generally depicted in the draft South El Camino Real Design Guidelines). These revisions will promote greater housing production and affordability.
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16 | Page Addendum to the 2030 Comprehensive Plan EIR Figure 4 GM and ROLM Zones
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Extend the HIP to multi-family residential districts and the ROLM and GM districts in northeast portion of the City nearest the Bayshore Freeway and generally bounded by East Charleston Road to the east and Loma Verde Avenue. The existing and proposed HIP expanded HIP areas are shown in Figure 5.
Assess the existing Pedestrian and Transit Oriented Development (PTOD) Combining District development standards and the review process to identify modifications needed to support higher density housing production.
Amend the City's seismic hazards identification program to strengthen regulations and require seismic upgrades of vulnerable housing stock through a combination mandatory provisions and voluntary incentives.
Explore development incentives to encourage larger units, such as floor area ratio exemptions for three or more bedroom units to encourage a mix of different bedroom units in each development.
Amend the Palo Alto Municipal Code (PAMC) to reduce commercial floor area allowances or other commercial incentives at strategic locations to shift the economic benefit of redevelopment toward home building.
Assess the City's Workforce Housing Overlay regulations and consider amendments to better align the target housing population with a housing typology that provides clear reduced rents compared to market rate rents for a comparable unit. Adopt incentives to encourage lot consolidation to encourage high density housing with additional incentives for 100 percent affordable housing developments.
The zoning changes resulting from the implementation of these Housing Element programs may stimulate development on housing opportunity sites identified in the Housing Element to meet the RHNA or on other sites not identified in the Housing Element. This CEQA document evaluates implementation of this broader set of zoning tools and housing development on sites beyond the Housing Element sites inventory that may take advantage of these incentives. In this way, the analysis accounts for a scenario in which development occurs at a rate higher than it has historically or that is likely to occur.
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18 | Page Addendum to the 2030 Comprehensive Plan EIR Figure 5 Existing and Proposed HIP Sites
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HOUSING ELEMENT UPDATE CEQA ASSUMPTIONS
CEQA BUILDOUT ASSUMPTIONS
For the purposes of the California Environmental Quality Act (CEQA) analysis, this document assesses a higher range of development potential, considered the “reasonable maximum development scenario,” to fully analyze potential impacts if development occurs at a rate higher than it has historically. This reasonable maximum development scenario assumes that the entire housing sites inventory would develop as housing and does not account for removal of existing development (primarily low-rise commercial uses) that would be demolished to allow for housing. As a result, the impact analysis represents a conservative approach of potential impacts.
The CEQA analysis for the HEU is focused on the resulting physical changes that would take place as a result of the implementation of the required rezonings to meet RHNA as explained in Section 2.3.3 and program implementation as outlined in Section 2.3.4.
As shown on Table 2, there are 299 sites identified to meet RHNA and 122 of those sites do not require a zone change. Therefore, while they are identified sites for purpose of meeting RHNA they are not assessed for the purposes of the CEQA analysis because they could be built to the projected Housing Element buildout with or without adoption of the Housing Element. Further, 20 pipeline sites have been removed from the CEQA buildout assumptions because they are already undergoing or have already undergone project-specific review. Lastly, one site has been added to the CEQA analysis. Therefore, as shown on Table 3, 280 sites are analyzed for the purposes of CEQA.
In addition, the CEQA analysis assumes a higher unit yield than what is shown on Table 2 because of an assumed higher density assigned to the RHNA sites. While the assumed yield count is lower for the purposes of demonstrating capacity to meet the RHNA, for the CEQA analysis the assumed yield is higher to allow for a reasonable maximum development scenario to account for potential environmental impacts. Therefore, as shown on Table 3, the assumed unit yield associated with the 280 sites is 6,860 units.
In addition, because HEU programs 1.1B, 3.4C, and 3.4C involve increased residential density, the CEQA buildout assumptions include an additional 82 sites and 1,116 units.
Table 3 shows the total buildout assumed with implementation of the Housing Element for the purposes of the CEQA analysis, which is 240 sites with a yield of 6,919 units.
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20 | Page Addendum to the 2030 Comprehensive Plan EIR Table 3 Total Housing Element Buildout for CEQA Analysis Sites Units
RHNA Sites Inventory + Additional Density Assumption1 280 6,860 Sites adjusted or removed for CEQA review2 (122) (1,057) Increase in allowable density in ROLM/GM zones (Housing Element Program 1.1B) 3 13 294 HIP Standards Enhanced Citywide (Housing Element Program 3.4C) 4 0 294 HIP Expanded to All RM Zones (Housing Element Program 3.4D) 5 69 528 Total 240 6,919
( ) denotes subtraction
1 These sites have been reduced to not include the Planned Units/Pipeline count reflected in Table 2. The CEQA unit yield is higher than the RHNA sites yield because of an assumed higher density development assigned to some of the sites. 2 These sites do not involve changes in development density (122 sites with 1,057 units) or involve pipeline projects (20 sites with 824 units); therefore, they have been excluded from the CEQA buildout or adjusted because the development density is already permitted. 3 Additional sites added due to higher feasibility of development due to proposed upzoning. 4 HIP allows for greater density and more relaxed development standards thus some developers will take advantage of the incentives. 5 Extending the HIP to the RM zones will allow property owners to take advantage of the development incentives.
CEQA BASELINE AND COMPARISON TO THE 2017 EIR
The CEQA baseline for this analysis is the maximum allowable development for residential uses under the City’s 2030 Comprehensive Plan Environmental Impact Report (EIR). The Comprehensive Plan Supplement to the Draft EIR analyzed six scenarios for development under the 2030 Comprehensive Plan. Scenario 6 of the 2030 Comprehensive Plan Supplement to the Draft EIR assumed a buildout of 6,000 residential units and 14,080 residents, similar to the residential buildout of the HEU. Table 4 compares the potential buildout under the proposed HEU to the buildout contemplated in Scenario 6 of the Comprehensive Plan EIR.
As shown on Table 4, buildout under the proposed HEU would result in 919 more residential units and 3,287 more residents compared to Scenario 6 as studied in the Comprehensive Plan EIR. Additionally, the construction of these units could result in an overall reduction in office uses, but this document utilizes a conservative approach of simply analyzing the additional impacts of the residential units, without assuming a reduction in the commercial buildout that was analyzed for the Comprehensive Plan EIR.
Table 4 Total Development Evaluated in the Comprehensive Plan EIR Compared to the Housing Element Update
Buildout under
Comprehensive Plan EIR
Buildout under
Proposed Housing
Element Update Change in Buildout
New Housing Units (# of units) 6,000 6,919 +919
New Population (# of people) 14,080 17,3671 +3,287
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PROJECT OBJECTIVES
The purpose of the project is to address the housing and safety needs of the City, to support City programs to increase diversity and housing affordability, and to update the Comprehensive Plan to meet the requirements of current State law. The proposed Housing Element includes the following objectives:
Accommodating projected housing demand, as mandated by the State; Increasing housing production to meet this demand;
Improving housing affordability;
Preserving existing affordable housing;
Improving the safety, quality and condition of existing housing; Facilitating the development of housing for all income levels and household types, including special needs population;
Improving the livability and economic prosperity of all City residents; and Promoting fair housing choice and affirmatively furthering fair housing for all.
REQUIRED APPROVALS
With recommendations from the Planning and Transportation Commission, the City Council would need to take the following discretionary actions in conjunction with the proposed HEU:
Adoption of the 2023-2031 Housing Element of the Comprehensive Plan Amendments to the City’s Zoning Ordinance
Amendments to the Comprehensive Plan to ensure internal consistency between the Housing Element and other chapters. This would include changes to land use designations in the Land Use Element and changes to the Safety Element to meet current State law requirements.
CALIFORNIA NATIVE AMERICAN TRIBAL CONSULTATION
On September 29, 2022, the City of Palo Alto contacted California Native American Tribal governments by sending an Assembly Bill (AB) 52 and Senate Bill (SB) 18 notification letter via email to tribes with an affiliation with the project area based on a list provided by the Native American Heritage Commission (NAHC). Under AB 52, Native American tribes have 30 days to respond and request further project information and request formal consultation. Under SB 18, Native American tribes have 90 days to respond and request further project information and request formal consultation. The City did not receive a request for formal consultation under AB 52 or SB 18. Therefore, no California Native American Tribes traditionally or culturally affiliated with the project area have requested consultation pursuant to Public Resources Code Section 21080.3.1.
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IMPACT ANALYSIS
A comparative analysis has been prepared of the potential impacts associated with the proposed project and the potential impacts of the scenarios analyzed in the 2017 EIR, using the CEQA Guidelines Appendix G checklist as a guide. The checklist considers the full range of environmental issues subject to analysis under CEQA (in rows), and then poses a series of questions (in columns) aimed at identifying the degree to which the issue was analyzed in the EIR. The checklist also includes a column identifying whether the proposed changes to the Comprehensive Plan meet any of the criteria of CEQA Guidelines Section 15162 requiring a subsequent EIR relative to each environmental issue. The questions posed in each column are described below:
Where was impact analyzed? This column provides a cross-reference to the portions of the 2017 EIR where information and analyses may be found relative to the environmental issue listed under each topic. The cross-references identified in this column correspond with page numbers and section numbers of the 2017 EIR.
Could proposed changes involve new or substantially more severe impacts? In accordance with the CEQA Guidelines Section 15162(a)(1), this column indicates whether the proposed project would involve new significant environmental impacts or a substantial increase in the severity of identified significant impacts that, in turn, would require major revisions of the 2017 EIR.
Are there new circumstances resulting in new or substantially more severe impacts? In accordance with CEQA Guidelines Section 15162(a)(2), this column indicates whether changes to the circumstances under which the proposed project is undertaken or implemented have occurred that would involve new significant environmental impacts or a substantial increase in the severity of identified significant impacts that, in turn, would require major revisions of the 2017 EIR.
Is there new information resulting in new or substantially more severe significant impacts? In accordance with CEQA Guidelines Sections 15162(a)(3)(A) and 15162(a)(3)(B), this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows additional or substantially more severe significant impacts not discussed in the 2017 EIR.
Do mitigation measures included in the certified EIR address and/or resolve impacts? In accordance with CEQA Guidelines Sections 15162(a)(3)(C) and 15162(a)(3)(D), this column indicates whether new mitigation measures or alternatives previously found not to be feasible in the 2017 EIR would in fact be feasible and would substantially reduce one or more significant effects of the project, or whether such mitigation measures or alternatives which are considerably different from those analyzed in the 2017 EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
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24 | Page Addendum to the 2030 Comprehensive Plan EIR If impacts have been adequately analyzed in the 2017 EIR or would be less than significant, major revisions of the 2017 EIR would not be required and no further environmental review under CEQA would be required.
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1 Aesthetics
Where was
Impact Analyzed
in the EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New
or Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial
adverse effect on a
scenic vista?
EIR Page 4.1-5
through 4.1-7
No No No N/A
b. Substantially damage
scenic resources,
including but not limited
to, trees, rock
outcroppings, and
historic buildings within
a state scenic highway?
