CITY COUNCIL
Regular Meeting
Monday, January 22, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 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 (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from January 8, 2024 Meeting
2. Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations.
CEQA Status: Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
3. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status ‐ not a project.
4. Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program
1.3 Creating By‐Right Zoning Approval for Specific Housing Element Inventory Sites.
CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023‐2031 Housing Element.
5. Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ‐22001); CEQA – exempt under Section 15133
6. QUASI‐JUDICIAL. 949 Scott Street [22PLN‐00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single‐Story, Single‐Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R‐2. Environmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
7. QUASI‐JUDICIAL. 420 Acacia [23PLN‐00059]: Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create 16 Units on a Single 35,573 Square Foot Parcel. The Subdivision map Would Facilitate Construction of the Previously Approved 33,833 Square Foot Mixed‐use Development Project (23PLN‐00058).
Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In‐fill Development) and 15315 (Minor land Divisions). Zoning District: Split Zoning Designation of RM‐30 and R‐1 (Multi‐Family and Single‐Family Residential).
8. Approval of the Office of the City Auditor's Wastewater Treatment Plant Agreement Audit Report as Recommended by Policy & Services Committee (CEQA Status ‐ Not a Project)
9. Approval of Office of City Auditor Risk Assessment and Audit Plan (CEQA Status ‐ Not a Project)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 6:20 ‐ 6:25 PM, Item 11: 6:25 ‐ 6:55 PM, Item 12: 6:55 ‐ 7:55 PM, Item 13: 7:55 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project
11. Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel Numbers 124‐12‐033 & 124‐12‐034; CEQA status – categorically exempt.
12. Review and Accept the FY 2025 ‐ FY 2034 Long Range Financial Forecast (LRFF) and FY 2025 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
13. Update regarding State and Federal Legislation and Approval of the Annual Legislative Guidelines and Legislative Platform as Recommended by the Policy & Service Committee. CEQA Status – Not a Project Supplemental Report added
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.
14. Bicycle and Pedestrian Transportation Plan (BPTP) Update: an active transportation plan‐‐Introduction & Overview, Community Engagement, Context & Baseline Conditions, and Next Steps
15. First Quarter Fiscal Year 2024 Financial Status Report OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee January 23, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
13. Item 13 Supplemental Report: Update, Discussion, and Potential Direction regarding State and Federal Legislation
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 January 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 22, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 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 (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from January 8, 2024 Meeting
2. Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations.
CEQA Status: Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
3. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status ‐ not a project.
4. Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program
1.3 Creating By‐Right Zoning Approval for Specific Housing Element Inventory Sites.
CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023‐2031 Housing Element.
5. Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ‐22001); CEQA – exempt under Section 15133
6. QUASI‐JUDICIAL. 949 Scott Street [22PLN‐00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single‐Story, Single‐Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R‐2. Environmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
7. QUASI‐JUDICIAL. 420 Acacia [23PLN‐00059]: Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create 16 Units on a Single 35,573 Square Foot Parcel. The Subdivision map Would Facilitate Construction of the Previously Approved 33,833 Square Foot Mixed‐use Development Project (23PLN‐00058).
Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In‐fill Development) and 15315 (Minor land Divisions). Zoning District: Split Zoning Designation of RM‐30 and R‐1 (Multi‐Family and Single‐Family Residential).
8. Approval of the Office of the City Auditor's Wastewater Treatment Plant Agreement Audit Report as Recommended by Policy & Services Committee (CEQA Status ‐ Not a Project)
9. Approval of Office of City Auditor Risk Assessment and Audit Plan (CEQA Status ‐ Not a Project)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 6:20 ‐ 6:25 PM, Item 11: 6:25 ‐ 6:55 PM, Item 12: 6:55 ‐ 7:55 PM, Item 13: 7:55 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project
11. Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel Numbers 124‐12‐033 & 124‐12‐034; CEQA status – categorically exempt.
12. Review and Accept the FY 2025 ‐ FY 2034 Long Range Financial Forecast (LRFF) and FY 2025 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
13. Update regarding State and Federal Legislation and Approval of the Annual Legislative Guidelines and Legislative Platform as Recommended by the Policy & Service Committee. CEQA Status – Not a Project Supplemental Report added
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.
14. Bicycle and Pedestrian Transportation Plan (BPTP) Update: an active transportation plan‐‐Introduction & Overview, Community Engagement, Context & Baseline Conditions, and Next Steps
15. First Quarter Fiscal Year 2024 Financial Status Report OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee January 23, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
13. Item 13 Supplemental Report: Update, Discussion, and Potential Direction regarding State and Federal Legislation
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 January 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 22, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 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 (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from January 8, 2024 Meeting
2. Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations.
CEQA Status: Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
3. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status ‐ not a project.
4. Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program
1.3 Creating By‐Right Zoning Approval for Specific Housing Element Inventory Sites.
CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023‐2031 Housing Element.
5. Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ‐22001); CEQA – exempt under Section 15133
6. QUASI‐JUDICIAL. 949 Scott Street [22PLN‐00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single‐Story, Single‐Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R‐2. Environmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
7. QUASI‐JUDICIAL. 420 Acacia [23PLN‐00059]: Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create 16 Units on a Single 35,573 Square Foot Parcel. The Subdivision map Would Facilitate Construction of the Previously Approved 33,833 Square Foot Mixed‐use Development Project (23PLN‐00058).
Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In‐fill Development) and 15315 (Minor land Divisions). Zoning District: Split Zoning Designation of RM‐30 and R‐1 (Multi‐Family and Single‐Family Residential).
8. Approval of the Office of the City Auditor's Wastewater Treatment Plant Agreement Audit Report as Recommended by Policy & Services Committee (CEQA Status ‐ Not a Project)
9. Approval of Office of City Auditor Risk Assessment and Audit Plan (CEQA Status ‐ Not a Project)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 6:20 ‐ 6:25 PM, Item 11: 6:25 ‐ 6:55 PM, Item 12: 6:55 ‐ 7:55 PM, Item 13: 7:55 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project
11. Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel Numbers 124‐12‐033 & 124‐12‐034; CEQA status – categorically exempt.
12. Review and Accept the FY 2025 ‐ FY 2034 Long Range Financial Forecast (LRFF) and FY 2025 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
13. Update regarding State and Federal Legislation and Approval of the Annual Legislative Guidelines and Legislative Platform as Recommended by the Policy & Service Committee. CEQA Status – Not a Project Supplemental Report added
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.
14. Bicycle and Pedestrian Transportation Plan (BPTP) Update: an active transportation plan‐‐Introduction & Overview, Community Engagement, Context & Baseline Conditions, and Next Steps
15. First Quarter Fiscal Year 2024 Financial Status Report OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee January 23, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
13. Item 13 Supplemental Report: Update, Discussion, and Potential Direction regarding State and Federal Legislation
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 January 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 22, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 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 (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from January 8, 2024 Meeting
2. Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations.
CEQA Status: Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
3. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status ‐ not a project.
4. Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program
1.3 Creating By‐Right Zoning Approval for Specific Housing Element Inventory Sites.
CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023‐2031 Housing Element.
5. Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ‐22001); CEQA – exempt under Section 15133
6. QUASI‐JUDICIAL. 949 Scott Street [22PLN‐00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single‐Story, Single‐Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R‐2. Environmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
7. QUASI‐JUDICIAL. 420 Acacia [23PLN‐00059]: Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create 16 Units on a Single 35,573 Square Foot Parcel. The Subdivision map Would Facilitate Construction of the Previously Approved 33,833 Square Foot Mixed‐use Development Project (23PLN‐00058).
Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In‐fill Development) and 15315 (Minor land Divisions). Zoning District: Split Zoning Designation of RM‐30 and R‐1 (Multi‐Family and Single‐Family Residential).
8. Approval of the Office of the City Auditor's Wastewater Treatment Plant Agreement Audit Report as Recommended by Policy & Services Committee (CEQA Status ‐ Not a Project)
9. Approval of Office of City Auditor Risk Assessment and Audit Plan (CEQA Status ‐ Not a Project)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 6:20 ‐ 6:25 PM, Item 11: 6:25 ‐ 6:55 PM, Item 12: 6:55 ‐ 7:55 PM, Item 13: 7:55 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project
11. Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel Numbers 124‐12‐033 & 124‐12‐034; CEQA status – categorically exempt.
12. Review and Accept the FY 2025 ‐ FY 2034 Long Range Financial Forecast (LRFF) and FY 2025 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
13. Update regarding State and Federal Legislation and Approval of the Annual Legislative Guidelines and Legislative Platform as Recommended by the Policy & Service Committee. CEQA Status – Not a Project Supplemental Report added
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.
14. Bicycle and Pedestrian Transportation Plan (BPTP) Update: an active transportation plan‐‐Introduction & Overview, Community Engagement, Context & Baseline Conditions, and Next Steps
15. First Quarter Fiscal Year 2024 Financial Status Report OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee January 23, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
13. Item 13 Supplemental Report: Update, Discussion, and Potential Direction regarding State and Federal Legislation
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 January 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, January 22, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 ‐ 5:45 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 (5:45 ‐ 5:50 PM) Members of the public may not speak to the item(s).
CONSENT CALENDAR (5:50 ‐ 5:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
1. Approval of Minutes from January 8, 2024 Meeting
2. Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations.
CEQA Status: Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
3. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status ‐ not a project.
4. Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program
1.3 Creating By‐Right Zoning Approval for Specific Housing Element Inventory Sites.
CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023‐2031 Housing Element.
5. Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ‐22001); CEQA – exempt under Section 15133
6. QUASI‐JUDICIAL. 949 Scott Street [22PLN‐00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single‐Story, Single‐Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R‐2. Environmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
7. QUASI‐JUDICIAL. 420 Acacia [23PLN‐00059]: Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create 16 Units on a Single 35,573 Square Foot Parcel. The Subdivision map Would Facilitate Construction of the Previously Approved 33,833 Square Foot Mixed‐use Development Project (23PLN‐00058).
Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In‐fill Development) and 15315 (Minor land Divisions). Zoning District: Split Zoning Designation of RM‐30 and R‐1 (Multi‐Family and Single‐Family Residential).
8. Approval of the Office of the City Auditor's Wastewater Treatment Plant Agreement Audit Report as Recommended by Policy & Services Committee (CEQA Status ‐ Not a Project)
9. Approval of Office of City Auditor Risk Assessment and Audit Plan (CEQA Status ‐ Not a Project)
CITY MANAGER COMMENTS (5:55 ‐ 6:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 6:20 ‐ 6:25 PM, Item 11: 6:25 ‐ 6:55 PM, Item 12: 6:55 ‐ 7:55 PM, Item 13: 7:55 ‐ 8:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project
11. Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel Numbers 124‐12‐033 & 124‐12‐034; CEQA status – categorically exempt.
12. Review and Accept the FY 2025 ‐ FY 2034 Long Range Financial Forecast (LRFF) and FY 2025 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
13. Update regarding State and Federal Legislation and Approval of the Annual Legislative Guidelines and Legislative Platform as Recommended by the Policy & Service Committee. CEQA Status – Not a Project Supplemental Report added
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.
14. Bicycle and Pedestrian Transportation Plan (BPTP) Update: an active transportation plan‐‐Introduction & Overview, Community Engagement, Context & Baseline Conditions, and Next Steps
15. First Quarter Fiscal Year 2024 Financial Status Report OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee January 23, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
13. Item 13 Supplemental Report: Update, Discussion, and Potential Direction regarding State and Federal Legislation
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 January 22, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: January 22, 2024
Report #:2401-2502
TITLE
Approval of Minutes from January 8, 2024 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: January 8, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 1
Item 1 Staff Report
Item 1: Staff Report
Pg.
1 Packet Pg. 6 of 341
CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
January 8, 2024
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:
Special Orders of the Day
1. Election of the 2024 Mayor
NOMINATION: Council Member Lythcott-Haims nominated Council Member Stone for Mayor for 2024.
NOMINATION FOR COUNCIL MEMBER STONE AS MAYOR FOR 2024 PASSED: 6-1, Tanaka no
2. Election of the 2024 Vice Mayor
NOMINATION: Council Member Burt nominated Council Member Lauing for Vice Mayor for 2024.
NOMINATION: Council Member Lythcott-Haims nominated Council Member Veenker for Vice Mayor for 2024.
First Round of voting for the position of Vice Mayor with term ending December 31, 2024.
Voting For:
Ed Lauing Burt, Kou, Lauing, Stone
Vicki Veenker Lythcott-Haims, Tanaka, Veenker
NOMINATION FOR COUNCIL MEMBER LAUING AS VICE MAYOR FOR 2024 PASSED: 4-3 Item 1
Attachment A - January 8,
2024 Draft Action
Minutes
Item 1: Staff Report
Pg.
2 Packet Pg. 7 of 341
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 01/08/2024
3. Adoption of a Resolution Expressing Appreciation for Outstanding Public Service to Lydia Kou as 2023 Mayor
MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to adopt a resolution expressing appreciation to Lydia Kou as 2023 Mayor.
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 9:36 P.M.
Item 1
Attachment A - January 8,
2024 Draft Action
Minutes
Item 1: Staff Report
Pg.
3 Packet Pg. 8 of 341
DRAFT ACTION MINUTES
City Council Meeting
Draft Action Minutes: 01/08/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes a re 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.
Item 1
Attachment A - January 8,
2024 Draft Action
Minutes
Item 1: Staff Report
Pg.
4 Packet Pg. 9 of 341
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: January 22, 2024
Staff Report: 2310-2179
TITLE
Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations. CEQA Status:
Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
RECOMMENDATION
Staff Recommends the City Council approve and authorize the City Manager or designee to execute a purchase order with Siemens Inc. in the amount of $489,527 to purchase sixteen (16) 12 kV replacement power circuit breakers for Hanover and Hansen Substations.
BACKGROUND
The circuit breaker is a device that interrupts high voltages and currents during switching or fault conditions on the distribution feeders. These devices require regular maintenance and routine testing to ensure proper operation. The circuit breakers in Hanover and Hansen Way Substations are still operational, however, they have exceeded their normal life of 30-40 years. Replacement parts are no longer readily available, and there have been instances where they have not operated properly after maintenance was completed. For these reasons, staff recommends these breakers be replaced with modern circuit breakers that can be retrofitted in the existing switchgear.
ANALYSIS
The City’s Utilities engineers evaluate distribution systems on an ongoing basis, including replacement of existing facilities. Staff has determined the only viable option for replacing the circuit breakers in Hanover and Hansen Way Substations is to use retrofitted breakers made by the original manufacturer, Siemens Inc. (Allis Chalmers was the original manufacturer prior to being purchased by Siemens, approximately 15 years ago). In 2021 the City entered into a sole source agreement with Siemens for $30,575 to purchase one circuit breaker. On November 7, 2023, the City entered into a new sole source agreement with Siemens for $489,527 to purchase 16 breakers. Sole source authorization was approved based on Palo Alto Municipal Code Item 2
Item 2 Staff Report
Item 2: Staff Report
Pg.
1 Packet Pg. 10 of 341
2.30.350(d) only one of the sources available can meet requirements. As discussed above due to the physical restrictions and integrations with existing built facilities, staff has determined replacement of this circuit breaker equipment is best done with the original equipment manufacturer for the direct replacement units.