EIR Page 4.1-5
through 4.1-7
No No No N/A
c. In non-urbanized areas,
substantially degrade the
existing visual character
or quality of public views
of the site and its
surroundings? (Public
views are those that are
experienced from a
publicly accessible
vantage point). If the
project is in an urbanized
area, would the project
conflict with applicable
zoning and other
regulations governing
scenic quality?
EIR Pages 4.1-2
through 4.1-5
No No No N/A
d. Create a new source of
substantial light or glare
that would adversely
affect daytime or
nighttime views in the
area?
EIR Pages 4.1-7
through 4.1-8
No No No Yes
ANALYSIS IN PREVIOUS ENVIRONMENTAL DOCUMENT
Section 4.1, Aesthetics, of the 2017 EIR analyzed the 2030 Comprehensive Plan’s impacts related to aesthetics. The 2017 EIR determined that the 2030 Comprehensive Plan would have significant but mitigable impacts related to aesthetics. The 2017 EIR states that the project could potentially substantially degrade the existing visual character or quality of the affected areas of the city and their surroundings since it would introduce housing on sites previously used for non-residential purposes and increase the scale of development on existing housing Item 9
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26 | Page Addendum to the 2030 Comprehensive Plan EIR sites. Therefore, Mitigation Measure AES-1 would be required and would reduce impacts to a less than significant level.
The 2017 EIR found that the 2030 Comprehensive Plan would not significantly alter public viewsheds, view corridors, or scenic resources, and would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. These impacts were found to be less than significant.
Table 5 lists the mitigation measure from the 2017 EIR related to aesthetics.
Table 5 2017 EIR Mitigation Measures: Aesthetics
Mitigation
Measure # Mitigation Text
Impact AES-1: Implementation of the proposed Plan would have the potential to substantially degrade the existing visual character or quality of the area and its surroundings. (Potentially Significant and Mitigable) AES-1 To ensure that increased residential densities would not degrade the visual character or quality of the area, the proposed Plan shall include policies that address the following topics:
High-quality building and site design.
Compatibility with surrounding development and public spaces. Enhancement of existing commercial centers.
Requirements for landscaping and street trees.
Preservation and creation of a safe and inviting pedestrian environment. Appropriate building form, massing, and setbacks.
Source: City of Palo Alto 2016
PROJECT-SPECIFIC IMPACTS
a. Would the project have a substantial adverse effect on a scenic vista? An adverse effect would occur if a proposed plan or project would block or otherwise damage the scenic vista upon implementation. The City does not contain designated scenic views or scenic vistas. However, Palo Alto identifies the backdrop of forested hills to the southwest and San Francisco Bay to the northeast as views that are character-defining features of the city, including the East Bay hills and the Santa Cruz Mountains (City of Palo Alto 2016).
The proposed HEU involves policies or programs that could increase allowed height (an estimated additional 10 to 35 feet of height in some zoning districts) and floor area of development in the city. The proposed HEU involves numerous programs and policies to facilitate the development of housing in Palo Alto. However, areas proposed for development were also analyzed for development in the 2017 EIR. Overall, the proposed HEU would result in 919 more residential units compared to what was analyzed in the 2017 EIR. As discussed in the 2017 EIR, future development facilitated by the 2030 Comprehensive Plan would be required to comply with design guidelines such as the El Camino Real Design Guidelines which address site, building, and landscaping design issues; South of Forest Avenue Coordinated Area Plan guidelines which provides planning policies, development regulations, and design guidelines for the South Forest Area; and the Downtown Urban Design Plan which includes conceptual designs for specific locations and offers examples of desirable architectural and landscape Item 9
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treatments. These guidelines and standards would also generally apply to development under the HEU. Furthermore, future multi-family development would be subject to the City’s Architectural Review Board and/or designed in accordance with objective multi-family design standards, to ensure that visual resources in Palo Alto are protected through compliance with applicable development standards. However, consistent with what was analyzed in the 2017 EIR, the proposed HEU would introduce housing on sites previously used for non-residential purposes, such as in ROLM and GM zones, and would increase the scale of development on some existing housing sites, leading to newer and larger structures.
Nonetheless, even with potentially increased allowed height limits, development facilitated under the proposed HEU compared to what is currently allowed would not substantially block views, as most views are already fully or intermittently impeded by urban development, including mature trees and existing buildings, and urbanized areas do not offer near or far field views of scenic vistas. Therefore, an increase in height would not directly or substantially block views. This impact would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
b. Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? While there are no officially designated State scenic highways in Palo Alto, the City identifies several scenic routes, including Sand Hill Road, University Avenue, Embarcadero Road, Page Mill Road, Oregon Expressway, I-280, Arastradero Road (west of Foothill Expressway), Junipero Serra Boulevard/Foothill Expressway, and Skyline Boulevard as having high scenic value (City of Palo Alto 2016). The proposed rezoning that would occur under the proposed HEU would allow for increased residential density in RM-20, RM-30, CN, CC, and CS zones, and would allow for residential uses in non-residential zones such as ROLM and GM zones. Overall, the proposed HEU would result in 919 more units compared to what was analyzed in the 2017 EIR, which could affect scenic views toward scenic routes. However, the housing inventory sites are all located in areas that are already developed, and development would occur on underutilized or non-vacant sites. Furthermore, development within the urbanized areas of the town such as the Downtown area has already been planned to reinforce the existing development pattern.
Since there are no State-designated scenic highways in Palo Alto, the HEU would not facilitate development that would substantially damage scenic resources within a state scenic highway.
Future multi-family development would be subject to the city’s Major Architectural Review, which would help ensure that development complies with the applicable design guidelines and development standards, including protection of scenic resources. Or, if projects qualify for streamlined review, multifamily projects would be subject to objective design standards that aim to create high-quality design and compatibility with surrounding uses and character.
Therefore, this impact would be less than significant, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
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28 | Page Addendum to the 2030 Comprehensive Plan EIR c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The proposed HEU includes goals, policies, and programs to encourage housing in Palo Alto.
The proposed rezoning that would occur under the proposed HEU would allow for increased residential density in RM-20, RM-30, CN, CC, and CS zones, and would allow for residential uses in non-residential zones such as ROLM and GM zones. Overall, the proposed HEU would result in 919 more units compared to what was analyzed in the 2017 EIR. Additional residential development could result on other sites in urbanized areas of the city as a result of new incentives in the HIP. However, future development would be subject to the city’s Major Architectural Review which includes a hearing and recommendation by the Architectural Review Board on whether the individual project is consistent with the findings for Architectural Review outlined in PAMC Section 18.76.020. Or, if projects qualify for streamlined review, multifamily projects would be subject to objective design standards that aim to create high- quality design and compatibility with surrounding uses and character. This process aims to promote orderly and harmonious development in the city and promote visual environments that are of high aesthetic quality and variety and which, at the same time, are considerate of each other. Additionally, future development in locations within specific area plans would be required to adhere to development guidelines outlined within the respective area plans.
Although the proposed HEU would introduce housing on sites previously used for non- residential purposes and increase the height and scale of development on existing underutilized sites, as with the 2017 EIR, future development would be required to comply with policies L-1.1, L-6.1, L-4.2, and N-2.1 of the 2030 Comprehensive Plan, adopted in compliance with Mitigation Measure AES-1 of the 2017 EIR, which would ensure that increased residential densities would not degrade the visual character or quality of the area. Therefore, this impact would be less than significant with mitigation, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
d. Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area?
Palo Alto is an urbanized city with commensurate level of light and glare. Development facilitated by the project would, in large part, occur as infill on already developed parcels within existing neighborhoods. New lighting could occur on buildings for safety and in pedestrian walkways, and light could be emitted from interior sources through windows on upper stories of tall buildings. The main source of glare would likely be from the sun shining on reflective or light-colored building materials and glazing.
Development facilitated by the proposed HEU would occur as redevelopment of existing built and underutilized sites. When facilities such as parking lots are replaced with buildings, these replacements may reduce nighttime sources of light, because parking lots are often more Item 9
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brightly lit during the nighttime than most buildings. Development of underutilized parcels may result in new light sources, but they would likely be congruous with nearby light sources (e.g., lighting from residential windows). Furthermore, as the development facilitated by the project would be residential units, light from windows would be mostly filtered or obscured by window coverings. Light spillover from exterior residential lighting is typically blocked by adjacent structures or trees.
Furthermore, future development would be required to comply with PAMC Section 18.40.250, which outlines guidelines for building exterior lighting and downward illumination; interior lighting; unnecessary continued illumination; and timing devices and dimmers. Additionally, future commercial and multi-family development would be subject to the city’s Major Architectural Review which would ensure that all development comply with the applicable design guidelines and development standards, including lighting and glare.
Overall, new residential development would be in existing residential neighborhoods or along commercial corridors where sources of light and glare already exist. Development under the proposed HEU would not create new sources of substantial light or glare that would adversely affect daytime or nighttime views in the area and the impact therefore would be less than significant. Therefore, this impact would be less than significant, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
CONCLUSION
The project would have less than significant impacts on aesthetic resources, the same as those identified in the 2017 EIR, with compliance with policies adopted in compliance with Mitigation Measure AES-1. Therefore, the project would not result in new significant effects not addressed in the prior EIR, and no new mitigation measures are warranted. This issue does not require further study in an EIR.
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2 Agriculture and Forestry Resources
Where was
Impact
Analyzed in
the EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New
or Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Convert Prime Farmland,
Unique Farmland, Farmland
of Statewide Importance
(Farmland), as shown on
maps prepared pursuant to
the Farmland Mapping and
Monitoring Program of the
California Resources Agency,
to non-agricultural use?
EIR Pages 7-1
through 7-2
No No No N/A
b. Conflict with existing zoning
for agricultural use or a
Williamson Act contract?
EIR Pages 7-1
through 7-2
No No No N/A
c. Conflict with existing zoning
for, or cause rezoning of,
forest land (as defined in
Public Resources Code
Section 12220(g));
timberland (as defined by
Public Resources Code
Section 4526); or timberland
zoned Timberland
Production (as defined by
Government Code Section
51104(g))?
EIR Pages 7-1
through 7-2
No No No N/A
d. Result in the loss of forest
land or conversion of forest
land to non-forest use?
EIR Pages 7-1
through 7-2
No No No N/A
e. Involve other changes in the
existing environment which,
due to their location or
nature, could result in
conversion of Farmland to
non-agricultural use or
conversion of forest land to
non-forest use?
EIR Pages 7-1
through 7-2
No No No N/A
ANALYSIS IN PREVIOUS ENVIRONMENTAL DOCUMENTS
The 2017 EIR addresses agricultural and forestry resources in Chapter 7, CEQA-Mandated Sections. The 2017 EIR found that the implementation of the 2030 Comprehensive Plan would have no impacts related to agricultural and forestry resources.
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PROJECT-SPECIFIC IMPACTS
a. Would the project convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Although there are approximately nine acres of Prime Farmland and 11 acres of Unique Farmland within Palo Alto, none of the sites in the Sites Inventory or areas proposed to be rezoned are located on agricultural land. The proposed HEU would facilitate increased housing on non-vacant and underutilized sites that are in urbanized areas. Therefore, the project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non- agricultural use, and there would be no impact, generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
According to the 2017 EIR, there are a total of 24 properties under the Williamson Act Contract.
The proposed HEU would facilitate increased housing on non-vacant and underutilized sites that are in urbanized areas and would not involve changes to existing agricultural land or conflict with a Williamson Act Contract. Therefore, there would be no impact, generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d. Would the project result in the loss of forest land or conversion of forest land to non-forest use?
e. Would the project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? According to the 2017 EIR and the California Department of Forestry and Fire Protection (CAL FIRE), forest lands are primarily located in the southern foothills. CAL FIRE also shows scattered, isolated forestland within urbanized areas of the city. However, these areas are contained within parks, creek corridors, and built-out residential neighborhoods. No forest land, timberland, or timberland zoned Timberland Production are proposed for redevelopment, rezoning, or land use changes by the proposed HEU. The proposed HEU would facilitate increased housing only on non-vacant and underutilized sites that are in urbanized areas.
Therefore, there would be no impact, generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more Item 9
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severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
CONCLUSION
The project would have less than significant impacts on agriculture or forestry resources, the same as those identified in the 2017 EIR. Therefore, the project would not result in new significant effects not addressed in the prior EIR, and no new mitigation measures are warranted. This issue does not require further study in an EIR.
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3 Air Quality
Where was
Impact Analyzed
in the EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New
or Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Conflict with or obstruct
implementation of the
applicable air quality
plan?
EIR Pages 4.2-2
through 4.2-13
No No No No
b. Result in a cumulatively
considerable net
increase of any criteria
pollutant for which the
project region is non-
attainment under an
applicable federal or
state ambient air quality
standard?
EIR Pages 4.2-13
through 4.2-21
No No No No
c. Expose sensitive
receptors to substantial
pollutant
concentrations?
EIR Pages 4.2-22
through 4.2-29
No No No No
d. Result in other emissions
(such as those leading to
odors) adversely
affecting a substantial
number of people?
EIR Pages 4.2-29
through 4.2-31
No No No N/A
ANALYSIS IN PREVIOUS ENVIRONMENTAL DOCUMENTS
Section 4.2, Air Quality, of the 2017 EIR analyzed the 2030 Comprehensive Plan’s impacts related to air quality. The 2017 EIR found that implementation of the 2030 Comprehensive Plan could conflict with or obstruct the implementation of the 2010 Bay Area Clean Air Plan.
Although Scenario 6 was found to result in a lower vehicle miles traveled (VMT) per capita and a lower VMT per service population than under existing conditions at the time, it could not be verified whether the 2030 Comprehensive Plan would aid or hinder implementation of control measures outlined in the 2010 Bay Area Clean Air Plan. Therefore, Mitigation Measure AIR-1 would be required to reduce impacts to a less than significant level.
The 2017 EIR also found that the 2030 Comprehensive Plan could violate an air quality standard; contribute substantially to an existing or project air quality violation; and/or result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard, resulting in significant and unavoidable impacts. Even with implementation of mitigation measures AIR-2a through 2d, impacts would be significant since future development projects would contribute to increases in concentrations of air pollutants.
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AIR QUALITY
36 | Page Addendum to the 2030 Comprehensive Plan EIR The 2017 EIR found that implementation of the 2030 Comprehensive Plan could expose sensitive receptors to substantial concentrations of Toxic Air Contaminants (TACs), and mitigation measures AIR-3a through 3d would be required to reduce impacts to a less than significant level. Additionally, the implementation of the 2030 Comprehensive Plan could expose a substantial number of people to objectionable odors. Therefore, mitigation measure AIR-4 would be required to reduce odor impacts to a less than significant level.
Table 6 lists the mitigation measures from the 2017 EIR related to air quality.
Table 6 2017 EIR Mitigation Measures: Air Quality
Mitigation
Measure # Mitigation Text
Impact AIR-1: Without inclusion of air quality policies, implementation of the proposed Plan could conflict with or obstruct implementation of the applicable air quality plan. (Significant and Mitigable) AIR-1 To ensure consistency with the 2010 Bay Area Clean Air Plan, the proposed Plan shall include policies that address the following topics:
Reduction in emissions of particulates from automobiles, manufacturing, construction activity, and other sources (e.g. dry cleaning, wood burning, landscape maintenance). Support for regional, State, and federal programs that improve air quality. Support for transit, bicycling, and walking.
Mix of uses (e.g. housing near employment centers) and development types (e.g. infill) to reduce the need to drive.
Impact AIR-2: Implementation of the proposed Plan could violate an air quality standard; contribute substantially to an existing or project air quality violation; and/or result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). (Significant and Unavoidable) AIR-2a As part of the City’s development approval process, the City shall require applicants for future development projects to comply with the current BAAQMD basic control measures for reducing construction emissions of PM10 (Table 8-1, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the BAAQMD CEQA Guidelines).
AIR-2b Prior to issuance of construction permits, development project applicants that are subject to CEQA and have the potential to exceed the BAAQMD screening-criteria listed in the BAAQMD CEQA Guidelines shall prepare and submit to the City of Palo Alto a technical assessment evaluating potential project construction-related air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If construction related criteria air pollutants are determined to have the potential to exceed the BAAQMD thresholds of significance, as identified in the BAAQMD CEQA Guidelines, the City of Palo Alto shall require that applicants for new development projects incorporate mitigation measures (Table 8-2, Additional Construction Mitigation Measures Recommended for Projects with Construction Emissions Above the Threshold, of the BAAQMD CEQA Guidelines or applicable construction mitigation measures subsequently approved by BAAQMD) to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning and Community Environment Department.
AIR-2c To ensure that development projects that have the potential to exceed the BAAQMD screening criteria air pollutants listed in the BAAQMD CEQA Guidelines reduce regional air pollutant emissions below the BAAQMD thresholds of significance, the proposed Plan shall include policies that address the following topic:
Require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines Item 9
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Mitigation
Measure # Mitigation Text
AIR-2d Implement Mitigation Measure TRANS-1a. In addition, to reduce long-term air quality impacts by emphasizing walkable neighborhoods and supporting alternative modes of transportation., the proposed Plan shall include policies that address the following topic:
Enhanced pedestrian and bicycle connections between commercial and mixed-use centers.
Impact AIR-3: Implementation of the proposed Plan would expose sensitive receptors to substantial concentrations of air pollution. (Significant and Mitigable)
AIR-3a The City of Palo Alto shall update its CEQA Procedures to require that future non-residential projects within the city that: 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel powered TRUs, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary Project approval or shall comply with best practices recommended for implementation by the BAAQMD. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms.
Mitigation measures and best practices may include but are not limited to:
Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible. Electrifying warehousing docks.
Requiring use of newer equipment and/or vehicles.
Restricting off-site truck travel through the creation of truck routes.
Mitigation measures identified in the project-specific HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of a proposed project.
AIR-3b To ensure that new industrial and warehousing projects with the potential to generate new stationary and mobile sources of air toxics that exceed the BAAQMD project level and/or cumulative significance thresholds for toxic air contaminants and PM2.5 listed in the BAAQMD CEQA Guidelines reduce emissions below the BAAQMD thresholds of significance, the proposed Plan shall include policies that address the following topic:
Require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines.
AIR-3c The City of Palo Alto shall update its CEQA Procedures to require that residential and other sensitive land use projects (e.g., hospitals, nursing homes, and day care centers) that are subject to CEQA and are not classified as exempt within 1,000 feet of a major sources of TACs (e.g., warehouses, industrial areas, freeways, and roadways with traffic volumes over 10,000 vehicle per day), as measured from the property line of the project to the property line of the source/edge of the nearest travel lane, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary Project approval or shall comply with best practices recommended by the BAAQMD.
The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA) and the BAAQMD. The latest OEHHA guidelines shall be used for the analysis, including age sensitivity factors, breathing rates, and body weights appropriate for children age zero to 16 years. If the HRA exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and non-cancer risks to an acceptable level (i.e., below 10 in one million or a hazard index of 1.0), including appropriate enforcement mechanisms.
Measures and/or best practices to reduce risk may include but are not limited to:
Air intakes located away from high volume roadways and/or truck loading zones. Heating, ventilation, and air conditioning systems of the buildings provided with appropriately sized Maximum Efficiency Rating Value (MERV) filters.
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38 | Page Addendum to the 2030 Comprehensive Plan EIR Mitigation
Measure # Mitigation Text
Mitigation measures identified in the HRA and best practices shall be incorporated into the site development plan as a condition of approval. The air intake design and MERV filter requirements shall be noted and/or reflected on all building plans submitted to the City and shall be verified by the City.
AIR-3d Amend the Palo Alto Municipal Code to require applicants for new ministerial projects, or new discretionary projects that are exempt from CEQA, within 1,000 feet of a major sources of TACs (e.g., warehouses, industrial areas, freeways, and roadways with traffic volumes over 10,000 vehicle per day), as measured from the property line of the project to the property line of the source/edge of the nearest travel lane, to either submit an HRA showing that BAAQMD significance thresholds would not be exceeded, or provide a filtration system capable of filtering out 90 percent of fine inhalable particulates and diesel particulate matter.
Impact AIR-4: Implementation of the proposed Plan could create or expose a substantial number of people to objectionable odors unless policies are integrated into the proposed Plan. (Significant and Mitigable) AIR-4 To reduce odor impacts, the proposed Plan shall include policies that address the following topic:
Buffers and other mitigation methods to avoid human health impacts from sources of odor and/or toxic air contaminants.
Source: City of Palo Alto 2016
BAAQMD SIGNIFICANCE THRESHOLDS
This analysis uses the Bay Area Air Quality Management District’s (BAAQMD’s) May 2017 CEQA Air Quality Guidelines to evaluate air quality. The plan-level thresholds specified in the May 2017 BAAQMD CEQA Air Quality Guidelines were used to determine whether the proposed HEU’s impacts would exceed the thresholds identified in CEQA Guidelines Appendix G.
CONSISTENCY WITH AIR QUALITY PLAN
Under BAAQMD’s methodology, a determination of consistency with CEQA Guidelines thresholds should demonstrate that a project:
1. Supports the primary goals of the 2017 Clean Air Plan
2. Includes applicable control measures from the 2017 Clean Air Plan
3. Does not disrupt or hinder implementation of any 2017 Clean Air Plan control measures
CONSTRUCTION EMISSIONS THRESHOLDS
The BAAQMD’s May 2017 CEQA Air Quality Guidelines have no plan-level significance thresholds for construction air pollutants emissions. However, they do include project-level screening and emissions thresholds for temporary construction-related emissions of air pollutants. These thresholds represent the levels at which a project’s individual emissions of criteria air pollutants or precursors would result in a cumulatively considerable contribution to the San Francisco Bay Area Air Basin’s (SFBAAB) existing air quality conditions and are discussed in detail below (BAAQMD 2017a). Construction emissions associated with plan implementation are discussed qualitatively to evaluate potential air quality impacts.
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result in potentially significant air quality impacts. The screening criteria for residential land uses are shown in Table 7.