FISCAL/RESOURCE IMPACT
Funding for the $489,527 to purchase the circuit breakers is available in the FY 2024 Electric CIP Budget under Capital Improvement Project EL-89044 (Substation Facilities Improvements.)
STAKEHOLDER ENGAGEMENT
Procurement of new 12 KV circuit breakers for City’s substations does not involve or impact any stakeholders.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15301 (repair, maintenance, of existing facilities) and 15302 (replacement or reconstruction of existing facilities).
ATTACHMENTS
Attachment A: Purchase Order
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Tomm Marshall, Assistant Director of Electric Utilities Item 2
Item 2 Staff Report
Item 2: Staff Report
Pg.
2 Packet Pg. 11 of 341
Honn Quote #: SAM4659 dated 10/23/23 valid until: February 1, 2024 Quotation:City of Palo Alto Hanover Substation
0010 Replacement MV Circuit Breaker 16 EA 24,515.00 392,240.00 Catalog number: P/N 15FSV-500-1200-37
0020 Racking Screw Assembly Type F 16 EA 2,750.00 44,000.00 Catalog number: P/N P3R18389211503
New vendor: Siemens Industry (pending vendor ID)
Requesting: $270,000 for the Hanover substation and $180,000 for the Hansen substation to purchase power circuit breakers for project EL-89044
PM: Rick Baptist x6902 [email protected] 0030 Racking Motor Type F 1 EA 5,480.00 5,480.00 Catalog number: P/N P3R18669246600
0040 Freight Terms 1 USD 7,500.00 7,500.00 Vendor Address
SIEMENS INDUSTRY, INC.
100 TECHNOLOGY DRIVE
ALPHARETTA GA 30005
Tel: 8003337421 Fax: 9193651098
Bill To:
Utilities Engineering
City of Palo Alto
1007 Elwell Court
Palo Alto CA 94303
Ship To:
MSC Stores Warehouse
City of Palo Alto
3201 E. Bayshore Rd.
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Interim Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4524000237
Date 12/05/2023
Vendor No. 107247
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship bestway
Required Date 08/13/2024
Buyer/Phone Renee Howard / 650-496-5900
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 2
Attachment A - Purchase
Order
Item 2: Staff Report
Pg.
3 Packet Pg. 12 of 341
Catalog number: P/N 15FSV-500-1200-37
-------------------------
Sub-Total 449,220.00
Sales Tax 40,306.95
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
SIEMENS INDUSTRY, INC.
100 TECHNOLOGY DRIVE
ALPHARETTA GA 30005
Tel: 8003337421 Fax: 9193651098
Bill To:
Utilities Engineering
City of Palo Alto
1007 Elwell Court
Palo Alto CA 94303
Ship To:
MSC Stores Warehouse
City of Palo Alto
3201 E. Bayshore Rd.
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Interim Chief Procurement Officer
Total 489,526.95
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.
DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4524000237
Date 12/05/2023
Vendor No. 107247
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship bestway
Required Date 08/13/2024
Buyer/Phone Renee Howard / 650-496-5900
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Item 2
Attachment A - Purchase
Order
Item 2: Staff Report
Pg.
4 Packet Pg. 13 of 341
TERMS AND CONDITIONS OF PURCHASE
CITY OF PALO ALTO Page 1 of 3
GDS Rev. 06/14/2016
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this Purchase Order (P.O.) , Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms a re acceptable. This P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City.
CITY’S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working c onditions without expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, p acking, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to City’s written instruction. Items not deli vered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller’s expense unless written authorization is issued by City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller’s most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination. (2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applica ble to this P.O., City may, in addition to any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to Seller at any time during the term of this P.O. In the ev ent of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any cla im by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of ti me for delivery shall not be binding on City unless eviden ced by a P.O.
Change Order issued by City’s Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without reg ard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies m ay be returned for credit or refund, at Seller’s expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies. (2) Defective, incorrect and nonconforming services and/or installation s may be returned for credit or refund, at Seller’s expense. All of the above notwithstanding prior payment by City
(3) City may waive defects that exist.
WARRANTY: Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller’s standard specification or the standards of the ASTM or ANSI or other national standard organizations; (2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label; (3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended); (5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connec tion with or resulting from Seller’s failure to furnish materials or supplies or perform services that conform with any warranty contained herein. (6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses (includin g attorney’s fees) arising out of , or resulting in any way from Seller’s negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non -owned automobile liability) Worker’s Compensation, and employer’s liability insurance as well adequately protect City against such damage, liabilit ies, claims, losses, and expenses (including attorney’s fees). Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in co mpliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal oppor tunity programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affect ing the delay has been removed. City shall be responsible only for Seller ’s direct additional costs in holding the goods or delaying performance of this P.O. and City’s request. Seller shall also be excused if delivery is delayed by unforeseen events be yond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such del ay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that,
whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relati onship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the terms of this P.O. and the attached specificat ion with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail.
Item 2
Attachment A - Purchase
Order
Item 2: Staff Report
Pg.
5 Packet Pg. 14 of 341
TERMS AND CONDITIONS OF PURCHASE
CITY OF PALO ALTO Page 2 of 3
GDS Rev. 06/14/2016
EVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply with the City’s Environmentally Preferred Purchasing Requirements.
(1) Hazardous Waste:
Seller shall take -back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations . Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calre cycle.ca.gov/LEA/Training/wasteclass/yep.htm.
Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980.
(2) Zero Waste and Pollution Prevention:
Per Palo Alto City Council policy, the City i s targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually o r collboaratively comply with the waste reduction, reuse and recycling requirements of the City’s Zero Waste and Pollution Prevention Programs.
Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the even t Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance.
Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post -consumer content paper or greater unless otherwise approved by the City’s Environmental Services Division (650) 329 -2117. Materials printed by a professional printing company shall be a minimum of 30% post -consumer material or greater and printed with vegetable based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement;
All paper packaging must be Forest Stewardship Council (FSC) Certified.
All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped; All primary, secondary and shipping packaging shall be recyclable in the City’s recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement.
Expanded foam plastics (e.g., foam or cushion blocks, trays, packing “peanuts”), such as but not limited to polyst yrene (aka Styrofoam™), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor ind ividually or collaboratively does one of the following:
takes the material back at the City’s convenience and at no cost to the City, or
pays the City of Palo Alto’s disposal costs via payment of liquidated damages of $235 , or a minimum of $50 if the combined product and shipping cost is $235 or less;
o Bioplastics that meet ASTM D64 00 standards for compostabilit y may be accepted with approval from the City’s Environmental Services Division subject to local municipal compost facility requirements; o if approved by the City’s Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists;
Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of
pallets and/or recycling of broken pallets. Liquidated
damages of $262 or a minimum of $50 if the combined
product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement.
(3) Energy and Water Efficiency:
Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include: first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:
Seller agrees that failure to comply with the City’s
Environmentally Preferred Purchasing Requirements will result in Liquidated Damages , according to the table marked
Liquidated Damages on page 3 of this P.O.
Item 2
Attachment A - Purchase
Order
Item 2: Staff Report
Pg.
6 Packet Pg. 15 of 341
TERMS AND CONDITIONS OF PURCHASE
CITY OF PALO ALTO Page 3 of 3
GDS Rev. 06/14/2016
NONCOMPLIANCE WITH EVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement’s standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.
Event of Non-Performance
Acceptable
Performance Level
(Allowed events per
Fiscal Year)
Liquidated Damage
Amount
Recycled Paper Use
Failure to use 30% recycled content paper 1 $30 per each document
Recyclable Packaging Materials
Failure of Seller to Use secondary and shipping packaging that is recyclable in the City’s recycling program.
1 $235 or a minimum of $50 if the combined
product and shipping cost is $250 or less
will be incurred if this is not adhered to.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping packaging
0 $235 or a minimum of $50 if the combined
product and shipping cost is $235 or less
Pallet use
Failure of Seller to take -back and reuse pall ets, recycling only broken pallets, at no additional cost to the City.
1 $262 or a minimum of $50 if the combined
product and shipping cost is $2 or less
Item 2
Attachment A - Purchase
Order
Item 2: Staff Report
Pg.
7 Packet Pg. 16 of 341
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: January 22, 2024
Report #:2311-2292
TITLE
Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status - not a project.
RECOMMENDATION
The Parks and Recreation Commission and staff recommend that the City Council adopt a Park Dedication Ordinance (Attachment A) for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park.”
BACKGROUND
The Parks and Recreation Commission (PRC) 2023-2024 Work Plan1, approved by the City Council, includes a goal of conducting a broad review and assessment of potential sites within Palo Alto to recommend dedicating as parkland.
A Park Dedication Ordinance reserves the land for park, recreation, or conservation purposes.
Article VIII of the City Charter states: “All lands owned or controlled by the city which are or will be used for park, playground, recreation or conservation purposes shall be dedicated for such purposes by ordinance.” Additionally, the Charter states that all dedicated parklands shall be listed, with their legal description and map, in Section 22 of the Municipal Code.
The proposed site is currently functioning as a park; however, the land is currently not designated as parkland. Historically, the City Council considered selling the property in 1992 but rejected three proposals to purchase the property because they did not preserve the Tower. In February 1996 the City Council discussed proposed concepts for use of the Tower Well site, and as a result of that discussion, in June 1996 a Request for Proposal (RFP) for an option to purchase the Tower Well site was released. In February 1997 there was a recommendation from staff to accept a 1 Parks and Recreation Commission 2023-2024 Workplan,
https://cityofpaloalto.primegov.com/Portal/viewer?id=1819&type=2 Item 3
Item 3 Staff Report
Item 3: Staff Report
Pg.
1 Packet Pg. 17 of 341
proposal from Thomas and Kathleen Taylor for an option to purchase the Tower Well site for $100,000. There was a sizable amount of public comment and discussion, and a motion was made to continue the discussion to a later meeting. Ultimately, the City Council rejected the four proposals in a 4-5 split vote. In April 1999 the City Council approved an offer to perform a structural analysis of the Tower Well. With the integrity of the Tower passing, in 2000 the City Council decided to preserve the site and honor the historic Tower Well and transition the function of the site to a park and plaza.
ANALYSIS
On October 24, 2023, the PRC discussed dedicating the Tower Well site as parkland. The Commission was supportive of the PRC Park Dedication Ad Hoc Committee (Ad Hoc) and staff’s recommendation to dedicate the site. Commissioners asked what costs would be associated with dedicating the site as parkland. Staff explained that the only near-term cost would be adding a park sign, which would cost approximately $2,500. The site has several existing park amenities:
a decomposed granite pathway, six interpretive signs, two park benches, and landscaping.
Commissioners also asked about the existing cost of the maintenance for the site. The Tower Well site is maintained as part of a contract managed by the Community Services Department.
The annual cost for the maintenance of the site (landscaping, trash and litter collection, and general maintenance) is approximately $7,000 per year.
On October 27, 2023, the Ad Hoc and staff consulted with Darla Secor, Historian with the Palo Alto Historical Association (PAHA), to seek a name recommendation for the potential park at the Tower Well site. The City’s Naming Policy (Attachment B) establishes criteria which guides the PAHA and the appropriate City Commission or Committee in recommending names to the Council for approval.
The PAHA Board, noting the significant historic landmark on the property, recommends the name “Tower Well Park” (Attachment C). The PAHA Board explained in their November 8, 2023, letter to City Council, “When constructed in 1910, the water tower was the first major visible infrastructure of the City’s utilities and is a symbol of the City’s successful beginnings and forward-thinking leaders. The PAHA Board agrees that ‘Tower Well Park’ reflects the historic significance of this site.”
On November 28, 2023, the PRC voted unanimously2 (7-0) to approve the recommendation that the City Council adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park.”
FISCAL/RESOURCE IMPACT
2 Parks and Recreation Commission, November 28, 2023; Agenda Item # 3; Minutes, www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/parks-and-recreation- commission/agendas-minutes/2023-agendas-and-minutes/11-nov/prc-draft-minutes-11.28.23.pdf Item 3
Item 3 Staff Report
Item 3: Staff Report
Pg.
2 Packet Pg. 18 of 341
The Community Services Department’s existing operating budget will absorb the $2,500 expense for adding a park sign at the site. The annual cost for the maintenance of site (landscaping, trash and litter collection, and general maintenance) is approximately $7,000 per year and is already included in the CSD Operating Budget.
At the PRC’s November 28, 2023 meeting there was discussion about refreshing the landscaping, including adding a meditative space or Zen Garden. While there are currently no plans for park improvements, staff will consider the recommendations of the PRC and other community partners. Future improvements would either be absorbed by the Department’s existing operating or capital budget, or funds would be requested through the annual budget process.
STAKEHOLDER ENGAGEMENT
Prior to the PRC November 28, 2023, meeting, a Tower Well Park Dedication Fact Sheet was posted at the site and on the PRC website. There were no public comments on this item at the PRC meeting.
A public notice was mailed directly to 255 resident parcels within 500 ft of the 201 Alma Street site on December 19, 2023, advising of the proposed dedication ordinance.
Staff reached out to the Utilities, Planning, and Public Works Departments to ensure that dedication of this site would not conflict with future planned projects. No conflicts were identified.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because Adopt a Park Dedication Ordinance for the Tower Well site is an administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Park Dedication Ordinance for Tower Well Site at 201 Alma Street Attachment B: Policy Naming City Owned Land or Facilities Attachment C: Letter from the Palo Alto Historical Association with Park Name Recommendation
APPROVED BY:
Kristen O'Kane, Community Services Director
Item 3
Item 3 Staff Report
Item 3: Staff Report
Pg.
3 Packet Pg. 19 of 341
NOT YET ADOPTED
1 100_20231113_ts24
ORDINANCE NO.
Ordinance of the Council of the City of Palo Alto Dedicating the Area to Become the Tower Well Park
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Improvements. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.00 4 of the Palo Alto Municipal Code specify that land intended to be used for park purposes can be dedicated for such use by ordinance.
(b) The Tower Well Park site (“site”) is defined as the area described in Exhibit A-31 to this ordinance. Generally, the site is at the corner of Alma Street and Hawthorne Avenue, and contains a water tower constructed in 1910. The Palo Alto Historical Association remarks that “[w]hen constructed in 1910, the water tower was the first major visible infrastructure of the City’s utilities and is a symbol of the City’s successful beginnings and forward thinking leaders.”
(c) The City intends to dedicate the Tower Well Park as parkland through this ordinance.
SECTION 2 . The City Council hereby dedicates the site pursuant to Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code.
SECTION 3. Section 22.08. 440 is hereby added to Chapter 22.08 (Park dedications) to read as follows:
22.08.440 Tower Well Park
That certain parcel of land known as the Tower Well Park, as delineated and described in Exhibit A-31, is hereby reserved for park, playground, recreation or conservation purposes.
SECTION 4. Exhibit A-31 of this ordinance shall be codified as Exhibit A -31 to the Exhibits of Title 22.
SECTION 5. The City Council finds that this ordinance is not a project within the meaning of CEQA.
//
//
//
//
Item 3
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 3: Staff Report
Pg.
4 Packet Pg. 20 of 341
NOT YET ADOPTED
2 100_20231113_ts24
SECTION 6. This ordinance shall be effective on the thirty -first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Community Services
Item 3
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 3: Staff Report
Pg.
5 Packet Pg. 21 of 341
A.P.NO. 120-25-060 APRIL 15, 1996
REQUESTED BY: JANET FREELAND
APPROVED BY: JAMES D. KIEHL ,~.K.
CREATED BY: JAMES T. BOURQUIN -’-’~
CHECKED BY: JAY E. REMLEY, SR. ffZ"
LEGAL DESCRIPTION
PARCEL 1
All that real property situated in the City of Palo Alto, County of Santa Clara, State of California ¯ described as follows.
Being a portion of Lot 1, Block 2, as shown upon that certain map of the re-subdivision of Block 2, recorded on September 6, 1902 in Volume F-3 of Maps, Page 4, said re-subdivision being a portion of that certain map entitled "UNIVERSITY PARK", recorded on February 27, 1889 in Book D of Maps, Page 69;
Beginning at the intersection of the northeasterly line of Alma Street with the southeasterly line of Hawthorne Avenue;
THENCE, northeasterly 112.50 feet along.the southeasterly line of Hawthorne Avenue; THENCE, southeasterly 75.00 feet and parallel with Alma Street; THENCE, southwesterly 112.50 feet and parallel with Hawthorne Avenue; THENCE, northwesterly 75.00 feet along the northeasterly line of Alma Street to the POINT
OF BEGINNING,
Said Parcel 1 contains 8,437.50 square feet more or~ less, Said Parcel 1 is shown on attached map Exhibit "B" .and made a part hereof, LEGAL: 12025060.wpd
PLAT: 12025060.DWG
End of Legal Description
Exhibit "A"
EXHIBIT A ( 1 of 2)
(to Deed)
Exhibit A-31
Item 3
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 3: Staff Report
Pg.
6 Packet Pg. 22 of 341
35’
I,ii,I
Z
HAWTHORNE AVENUE
-- P.D.B. PARCEL
=:-XHIBTT_
35’
IIBSO¯
PARCEL
A.P.No, ]80-85-060
DRAWN BY: J. KIEHL
CHECKED BY: J. BI:]URQUIN..~rB
CHECKED BY: J. REMLEY/#’~:
LEGAL F]LENAME: 18085060
DRAWING F]LENAME: 12025060
112.50’
s°°& A,P.No ,
77.13’
PARCEL 1
WELL SITE
UNIVERSITY PARK
A.P,No.
CITY OF PALD ALTO, CALIFORNIA
EXHIBIT A (2 of 2)
35.37"
d
Z
O_
<£
180-85-053
SCALE: l" =
P.L.S. 7158
APPROVED:
REVISION: (4) 4/18/96
Item 3
Attachment A - Park
Dedication Ordinance for
Tower Well Site at 201
Alma Street
Item 3: Staff Report
Pg.
7 Packet Pg. 23 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
NAMING CITY-OWNED LAND AND FACILITIES
POLICY STATEMENT
The purpose of this policy is to ensure that City-owned land and facilities, when named for individuals, are persons who have made significant c ontributions or performed services deemed to have been of major importance to the community.
This policy establishes uniform pr ocedures for the naming of City-o wned land and facilities as set forth by Council Resolution No. 6211, approved on December 12, 1983, and revised by Council on April 12, 2004. The policy is applicable to new and ex isting City-owned land and facilities.
The policy provides a mechanism for citizens to suggest names which they believe should be considered for new City facilities or land acquisitions and for the renaming of existing facilities and lands. The policy also establishes criteria which will guide the Historical Association and the appropriate City Commission or Committee in recommending names to the Council for approval.
Naming and renaming City-owned land and facili ties shall be the respons ibility of the City Council. However, places within City-owned land or facilities, such as a room or patio within a building or a trail or athletic field within a park, which do not require formal dedication by the City Council, may be named by the City Manager or his/her designee, subj ect to final approval by the City Council via the consent calendar.
This process does not apply to the naming of streets which will continue to be processed through the Planning and Community Environment Depart ment (Policy and Proc edure 1-16: Naming of City Streets). The naming of a street may be c onsidered an appropriate alternative means of honoring an individual.
The City Council has determined that significant individual, family or foundation contributions to the construction/renovation of City facilities can be reco gnized through the naming of said facilities after these groups. This document ou tlines the procedure to be followed when a fund- raising group or board, with th e approval of the City Council , embarks upon a capital campaign for the purpose of securing private funds for th e acquisition of land, ren ovation/expansion of an existing building, or the construction of a new fa cility, and wishes to offer naming opportunities in recognition of significant donati ons of money or land. The City Council has determined that significant contributions from co rporations or corporate foundati ons to capital campaigns will not be accepted in exchange for the ability to name entire facilities in recognition of these corporate entities. However, the City Counc il has agreed to allow naming recognition of corporate or commercial entities in facility interiors or on sub-facilities as described in this policy.
Business logos associated with any benefactor seeking naming rights shall not be allowed on any City owned land, facility, building or sub-facility under this policy.
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
8 Packet Pg. 24 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
The City may remove any business name from a City facility or property if the business declares bankruptcy and goes out of business. The City may remove any indivi dual name from a City facility or property if the person is convicted of a fel ony or other crime of mo ral turpitude. If a name is removed under this provision, the City shall not be required to return the donation.
SECTION 1: PROCEDURE FOR NAMING NEW FACILITIES OR CITY-OWNED LANDS
In cases involving a major capital fundraising camp aign, there will be a separate and different procedure from the one outlined below. Section 3 below on “Naming Recognition for Capital Campaigns” further outlines this process.
A. Responsibility of the Project Manager
Implementation of this policy is the responsibility of the departme nt in which the project to be named is managed. In the instance of a new City-owned land or facility, the project manager should incorporate the process for naming in to the project schedule so the naming is accomplished in a timely manner.
1. Requests concerning a name to be given to the City-owned land or facility shall be made in writing on an approved suggestion form to the City Clerk.
a. The project manager should alert the City Clerk when to expect the submission of names and the anticipated time frame for the naming process.
b. The project manager may submit suggested names on an approved suggestion form on behalf of staff or citizens who have been involved in the project development.
c. In some instances, it may be appropria te to actively solicit suggestions and, in those cases, the project manager should sp ecify a time frame for submissions and method of notification.
d. All submittals, whether from an indivi dual or an organization, must include the name and address of the submitter. No anonymous submittals will be accepted.
e. All suggestions will be given the same consideration without regard to the nomination source.
2. The project manager is responsible for c onveying the name suggestion forms from the City Clerk to the Palo Alto Historical A ssociation and presenting the recommendations from the Historical Association to the appropriate commission or committee whose sphere of influence is most closely associated with the facility in question. The Parks and Recreation Commission shall revi ew name suggestions for acqui red land to be dedicated as a park, recreational facilities, community centers and interpretive centers. The Library Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
9 Packet Pg. 25 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
Advisory Commission shall review name sugges tions for library facilities. The Public Art Commission shall review name suggestions for art facilities. The Policy and Services Committee shall review name suggestions for poli ce, fire or utility facilities as well as major civic complexes.
a. The Historical Association may also originate suggestions for names or provide suggestions for appropriate alternatives as part of its recommendations.
b. The project manager shall assure that adequate time is allowed for the Historical Association and the appropria te commission or committee to evaluate the recommended names.
c. The Historical Association shall dete rmine if the suggested names meet the criteria of appropriate significance, and shall submit the recommendations to the appropriate commission or committee toge ther with the rationale for the recommendations. The response from the Historical Association shall acknowledge all the names that are submitted, but recommend only those which it feels meet the criteria and warrant serious consideration.
B. Responsibility of the Reviewing Commission Or Committee
1. The commission or committee shall conduc t a public hearing, confirm that the recommended names meet the criteria of appropriate significance, select recommendation(s) provided by the Histor ical Association, and shall forward its recommendation to the City Council. The re port from the commission or committee shall acknowledge all of the recommended names t ogether with their evaluation, but present only the name(s) which it feels best meets the criteria and merits serious consideration by the City Council.
2. Once approved, a transmittal and resolution will be prepared by staff for consideration and approval by the City Council. The transm ittal shall include a narrative of historic reference prepared by the Palo Alto Histor ical Association for the name, a copy of the name suggestion form, and minutes of the Commission meeting when the recommendation was discussed.
C. Criteria
The following criteria shall be used in selecting an appropriate name for City-owned land and facilities.
1. The name should, if possible, have or pres erve the geographic, environmental (relating to natural or physical feat ures), historic or landmar k connotation of particular significance to the area in which the land or facil ity is located, or for the City as a whole.
Either connotation is equally valid.
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
10 Packet Pg. 26 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
2. Acknowledgement of contributions: Consider ation may be given to naming the City- owned land or facility after an individual when the land or facility, or the money for its purchase, has been donated by the individua l, or when otherwise warranted by some contribution or service which is deemed to be of major and lasting significance to the acquisition of that piece of land, or planning, development, construction or renovation of that particular facility. Donation of land or resources sha ll not constitute an obligation by the City to name the land or facility or any portion thereof, after an individual, family, or individual/family foundation. City -owned lands, parks, or entir e facilities shall not be named for benefactor organizations, groups or businesses, but in sp ecial cases, may be considered for sub-facilities such as room s or playgrounds. In cases involving a major capital fundraising campaign, see Section 3 below – Naming Recognition for Capital Campaigns.
3. Names honoring individuals or families, ot her than those of recognized historic importance, must be supported by compelling reasons.
4. In the event the City-owned land or facility was formerly school property or had other ownership such that the name of the school, building or site has community significance or community recognition, consideration may be given to preserving that name.
5. The City encourages naming which reflects the City’s ethnic and cultural diversity.
6. No City-owned land or facility shall be named after a seated elected or appointed official.
7. No City-owned land or facility shall be na med after a person whose contribution to the City of Palo Alto was or is a part of that individual’s normal duties as an employee of the City. An exception may be made for former such employees who have contributed volunteer services of an exceptional nature beyond their normal duties.
8. When naming sub-facilities or interior spaces, such as rooms or playgrounds, after corporate or commercial entities or foundations , these entities must abide by the City’s anti-discrimination policy.
D. Council Action
1. The recommendations received from the Histor ical Association and the commission or committee shall be placed on the Council agenda for final approval.
2. Action by the Council shall be by Council Resolution.
E. Follow-up to Selection of the Name
1. The above-described process for selectin g an appropriate name should precede the preparation of a park dedication ordinance.
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
11 Packet Pg. 27 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
2. Subsequent to approval by the City Counc il, the name for the City-owned land or facility shall be conveyed to the Department of Public Works for in corporation in City official maps and plans, and to the Palo Alto Historical Association for its records.
F. Naming Places Within City-owned Land or Facilities
In the case of places within City-owned land or facilities, where the policy does not require a Council resolution, responsibility for requesting C ouncil approval of the new name shall reside with the department head who manages the land or facility.
Ideally, the naming of features w ithin a park and specific trails or facilities within open space lands will occur during the master plan or site plan process.
Names within parks should be appropriate to th e park by reflecting the expression of the place (topography, geology, natural features), flora and fauna, or history of the area.
In advance of the naming, the department head shall send a memorandum to the City Manager advising of the proposed action and requesting approval. The City Manager will then seek approval of the name from the City Council via the consent calendar.
SECTION 2: PROCEDURE FOR RENAMING EXISTING FACILITIES OR CITY-
OWNED LANDS
Existing place names are deemed to have historic recognition. City policy is not to change the name of any existing facilities or City-owned land, particularly one whose name has City or regional significance, unless there are compelli ng reasons to do so. Further, the City will consider renaming to commemorate a person or persons only when the person or persons have made major, overriding contributions to the City and whose distinctions are as yet unrecognized.
A. Renaming Suggestions
1. All requests concerning a new name to be given to the City-owned land or facility shall be made in writing on an approved suggestion form to the City Cl erk. The suggestion must detail how the proposed na me change is consistent with the criteria, the purpose of the name change, and how the new name is directly associated with the land or facility.
2. All submittals, whether from an individual, organization or City staff, must include the name and address or the submitter. No anonymous submittals will be accepted.
3. The City Council shall initiate the renami ng process by referral of the public or staff request to the commission or committee whos e sphere of influence is most closely associated with the facility in question. Council can also initiate the renaming of lands or a facility without a public request whenever de emed necessary or in the best interest of the City of Palo Alto, following established criteria. Once the referral is made by the City Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
12 Packet Pg. 28 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
Council to a specific commission or committee, the commission or committee will await comment and evaluation of the new name from the Palo Alto Historical Association.
B. Responsibility of the Project Manager
1. The City Clerk is responsible for conveying the name suggestion form(s) received by the deadline to the Project Manager, who will be responsible for fo rwarding to the Palo Alto Historical Association and then tran smitting the recommendation(s) from the Palo Alto Historical Association to the appropr iate commission or committee as outlined in Section A above.
2. The recognized neighborhood associa tion in the vicinity of the land or facility will be notified of the proposed name change at the time the reviewing commission or committee receives the report from the Historical Association.
C. Responsibility of the Reviewing Commission Or Committee
1. The commission or committee shall conduc t a public hearing, confirm that the suggested name(s) meet the criteria of appropriate significance, select recommendation(s) from the names provided by the Historic al Association, and shall forward its recommendation to the City Council. The re port from the commission or committee shall acknowledge any recommended names together with its evaluation, but present only the name or names which it feels best meets the criteria and merits se rious consideration by the Council.
2. Once approved, a transmittal and resolution will be prepared by staff for consideration and approval by the City Council. The transm ittal shall include a narrative of historic reference for the name or names, together with a copy of the name suggestion form.
D. Criteria
Each application for renaming a city park or faci lity must meet the criteria in this policy, but meeting all criteria does not ensure renaming.
City-owned lands and facilities may be rena med for an individual(s) under the following conditions. Where the individual:
1. Has made lasting and signifi cant contributions to the prot ection of natural or cultural resources of the City of Palo Alto, or
2. Has made substantial contri butions to the betterment of a specific facility or park, consistent with the established standards for the facility, or
3. Has made substantial contributions to the advancement of commensurate types of recreational opportunities within the City of Palo Alto.
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
13 Packet Pg. 29 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
E. Council Action
1. The recommendations received from the Palo Alto Historical Association and commission or committee shall be submitted for Council approval.
2. Action by the Council shall be by Council Resolution.
F. Follow-up to Selection of Name
1. Subsequent to approval by the City Council, the new name for the City-owned land or facility shall be conveyed to the Department of Public Works for in corporation in City official maps and plans, and to the Palo Alto Historical Association for its records.
NOTE: Questions and/or clarification of this po licy should be directed to the City Manager's Office.
SECTION 3: PROCEDURE FOR OFFE RING NAMING RECOGNITION FOR
SIGNIFICANT DONATIONS TO CAPITAL FUNDRAISING CAMPAIGNS
This section applies to any organized fundraisi ng initiated by the City, a Board/Commission or other group whose sole purpose is to support City pr ograms and operations in support of the renovation/expansion of an existing building, the c onstruction of a new fac ility, the acquisition of a building/land, or the furnishings, fixtures and equipment in said facilities.