Table 7 BAAQMD Criteria Air Pollutant Screening Levels
Land Use Type
Operational Criteria
Pollutant Screening Size (du)
Construction Criteria
Pollutant Screening Size (du)
Single-family 325 (NOX) 114 (ROG)
Apartment, low-rise 451 (ROG) 240 (ROG)
Apartment, mid-rise 494 (ROG) 240 (ROG)
Apartment, high-rise 510 (ROG) 249 (ROG)
Condo/townhouse, general 451 (ROG) 240 (ROG)
Condo/townhouse, high-rise 511 (ROG) 252 (ROG)
Mobile home park 450 (ROG) 114 (ROG)
Retirement community 487 (ROG) 114 (ROG)
Congregate care facility 657 (ROG) 240 (ROG)
du = dwelling unit; NOX = oxides of nitrogen; ROG = reactive organic gases Source: BAAQMD 2017a
If a project meets the screening criteria, then the lead agency or applicant would not need to perform a detailed air quality assessment of their project’s air pollutant emissions. These screening levels are generally representative of new development on greenfield sites without any form of mitigation measures taken into consideration (BAAQMD 2017a).
In addition to the screening levels above, several additional factors are outlined in the 2017 CEQA Air Quality Guidelines that construction activities must satisfy for a project to meet the construction screening criteria:
All basic construction measures from the 2017 CEQA Guidelines must be included in project design and implemented during construction
Construction-related activities would not include any of the following:
Demolition
Simultaneous occurrence of more than two construction phases (e.g., paving and building construction would occur simultaneously)
Simultaneous construction of more than one land use type (e.g., project would develop residential and commercial uses on the same site) (not applicable to high density infill development)
Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a considerable amount of haul truck activity
For projects that do not meet the screening criteria above, the BAAQMD construction significance thresholds for criteria air pollutants, shown in Table 8, are used to evaluate a project’s potential air quality impacts.
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40 | Page Addendum to the 2030 Comprehensive Plan EIR Table 8 BAAQMD Criteria Air Pollutant Significance Thresholds Pollutant
Construction Thresholds
Average Daily Emissions (lbs/day)
Operational Threshold
Average Daily Emissions (lbs/day)
Operational Threshold
Maximum Annual
Emissions (tons/year)
ROG 54 54 10
NOX 54 54 10
PM10 82 (exhaust) 82 15
PM2.5 54 (exhaust) 54 10
Fugitive Dust Construction Dust Ordinance or other
Best Management Practices
Not Applicable Not Applicable
lbs = pounds; NOX = oxides of nitrogen; ROG = reactive organic gases; PM2.5 = particulate matter with an aerodynamic diameter equal to or less than 2.5 microns
Source: BAAQMD 2017a
For all projects in the SFBAAB, the BAAQMD 2017 CEQA Air Quality Guidelines recommends implementation of the Basic Construction Mitigation Measures listed in Table 8-2 of the Guidelines (BAAQMD 2017a). For projects that exceed the thresholds in Table 8, the BAAQMD 2017 CEQA Air Quality Guidelines recommends implementation of the Additional Construction mitigation measures listed in Table 8-3 of the Guidelines (BAAQMD 2017a).
OPERATIONAL EMISSIONS THRESHOLDS
The BAAQMD’s 2017 CEQA Air Quality Guidelines contain specific operational plan-level significance thresholds for criteria air pollutants. Plans must show the following over the planning period:
Consistency with current air quality plan control measures, and A proposed plan’s projected VMT or vehicle trips (either measure may be used) increase is less than or equal to the plan’s projected population increase.
The current air quality plan is the 2017 Clean Air Plan. If a plan can demonstrate consistency with both criteria, then impacts would be less than significant.
For project-level thresholds, the screening criteria for operational emissions are shown in Table 7. For projects that do not meet the screening criteria, the BAAQMD operational significance thresholds for criteria air pollutants, shown in Table 8, are used to evaluate a project’s potential air quality impacts.
CARBON MONOXIDE HOTSPOTS
BAAQMD provides a preliminary screening methodology to conservatively determine whether a proposed project would exceed carbon monoxide (CO) thresholds. If the following criteria are met, a project would result in a less than significant impact related to local CO concentrations:
The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans.
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Project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour.
Project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below-grade roadway).
A CO hotspot is a localized concentration of CO that is above a CO ambient air quality standard.
The entire Basin is in conformance with state and federal CO standards (BAAQMD 2017c). There are no current exceedances of CO standards within the BAAQMD jurisdiction and have not had a CO exceedance in the Bay Area since before 1994.3 For 2019 the Bay Area’s reported maximum 1-hour and average daily concentrations of CO were 5.6 ppm and 1.7 ppm respectively (BAAQMD 2019).4 These are well below the respective 1-hour and 8-hour standards of 20 ppm and 9 ppm. Given the ambient concentrations, which include mobile as well as stationary sources, a project in the Bay Area would need to emit concentrations three times the hourly maximum ambient emissions for all sources before project emissions would exceed the 1-hour standard. Additionally, the project would need to emit seven times the daily average for ambient concentrations to exceed the 8-hour standards. Typical development projects, even plan level growth, would not emit the levels of CO necessary to result in a localized hot spot.
T
OXIC AIR CONTAMINANTS
For health risks associated with TAC and PM2.5 emissions, the BAAQMD May 2017 CEQA Air Quality Guidelines state a project would result in a significant impact if the any of the following thresholds are exceeded (BAAQMD 2017b):
Non-compliance with Qualified Community Risk Reduction Plan; Increased cancer risk of > 10.0 in a million;
Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or Ambient PM2.5 increase of > 0.3 µg/m3 annual average
ODORS
The BAAQMD provides minimum distances for siting of new odor sources shown in Table 9. A significant impact would occur if the project would result in other emissions (such as odors) affecting substantial numbers of people or would site a new odor source as shown in Table 9 within the specified distances of existing receptors.
3 BAAQMD only has records for annual air quality summaries dating back to 1994. 4 Data for 2019 was used as the data for 2020 and 2021 are not currently available.
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42 | Page Addendum to the 2030 Comprehensive Plan EIR Table 9 BAAQMD Odor Source Thresholds
Odor Source Minimum Distance for Less than Significant Odor Impacts (in miles) Wastewater treatment plant 2
Wastewater pumping facilities 1
Sanitary Landfill 2
Transfer Station 1
Composting Facility 1
Petroleum Refinery 2
Asphalt Batch Plant 2
Chemical Manufacturing 2
Fiberglass Manufacturing 1
Painting/Coating Operations 1
Rendering Plant 2
Source: BAAQMD 2017a
METHODOLOGY
CONSTRUCTION EMISSIONS
Construction-related emissions are temporary but may still result in adverse air quality impacts.
Construction of development facilitated by the project would generate temporary emissions from three primary sources: the operation of construction vehicles (e.g., scrapers, loaders, dump trucks, etc.); ground disturbance during site preparation and grading, which creates fugitive dust; and the application of asphalt, paint, or other oil-based substances.
At this time, there is not sufficient detail to provide analysis of individual construction projects that would be facilitated by the project, and thus it would be speculative to analyze project- level impacts. Rather, consistent with the programmatic nature of the project, construction impacts for the project are discussed qualitatively and emissions are not compared to the project-level thresholds.
O
PERATION EMISSIONS
Based on plan-level guidance from the BAAQMD 2017 CEQA Air Quality Guidelines, long-term operational emissions associated with implementation of the proposed project are discussed qualitatively by comparing the proposed project to the 2017 Clean Air Plan goals, policies, and control measures. In addition, comparing the rate of increase of plan vehicle trips or VMT and population is recommended by BAAQMD for determining significance of criteria pollutants. If the proposed project does not meet either criterion then impacts would be potentially significant.
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PROJECT-SPECIFIC IMPACT ANALYSIS
a. Would the project conflict with or obstruct implementation of the applicable air quality plan?
The most current clean air plan, Spare the Air, Cool the Climate: A Blueprint for Clean Air and Climate Protection in the Bay Area (2017 Clean Air Plan) was adopted by BAAQMD April 2017 (BAAQMD 2017b). The legal impetus for the 2017 Clean Air Plan was to update the previous 2010 Clean Air Plan to comply with State air quality planning requirements as codified in the California Health & Safety Code. The 2017 Clean Air Plan either has updated or replaced the air quality plans that were discussed in the 2017 EIR.
The California Clean Air Act requires that air districts create a Clean Air Plan that describes how the jurisdiction will meet air quality standards. To fulfill State ozone planning requirements, the 2017 Clean Air Plan control strategy includes all feasible measures to reduce emissions of ozone
precursors—ROG and NOX—and reduce transport of ozone and its precursors to neighboring air basins. The Clean Air Plan builds upon and enhances the BAAQMD’s efforts to reduce emissions of fine particulate matter and TACs. The 2017 Clean Air Plan does not include control measures that apply directly to individual development projects. Instead, the control strategy includes control measures related to stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-GHG pollutants.
The 2017 Clean Air Plan focuses on two paramount goals, both consistent with the mission of BAAQMD:
Protect air quality and health at the regional and local scale by attaining all national and state air quality standards and eliminating disparities among Bay Area communities in cancer health risk from TACs; and
Protect the climate by reducing Bay Area GHG emissions to 40 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050
Under BAAQMD’s methodology, a determination of consistency with the 2017 Plan should demonstrate that a project:
Supports the primary goals of the air quality plan
Includes applicable control measures from the air quality plan Does not disrupt or hinder implementation of any air quality plan control measures A project that would not support the 2017 Clean Air Plan’s goals would not be considered consistent with the 2017 Clean Air Plan. Table 10 shows project consistency with applicable control measures from the 2017 Clean Air Plan.
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44 | Page Addendum to the 2030 Comprehensive Plan EIR
Table 10 Project Consistency with Applicable 2017 Clean Air Plan Control Measures Control Measures Consistency
Transportation
TR9: Bicycle and Pedestrian Access and
Facilities. Encourage planning for bicycle and
pedestrian facilities in local plans, e.g., general
and specific plans, fund bike lanes, routes, paths
and bicycle parking facilities.
Consistent: The proposed HEU would facilitate development of increased housing compared to the 2030 Comprehensive Plan within urbanized sites and in areas such as along El Camino Real, the California Avenue area, the Downtown area, near Bayshore Road, and in underutilized commercial areas. These areas are mostly near or adjacent to transportation corridors currently served by Class I, II, and III bicycle lanes such as University Avenue, Bryant Street, California Avenue, and Bayshore Road, which would encourage the use of bicycles and reduce reliance on single-occupancy vehicles. Future residents would also be able to utilize bicycle parking facilities around the city which would encourage residents to bicycle and walk to transit and services (City of Palo Alto 2012).
Energy
EN2: Decrease Electricity Demand. Work with
local governments to adopt additional energy-
efficiency policies and programs. Support local
government energy efficiency program via best
practices, model ordinances, and technical
support. Work with partners to develop
messaging to decrease electricity demand during
peak times.