A. Responsibility of the staff liaison to th e Board, Commission, Task Force or group conducting the Capital Campaign
Implementation of this policy is the responsib ility of department in which the project to be acquired/constructed/re novated is managed. A staff liaison appointed to work with the board/committee will guide them through the process and manage appropriate contacts with other departme nts as necessary during the acquisition, design and construction process. This will ensure that appropriate information and materials are provided to the group and that opportunities and exp ectations are clear, understandable, and feasible within the framework of the project.
B. When a Capital Campaign is initiated by the City, a Commission or other group whose sole purpose is to support City programs and operations, accommodations to the procedures outlined in Sections 1 and 2 shall be made as follows:
a. The organizing body may meet and discuss preliminary plans with the City’s liaison, Department Head and the City Attorn ey’s office in order to facilitate any “silent” fundraising period.
b. The organizing body shall request author ization from the City Council for a Naming Recognition Plan in support of a specific project. They shall provide the following information in their request:
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
14 Packet Pg. 30 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
i. Name of the organizing body;
ii. Purpose of the campaign;
iii. Monetary goal of the campaign;
iv. Expected term of the campaign;
v. Plan for naming recognition includi ng a schedule of naming opportunities and associated gift levels
vi. Maintenance/replacement of naming recognition items – City staff shall work with the organizing body to ensure that the plan includes acknowledgement of the maintenance re sponsibilities associated with any naming recognition items within the facility.
c. Once the Naming Recognition Schedule has been approved by the City Council, the fund-raising body shall have the authority to proc eed with making commitments for naming opportunities with potential donors subject to final Council review.
d. The naming of a facility or sub-facility will not occur until the pledged donation is received.
e. Consistent with the Gifts to the City policy, all gifts paid directly to the City shall be duly reported to the Administrative Services Department (ASD) Director and recognized appropriately in accordance with that policy (Policies and Procedures 1-18). If a donation was given anonym ously, the donor’s identity shall be protected to the extent possible.
f. Under this procedure, the organizing body mu st present a final report to the City Council for approval, detailing the f unds received and any naming opportunities granted, along with a timeline for the completion of the recognition. The group may also come to the Council at a ny time during the capital campaign for approval of one or more naming recogniti on items. All naming recognition must be adopted by resolution of the City C ouncil. The City Manager or designee can also request that any dona tions and associated naming recognitions be brought to the City Council at an earlier point in the capital campaign for approval.
C. The one exception to this procedure shall be for the naming of an entire building as recognition for a significant monetary or la nd contribution. If a fund-raising group secures a donation significant enough to warrant naming the entire facility in recognition of that individual, family or f oundation, this should be presented directly to the City Council for approval separately an d as soon as possible after this type of donation is secured. As part of this approval process, the Council may solicit input from the Palo Alto Historical Associat ion or the appropriate board/commission.
Consistent with the policy statement, the C ity will not recognize significant corporate donations by naming an entire facility in honor of these entities.
D. In cases of major building reconfigurations or disasters that destroy or damage portions of the building, the City reserves the right to remove and not replace naming recognitions. However, the City will consid er the original donation intent in these instances and make accommodations as feasible.
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
15 Packet Pg. 31 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
APPLICATION FOR NAMING OR RENAMING
CITY-OWNED LANDS OR FACILITIES
Naming objectives:
1. Ensure that parks, recreational a reas and facilities are easily identified and located.
2. Ensure that names designated for parks, recreational areas and facilities are consistent with the values and char acter of the area or neighborhood served.
3. Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities.
4. Encourage the donation of land, fu nds for land acquisition or development by individuals and groups.
Criteria for naming new facilities or parks:
The following criteria shall be used in selecting an appropriate name for City-owned land and facilities.
1. The name shall have or preserve the geographic, environmental (relating to natural or physical features), historic or landmark connotation of partic ular significance to the area in which the land or facility is located, or for the City as a whole. Either connotation is equally valid.
2. Consideration may be given to naming the City-owned land or facility after an individual when the land or facility, or the money for its purchase, has been donated by the individual, or when otherwise warranted by some contribution or service which is de emed to be of major and lasting significance to the acquisition of that piece of land, or planning, developm ent, construction or renova tion of that particular facility. Donation of land or resources shall not constitute an obligation by the City to name the land or facility or any portion thereof, after an individual or family. City-owned lands or parks shall not be named for benefactor organizations, groups or businesses, but in special cases, may be considered for sub- facilities such as rooms or playgrounds.
3. Names honoring individuals or families, other than those of recognized historic importance, must be supported by compelling reasons.
4. In the event the City-owned land or facility was formerly school property or had other ownership such that the name of the school, building or site h as community significance or community recognition, consideration may be given to preserving that name.
5. The City encourages naming which reflects the City’s ethnic and cultural diversity.
6. No City-owned land or facility shall be named after a seated elected or appointed official.
7. No City-owned land or facility shall be named af ter a person whose contribution to the City of Palo Alto was or is a part of that individual’s normal duties as an employee of the City. An exception may be made for former such employees who have contribut ed volunteer services of an exceptional nature beyond their normal duties.
8. When naming sub-facilities, such as rooms or playgrounds, after co rporate or commercial entities or foundations, these entities must abide by the City’s anti-discrimination policy.
Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
16 Packet Pg. 32 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
Criteria for renaming existing facilities of parks:
Each application for renaming a city park or facility must meet the criteria listed above, but meeting all criteria does not ensure renaming.
Existing place names are deemed to have historic recogn ition. City policy is not to change the name of any existing facilities or City-owned land, particularly one whose name has City or regional significance, unless there are compelling reasons to do so. Further, the City will consider renaming to commemorate a person or persons only when the pers on or persons have made major, ove rriding contributions to the City and whose distinctions are as yet unrecognized.
City-owned lands and facilities may be renamed fo r an individual(s) under the following conditions.
Where the individual:
1. Has made lasting and significant contributions to the protection of natural or cultural resources of the City of Palo Alto, or
2. Has made substantial contributions to the betterment of a specific fac ility or park, consistent with the established standards for the facility, or
3. Has made substantial contributions to the adva ncement of commensurate types of recreational opportunities within the City of Palo Alto.
Suggestions for naming or renaming City-owned lands or facilities shall be evaluated on the basis of the above criteria and upon appropriate documentation.
Person making the name suggestion (required):
Address (required):_____________________________________________________________
Contact phone number (required):_________________________________________________
E-mail (not required):___________________________________________________________
Location of site or facility to be named:_____________________________________________
Suggested name (required):_______________________________________________________
Biographical information: (Explain) ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Civic involvement: (Explain) ______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
17 Packet Pg. 33 of 341
POLICY AND PROCEDURES 1-15/MGR
Revised: April 2008
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Connection to the facility: (Please explain in depth) ____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Reason for Nomination (required): _________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Additional Comments (additional information may be attached): _________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Date Received by the City Clerk: ____________________________________ Submitted to Palo Alto Historical Association: _________________________ Date scheduled for review by commission: ____________________________ Item 3
Attachment B - Policy
Naming City Owned Land
or Facilities
Item 3: Staff Report
Pg.
18 Packet Pg. 34 of 341
November 8, 2023
P a lo Alto City Co unc il
250 Hamilton A venue
P a lo Alto , C A 9 4 3 0 1
Dear Members of the Ci ty Counci l ,
Fo llo wing the City’s Na m ing P o lic y, the P a lo Alto His to ric a l As s o c ia tio n ha s b e e n requested to recommend a name f or the new park at the corner of A l ma Street and Hawthorne A venue. Gi ven the si gni f i cant hi stori c l andmark on the property, we recommend “T ower Wel l Park.” When constructed i n 1910, the water tower was the firs t m a jo r vis ib le infra s truc ture o f the City’s utilitie s , a nd is a s ym b o l o f the City’s successf ul begi nni ngs and f orward thi nki ng l eaders. T he PA HA board agrees that “T ower Wel l Park” ref l ects the his to ric s ig nific a nc e o f this s ite .
Fo r the P a lo Alto His to ric a l As s o c ia tio n Bo a rd ,
Darl a Secor
His to ria n, P a lo Alto His to ric a l As s o c ia tio n
Item 3
Attachment C - Letter
from Palo Alto Historical
Association with Park
Name Recommendation
Item 3: Staff Report
Pg.
19 Packet Pg. 35 of 341
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: January 22, 2024
Report #:2311-2302
TITLE
Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to Implement Housing Element Program 1.3 Creating By- Right Zoning Approval for Specific Housing Element Inventory Sites. CEQA Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023-2031 Housing Element.
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt an urgency ordinance (Attachment A), that would be effective immediately, Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) to implement Housing Element Program 1.3 creating by-right zoning approval for specific housing element inventory sites; and
2. Adopt an ordinance (Attachment B) that would replace the urgency ordinance prior to its expiration.
EXECUTIVE SUMMARY
The adopted 2023-2031 Housing Element (Housing Element) includes 122 implementation programs. Implementation of Program 1.3, Sites Used in Previous Housing Cycle, would establish a non-discretionary by-right zoning review process for eligible Housing Element opportunity sites reused from previous Housing Element cycles. The Program is required to be implemented by January 31, 2024, per the adopted Housing Element and state law. The urgency ordinance (Attachment A) and permanent ordinance (Attachment B) are required to be adopted in order to meet the required timeline. The ordinances, which contain the same text, Item 4
Item 4 Staff Report
Item 4: Staff Report
Pg.
1 Packet Pg. 36 of 341
establish a new by-right review process for eligible sites in the Palo Alto Municipal Code (PAMC).
The Planning and Transportation Commission (PTC) reviewed the permanent ordinance on December 13, 2023 and unanimously recommended approval.
These changes were inadvertently left off the recent Housing Element implementation ordinance approved by the City Council late last year. This ordinance only applies to 16 properties included in the adopted Housing Element and does not modify development potential; only the process by which development is reviewed.
BACKGROUND
The Housing Element is one of seven mandatory elements that must be included in Palo Alto’s Comprehensive Plan. This element evaluates housing needs and issues in the City, and contains goals, policies, programs, and implementing objectives that the City uses to guide actions related to housing. The City Council adopted the Housing Element on May 8, 2023. The State Department of Housing and Community Development (HCD) provided a letter on August 3, 2023, requesting additional revisions to the Housing Element. Staff anticipates the Housing Element will be brought to the City Council for re-adoption to address HCD’s requested revisions in early 2024. More information about the Housing Element can be found at the project website: www.paloaltohousingelement.com.
The adopted Housing Element includes 122 implementation programs with several key programs needing to be completed by January 2024; the implementation of Program 1.3, Sites Used in Previous Housing Cycle, is one of those programs that must be completed. Council took action on November 13, 2023 adopting an ordinance implementing Housing Element programs
1.1A and 1.1B (rezoning housing inventory sites) and creating a new chapter of the PAMC.
Program 1.3 implementation was inadvertently omitted from that ordinance.
Ordinance Review Process
To implement Program 1.3 by the January 31, 2024 deadline, staff prepared an urgency ordinance concurrently with the permanent ordinance. With staff’s recommended action, the urgency ordinance will become effective immediately for 45 days and the permanent ordinance will go into effect prior to the expiration of the urgency period.
PTC Review
On December 13, 2023 the PTC recommended (6-0) City Council adoption of the permanent ordinance to implement Housing Element Program 1.3. The PTC was supportive of the proposed by-right application review process that will comply with state law, while also allowing the Director to refer projects to the Architectural Review Board (ARB) for one Study Session. The PTC discussion was minimal and included some clarifying questions.
Item 4
Item 4 Staff Report
Item 4: Staff Report
Pg.
2 Packet Pg. 37 of 341
ANALYSIS
The following section outlines the state law requirements for by-right development and the existing and proposed application review processes.
By-Right State Law for Recycled Sites
Housing Element Program 1.3 implements a requirement of state law that requires a “by-right”1 approval process for certain housing projects on housing opportunity sites that were included in a prior housing element(s).
The attached ordinance (Attachment A) would provide a new mechanism for by-right zoning approval of qualifying projects on these “recycled” Housing Element sites. Pursuant to state law, jurisdictions cannot require a discretionary approval process2 for projects that utilize certain Housing Element inventory sites that were used in prior Housing Elements cycles and designated as meeting the City’s lower income regional housing needs allocation. Additional criteria apply and include:
1. Qualifying sites may be non-vacant sites used in one previous housing element cycle, or vacant sites included in two previous housing element cycles;
2. Projects must provide 20% of its total units to lower income households; and
3. Sufficient water, sewer, and other dry utilities available and accessible.
In total, 16 sites in the adopted Housing Element meet criterion 1, above. Applicability of the by-right provision for these sites depends on a project specific application and demonstrated compliance with Criteria 2 and 3. As defined in state law, by-right zoning approval means the City cannot require a conditional use permit, planned unit development permit, or other discretionary local government review, or any approval that would constitute a “project” under the California Environmental Quality Act (CEQA).
In addition to these procedural requirements, state law requires that recycled sites be zoned to require a minimum density of 20 dwelling units per acre, while allowing at least 30 dwelling units per acre. State law also requires density and development standards that would allow development of at least 16 units per site. The recently adopted ordinance implementing Housing Element Program 1.1 satisfied all of these density and development standards requirements.
1 Per Government Code § 65583.2 “Use by right” means “local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a ‘project’ [under CEQA].” 2 Projects requiring subdivision would not be eligible for by-right approval and still be subject to all requirements of the Subdivision Map Act and the City’s subdivision ordinance, including any discretionary review required thereunder.
Item 4
Item 4 Staff Report
Item 4: Staff Report
Pg.
3 Packet Pg. 38 of 341
Existing Development Review Process
Under the City’s current development review process, multifamily developments are subject to the architectural review process set forth in PAMC Section 18.77.070. This allows the ARB to make a recommendation to the Planning and Development Services Department Director (Director). There is also an alternative streamlined review process (PAMC Section 18.77.073) for eligible mixed-use and multi-family projects which utilize the objective design standards outlined in PAMC Chapter 18.24. This streamlined process allows applicants with compliant projects to go through a staff level review and attend one study session with the ARB prior to the Director’s decision.
Table 1: Key Differences in the Multifamily Development Review Process Existing Proposed
Standard Review
(PAMC 18.77.070)
Streamlined Review
(PAMC 18.77.073)
By-Right Review
(PAMC 18.77.074)
ARB Purview Review &
recommendation
required for projects
not compliant with
Objective Standards
Study Session review
following a staff-level
review of projects
compliant with
Objective Standards
Study Session review, if
referred by the Planning
Director, following a staff-
level review of projects
for Objective Standard
compliance
CEQA Applicable Applicable Not Applicable
Decision Planning Director Planning Director Planning Director New By-right Review Process for Eligible Sites
The proposed ordinance outlines a new ministerial approval process for by-right projects which includes staff review for compliance with the City’s objective standards in the Comprehensive Plan, Specific Plans, Area Plans, PAMC (including Section 18.77.074), and other rules and regulations. At the discretion of the Director, applicants may also have their projects reviewed by the ARB at a study session. No CEQA review would be associated with developments eligible for the by-right process. The Director would make the final staff level decision on by-right projects. This process is similar to how 525 East Charleston Road was processed under AB 2162.
The attached ordinance makes minor changes to Chapters 18.76 (Permits and Approvals) and
18.77 (Processing of Permits and Approvals) to clarify which projects are subject to streamlined review and ministerial review. The ordinance also clarifies that such projects are required to obtain a planning entitlement prior to issuance of a building permit, even if they are only subject to ministerial review.
FISCAL/RESOURCE IMPACT
This action has no fiscal or resource impact.
Item 4
Item 4 Staff Report
Item 4: Staff Report
Pg.
4 Packet Pg. 39 of 341
STAKEHOLDER ENGAGEMENT
Notice of the ordinance will be made available online, posted on the public noticing kiosk at King Plaza, City Hall, and published in the Daily Post at least 10 days in advance of the meeting.
ENVIRONMENTAL REVIEW
The adoption of the ordinances would implement Program 1.3, Sites Used in Previous Housing Cycle, of the adopted Housing Element. An Addendum to the Comprehensive Plan Environmental Impact Report (EIR) was prepared to analyze the potential environmental impacts of the Housing Element and the sites inventory contained therein. This environmental analysis under CEQA includes all components of the Housing Element, including implementation of Program 1.3 and the associated text amendments.
ATTACHMENTS
Attachment A: Urgency Ordinance to Implement Housing Element Program 1.3 Creating By- Right Zoning Approval for Specific Housing Element Inventory Sites Attachment B: Ordinance to Implement Housing Element Program 1.3 Creating By-Right Zoning Approval for Specific Housing Element Inventory Sites
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 4
Item 4 Staff Report
Item 4: Staff Report
Pg.
5 Packet Pg. 40 of 341
*NOT YET APPROVED* Atachment A
1 0160134_20240109_ay16
Ordinance No. _____
Emergency Ordinance of the Council of the City of Palo Alto Amending Chapters
18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.3 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) In accordance with AB 1397 (2017), Program 1.3, Sites Used in Previous Housing Cycle, requires rezoning and a “by right” approval process for qualifying projects proposed on certain housing opportunity sites that were included as opportunity sites in prior housing elements. (c) Government Code Sec�on 65583.2, subdivision (c) and the Housing Element require that the City complete its implementa�on of Program 1.3 by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element.
(d) Ordinance No. 5608, adopted on December 11, 2023, accomplished the required rezoning for all sites subject to Program 1.3.
(e) This ordinance implements the “by right” development process for sites subject to Program 1.3 and makes conforming changes to exis�ng provisions of Title 18. (f) The City Council finds and declares that this emergency ordina nce is necessary as an emergency measure to preserve the public peace, health or safety by promo�ng the development of much-needed housing in Palo Alto, and by ensuring compliance with the deadlines and requirements of state law set forth above.
(g) The City Council further finds and declares that the need for housing development presents a current and immediate threat to the public health, safety, or welfare and that the provisions of this ordinance will remove barriers that contribute to this threat.
SECTION 2.
Sec�on 18.14.050 ( By Right Status of Qualifying Projects on Specified Housing Opportunity Sites) of Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.14.050 By Right Status of Qualifying Projects on Specified Housing Opportunity Sites (a) Mul�-family residen�al projects on housing opportunity sites shall be a “use by right,” subject to all of the following requirements:
(1) The site is designated in Appendix D of the Housing Element to accommodate lower income households and it is either:
(A) a nonvacant site included in one prior housing element; or (B) a vacant site that has been included in two or more consecu�ve , prior housing elements;
Item 4
Attachment A -
Emergency Ordinance
Amending Ch 18.14,
18.76, 18.77 of Title 18 of
PAMC to Implement
Programs 1.3 of CPA
2023-2031 Housing
Element
Item 4: Staff Report
Pg.
6 Packet Pg. 41 of 341
*NOT YET APPROVED* Atachment A
2 0160134_20240109_ay16
(2) The site was not previously approved to de velop a por�on of City’s regional housing need alloca�on;
(3) The project restricts at least 20 percent of the units to rents or sales prices affordable to lower income households; and
(4) The site has sufficient water, sewer, and other dry u�li�es available and accessible. (b) “use by right” shall have the same meaning as provided in Government Code Sec�on 65583.2, subdivision (i).
(c) “lower income households” shall have the same meaning as provided in Health and Safety Code Sec�on 50079.5.
(d) Qualifying projects shall be reviewed pursuant to Sec�on 18.77.074.
SECTION 3. Sec�on 18.77.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]):
18.76.020 Architectural Review
(a) Purpose
[. . .]
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this sec�on, unless an applica�on for architectural review is reviewed, acted upon, and approved or approved with condi�ons as set forth in Sec�on 18.77.070. (1) Exempt Projects. The following projects do not require architectural review:
[. . .]
(C) Housing development projects, as defined in Government Code Sec�on 65589.5(h)(2) (the Housing Accountability Act), but only to the extent if such projects qualify for ministerial review under Government Code sec�ons 65913.4 or 65951, or if they comply with all applicable objec�ve standards, in this code and the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5 , 65913.4, or 65905.5 . Such projects shall be subject to the process es set forth in Sec�ons 18.77.073 or 18.77.074, as applicable.
[. . .]
SECTION 4. Sec�on 18.7 6.025 (Mul� -Family Residen�al Projects Exempt Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.76.025 Mul�-Family Residen�al Projects Exempt from Architectural Review No permit required under Title 2, Title 12 or Title 16 shall be issued for a mul� -family residen�al project that is exempt from Architectural Review under Sec�on 18.76.020, subdivision (b)(1)(C) , unless it first receives a planning approval from the Planning Director under this Sec�on. Projects subject to ministerial review or that are defined as a “use by right” under state law shall be reviewed under Sec�on 18.77.074.
Item 4
Attachment A -
Emergency Ordinance
Amending Ch 18.14,
18.76, 18.77 of Title 18 of
PAMC to Implement
Programs 1.3 of CPA
2023-2031 Housing
Element
Item 4: Staff Report
Pg.
7 Packet Pg. 42 of 341
*NOT YET APPROVED* Atachment A
3 0160134_20240109_ay16
Projects that are not subject to ministerial review, but that comply with all applicable objec�ve standards, shall be reviewed under Sec�on 18.77.073.
SECTION 5. Sec�on 18.77.073 (Streamlined Housing Development Project Review Process) of Chapter
18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended t o r e a d a s f o l l o w s (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]):
18.77.073 Streamlined Housing Development Project Review Process (a) Applicability
This sec�on shall apply to applica�ons for residen�al mixed -use and mul�family housing development projects, as defined in Government Code Sec�on 65589.5(h)(2), that comply with all applicable objec�ve standards in this code and for which the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5, or 65905.5.
[. . .]
SECTION 6. Sec�on 18.77.074 (Ministerial and By Right Review Processes) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.77.074 Ministerial and By Right Review Process
(a) Purpose and Applicability
This sec�on is intended to define a streamlined, ministerial review process for qualifying Housing Development Projects that are submited pursuant to streamlining provisions in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This sec�on shall apply to mul�-family residen�al projects that are subject to ministerial review or defined as a “use by right” in state law , including, but not limited to, Government Code Sec�ons 65651, 65583, 65583.2, and 65913.4. T h i s s e c � on d oe s n ot a p p l y t o the crea�on of an accessory dwelling unit and/or junior accessory dwelling unit.
The review required by this sec�on shall not involve the exercise of discre�on in a manner that would cons�tute a “project” for purposes of the California Environmental Quality Act (CEQA). This sec�on does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project” for purposes of CEQA. (b) Staff level review.
Applica�ons under this sec�on shall be reviewed by City staff for compliance with applicable objec�ve standards in the City’s Comprehensive Plan , Specific Plans, Area Plans, Municipal Code, and other rules and regula�ons . A decision on the applica�on shall be made by the Planning Director within any �meframes dictated by applicable state law.
(c) Public study session.
Prior to preparing a writen decision, the Director may, in his or her sole discre�on, refer the applica�on to the Architectural Review Board or to other advisory boards or commi ssions for informal review. The recommenda�ons of such boards and commissions shall not be binding. (d) Public no�ces.
Item 4
Attachment A -
Emergency Ordinance
Amending Ch 18.14,
18.76, 18.77 of Title 18 of
PAMC to Implement
Programs 1.3 of CPA
2023-2031 Housing
Element
Item 4: Staff Report
Pg.
8 Packet Pg. 43 of 341
*NOT YET APPROVED* Atachment A
4 0160134_20240109_ay16
No�ce of a public mee�ng to consider the applica�on shall be given at least seven days prior to the mee�ng by mailing to the applicant and all residents and owners of property within 600 feet of the project.
No�ce shall include the address of the property, a brief descrip�on of the proposed project, and the date and �me of the hearing.
SECTION 7. 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.
SECTION 8. 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 1.3 of the Housing Element, which this ordinance implements.
SECTION 9. This ordinance shall be effec�ve immediately upon adop�on by a four -fi�hs vote of the City Council, unless extended or repealed by the City Council, shall remain in effect for 45 days, or un�l a replacement ordinance becomes effec�ve, whichever occurs first.
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 4
Attachment A -
Emergency Ordinance
Amending Ch 18.14,
18.76, 18.77 of Title 18 of
PAMC to Implement
Programs 1.3 of CPA
2023-2031 Housing
Element
Item 4: Staff Report
Pg.
9 Packet Pg. 44 of 341
*NOT YET APPROVED*
Atachment B
1 0160133_20231221_ay16
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and 18.77 (Processing Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.3 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) In accordance with AB 1397 (2017), Program 1.3, Sites Used in Previous Housing Cycle, requires rezoning and a “by right” approval process for qualifying projects proposed on certain housing opportunity sites that were included as opportunity sites in prior housing elements.
(c) Government Code Sec�on 65583.2 , subdivision (c) and the Housing Element require that the City complete its implementa�on of Program 1.3 by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element.
(d) Ordinance No. XXXX, adopted on December 11, 2023, accomplished the required rezoning for all sites subject to Program 1.3.
(e) This ordinance implements the “by right” development process for sites subject to Program 1.3 and makes conforming changes to exis�ng provisions of Title 18.
SECTION 2.
Sec�on 18.14.050 ( By Right Status of Qualifying Projects on Specified Housing Opportunity Sites ) of Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.14.050 By Right Status of Qualifying Projects on Specified Housing Opportunity Sites
(a) Mul�-family residen�al projects on housing opportunity sites shall be a “use by right,” subject to all of the following requirements:
(1) The site is designated in Appendix D of the Housing Element to accommodate lower income households and it is either:
Item 4
Attachment B - Ordinance
Amending Ch 18.14,
18.76, 18.77 of PAMC to
Implement Programs 1.3
of CPA 2023-2031
Housing Element
Item 4: Staff Report
Pg.
10 Packet Pg. 45 of 341
*NOT YET APPROVED*
Atachment B
2 0160133_20231221_ay16
(A) a nonvacant site included in one prior housing element; or
(B) a vacant site that has been included in two or more consecu�ve, prior housing elements;
(2) The site was not previously approved to develop a por�on of City’s regional housing need alloca�on;
(3) The project restricts at least 20 percent of the units to rents or sales prices affordable to lower income households; and
(4) The site has sufficient water, sewer, and other dry u�li�es available and accessible.
(b) “use by right” shall have the same meaning as provided in Government Code Sec�on 65583.2, subdivision (i).
(c) “lower income households” shall have the same meaning as provided in Health and Safety Code Sec�on 50079.5.
(d) Qualifying projects shall be reviewed pursuant to Sec�on 18.77.074.
SECTION 3.
Sec�on 18.77.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]):
18.76.020 Architectural Review
(a) Purpose
[. . .]
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this sec�on, unless an applica�on for architectural review is reviewed, acted upon, and approved or approved with condi�ons as set forth in Sec�on 18.77.070 .
(1) Exempt Projects. The following projects do not require architectural review:
[. . .]
Item 4
Attachment B - Ordinance
Amending Ch 18.14,
18.76, 18.77 of PAMC to
Implement Programs 1.3
of CPA 2023-2031
Housing Element
Item 4: Staff Report
Pg.
11 Packet Pg. 46 of 341
*NOT YET APPROVED*
Atachment B
3 0160133_20231221_ay16
(C) Housing development projects, as defined in Government Code Sec�on 65589.5(h)(2) (the Housing Accountability Act), but only to the extent if such projects qualify for ministerial review under Government Code sec�ons 65913.4 or 65951, or if they comply with all applicable objec�ve standards, in this code and the City’s discre�on is thereby qualify for streamlining under limited by Government Code sec�ons 65589.5 , 65913.4, or 65905.5 . Such projects shall be subject to the processes set forth in Sec�ons 18.77.073 or 18.77.074, as applicable.
[. . .]
SECTION 4. Sec�on 18.76.025 (Mul�-Family Residen�al Projects Exempt Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.76.025 Mul�-Family Residen�al Projects Exempt from Architectural Review
No permit required under Title 2, Title 12 or Title 16 shall be issued for a mul�-family residen�al project that is exempt from Architectural Review under Sec�on 18.76.020, subdivision (b)(1)(C), unless it first receives a planning approval from the Planning Director under this Sec�on. Projects subject to ministerial review or that are defined as a “use by right” under state law shall be reviewed under Sec�on 18.77.074. Projects that are not subject to ministerial review, but that comply with all applicable objec�ve standards, shall be reviewed under Sec�on 18.77.073.
SECTION 5. Sec�on 18.77.073 (Streamlined Housing Development Project Review Process) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is amende d to read as follows (addi�ons underlined, dele�ons struck through, and omited text le� unchanged indicated by [. . .]):
18.77.073 Streamlined Housing Development Project Review Process
(a) Applicability
This sec�on shall apply to applica�ons for residen�al mixed -use and mul�family housing development projects, as defined in Government Code Sec�on 65589.5(h)(2), that comply with all applicable objec�ve standards in this code and for which the City’s discre�on is thereby qualify
for streamlining under limited by Government Code sec�ons 65589.5, or 65905.5.
[. . .]
SECTION 6. Sec�on 18.77.074 (Ministerial and By Right Review Processes) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
Item 4
Attachment B - Ordinance
Amending Ch 18.14,
18.76, 18.77 of PAMC to
Implement Programs 1.3
of CPA 2023-2031
Housing Element
Item 4: Staff Report
Pg.
12 Packet Pg. 47 of 341
*NOT YET APPROVED*
Atachment B
4 0160133_20231221_ay16
18.77.074 Ministerial and By Right Review Process
(a) Purpose and Applicability.
This sec�on is intended to define a streamlined, ministerial review process for qualifying Housing Development Projects that are submited pursuant to streamlining provisions in AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This sec�on shall apply to mul�-family residen�al projects that are subject to ministerial review or defined as a “use by right” in st at e la w, including, but not limited to, Government Code Sec�ons 65651, 65583, 65583.2, and 65913.4. This sec�on does not apply to the crea�on of an accessory dwelling unit and/or junior accessory dwelling unit.
The review required by this sec�on shall not involve the exercise of discre�on in a manner that would cons�tute a “project” for purposes of the California Environmental Quality Act (CEQA). This sec�on does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project” for purposes of CEQA.