Consistent. Development facilitated by the project would be required to comply with the PAMC Chapters 16.14 (California Green Building Standards Code) and 16.17 (California Energy Code), which mandates the implementation of the City’s sustainability and energy efficiency measures. Newly constructed buildings would be required to comply with the City’s All-Electric Mandate which requires an all-electric building design for single-family, low-rise multi-family, and non- residential development (City of Palo Alto 2022a). Although the inclusion of all-electric construction would increase electricity demand, electricity would be provided by City of Palo Alto Utilities (CPAU), which has provided 100 percent carbon neutral electricity since 2013 (City of Palo Alto 2022b).
Buildings
BL1: Green Buildings. Collaborate with partners
such as KyotoUSA to identify energy-related
improvements and opportunities for on-site
renewable energy systems in school districts;
investigate funding strategies to implement
upgrades. Identify barriers to effective local
implementation of the CALGreen (Title 24)
statewide building energy code; develop
solutions to improve
implementation/enforcement. Work with
ABAG’s BayREN program to make additional
funding available for energy-related projects in
the buildings sector. Engage with additional
partners to target reducing emissions from
specific types of buildings.
Consistent: Development facilitated by the project would be required to comply with the energy and sustainability standards of Title 24 (including the California Energy Code and CALGreen) and the City’s associated amendments that are in effect at that time. For example, the current 2022 CALGreen standards require a minimum of 65 percent diversion of construction and demolition debris while the City’s Construction and Demolition Debris Diversion Ordinance (PAMC Section
16.14.260) requires a minimum of 80 percent diversion for projects with a valuation of $25,000 or greater. Future development would be required to comply with the most recent Title 24 standards, which are updated every three years and become increasingly more stringent over time. Future development would also be subject to the Reach Code which would requires all-electric building design for single-family, low- rise multi-family, and non-residential development. Pursuant to Section
16.14.420 of the PAMC, new multi-family residences would be required to provide at least one Electric Vehicle Supply Equipment (EVSE) Ready outlet or EVSE installed for each residential unit in the structure for residential parking, and would be required to provide Conduit Only, EVSE Ready Outlet, or EVSE installed for at least 25 percent of guest parking spaces, among which at least 5 percent shall be EVSE installed.
Future development facilitated by the project would be required to comply with the most updated EV requirements in both the City’s Reach Code and Title 24 at the time of construction.
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Control Measures Consistency
Water
WR2: Support Water Conservation. Develop a
list of best practices that reduce water
consumption and increase on-site water
recycling in new and existing buildings;
incorporate into local planning guidance.
Consistent: Future development that needs new or expanded water service would be required to comply with the San Francisco Public Utilities Commission’s (SFPUC) and CALGreen’s water efficiency regulations, and the State’s Model Water Efficiency Landscape Ordinance to reduce indoor and outdoor water use.
Source: BAAQMD 2017b
As shown in Table 10, the project would be consistent with the applicable measures as development facilitated by the project would be required to comply with the latest Title 24 regulations and would increase density along transportation corridors and in the downtown area, allowing for greater use of alternative modes of transportation. Development facilitated by the project would not contain elements that would disrupt or hinder implementation of a 2017 Clean Air Plan control measures. Therefore, the project would be consistent with the 2017 Clean Air Plan.
PROJECT VEHICLE TRIP AND POPULATION GROWTH
According to the BAAQMD 2017 CEQA Air Quality Guidelines, the threshold for criteria air pollutants and precursors includes an assessment of the rate of increase of either the plan VMT or vehicle trips versus population growth. As discussed above under Environmental Setting, to result in a less than significant impact, the analysis must show that either the project’s projected VMT or vehicle trip increase would be less than or equal to its projected population increase. As shown in Table 11, vehicle trips associated with project buildout would increase by approximately 17.3 percent over baseline 2015 conditions and would not exceed the rate of increase from the forecast population of approximately 24.8 percent over baseline 2015 conditions. Therefore, the project’s vehicle trip increase would not conflict with the BAAQMD’s 2017 CEQA Air Quality Guidelines operational plan-level significance thresholds for criteria air pollutants and would be consistent with the 2017 Clean Air Plan. Accordingly, impacts would be less than significant, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan.
Table 11 Increase in Population Compared to Vehicle Trips Under Project Scenario Baseline (2015)
2023-2031 Housing
Element Update
(Proposed Project) Net Increase Percent Change
Population 69,537 86,756 17,219 24.8%
Vehicle Trips 96,097 112,696 16,599 17.3%
Source: Data provided by Hexagon Transportation Consultants, Inc. 2023 Item 9
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46 | Page Addendum to the 2030 Comprehensive Plan EIR b. Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation?
CONSTRUCTION
Development facilitated by the proposed HEU would involve activities that result in air pollutant emissions. Construction activities such as demolition, grading, construction worker travel, delivery and hauling of construction supplies and debris, and fuel combustion by on-site construction equipment would generate pollutant emissions. These construction activities would temporarily create emissions of dust, fumes, equipment exhaust, and other air contaminants, particularly during site preparation and grading. The extent of daily emissions, particularly ROGs and NO
X emissions, generated by construction equipment, would depend on the quantity of equipment used and the hours of operation for each project. The extent of PM2.5 and PM10 emissions would depend upon the following factors: 1) the amount of disturbed soils; 2) the length of disturbance time; 3) whether existing structures are demolished; 4) whether excavation is involved; and 5) whether transporting excavated materials offsite is necessary. Dust emissions can lead to both nuisance and health impacts. According to the 2017 BAAQMD CEQA Air Quality Guidelines, PM10 is the greatest pollutant of concern during construction (BAAQMD 2017a).
As discussed above under BAAQMD Significance Thresholds, BAAQMD’s 2017 CEQA Air Quality Guidelines have no plan-level significance thresholds for construction air pollutant emissions that would apply to the project. However, the guidelines include project-level thresholds for construction emissions. If an individual project’s construction emissions fall below the project- level thresholds, the project’s impacts on regional air quality would be individually and cumulatively less than significant. Mitigation Measure AIR-2b of the 2017 EIR would require future development that does not meet the BAAQMD construction screening criteria under Table 7 to conduct individual air quality analysis and compare emissions to BAAQMD significance thresholds as detailed under Table 8, and to implement mitigation measures to reduce emissions.
Construction of development envisioned under the project would temporarily increase air pollutant emissions, possibly creating localized areas of unhealthy air pollution concentrations or air quality nuisances. Therefore, construction air quality impacts would be potentially significant. Furthermore, site preparation and grading during construction activities facilitated by development under the proposed project may cause wind-blown dust that could contribute particulate matter into the local atmosphere. The BAAQMD has not established a quantitative threshold for fugitive dust emissions but rather states that projects that incorporate best management practices (BMPs) for fugitive dust control during construction would have a less- than-significant impact related to fugitive dust emissions. The BAAQMD has identified feasible fugitive dust control measures for construction activities. These Basic Construction Mitigation Measures are recommended for all projects (BAAQMD 2017a). In addition, the BAAQMD and CARB have regulations that address the handling of hazardous air pollutants such as lead and asbestos, which could be aerially disbursed during demolition activities. BAAQMD rules and regulations address both the handling and transport of these contaminants. Mitigation Item 9
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Measure AIR-2a of the 2017 EIR would require future development to comply with the BAAQMD Basic Construction Mitigation Measures to reduce fugitive dust emissions. However, as discussed in the 2017 EIR, construction impacts would still remain significant and unavoidable due to the programmatic nature of the project, similar to the 2030 Comprehensive Plan as analyzed in the 2017 EIR. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
OPERATION
According to the BAAQMD 2017 CEQA Air Quality Guidelines, the threshold for criteria air pollutants and precursors includes an assessment of the rate of increase of plan VMT or vehicle trips versus population growth. As discussed above under Environmental Setting, to result in a less than significant impact, the analysis must show that the project’s projected VMT or vehicle trips increase would be less than or equal to its projected population increase. Table 11 under Checklist Question (a) summarizes the net increase in population versus vehicle trips based on modeling performed by Hexagon Transportation Consultants, Inc. Because the vehicle trips associated with project buildout would increase by approximately 17.3 percent over baseline 2015 conditions, it would not exceed the rate of increase from the forecast population growth of approximately 24.8 percent over baseline 2015 conditions. Vehicle trips increase at a lower percentage because the proposed project would concentrate increased residential units in proximity to jobs and services to reduce singular vehicle trips and encourage alternative models of travel. Therefore, impacts concerning criteria pollutants generated from operation of the project would be less than significant and would be generally the same as for the 2030 Comprehensive Plan as analyzed in the 2017 EIR.
Future development would continue to be required to implement policies N-5.1, N-5.5, T-1.9, and L-2.2 of the 2030 Comprehensive Plan, adopted in compliance with mitigation measures AIR-2c and 2d of the 2017 EIR, which would require compliance with BAAQMD requirements and support for alternative modes of transportation. However, as analyzed in the 2017 EIR, Scenario 6 would cumulatively contribute to the nonattainment designations (ozone, PM 10, and
PM2.5) of the Basin and would have a significant and unavoidable impact by contributing to the regional air quality problem. Therefore, since the proposed HEU would increase the number of residential units by 919 units compared to Scenario 6, operational impacts for the proposed HEU would be slightly increased compared to those identified in the 2017 EIR and would remain significant and unavoidable. However, similar to the 2017 EIR, development facilitated by the proposed HEU would place residents in urbanized areas in proximity to services, jobs, and transit, which would reduce VMT by reducing reliance on single-occupancy vehicles.
Additionally, the prohibition of natural gas and inclusion of all-electric new construction would reduce the amount of criteria air pollutants, and the required inclusion of EVSE in new multi- family dwelling units would also further reduce emissions due to increased vehicle efficiency.
Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
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48 | Page Addendum to the 2030 Comprehensive Plan EIR c. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)?
CARBON MONOXIDE HOTSPOTS
As discussed above under BAAQMD Significance Thresholds, typical development projects, even plan level growth, would not emit the levels of CO necessary to result in a localized hotspot.
Therefore, CO hotspots are not discussed further in this analysis. Impacts to CO hotspots would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
TOXIC AIR CONTAMINANTS
CONSTRUCTION
Construction-related activities would result in short-term emissions of diesel particulate matter (DPM) exhaust emissions from off-road, heavy-duty diesel equipment for site preparation (e.g., excavation, grading, and clearing), building construction, and other miscellaneous activities.
DPM was identified as a TAC by CARB in 1998. The potential cancer risk from the inhalation of DPM, as discussed below, outweighs the potential non-cancer5 health impacts (CARB 2021).
Generation of DPM from construction typically occurs in a single area for a short period.
Construction of development facilitated by the project would occur over approximately a decade, but use of diesel-powered construction equipment in any one area would likely occur for no more than a few years for an individual project and would cease when construction is completed in that area. It is impossible to quantify risk without identified specific project details, timelines, and locations.
Projects developed under the proposed HEU would be required to comply with applicable BAAQMD regulatory requirements and control strategies and the CARB In-Use Off-Road Diesel Vehicle Regulation, which are intended to reduce emissions from construction equipment and activities. Additionally, future development facilitated by the proposed HEU would be required to comply with Mitigation Measure AQ-2a of the 2017 EIR, requiring implementation of construction emission measures that would reduce construction-related TACs. According to the OEHHA, construction of individual projects lasting longer than two months or placed within 1,000 feet of sensitive receptors could potentially expose nearby sensitive receptors to substantial pollutant concentrations and therefore could result in potentially significant risk impacts (OEHHA 2015). These projects could exceed BAAQMD’s thresholds of an increased cancer risk of greater than 10.0 in a million and an increased non-cancer risk of greater than 1.0 Hazard Index (Chronic or Acute). Therefore, construction impacts from TAC emissions would be
5 Non-cancer risks include premature death, hospitalizations and emergency department visits for exacerbated chronic heart and lung disease, including asthma, increased respiratory symptoms, and decreased lung function (CARB 2021a).