(b) Staff level review.
Applica�ons under this sec�on shall be reviewed by City staff for compliance with applicable objec�ve standards in the City’s Comprehensive Plan, Specific Plans, Area Plans, Municipal Code, and other rules and regula�ons . A decision on the applica�on shall be made by the Planning Director within any �meframes dictated by applicable state law.
(c) Public study session.
Prior to preparing a writen decision, the Director may, in his or her sole discre�on, refer the applica�on to the Archite ctural Review Board or to other advisory boards or commissions for informal review. The recommenda�ons of such boards and commissions shall not be binding.
(d) Public no�ces.
No�ce of a public mee�ng to consider the applica�on shall be given at least seven days prior to the mee�ng by mailing to the applicant and all residents and owners of property within 600 feet of the project. No�ce shall include the address of the property, a brief descrip�on of the proposed project, and the date and �me of the hearing.
SECTION 7. 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 validit y 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 4
Attachment B - Ordinance
Amending Ch 18.14,
18.76, 18.77 of PAMC to
Implement Programs 1.3
of CPA 2023-2031
Housing Element
Item 4: Staff Report
Pg.
13 Packet Pg. 48 of 341
*NOT YET APPROVED*
Atachment B
5 0160133_20231221_ay16
SECTION 8. 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 -2 031 Ho usi ng Eleme n t . On M a y 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
1.3 of the Housing Element, which this ordinance implements.
SECTION 9. This ordinance shall be effec�ve on the thirty -fi r s t d a t e a � e r t h e d a t e o f i t s 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 4
Attachment B - Ordinance
Amending Ch 18.14,
18.76, 18.77 of PAMC to
Implement Programs 1.3
of CPA 2023-2031
Housing Element
Item 4: Staff Report
Pg.
14 Packet Pg. 49 of 341
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: January 22, 2024
Report #:2303-1230
TITLE
Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ- 22001); CEQA – exempt under Section 15133
RECOMMENDATION
Staff recommends that Council:
1) Accept the Recommendation from the Parks and Recreation Commission to adopt a Park Improvement Ordinance authorizing improvements to the Palo Alto Baylands as part of the Horizontal Levee Pilot Project; and
2) Approve and authorize the City Manager or their designee to execute an agreement between the Association of Bay Area Governments and the City for implementation and construction of the Horizontal Levee Pilot Project (WQ-22001)
EXECUTIVE SUMMARY
Horizontal levees are a green, nature-based, multi-beneficial alternative to traditional greyscape solutions (e.g., rip rap, sheet piling) for wave attenuation on the bayside of flood control levees. Since 2017, the City has been working in collaboration with the Association of Bay Area Governments (ABAG – host agency for the San Francisco Estuary Partnership) to design and eventually construct the Palo Alto Horizontal Levee Pilot Project (WQ-22001) on the east side of Harbor Road near Byxbee Park. The Project requires Council approval and adoption of a Park Improvement Ordinance (Attachment A) because the Project seeks to substantially alter a City park. The Project will:
•construct a berm and horizontal levee along a portion of existing, poor-quality upland habitat adjacent to Harbor Marsh within the Palo Alto Baylands Nature Preserve; •install various native plants on the Project site to restore diverse transitional habitats including freshwater marsh, wet meadow, and riparian scrub; Item 5
Item 5 Staff Report
Item 5: Staff Report
Pg.
1 Packet Pg. 50 of 341
•install an underground pipeline to transport treated wastewater along Embarcadero and Harbor Roads to the horizontal levee for native plant irrigation; •realign a portion of the Marsh Front Trail as required to accommodate the horizontal levee and reconnect habitats; and
•install educational signage and provide opportunities for public participation in community science activities.
The proposed Cooperative Agreement (Attachment B) would establish ABAG and the City’s responsibilities to bring the Project to completion through any unforeseen obstacles, delays, cost overruns, or unpredicted circumstances that affect the Project scope, budget, or timeline.
Through implementation of the Cooperative Agreement, ABAG will fund construction management and construction via grants that have been awarded to them; the City would oversee change orders and budget overruns, assist with public outreach, obtain and pay for required construction permits, implement the Monitoring and Adaptive Management Plan, and once constructed, own and operate the Project.
BACKGROUND
Horizontal levees are a nature-based alternative to traditional greyscape solutions (e.g., rip rap, sheet piling) for wave attenuation on the bayside of flood control levees (Figure 1). Horizontal levees utilize treated wastewater to irrigate a gently sloping, vegetated ecotone slope that provides wave attenuation as well as refugia, transitional habitat between tidal wetlands and terrestrial uplands, sea level rise adaptation, and polishing treatment of treated wastewater. A unique aspect to horizontal levees is their use of treated wastewater to irrigate the ecotone slope. Other ecotone slopes that have been built in the area utilize passive irrigation or potable water for irrigation of the vegetated area.
Unlike much of the shoreline along the San Francisco Bay, the Palo Alto shoreline, while highly developed and altered, continues to sustain tidal marsh. The Palo Alto Baylands shoreline is comprised of low levees and a closed landfill. Directly behind these levees are City assets that are critical infrastructure, including the City’s Regional Water Quality Control Plant (RWQCP), airport, the Palo Alto Flood Basin, roads, and light commercial development. Potential flooding of City infrastructure, buildings, and other development west of Highway 101 is limited by the existing levees. However, these levees are not engineered to meet Federal Emergency Management Agency (FEMA) accreditation standards, and in many locations do not provide 100-year flood protection. To improve shoreline flood protection, the San Francisquito Creek Joint Powers Authority evaluated possible new levee alignments and improvements via the Strategy to Advance Flood Protection, Ecosystems and Recreation (SAFER) study. This study is now under consideration by United States Army Corps of Engineers as part of the South San Francisco Bay Shoreline Feasibility Study Phase II (Valley Water coordinates regional partners and discussion for this effort).
Item 5
Item 5 Staff Report
Item 5: Staff Report
Pg.
2 Packet Pg. 51 of 341
An emerging regional goal and best practice for levee improvement is to incorporate nature based solutions, such as horizontal levees, to provide flood protection that can evolve in the future, restore Bay habitats, and enhance public access. Since design considerations for horizontal levees are still early in their development, a permanent pilot project was pursued to answer outstanding questions about permitting requirements, construction costs, and site- specific design parameters (e.g., plant palletes). Information from Palo Alto’s Horizontal Levee Pilot Project will inform the design for potential additional future horizontal levees around Palo Alto and the greater Bay Area.
Since 2017, the City of Palo Alto has collaborated with ABAG –the host entity for the San Francisco Estuary Partnership– to evaluate and design a permanent horizontal levee pilot project within the Palo Alto Baylands with the following objectives:
1. Be on the leading edge of integrating habitat enhancement with sea level rise adaptation and novel wastewater treatment approaches around the San Francisco Bay;
2. Integrate a horizontal levee on the bayfront of a traditional flood control levee to provide wave attenuation;
3. Adapt to sea level rise by providing a vegetated transitional slope that will build organic soils and support sediment accretion and accumulation to allow for future tidal marsh migration;
4. Improve habitat along the perimeter of Harbor Marsh for native species;
5. Provide polishing treatment to treated wastewater; and
6. Maintain and provide opportunities for compatible low-impact recreation and social infrastructure.
Figure 1: Illustration of a horizontal levee system.
ANALYSIS
The Project will:
Item 5
Item 5 Staff Report
Item 5: Staff Report
Pg.
3 Packet Pg. 52 of 341
•construct a berm and horizontal levee along a portion of existing, poor-quality upland habitat adjacent to Harbor Marsh within the Palo Alto Baylands Nature Preserve; •install various native plants on the Project site to restore diverse transitional habitats including freshwater marsh, wet meadow, and riparian scrub; •install an underground pipeline to transport treated wastewater along Embarcadero and Harbor Roads to the horizontal levee for native plant irrigation; •realign a portion of the Marsh Front Trail as required to accommodate the horizontal levee and reconnect habitats; and
•install educational signage and provide opportunities for public participation in community science activities.
The Project will require temporary rerouting of a portion of the Trail and temporary traffic restrictions to a portion of Harbor Road to accommodate construction; complete trail and road closures are not anticipated.
The Municipal Code requires the Council to adopt an ordinance approving any substantial building, construction, reconstruction or development on City park lands. Staff presented the proposed ordinance (Attachment A) to the Parks and Recreation Commission on March 28, 2023, which voted unanimously to recommend the proposed ordinance for approval.
Through the proposed Cooperative Agreement between ABAG and the City for the Palo Alto Horizontal Levee Pilot Project Construction (Attachment B), Project implementation and construction responsibilities will be divided accordingly:
1) ABAG will use grant funding it obtained to provide Project construction, construction management, and related permit compliance;
2) the City will actively participate during project construction and provide oversight of change orders and budget overruns, assist with public outreach, obtain and pay for required construction permits, implement the Monitoring and Adaptive Management Plan, and once constructed own and operate the Project.
The proposed Cooperative Agreement serves to establish ABAG’s and the City’s responsibilities to bring the Project to completion through any unforeseen obstacles, delays, cost overruns, or unpredicted circumstances that affect the Project scope, budget, or timeline.
FISCAL/RESOURCE IMPACT
The Project is included in the City’s Capital Improvement Budget as Project Number WQ-22001.
The total Project cost is estimated at $4.7 million, including design, construction, and post- construction monitoring. The total available funding amount, including grants and City contributions, is $5.5 million, which is 17 percent more than estimated costs to account for unforeseen costs during bidding or construction. The Project team has secured $4.5 million from numerous grants that have funded the majority of total Project costs. Grantors include the Item 5
Item 5 Staff Report
Item 5: Staff Report
Pg.
4 Packet Pg. 53 of 341
California Coastal Conservancy and the United States Environmental Protection Agency. Grants were awarded to and are administered by ABAG. The City serves as a vested stakeholder and is required to provide $4.8 million in matching local funds by leveraging multiple Capital Improvement Projects already occurring at the Regional Water Quality Control Plant. In addition, the City expects to contribute a total of $1 million to the Project in direct payments for permitting, environmental review, community outreach, and monitoring studies which are paid for by the Wastewater Treatment Fund; to date the City has spent approximately $0.4 million as direct payments with the remainder anticipated to be spent on required post- construction monitoring.
The proposed Cooperative Agreement acknowledges that ABAG’s sole source of financial resources to fund the Project is through the awarded grants and that ABAG has no separate financial resources to contribute to Project costs. The City acknowledges and agrees in the proposed Cooperative Agreement that the City, not ABAG, is responsible for any Project costs that exceed the available grant funding. Should actual construction costs exceed the available grant funding, ABAG agrees to work in good faith with the City to identify additional funds to cover Project costs and that the City, at its sole discretion, has the right to modify the Project based upon availability of additional funding.
STAKEHOLDER ENGAGEMENT
Since the beginning of the project in 2017, staff has conducted more than 20 stakeholder engagement activities including several community events (e.g., bioblitzes to tally pre-project animal and plant species) and specific presentations to local non-governmental organizations.
In addition, the project team elicited feedback from the Parks and Recreation Commission throughout the design phases, at the November 27, 20181, February 25, 20202, and July 28, 20223 meetings. Most recently, staff took the draft Park Improvement Ordinance to the March 28, 2023 Parks and Recreation Commission meeting where it was unanimously recommended for Council to adopt and approve4. Stakeholder engagement will continue during construction 1 Parks and Recreation Commission, November 27, 2018; Agenda Item # V.3, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2018-agenda-and-minutes/park-and-recreation-commission-report- horizontal-levee-11-27-2018.pdf?t=65128.09
2 Parks and Recreation Commission, February 25, 2020; Agenda Item # V.5, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2020-agenda-and-minutes/prc-staff-report_pahlpp_feb2020_v2.pdf 3 Parks and Recreation Commission, July 28, 2022; Agenda Item # 7, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2022-agendas-and-minutes/07.2022/prc-staff- report_pahlpp_jul2022.pdf
4 Parks and Recreation Commission, March 28, 2023; Agenda Item # 3, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2023-agendas-and-minutes/3-mar/horizontal-levee-project-pio-prc-
03.28.23.pdf
Item 5
Item 5 Staff Report
Item 5: Staff Report
Pg.
5 Packet Pg. 54 of 341
and after through strategic partnerships with local non-governmental organizations including Save the Bay, Nuestra Casa, the Association of Ramaytush Ohlone, and Environmental Volunteers. These activities will include community planting, photo-point monitoring, educational signage, and community science activities.
ENVIRONMENTAL REVIEW
This project is exempt from review under the California Environmental Quality Act (CEQA) under section 15133 of the CEQA Guidelines (small habitat restoration).
In addition, the City and ABAG will obtain permits/permit coverage determinations from the United States Army Corps of Engineers and the United States Fish and Wildlife Service.
ATTACHMENTS
Attachment A: Park Improvement Ordinance for Horizontal Levee Pilot Project Improvements Attachment B: DRAFT Cooperative Agreement
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
Item 5
Item 5 Staff Report
Item 5: Staff Report
Pg.
6 Packet Pg. 55 of 341
*NOT YET APPROVED*
ORDINANCE NO. _____
Ordinance of The Council of The City of Palo Alto Approving a Plan for Improvements to the
Palo Alto Baylands as part of the
Horizontal Levee Pilot Project
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo Alto Municipal Code (PAMC) require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor.
(b) The Horizontal Levee Pilot Project (Project) is part of the Marsh Front Trail (Trail).
The Project site is located in the City’s Baylands, which is dedicated parkland (See PAMC §
22.08.020 et seq.) Based on the current habitat quality of the Project site, the location has been identified as in need of enhancements to better provide refugia for many species including the endangered Salt Marsh Harvest Mouse.
(c) The City of Palo Alto intends to authorize the construction of a horizontal levee pilot system that will enhance habitat, maintain public access, provide educational opportunities, provide regionally-beneficial information on nature-based sea level rise adaptation options, and beneficially reuse treated wastewater.
(d) The Plan of improvements shall comprise, as follows:
(1) The Project will construct a horizontal levee along Harbor Marsh and install along Embarcadero and Harbor Roads an underground treated wastewater pipeline for irrigation of the horizontal levee. The horizontal levee will be planted with various native plants to restore diverse transitional habitats including freshwater marsh, wet meadow, and riparian scrub. The Project will re-align a portion of the Trail as required to accommodate the horizontal levee and reconnect habitats. The Project will install educational signage and provide opportunities for public participation in community science activities such as photo-point monitoring of habitat restoration and water quality testing. (2) The Project will require temporary rerouting of a portion of the Marsh Front Trail and temporary traffic restrictions to a portion of Harbor Road to accommodate construction.
1 Item 5
Attachment A - Park
Improvement Ordinance
for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
7 Packet Pg. 56 of 341
*NOT YET APPROVED*
(e) The Project described above and as otherwise depicted in the attached exhibit is consistent with recreation and conservation purposes
(f) The Council desires to approve the Plans for the Project described above and as depicted in Exhibit "A".
SECTION 2. The Council hereby approves the Plan for construction of the Horizontal Levee Pilot Project as described in this Ordinance.
SECTION 3. City of Palo Alto is the Lead Agency for the Project under the California Environmental Quality Act (CEQA) and finds that the Project is categorically exempt under CEQA Section 15333, Class 33 for small habitat restoration projects.
SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
City Clerk
____________________________
Mayor
APPROVED AS TO FORM: APPROVED:
____________________________
Deputy City Attorney
____________________________
City Manager
____________________________
Director of Community Services
2 Item 5
Attachment A - Park
Improvement Ordinance
for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
8 Packet Pg. 57 of 341
EXHIBIT A
Palo Alto
Airport
Harbor
MarshPalo Alto
RWQCP
Byxbee
Park
Project Boundary
0 650 1,300
Feet
Palo Alto Horizontal Levee Pilot Project. D201801306
Figure 1
SOURCE: USGS 7.5' Topographic Quadrangle (Mountain View, CA); ESA 2022 Project Location
Item 5
Attachment A - Park
Improvement Ordinance
for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
9 Packet Pg. 58 of 341
EXHIBIT A
Palo Alto
Airport
Install pump in effluent
junction box and connect
to new effluent line
H a r b o r
M a r s h
Palo Alto
RWQCP
0 100 200
Byxbee ParkFeet
Project Boundary
Project Component
Horizontal Levee Area
Access
Effluent Line in
Roadway
Equipment Staging Area
Contractor Parking Area
Palo Alto Horizontal Levee Pilot Project. D201801306
Figure 2
SOURCE: ESRI 2021; ESA 2022
Project Components
Item 5
Attachment A - Park
Improvement Ordinance
for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
10 Packet Pg. 59 of 341
EXHIBIT A
Harbor Marsh
Palo Alto RWQCP
Legend
Project Boundary
Major Contour 2'
Minor Contour 0.5'
Existing Overhead Power Lines
Demo Abandoned W4 Line
Demo 18-Inch Storm Drain
Preserve 18-Inch Storm Drain
Existing Renzel Marsh Intake
Structure
k
Riparian Bufferkk
ùù ùRiparian Scrub (Transition)Remove Existing Trail
Preserve 18-Inch Renzel Marsh
Pipeline Seasonal Wet MeadowBrackish Marsh (Clear & Grub, No Grading)
Subsurface Treatment ZoneNew 18-Inch Culvert Freshwater Marsh Upland (Levee and Staging Area
Seeding)New 4-Inch Effluent Line
New Distribution Lateral
New Distribution Trench
Freshwater Swale
Relocated Marsh Front Trail
Perennial Wet Meadow, , , à
0 30 60
àà Feet
Palo Alto Horizontal Levee Pilot Project. D201801306
Figure 3
SOURCE: ESRI 2021; ESA 2022
Draft Horizontal Levee Plan
Item 5
Attachment A - Park
Improvement Ordinance
for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
11 Packet Pg. 60 of 341
EXHIBIT A
25 20
15 10
5 25
20 15
10 5
HARBOR ROAD HABITAT SLOPE ~68' TO 93'
30'12'
BERMSWALE TREATMENT AREA
8' 3' THICK
DISTRIBUTION
TRENCH
SEE FIGURE 5
HORIZONTAL LEVEE
DESIGN GRADE, TYPTRAIL
EL
12'EXISTING GRADE, TYP
APPROX. (E) EDGE
OF MARSH @ EL 8'3
1 2' THICK
151 EL 10'
30EL 13' 1 1 EL EL1 1
2 9' 8' MATCH GRADE
EL 7'±1 1 1
2 1 ~15 1
~10
COARSE MATERIAL (NOTE 4)
SAND FILTER (NOTE 3)
OVER EXCAVATE
& PLACE 1' LAYER
OF COARSEBERM KEYWAY
EFFLUENT LINE (N) FENCE, TYP 1' THICK SUBSURFACE NATIVE MATERIAL TREATMENT LAYER, TYP (NOTE 2)
0 0
0+00 0+50 1+00 1+50 2+00 2+26
STATION
TYPICAL SECTION - RIDGES/HIGH & WIDEA
- PROFILE C L : 1" 10 H
25 20
15 10
5 25
HARBOR ROAD HABITAT SLOPE ~68' TO 93'
30'12'SWALE TREATMENT AREABERM
8'
TRAIL
20 15
10 5
HORIZONTAL LEVEE
DESIGN GRADE, TYP
APPROX. (E) EDGE
OF MARSH @ EL 8'EL 11.5'
3 TOP OF BANK
(BEYOND)2' THICK
15 1 EL 13' EL
9.5'
EL 9'1 1
1 1 CONFORM TO
(E) TIDAL
CHANNEL
2 15 1EXISTING GRADE, TYP 1 201 1 1
FINE MATERIAL (NOTE 4) 15
BASE SWALE/
DEPRESSIONBERM KEYWAY SAND FILTER (NOTE 3)
(N) FENCE, TYP
1' THICK SUBSURFACE OVER EXCAVATE & PLACE 1'
EFFLUENT LINE
SEE MECHANICAL PLANS
TREATMENT LAYER, TYP (NOTE 2) LAYER OF FINE NATIVE MATERIAL0 0 -2
0+00
-2
2+110+50 1+00
STATION
1+50 2+00
TYPICAL SECTION - SWALES & DEPRESSIONSB
- PROFILE
NOTES
1. SEGREGATE FINE AND COARSE MATERIAL ENCOUNTERED DURING EXCAVATION OF SITE TO SUBGRADE. DURING FILL OPERATIONS, PLACE COARSE MATERIAL ON THE RIDGES AND FINE MATERIALS IN THE SWALES.
4. COARSE AND FINE MATERIAL INCLUDES A BLEND OF NATIVE MATERIAL WITH COMPOSTED WOOD FINES.
5. FUTURE FLOOD CONTROL LEVEE MAY OR MAY NOT BE CONSTRUCTED, BUT THIS LAYOUT PLANS FOR ITS POTENTIAL SPACE SHOULD IT BE CONSTRUCTED.2. SUBSURFACE TREATMENT LAYER COMPRISED OF A BLEND OF DRAIN ROCK AND COMPOSTED WOOD CHIPS. 6. ALL ELEVATIONS ARE ON NORTH AMERICAN VERTICAL DATUM 1988 (NAVD88).
3. SAND FILTER COMPRISED OF A BLEND OF SAND AND WOOD CHIPS.
Palo Alto Horizontal Levee Pilot Project . D201801306
Figure 4
Draft
Item 5
Attachment A - Park Improvement
Ordinance for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
12 Packet Pg. 61 of 341
EXHIBIT A
NEW TRAIL
~4.5' (VARIES) ~0.5' SOIL CAP
QUICK4 EQUALIZER 24 LOW
PROFILE INFILTRATOR, OR
APPROVED EQUAL
FILTER FABRIC 1.5'± SOIL WITH
COMPOSTED
WOOD FINES
DISTRIBUTION
LATERAL, TYP
DISTRIBUTION BOX 1.0' TREATMENT LAYER
0.5' SAND AND WOOD CHIPS
FILTER FABRICEFFLUENT SUPPLY LINE
DRAIN ROCK & COMPOSTED WOOD CHIPS
DISTRIBUTION CONNECTION AND TREATMENT ZONE MATERIAL 2 1 0 2 4 1"=2'
SECTION SCALE: 1" = 2' SCALE FEET
Palo Alto Horizontal Levee Pilot Project . D201801306
Figure 5
Draft
Item 5
Attachment A - Park
Improvement Ordinance
for Horizontal Levee Pilot
Project Improvements
Item 5: Staff Report
Pg.
13 Packet Pg. 62 of 341
COOPERATIVE AGREEMENT
BETWEEN
ASSOCIATION OF BAY AREA GOVERNMENTS
AND
THE CITY OF PALO ALTO
FOR
PALO ALTO HORIZONTAL LEVEE PILOT PROJECT CONSTRUCTION
This COOPERATIVE AGREEMENT (“Agreement”) entered into and effective as of , is between the Association of Bay Area Governments (“ABAG”) and the City of Palo Alto (“City”), individually referred to herein as “Party” and together as “Parties.”
RECITALS
A. WHEREAS, ABAG and the Metropolitan Transportation Commission (“MTC”) entered into a Contract for Services under which MTC provides administrative and program services to ABAG.
Effective July 1, 2017, the staffs of ABAG and MTC were consolidated. MTC staff now serve both the Association of Bay Area Governments and the Metropolitan Transportation Commission. As such, all interactions between ABAG and City contained within this Agreement, shall be conducted by MTC staff on behalf of ABAG; and
B. WHEREAS, ABAG serves as the host to the San Francisco Estuary Partnership, established in 1988 by the State of California and the U.S. Environmental Protection Agency under the Clean Water Act’s National Estuary Program when the San Francisco Estuary was designated as an estuary of national significance; and
C. WHEREAS, the Palo Alto Horizontal Levee Pilot Project (“PROJECT”), which is fully described in Appendix A, attached hereto and incorporated by reference, is a jointly sponsored project by the ABAG and City, to construct a 315 linear foot horizontal levee and irrigated ecotone, construct a 500 linear foot levee berm, install a new pump at the City of Palo Alto’s Regional Water Quality Control Plant (“RWQCP”), trench a buried pipeline (approximately 1,650 linear feet of effluent line) along Harbor Road and Embarcadero Road in Palo Alto, and vegetate the area with native species; and D. WHEREAS, ABAG has received funding via United States Environmental Protection Agency (EPA) Grant #W9-98T55001 (“Breaking Ground Grant”), Date of Award May 8, 2023, in the amount of eight million, six hundred fifty-eight thousand, nine hundred eighteen dollars ($8,658,918.00) and Grant #W9-98T20401 (“Nature Based Solutions (NBS) for Resilient Shorelines Grant”), Date of Award September 13, 2021, in the amount of three million, seven hundred eighty-two thousand, eight hundred eighteen dollars ($3,782,818.00) a portion of which will be used in the completion of this PROJECT, and Grant #98T45901 in the amount of nine hundred nine thousand eight hundred dollars ($909,800), a portion of which will be used in the completion of this project. All three grants allow for no-cost extensions possible up to approximately four years beyond the completion dates as contemplated by the Grants; and
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
14 Packet Pg. 63 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
2 E. WHEREAS, Parties’ respective funding contributions to the PROJECT (excluding City staff time) are as follows:
Project Phase ABAG
Contribution
Source(s) of
ABAG Funding
City
Contribution
Source(s) of City
Funding
Preliminary-
Design
(completed)
$620,673 (paid)
Integrated
Regional Water
Management
Program Grant
and State Coastal
Conservancy
Proposition 1
Grant
$275,000 (paid)
Wastewater
Treatment Plant
Fund and
Secondary
Treatment
Upgrades Projecta
Design &
Permitting (99%
complete)
$763,661 (paid)
EPA NBS for
Resilient
Shorelines Grant
and Bipartisan
Infrastructure Law
Funding from
EPA
$1,316,794.29
(paid)
Wastewater
Treatment Plant
Fund and
Secondary
Treatment
Upgrades Projecta
Construction $2,573,882
(pending)
EPA NBS for
Resilient
Shorelines Grant
and EPA Breaking
Ground Grant
$3,429,459
(pending)
Local Advanced
Water Purification
Facility Projecta
Post-construction
Monitoring &
Reporting
$0 Not Applicable $777,055
(pending)
Wastewater
Treatment Plant
Fund
Operation &
Maintenance $0 Not Applicable Unknown
Wastewater
Treatment Plant
Fund
aCity is leveraging funds spent on planned Capital Improvements that are occurring upstream of the PROJECT at the wastewater treatment plant; actual out-of-pocket expenses for this project are lower than reported in this table.
F. WHEREAS, for preliminary design and design phases, ABAG has contributed a total of $1,384,334 while the City has contributed a total of $1,591,794.29 (including the required $1,266,409 matching funds needed for the NBS for Resilient Shorelines Grant) towards the PROJECT; and G. WHEREAS, for construction and post-construction phases, ABAG will contribute a total of $2,573,882 towards the PROJECT, as further described in Appendix A; and H. WHEREAS, for construction and post-construction phases, the City will contribute a total of $4,206,514 (including the required $3,429,459 matching funds for the Breaking Ground Grant); and I. WHEREAS, on December 19, 2023, the City issued a Notice of Exemption that the PROJECT was exempt from review under the California Environmental Quality Act (“CEQA”) (Cal. Public Resources Code § 21000, et seq.) pursuant to CEQA Guideline Section 15333 because the PROJECT qualifies as a small habitat restoration project; and
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
15 Packet Pg. 64 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
3 J. WHEREAS, the City owns the property at 2375 Embarcadero Road, Palo Alto, CA, 94303 and APN:
008-05-005, (“City Property” or “Property”) where the PROJECT will be located; and K. WHEREAS, the PROJECT is consistent with (1) Federal Executive Order 14072 (April 27, 2022):
Strengthening the Nation’s Forests, Communities, and Local Economies; (2) California State guidance in the California Executive Order N-82-20 (October 7, 2020) on Nature-based Shorelines; and (3) regional guidance in the Bay Adapt Joint Platform and the San Francisco Estuary Partnership’s Estuary Blueprint; and
L. WHEREAS, ABAG entered into an agreement on June 1, 2023, with Save the Bay to assist in native plant propagation and installation to vegetate the freshwater and riparian habitat in the Palo Alto Baylands with funding provided by the NBS for Resilient Shorelines Grant; and, M. WHEREAS, the purpose of this Agreement is to outline the responsibilities of the Parties for the PROJECT delivery; and
NOW, THEREFORE, the Parties agree as follows:
SECTION I
ABAG OBLIGATIONS
1.1Subject to the City fulfilling its responsibilities under this Agreement, ABAG, on behalf of the San Francisco Estuary Partnership, will design and construct, or cause to be designed and constructed, the PROJECT, at the Property, as described in Appendix A, as it may be amended from time to time solely with the funds from the Breaking Ground Grant and NBS for Resilient Shorelines Grant (collectively referred to as “EPA Grants”) and in accordance with the requirements of the EPA Grants.
1.2ABAG will implement, or cause to be implemented, Avoidance and Minimization Measures (A&M Measures) and permit conditions during construction, including the qualified biological surveys. The A&M Measures will be finalized by the applicable regulatory agencies for the PROJECT as part of permit issuance. In addition to construction permit conditions and requirements, the A&M Measures will inform activities performed by the construction management and construction firm to ensure regulatory compliance and will be coordinated between ABAG and the City.
1.3ABAG will promptly notify City of the discovery of hazardous materials at the Property.
ABAG and the City will jointly evaluate the severity and extent of the hazardous materials contamination at the Property and decide on the appropriate course of action to remediate the contamination pursuant to federal and state laws and regulations. ABAG and the City will reassess the feasibility of the PROJECT and mutually agree on a course of action prior to the commencement of additional work. Should the Parties conclude the PROJECT is no longer feasible financially with the available EPA Grants’ funding, the Parties may, individually or collectively, terminate proceeding with the PROJECT. Should EPA Grants’ funding be cancelled or approval withdrawn as a result of such termination, the City shall be fully and solely responsible for all costs incurred for the PROJECT.