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potentially significant. However, future development would be required to comply with Mitigation Measure AIR-3a of the 2017 EIR, which outlines requirements for the preparation of health risk assessments (HRA) and the inclusion of best practices, as well as Policy N-5.6 of the 2030 Comprehensive Plan, adopted in compliance with Mitigation Measure AIR-3b of the 2017 EIR, which would ensure compliance with BAAQMD requirements. Therefore, this impact would be less than significant with mitigation, and would be generally the same as for the 2030 Comprehensive Plan as analyzed in the 2017 EIR. There would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, and further analysis is not warranted.
OPERATION
In the Bay Area, there are several urban or industrialized communities where the exposure to TACs is relatively high in comparison to others. The City of Palo Alto is not located in an impacted community according to BAAQMD CEQA Guidelines. Sources of TACs include, but are not limited to, land uses such as freeways and high-volume roadways, truck distribution centers, ports, rail yards, refineries, chrome plating facilities, dry cleaners using perchloroethylene, and gasoline dispensing facilities (BAAQMD 2017a). Operation of development facilitated by the project would not involve these uses, and therefore, would not be considered a source of TACs. In addition, residences do not typically include new stationary sources onsite, such as emergency diesel generators. However, if a residential project did include a new stationary source onsite, it would be subject to BAAQMD Regulation 2, Rule 2 (New Source Review) and require permitting. This process would ensure that the stationary source does not exceed applicable BAAQMD health risk thresholds. Development facilitated by the project would be required to comply with the residential indoor air quality requirements in the Title 24 Building Energy Efficiency Standards, which currently require Minimum Efficiency Reporting Value 13 (or equivalent) filters for heating/cooling systems and ventilation systems in residences (Section 150.0[m])). Therefore, this impact would be less than significant, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan.
There would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, and further analysis is not warranted.
P
ROJECT SITING
Development facilitated by the project would occur under the jurisdiction of BAAQMD. CARB screening methodology for project siting is used in this analysis. In 2005, CARB issued recommendations to avoid siting new residences within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day or close to known stationary TAC sources (CARB 2005). BAAQMD’s average daily traffic (ADT) threshold is lower, at 10,000 vehicles per day (BAAQMD 2017a).
Development facilitated by the project could place sensitive receptors living in housing within approximately 500 to 1,000 feet of roadways with more than 10,000 annual average daily traffic (AADT), and highways or freeways. Examples of roadways with over 10,000 vehicles per day include US 101, SR 82/El Camino Real, I-280, Middlefield Road, Alma Street, Foothill Expressway/Junipero Serra Boulevard, University Avenue, Embarcadero Road, Oregon Item 9
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AIR QUALITY
50 | Page Addendum to the 2030 Comprehensive Plan EIR Expressway/Page Mill Road, Charleston Road/ Arastradero Road, and San Antonio Road. In addition, portions of Lytton Avenue, Manhattan Avenue, Arboretum Road, Quarry Road, Pasteur Drive, California Avenue, Fabian Way, and California Street are also identified as high- volume roadways (City of Palo Alto 2017a). Additionally, development facilitated by the project could also place sensitive receptors living in housing in proximity to stationary sources of TACs such as dry cleaners and gasoline-dispensing facilities. The proposed project would facilitate increased housing compared to the 2017 EIR which could potentially expose an increased number of residents to sources of TACs and PM
2.5. However, future development would be
required to comply with mitigation measures AIR-3c and 3d identified in the 2017 EIR, which would require the preparation of HRAs for residential and sensitive land use projects or new ministerial projects located within 1,000 feet of a major source of TAC. Therefore, this impact would be less than significant with mitigation, generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because here would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
d. Would the project expose sensitive receptors to substantial pollutant concentrations? During construction activities, heavy equipment and vehicles would emit odors associated with vehicle and engine exhaust both during normal use and when idling. However, these odors would be temporary and transitory and would cease upon completion. Therefore, development facilitated by the project would not generate objectionable odors affecting a substantial number of people.
BAAQMD includes odor screening distances for land uses with the potential to generate substantial odor complaints. Those uses include wastewater treatment plants, landfills or transfer stations, refineries, composting facilities, confined animal facilities, food manufacturing, smelting plants, and chemical plants. The proposed HEU includes residential uses which do not typically generate odors. The 2017 EIR included mitigation to address impacts associated with placing new residential uses in proximity to odor sources. Although the proposed project would increase the number of residential units compared to the 2017 EIR, future development would be required to comply with Policy N-5.4 of the 2030 Comprehensive Plan, adopted in compliance with Mitigation Measure AIR-4 of the 2017 EIR, which would reduce the potential for residents to be exposed to odors through buffers and other mitigation methods. Therefore, this impact would be less than significant with mitigation and would be generally the same as for the 2030 Comprehensive Plan as analyzed in the 2017 EIR. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
CONCLUSION
Although the proposed HEU would facilitate the development of 919 more residential units than analyzed under the 2030 Comprehensive Plan, future development would continue to implement Mitigation Measures 2a and 2b, 3a and 3c, as well as policies adopted in compliance with Mitigation Measures AIR-2c and 2d, 3b, and 4, which would reduce air quality impacts to a Item 9
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less than significant level. However, similar to the 2017 EIR, the proposed project could cumulatively contribute to the nonattainment designations (ozone, PM10, and PM2.5) of the Basin and would have a significant and unavoidable impact by contributing to the regional air quality problem. Therefore, the project would not result in new or substantially more severe significant effects not addressed in the prior EIR, and no new mitigation measures are warranted, but impacts would remain significant and unavoidable. This issue does not require further study in an EIR.
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4 Biological Resources
Where was
Impact
Analyzed in the
EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New
or Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Have a substantial
adverse effect, either
directly or through
habitat modifications, on
any species identified as
a candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service?
EIR Pages 4.3-6
through 4.3-8
No No No Yes
b. Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service?
EIR Pages 4.3-8
through 4.3-9
No No No N/A
c. Have a substantial
adverse effect on state
or federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal, etc.)
through direct removal,
filling, hydrological
interruption, or other
means?
EIR Pages 4.3-8
through 4.3-9
No No No N/A
d. Interfere substantially
with the movement of
any native resident or
migratory fish or wildlife
species or with
established native
resident or migratory
wildlife corridors, or
impede the use of native
wildlife nursery sites?
EIR Page 4.3-9 No No No Yes
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54 | Page Addendum to the 2030 Comprehensive Plan EIR
Where was
Impact
Analyzed in the
EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New
or Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
e. Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
EIR Pages 4.3-10
through 4.3-12
No No No Yes
f. Conflict with the
provisions of an adopted
Habitat Conservation
Plan, Natural Community
Conservation Plan, or
other approved local,
regional, or state habitat
conservation plan?
EIR Page 4.3-12
through 4.3-13;
4.9-15 through
4.9-16
No No No N/A
ANALYSIS IN PREVIOUS ENVIRONMENTAL DOCUMENTS
Section 4.3, Biological Resources, of the 2017 EIR found that the 2030 Comprehensive Plan would not have a substantial adverse effect on special-status species; riparian habitats; sensitive natural communities identified in local or regional plans, policies, or regulations; federally protected wetlands; or the movement of any native resident or migratory fish or wildlife species. Additionally, the 2030 Comprehensive Plan would not conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy, or an adopted Habitat Conservation Plan or Natural Community Conservation Plan.
PROJECT-SPECIFIC IMPACTS
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
The proposed HEU would substantially affect special-status species if it would allow development that would remove their habitat such as wetlands or riparian vegetation along non-channelized creeks. Although the proposed HEU would facilitate 919 more residential units compared to what was analyzed in the 2017 EIR, the proposed HEU would only increase residential density on non-vacant and underutilized sites in urbanized areas of the city generally away from open space preserves and non-channelized creeks and would not directly or indirectly impact the habitat of special-status species. Additionally, implementation of the proposed HEU would involve disturbance in the same areas as analyzed in the 2017 EIR (citywide) and the citywide conditions have not substantially changed since the time of the EIR.
Therefore, this impact would be less than significant, and would be generally the same as the Item 9
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impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted .
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Similar to what was analyzed in the 2017 EIR, the proposed HEU does not propose development of open space areas, creeks, or wetlands that would result in impacts to these resources. The proposed HEU would only increase density on non-vacant and underutilized sites in urbanized areas of the city. Riparian resources are protected by the City’s tree preservation and management regulations, the Urban Forest Master Plan, and California Fish and Game Code.
Future projects that affect the bed, bank, or channel of a creek or stream where riparian vegetation is located would require authorization to do so. Wetlands are protected by the federal Clean Water Act, and impacts to wetlands as a result of future development facilitated by the proposed HEU would require a permit from the United States Army Corps of Engineers (USACE) and the Regional Water Quality Control Board (RWQCB). In addition, implementation of the proposed HEU would involve disturbance in the same areas as analyzed in the 2017 EIR (citywide) and the citywide conditions have not substantially changed since the time of the EIR.
Therefore, although the proposed HEU would increase the number of residential units by 919 units compared to what was analyzed in the 2017 EIR, with compliance with existing federal, State, and local regulations, impacts would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive. Because there would be no new or substantially more severe impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Although the proposed HEU would increase the number of residential units by 919 units compared to what was analyzed in the 2017 EIR, it would facilitate development only on non- vacant and underutilized sites in urbanized areas of the city and would not block or remove wildlife corridors or interfere with fish or wildlife migration or rearing sites. The proposed HEU does not envision development in open space areas or within the Baylands area of Palo Alto.
Future projects requiring discretionary approval and with the potential to affect wildlife corridors in Palo Alto would be assessed and mitigated during project-specific review under the California Environmental Quality Act (CEQA). In addition, future projects that impact creek bed, bank, or channel would require authorization from federal and State agencies, including the USACE, United States Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric Administration (NOAA) Fisheries, California Department of Fish and Wildlife (CDFW), and Item 9
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56 | Page Addendum to the 2030 Comprehensive Plan EIR RWQCB, as applicable (City of Palo Alto 2017a). Implementation of the proposed HEU would also involve disturbance in the same areas as analyzed in the 2017 EIR (citywide) and the citywide conditions have not substantially changed since the time of the EIR. Therefore, this impact would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or as defined by the City of Palo Alto’s Tree Preservation Ordinance (Municipal Code Section 8.10)?
Although the proposed HEU does not explicitly propose the removal of trees, development facilitated under the proposed HEU could result in the removal of existing trees on private or public properties. Although the proposed HEU would increase the number of residential units by 919 units compared to buildout assumed in the 2017 EIR, future development would be required to comply with the City’s Urban Forest Master Plan; Street Tree Management Plan; Line Clearing Program; Right Tree, Right Place Program; Tree Protection Ordinance Update adopted on June 6, 2022; and Chapter 8.10 of the PAMC which outlines requirements for tree and landscape preservation and management. Therefore, this impact would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe impacts than what was analyzed in the 2017 EIR, further analysis is not warranted. f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
As discussed in the 2017 EIR, although Palo Alto is not in the Santa Clara Valley Habitat Conservation Plan (HCP)/Natural Community Conservation Plan (NCCP), lands in the Baylands area of Palo Alto have been identified in the Santa Clara Valley HCP/NCCP as suitable mitigation lands for impacts to the western burrowing owl caused by development in the Santa Clara Valley HCP/NCCP Plan Area. Additionally, the Stanford HCP identifies four management zones according to habitat value for Covered Species. However, the proposed HEU does not include housing sites within the Baylands area of Palo Alto or within the Stanford HCP limits. The proposed HEU would also facilitate development on non-vacant and underutilized sites in urbanized areas where species are not present. Therefore, the proposed HEU would not conflict with the Santa Clara Valley HCP/NCCP or the Stanford HCP. This impact would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
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CONCLUSION
Although the proposed HEU would facilitate the development of 919 more residential units than analyzed under the 2017 EIR, future development would be required to comply with federal, State, and local regulations pertaining to biological resources which would reduce impacts to a less than significant level. Therefore, the project would not result in new significant effects not addressed in the prior EIR, and no new mitigation measures are warranted. This issue does not require further study in an EIR.
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5 Cultural Resources
Where was
Impact
Analyzed in
the EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New
or Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Cause a substantial adverse
change in the significance
of a historical resource
pursuant to §15064.5?
EIR Pages
4.4-2 through
4.4-6
No No No Yes
b. Cause a substantial adverse
change in the significance
of an archaeological
resource pursuant to
§15064.5?
EIR Pages
4.4-7 through
4.4-9
No No No Yes
c. Disturb any human
remains, including those
interred outside of formal
cemeteries?
EIR Pages
4.4-9 through
4.4-10
No No No Yes
ANALYSIS IN PREVIOUS ENVIRONMENTAL DOCUMENTS
Section 4.4, Cultural Resources, of the 2017 EIR analyzes the 2030 Comprehensive Plan’s impacts related to cultural resources. The 2017 EIR found that the 2030 Comprehensive Plan could adversely affect a historic resource listed or eligible for listing on the National and/or California Register, or listed on the City’s Historic Inventory, since the City’s historical resource inventory is out of date, and the City’s ordinance does not explicitly prohibit demolition of historic resources. Therefore, mitigation measure CULT-1 was required and was found to reduce impacts to a less than significant level.
The 2017 EIR also found that the 2030 Comprehensive Plan could eliminate important examples of major periods of California history or prehistory since it could result in the demolition or modification of an historical resource; permittance of inappropriate new construction adjacent to an historical resource; or result in the demolition, relocation, or alteration of an archaeological or paleontological resource. Therefore, mitigation measure CULT-2 was required and was found to reduce impacts to a less than significant level.
The 2017 EIR also found that buildout in accordance with the 2030 Comprehensive Plan could cause damage to an important archaeological resource as defined in Section 15064.5 of the CEQA Guidelines without mitigation to address unknown resources that could be uncovered.
Mitigation Measure CULT-3 was required and was found to reduce impacts to a less than significant level.
The 2017 EIR found that the 2030 Comprehensive Plan would not disturb any human remains, including those interred outside of formal cemeteries.
Table 12 lists the mitigation measures from the 2017 EIR related to cultural resources.
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60 | Page Addendum to the 2030 Comprehensive Plan EIR Table 12 2017 EIR Mitigation Measures: Cultural Resources Mitigation
Measure # Mitigation Text
Impact CULT-1: Implementation of the proposed Plan could adversely affect a historic resource listed or eligible for listing on the National and/or California Register, or listed on the City’s Historic Inventory. (Significant and Mitigable) CULT-1 To ensure the protection of historic resources listed on the National and/or California Register or the City’s Historic Resource Inventory, the proposed Plan shall include policies that address the following topics:
The effectiveness of the Historic Preservation Ordinance in preserving historic resources. Periodic updates to and maintenance of the City’s Historic Resource Inventory. Process for including potential historic resources in the City’s Historic Resources Inventory. Protection of archaeological resources.
Impact CULT-2: Implementation of the proposed Plan could eliminate important examples of major periods of California history or prehistory. (Significant and Mitigable)
CULT-2 Implement Mitigation Measure CULT-1.
Impact CULT-3: Implementation of the proposed Plan could cause damage to an important archaeological resource as defined in Section 15064.5 of the CEQA Guidelines. (Significant and Mitigable) CULT-3 Implement Mitigation Measure CULT-1. In addition, to ensure that future development would not damage archaeological resources, the proposed Plan shall include policies that address the following topics:
Archaeological surveys and mitigation plans for future development projects. Developer compliance with applicable regulations regarding the identification and protection of archaeological and paleontological deposits.
Adequate tribal consultation and consideration of tribal concerns.
Source: City of Palo Alto 2016
PROJECT-SPECIFIC IMPACTS
a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
As discussed in the 2017 EIR, there are over 850 structures/sites in Palo Alto that are identified as historical resources, including four districts (Green Gables, Greenmeadow Units 1 and 2, Professorville, and Ramona Street). The proposed HEU includes sites in the Professorville district and the Ramona Street District, as well as along University Avenue, a historic thoroughfare as described in the 2017 EIR. However, disturbance would occur in the same areas as analyzed in the 2017 EIR (citywide) and the citywide conditions have not substantially changed since the time of the EIR. The proposed HEU does not propose any specific development. It envisions development including the proposed rezoning of sites for the potential development of additional housing units to meet the City’s RHNA needs on parcels that may contain buildings that meet the age threshold for potential historical resources pursuant to CEQA. Development on these parcels could be proposed by a property owner or project applicant with or without the City’s adoption of the HEU; still, development associated with the proposed HEU, similar to development under the 2030 Comprehensive Plan on the same sites, could result in the material impairment of historical resources, which CEQA Guidelines Section 15064.5(b)(2)(A) defines as the demolition or alteration in an adverse manner of those characteristics of a historical resource that convey its historical significance Item 9
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and that justify its inclusion in, or eligibility for inclusion in, the CRHR or a local register. Future development requiring discretionary approval would be subject to separate project-level CEQA review in order to identify potential impacts to a specific historical resource and incorporate mitigation measures as needed, including City Council consideration of the potential benefits of the proposed project and potential significant, unavoidable impacts. Modifications to Inventory resources Downtown and in Professorville historic districts would be subject to PAMC Chapter
16.49. Future development would also be required to implement policies L-7.1 and L-7.15 of the 2030 Comprehensive Plan EIR, adopted in compliance with Mitigation Measure CULT-1 of the 2017 EIR, which would ensure the protection of historic resources listed on the National and/or California Register or the City’s Historic Resource Inventory, as well as applicable federal, State, and local laws. Therefore, impacts would be less than significant with mitigation, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, and further analysis is not warranted. b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Similar to what was assumed in the 2017 EIR, although development under the proposed HEU would occur on non-vacant and underutilized sites in previously disturbed areas, ground- disturbing activities such as earthmoving and excavation could still potentially damage and/or destroy unrecorded archaeological resources in subsurface soils within the housing sites.
Implementation of the proposed HEU would involve disturbance in the same areas as analyzed in the 2017 EIR (citywide) and the citywide conditions have not substantially changed since the time of the EIR. Further, future development requiring discretionary approval would be subject to separate project-level CEQA review in order to identify potential impacts to archaeological resources and incorporate mitigation measures as needed. Future development would also be required to implement policies L-7.16 through 7.18 of the 2030 Comprehensive Plan EIR, adopted in compliance with Mitigation Measure CULT-3 of the 2017 EIR, which would ensure the protection of archaeological, paleontological, and tribal cultural resources. Therefore, impacts would be less than significant with mitigation, and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
c. Would the project disturb any human remains, including those interred outside of formal cemeteries?
Similar to what was assumed in the 2017 EIR, although development under the proposed HEU would occur on non-vacant and underutilized sites in previously disturbed areas, ground- disturbing activities such as earthmoving and excavation could still potentially disturb human remains. However, implementation of the proposed HEU would involve disturbance in the same areas as analyzed in the 2017 EIR (citywide) and the citywide conditions have not substantially changed since the time of the EIR. Future development would be subject to federal and State regulations, such as the California Health and Safety Code Section 7050.5, Item 9
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IMPACT ANALYSIS
CULTURAL RESOURCES
62 | Page Addendum to the 2030 Comprehensive Plan EIR Public Resources Code Section 5097.98, and the California Code of Regulations Section 15064.5(e) (CEQA), which state the mandated procedures of conduct following the discovery of human remains. Therefore, compliance with the mandatory regulatory procedures would ensure that potential impacts related to the potential discovery or disturbance of any human remains accidentally unearthed during construction activities would be less than significant and would be generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
CONCLUSION
Although the proposed HEU would facilitate the development of 919 more residential units than analyzed under the 2017 EIR, development would occur in the same areas as those analyzed in the 2017 EIR. Further, future development would be required to comply with federal, State, and local regulations pertaining to cultural resources as well as policies adopted in compliance with Mitigation Measures CULT-1 and CULT-3 from the 2017 EIR, which would reduce impacts to a less than significant level. Therefore, the project would not result in new significant effects not addressed in the prior EIR, and no new mitigation measures are warranted. This issue does not require further study in an EIR.
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Attachment E -
Addendum to the
Comprehensive Plan EIR
(November 2023)
Item 9: Staff Report
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6 Energy
Where was
Impact
Analyzed in
the EIR?
Could Proposed
Changes
Involve New or
Substantially
More Severe
Impacts?
Do New
Circumstances
Result in New or
Substantially
More Severe
Impacts?
Does New
Information
Result in New
or Substantially
More Severe
Significant
Impacts?
Do 2017 EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Result in a potentially
significant
environmental impact
due to wasteful,
inefficient, or
unnecessary
consumption of energy
resources, during
project construction or
operation?
EIR Pages
4.14-33
through
4.14-38
No No No N/A
b. Conflict with or obstruct
a state or local plan for
renewable energy or
energy efficiency?
EIR Pages
4.14-33
through
4.14-38
No No No Yes
ANALYSIS IN PREVIOUS ENVIRONMENTAL DOCUMENTS
Section 4.14, Utilities and Service Systems, of the 2017 EIR analyzed the 2030 Comprehensive Plan’s impacts related to energy. At the time the 2017 EIR was prepared, there were no separate adopted thresholds for energy use under CEQA, although Guidelines Section 15126.4 required that an “EIR shall describe feasible mitigation measures which could minimize significant adverse impacts, including where relevant, inefficient and unnecessary consumption of energy,” and Appendix F provided criteria for consideration of energy conservation. Checklist questions (a) and (b) in this section are now included in CEQA Guidelines Appendix G. Lead agencies that use Appendix G as a basis for environmental analysis, including the City of Palo Alto, now consider energy impacts more explicitly during the initial study of a project. Changes to the CEQA thresholds subsequent to certification of an EIR do not in themselves constitute a substantial change or new information of substantial importance that requires major revisions to the EIR unless new significant impacts or a substantial increase in the severity of a significant impact would occur.
The 2017 EIR concluded that the 2030 Comprehensive Plan would not substantially increase electrical or natural gas demands to the extent that new local electrical and natural gas supply facilities would be required. Additionally, future development would be required to comply with the California Building Standards Code, Chapters 16.14 and 16.17 of the PAMC, and utilize modern appliances and equipment, in accordance with the 2012 Appliance Efficiency Regulations, which would conserve energy. Nonetheless, mitigation measure UTIL-17 would be required to reduce impacts to a less than significant level.
Table 13 lists the mitigation measures from the 2017 EIR related to energy.
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Attachment E -
Addendum to the
Comprehensive Plan EIR
(November 2023)
Item 9: Staff Report
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166
Packet Pg. 233 of 511
IMPACT ANALYSIS
ENERGY
64 | Page Addendum to the 2030 Comprehensive Plan EIR Table 13 2017 EIR Mitigation Measures: Energy
Mitigation
Measure # Mitigation Text
Impact UTIL-17: The proposed Plan would not result in a substantial increase in natural gas and electrical service demands that would require the new construction of energy supply facilities and distribution infrastructure or capacity enhancing alterations to existing facilities. However, without the adoption of policies in support of energy efficiency and conservation, the proposed Plan would result in a potentially significant impact, requiring mitigation. (Potentially Significant and Mitigable)
UTIL-17 To ensure that future development would maximize energy efficiency and conservation the proposed Plan shall include policies that address the following topics:
Maximized conservation and efficient use of energy.
Continued procurement of carbon-neutral energy.
Investment in cost-effective energy efficiency and energy conservation programs. Provision of public education programs addressing energy conservation and efficiency. Use of cost-effective energy conservation measures in City projects and practices. Adherence to State and federal energy efficiency standards and policies. Consideration of a transition to a carbon-neutral natural gas supply.
Source: City of Palo Alto 2016
PROJECT-SPECIFIC IMPACT ANALYSIS
a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Energy consumption is directly related to environmental quality in that the consumption of nonrenewable energy resources releases criteria air pollutant and GHG emissions into the atmosphere. The environmental impacts of air pollutant and GHG emissions associated with the project’s energy consumption are discussed in detail in Section 3, Air Quality, and Section 8, Greenhouse Gas Emissions, respectively.
Palo Alto demonstrates its commitment to energy efficiency and renewable energy via implementation of CALGreen and State-mandated Energy Efficiency Requirements for new development and retrofits. The proposed HEU would facilitate development of projects to encourage housing on non-vacant and underutilized sites in urbanized areas. When proposed, individual projects would be required, pursuant to the requirements of CALGreen, to comply with the zero-net energy requirements, where new development combines energy efficiency and renewable energy generation to consume only as much energy as can be produced on-site through renewable resources over a specified period. However, development under the proposed HEU would consume energy during construction and operation, using petroleum fuel, natural gas, and electricity, as discussed below.
CONSTRUCTION
Energy use during construction associated with future development under the proposed HEU would be in the form of fuel consumption (e.g., gasoline and diesel fuel) to operate heavy equipment, light-duty vehicles, machinery, and generators for lighting. Temporary grid power Item 9
Attachment E -
Addendum to the
Comprehensive Plan EIR
(November 2023)
Item 9: Staff Report
Pg.
167
Packet Pg. 234 of 511
CITY OF PALO ALTO 2023-2031 HOUSING ELEMENT
CITY OF PALO ALTO Page | 65
may also be provided to construction trailers or electric construction equipment. Energy use during the construction of individual projects would be temporary in nature, and equipment used would be typical of construction projects in the region. Construction contractors would be required to demonstrate compliance with applicable CARB regulations that restrict the idling of heavy-duty diesel motor vehicles and govern the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on- and off-road equipment. Construction activities associated with reasonably foreseeable development under the proposed HEU would be required to utilize fuel-efficient equipment consistent with federal and State regulations and would comply with State measures to reduce the inefficient, wasteful, or unnecessary consumption of energy. In addition, individual projects would be required to comply with construction waste management practices to divert at least 80 percent of construction and demolition debris pursuant to PAMC Section 16.14.260. These practices would result in efficient use of energy during construction of future development under the proposed HEU.
Furthermore, in the interest of both environmental awareness and cost efficiency, construction contractors would not utilize fuel in a manner that is wasteful or unnecessary. Therefore, future construction activities associated with development under the proposed HEU would not result in potentially significant environmental effects due to the wasteful, inefficient, or unnecessary consumption of energy, and impacts would be less than significant.
OPERATIONAL
Long-term operation of future development under the proposed HEU would require permanent grid connections for electricity to power internal and exterior building lighting, and heating and cooling systems. Electricity in Palo Alto is supplied by the City of Palo Alto Utilities (CPAU). As discussed in the 2017 EIR, forecasting and planning by the CPAU will be able to accommodate expected net annual average increase in electrical service demand of less than one percent with the implementation of policies N-7.1 and N-7.4 of the 2030 Comprehensive Plan EIR, adopted in compliance with Mitigation Measure UTIL-17. Although the proposed HEU would facilitate the development of 919 more residential units, CPAU’s 10-year electric savings increased from 4.8 percent between 2014 and 2023 to 5.7 percent between 2018 and 2027 showing increased energy efficiency. Additionally, future development would be required to comply with the City’s most updated Reach Code and All-Electric Mandate which requires all-electric building design for single-family, low-rise multi-family, and non-residential development (City of Palo Alto 2022a). This would increase demand for electricity but would decrease demand for natural gas.
Electricity provided by CPAU is 100 percent carbon neutral (City of Palo Alto 2022b).
Development facilitated by the proposed HEU would be subject to the energy conservation requirements of the California Energy Code (Title 24, Part 6 of the California Code of Regulations, California’s Energy Efficiency Standards for Residential and Nonresidential Buildings), the California Green Building Standards Code (CALGreen, Title 24, Part 11 of the California Code of Regulations). The California Energy Code provides energy conservation standards for all new and renovated commercial and residential buildings constructed in California. This code applies to the building envelope, space-conditioning systems, and water- heating and lighting systems of buildings and appliances and provides guidance on construction techniques to maximize energy conservation. Minimum efficiency standards are given for a Item 9
Attachment E -
Addendum to the
Comprehensive Plan EIR
(November 2023)
Item 9: Staff Report
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IMPACT ANALYSIS
ENERGY
66 | Page Addendum to the 2030 Comprehensive Plan EIR variety of building elements, including appliances; water and space heating and cooling equipment; and insulation for doors, pipes, walls, and ceilings. The code emphasizes saving energy at peak periods and seasons and improving the quality of installation of energy efficiency measures. Furthermore, future development would be required to comply with the PAMC Chapter 16.17, which mandates the implementation of the Building Energy Efficiency Standards (California Code of Regulations, Title 24, Part 6). Compliance would include complying with the most updated rooftop solar requirements at the time of construction.
CALGreen sets targets for energy efficiency, water consumption, dual plumbing systems for potable and recyclable water, diversion of construction waste from landfills, and use of environmentally sensitive materials in construction and design, including ecofriendly flooring, carpeting, paint, coatings, thermal insulation, and acoustical wall and ceiling panels. These standards for new buildings are designed for energy efficient performance, using clean electricity, so that the buildings do not result in wasteful, inefficient, or unnecessary consumption of energy.
The housing inventory sites are located within the city’s urbanized and underutilized sites.
These areas are near or adjacent to transportation corridors as well as Class I, II, and III bicycle lanes, which would reduce trip distances and encourage the use of alternative modes of transportation such as bicycling and walking, thereby reducing fuel consumption. These factors would minimize the potential of the proposed project to result in the wasteful or unnecessary consumption of vehicle fuels.
Future development would also be required to continue to implement policies N-7.1 and N-7.4 of the 2030 Comprehensive Plan EIR, adopted in compliance with Mitigation Measure UTIL-17 to reduce energy impacts to a less than significant level. As a result, operation of development projects under the proposed HEU would not result in potentially significant environmental effects due to the wasteful, inefficient, or unnecessary consumption of energy, and impacts would be less than significant with mitigation, and generally the same as the impact analyzed in the 2017 EIR for the 2030 Comprehensive Plan. Because there would be no new or substantially more severe significant impacts than what was analyzed in the 2017 EIR, further analysis is not warranted.
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Several State plans as well as the City’s adopted 2030 Comprehensive Plan include energy conservation and energy efficiency strategies intended to enable the State and the city to achieve GHG reduction and energy conservation goals. A full discussion of the proposed project’s consistency with GHG reduction plans is included in Section 8, Greenhouse Gas Emissions. As shown in Table 14, the project would be consistent with applicable State renewable energy and energy efficiency plans.
Item 9
Attachment E -
Addendum to the
Comprehensive Plan EIR
(November 2023)
Item 9: Staff Report
Pg.
169
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Table 14 Consistency with State Renewable Energy and Energy Efficiency Plans Renewable Energy or Energy Efficiency Plan Proposed Project Consistency Assembly Bill 2076: Reducing Dependence on
Petroleum. Pursuant to AB 2076, the CEC and CARB
prepared and adopted a joint-agency report, Reducing
California’s Petroleum Dependence, in 2003. Included
in this report are recommendations to increase the use
of alternative fuels to 20 percent of on-road
transportation fuel use by 2020 and 30 percent by
2030, significantly increase the efficiency of motor
vehicles, and reduce per capita VMT. One of the
performance-based goals of AB 2076 is to reduce
petroleum demand to 15 percent below 2003 demand.
Consistent. Many of the proposed housing inventory sites located in areas served by transit, are in proximity to jobs and services, or are near or adjacent to corridors currently served by Class I, II, and III bicycle lanes such as University Avenue, Bryant Street, California Avenue, and Bayshore Road. This which would
encourage the use of alternative modes of transportation such as walking, transit, and bicycling, thereby reducing VMT and reducing reliance on single-occupancy vehicles. Further, future development under the proposed HEU would be subject to the requirements of the most recent iteration of CALGreen and locally adopted amendments, which include provisions for electric vehicle charging infrastructure, reducing dependence on gasoline powered vehicles.
2019 Integrated Energy Policy Report. The 2019 report
highlights the implementation of California’s innovative policies and the role they have played in establishing a clean energy economy, as well as provides more detail
on several key energy policies, including decarbonizing buildings, increasing energy efficiency savings, and
integrating more renewable energy into the electricity
system.
Consistent. Development facilitated by the project would be required to comply with PAMC Chapter 16.17, which mandates the implementation of Title 24. Compliance would include complying with the most updated rooftop solar requirements at the time of construction. Future development would also be required to comply with the City’s most updated Reach Code and All-Electric Mandate which requires all-electric building design for single-family, low-rise multi-family, and non-residential development (City of Palo Alto 2022a). Electricity would be provided by CPAU, which has provided 100 percent carbon neutral electricity since 2013 (City of Palo Alto 2022b).