1.4 ABAG will be the recipient of the EPA Grants. ABAG shall disburse the EPA Grants’ funds as required or permitted by the agreements for the Breaking Ground Grant and NBS for Resilient Shorelines Grant. Notwithstanding the foregoing, ABAG is not obligated to disburse any funds to City Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
16 Packet Pg. 65 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
4 and is not obligated to disburse any other funds until such are authorized and disbursed by the EPA to ABAG.
1.5Upon the acceptance of the PROJECT as complete by the ABAG Executive Board, all rights and title to the PROJECT including, without limitation, all structures, plantings and documentation will become the property of the City, provided that ABAG retains the right to make, retain, use and distribute copies of all documents related to the PROJECT without limitation.
1.6 ABAG agrees to indemnify, defend, and hold harmless City and its elected and appointed officers, employees, and agents from and against any and all liability resulting from ABAG’s act(s) and/or omission(s) arising from and/or relating to this Agreement. Such liability includes, without limitation, the following: any funding disallowance; audits; demands; claims; actions; liabilities; damages; fines; fees, costs, and expenses, including attorney, auditor, and/or expert witness fees.
1.7ABAG will require any Contractors and sub-Contractors performing work on tasks related to this PROJECT to maintain for term of this Agreement insurance policies for the coverages and amounts specified in APPENDIX B – Insurance Requirements. ABAG will furnish a copy of all certificates of insurance to City in accordance with the Notice provisions contained herein.
SECTION II
CITY OBLIGATIONS
2.1 The City is, and at all times will continue to be, in full compliance with the terms and conditions of the EPA Grants that are applicable to it for the PROJECT. The City understands, agrees, and acknowledges that any requirements imposed upon ABAG under the EPA Grants that are applicable to the PROJECT are hereby passed-through and adopted by the City as the City’s obligations, excepting only ABAG's obligations as defined in this Agreement .
2.2The City shall not cause ABAG to be in violation of either or both EPA Grants, whether by act or omission.
2.3The City shall provide appropriate documentation to ABAG of the required Breaking Ground Grant funding match obligation in the amount of three million, four hundred twenty-nine thousand, four hundred fifty-nine dollars ($3,429,459).
2.4Should EPA Grants’ funding be cancelled or approval withdrawn before construction of the PROJECT is complete, the City shall be fully and solely responsible for remaining costs to complete the PROJECT.
2.5With respect to the design and construction of the PROJECT, the City will (a) attend PROJECT Kick-Off meeting, (b) meet with design team to verify the Property is suitable for the PROJECT, (c) provide to the design, construction and construction management teams the best available information regarding features within and under the Property including, without limitation, utility locations, (c) process and pay for, all permits and licenses needed for the construction of the Project, (d) participate in the review and approval of the design for the PROJECT at the 30%, 60%, 90% and 100% plan levels, and (e) assist with any public outreach efforts in connection with construction of Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
17 Packet Pg. 66 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
5 the PROJECT, including attendance and participation at public meetings and use of the City’s logo in connection with outreach efforts and PROJECT signage.
2.6The City will comply with the Monitoring and Adaptive Management Plan (“MAMP”) as approved on September 14, 2023, by the San Francisco Bay Restoration Regulatory Integration Team for the PROJECT. City is responsible for any and all costs associated with MAMP compliance.
2.7After completion of construction of the PROJECT and acceptance of the PROJECT as complete by the ABAG Executive Board, by way of execution of this Agreement, the City accepts all rights and title to the PROJECT including, without limitation, all structures, plantings and documentation will become the property of the City, subject to ABAG retaining the right to make, retain, use and distribute copies of all documents related to the PROJECT without limitation. Upon ABAG Executive Board’s acceptance of the PROJECT as complete, the City shall be fully and solely be responsible for all future costs associated with the PROJECT including, without limitation, PROJECT compliance with MAMP, post-construction A&M Measures, as well as operation and maintenance costs.
2.8The City shall provide ABAG, MTC, and Construction Manager, Project contractors / subcontractors and their employees, representatives, consultants, and other necessary Project participants with access to the Property and an area in the vicinity for construction staging, and storage of any equipment or site-specific materials during construction of the PROJECT. Prior to commencing construction activities, the Parties agree to execute a construction license agreement in a form to be furnished by City.
2.9Indemnification
2.9.1Notwithstanding any provision to the contrary, whether expressly or by implication, to the furthest extent permitted by California law, the City shall indemnify, defend, and hold harmless ABAG, MTC, and their elected and appointed officers, employees, and agents from and against any and all liability resulting from the City’s act(s) and/or omission(s) arising from and/or relating to this Agreement. Such liability includes, without limitation, the following: any grant or other funding disallowance; audits; demands; claims; actions; liabilities; damages; fines; fees, costs, and expenses, including fees and expenses for attorneys, auditors, and/or expert witnesses.
2.9.2The City’s defense, indemnification, and hold harmless obligations hereunder shall survive the PROJECT’s completion and termination of the Contract.
SECTION III
MUTUAL OBLIGATIONS OF THE PARTIES
3.1Subject to reimbursement of such costs as may be allowed the Parties under the EPA Grants, and except as otherwise provided in this Agreement, each Party shall be separately and solely responsible for their respective PROJECT costs including, without limitation, for employees, consultants, subconsultants, contractors, and officers.
3.2Each Party to this Agreement shall, at its own expense, perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. Each Party shall pay its own attorneys’ fees and other expenses in connection with the negotiation or execution of this Agreement.
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
18 Packet Pg. 67 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
6 3.3 Each Party will promptly notify the other party of any notices given or actions taken by the EPA or any authority having jurisdiction over the Property that relates to or impacts the PROJECT. To the extent practicable, the Parties agree to cooperate and work together in responding to and promptly addressing and resolving such notice or action.
3.4This Agreement shall serve to establish the Parties’ good faith effort to work together to bring the PROJECT to completion through any unforeseen obstacles, delays, cost overruns, or unpredicted circumstances that affect the scope, PROJECT budget, or timeline. ABAG and the City pledge to work separately and together cooperatively, as needed, to address issues as they arise to ensure the PROJECT is completed and that it is of benefit to the region.
3.5City understands and acknowledges that ABAG’s sole source of financial resources to fund the PROJECT is through the EPA Grants and that ABAG has no separate financial resources to contribute to the PROJECT costs. City further understands, acknowledges, and agrees that City is responsible for any PROJECT costs that exceed the available EPA Grants funding. ABAG will, therefore, coordinate and cooperate with City in advance on any PROJECT issues arising during the PROJECT’s construction that may increase the PROJECT price or time.
3.6City shall have the right to review and approve the PROJECT design. During the design and approval process, should it become apparent that the PROJECT is not feasible within the PROJECT budget, the Parties shall meet and confer regarding the redesign of the PROJECT in order to maintain the cost of the PROJECT within the PROJECT budget. Should the PROJECT design and construction cost estimate(s) exceed the Parties respective funding contributions as described in Recital E, ABAG will work in good faith with City to identify additional funds to cover all costs of the PROJECT, but the City, not ABAG, is responsible to fund any costs that exceed ABAG’s contribution. In no event, shall ABAG be obligated to complete design and construction of the PROJECT if the design and construction cost estimate(s) exceed the PROJECT’s EPA Grants’ funding. Should cost estimates exceed the EPA Grants’ funding, the Parties may, individually or collectively, terminate proceeding with the PROJECT.
3.7Should actual construction costs exceed the Parties’ respective funding contributions as described in Recital E, ABAG will work in good faith with City to identify additional funds to cover all costs of the PROJECT, but the City, not ABAG, is responsible to fund any costs that exceed ABAG’s contribution. City, in its sole discretion, shall have the right to modify the PROJECT based upon availability of additional funding.
3.7.1Any change in the approved design or in work by the construction contractor performed pursuant to this Agreement shall be made by a Change Order Request approved in advance by both Parties. A Change Order Request is a written instrument prepared and issued by ABAG’s representative, the construction contractor, the City, and/or the Engineer or construction manager requesting revisions or deviations to the approved PROJECT design. Neither ABAG, the City, nor any other entity, shall have the authority to order any changes in the approved design or to perform work inconsistent with the approved design without ABAG and the City’s prior written authorization.
3.8Both Parties agree to cooperate with one another to accomplish the purposes of this Agreement, and to confer in advance on policy matters and proposed changes in PROJECT scope, cost, and schedule as it relates to this Agreement.
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
19 Packet Pg. 68 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
7 SECTION IV
MISCELLANEOUS
4.1Each Party shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, now existing and as such may change from time-to-time. Any such laws, rules, regulations, ordinances, and directives required thereby to be included in this Agreement are incorporated herein by reference.
4.2This Agreement shall commence on the effective date and shall remain in effect until the PROJECT is accepted as complete by the ABAG Executive Board or if terminated as provided in this Agreement.
4.3Assignment. No rights of any Party under this Agreement may be assigned, transferred, hypothecated or otherwise alienated, whether voluntarily or by operation of law, and shall be null and void except with the express written prior consent of the Party against which such rights are enforceable.
4.4The validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California. Venue shall be the County of Santa Clara.
4.5No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties hereto. This Agreement shall be binding upon each Party, their legal representatives, and successors.
4.6Each Party agrees to respond in a timely manner to all reasonable requests from the other Party for any rights, material, and information as may be required by the requesting Party to successfully fulfil its obligations under this Agreement. Each Party further agrees to promptly provide documentation, reports, and information pursuant to such reasonable requests. Notwithstanding this commitment, the Parties may withhold material and information subject to any claims of privilege or limitations any Party may have as a result of agreements with other persons or entities.
4.7Any substantive material changes in the activities to be performed under this Agreement, or in the terms thereof, shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in schedule. All amendments shall be executed by each Party’s authorized representative.
4.8Each individual executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that this Agreement is binding upon the Party in accordance with its terms.
4.9Except as specifically provided herein, nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.
4.10No Party shall assign this Agreement, or any part thereof without the other Party’s prior written consent; any attempts to assign this Agreement without the other Party’s’ prior written consent shall be void and unenforceable.
4.11Any Party’s failure to exercise or delay in exercising any right or remedy under this Agreement shall not constitute a waiver of such right or remedy or any other right or remedy set forth herein. Any Party’s waiver of any right or remedy under this Agreement shall not be effective unless made Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
20 Packet Pg. 69 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
8 in a writing duly executed by an authorized officer of the Party, and such waiver shall be limited to the specific instance so written and shall not constitute a waiver of such right or remedy in the future or of any other right or remedy under this Agreement.
4.12Disputes
4.12.1In case of a dispute over the meaning or performance of this Agreement or a dispute during construction including, without limitation, contractor Change Order Requests, contractor defective work, failure of the Parties to agree on design revisions, construction schedule changes or delays, the Parties will first attempt to resolve such dispute at the PROJECT team level. If they cannot resolve the dispute themselves, the MTC Executive Director and City Manager of the City, or their designees, will attempt to negotiate a resolution. If the Parties do not reach a resolution, the Parties’ legal counsel will initiate mediation. The Parties agree to participate in mediation in good faith, mutually agree on a mediator, and will share equally in mediation fees and expenses.
4.12.2Neither the dispute nor the mediation process relieves Parties from full and timely performance of the Agreement’s scope in accordance with its terms. However, if any Party stops fulfilling its obligations, any other Party may seek equitable relief to ensure that the work continues.
4.12.3Except for equitable relief, no Party may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. The Parties maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
4.12.4This dispute resolution process shall be undertaken in good faith and exhausted prior to commencing an action or legal proceeding. However, compliance with this process does not waive any Party’s obligation to comply with, or right to assert as a defense, any applicable statute of limitations.
The Parties may agree in writing to toll any applicable statute of limitations for such period as may reasonably be necessary to complete the dispute resolution process.
4.13Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs, and attorneys’ fees.
4.14Termination.
4.14.1Upon termination of either EPA Grant, either Party may terminate this Agreement effective the same date as the termination of the EPA Grant, as the case may be, and by delivering notice to the other Party within thirty (30) days of the Grant termination.
4.14.2Either Party may terminate this Agreement upon ten (10) business days prior written notice to the other Party of a breach of this Agreement that allows the other Party to cure said breach prior to the effective date of the termination.
4.15Notices and Administrative Contacts. All notices or notifications under this PROJECT Agreement shall be in writing addressed to the persons set forth in this section:
4.16Project Manager. Heidi Nutters, [email protected], or other individual designated by the MTC Executive Director, will serve as the ABAG Project Manager. Samantha Engelage, [email protected] or other individual designated by the City Manager will serve as the City Project Manager.
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
21 Packet Pg. 70 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
9 4.17All notices, or other communication, to either party by the other shall be deemed given when made in writing and delivered, mailed, or emailed to such party at their respective addresses as follows:
To ABAG: Caitlin Sweeney
Association of Bay Area Governments
375 Beale Street, Suite 800
San Francisco, CA 94105
[email protected]
To City of Palo Alto: Karin North
Assistant Director of Public Works, City of Palo
Alto
2501 Embarcadero Way
Palo Alto, CA 94303
[email protected]
4.18This Agreement, including all attachments, constitutes the complete agreement between the Parties and supersedes any prior written or oral communications. The Parties represent that in entering into the Agreement they have not relied on any previous representations, inducements, or understandings of any kind or nature. This Agreement may be modified or amended only by written instrument signed by all of the Parties. In the event of a conflict between the terms and conditions of this Agreement and the attachments, the terms of this Agreement will prevail. This Agreement may be executed in multiple counterparts, each which will be deemed as an original, and electronic signatures shall have the same force and effect as original signatures.
4.19Should all or any portion of any provision of this Agreement be held unenforceable or invalid for any reason, the remaining portions or provision shall be unaffected.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto on the date first above written.
ASSOCIATION OF BAY AREA
GOVERNMENTS (ABAG)
CITY OF PALO ALTO (CITY)
By:
______________________________________
By:
_____________________________________
Andrew B. Fremier
Metropolitan Transportation Commission
Executive Director, Acting pursuant to the Contract
for Services dated May 30, 2017
Ed Shikada
City Manager
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
22 Packet Pg. 71 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
10 APPENDIX A
Project Description and Scope of Work
Project Description
Figure 1 Palo Alto Horizontal Levee Rendering
The Palo Alto Horizontal Levee Pilot (PAHLP) project is a novel initiative led by the City of Palo Alto and the San Francisco Estuary Partnership. The goals of the Project are to enhance the ecological function of the project site and improve resilience to sea level rise. The project objectives include:
•Improve habitat along the perimeter of Harbor Marsh for native species; •Restore rare and historic broad ecotone that supports a variety of transitional plant assemblages; •Determine design standards, permitting requirements, and extent of maintenance for incorporation into the future larger levee improvement project (i.e., SAFER Bay/Shoreline Study);
•Adapt to sea level rise by providing a transitional slope that will support freshwater plants, which in turn build organic soils, all of which is aimed at keeping pace with sea level rise; •Maintain public access to the existing trail system while providing opportunities for compatible low-impact recreation, increased social infrastructure, and educational opportunities on sea level rise and other topics;
•Ensure perspectives of marginalized communities are incorporated into social infrastructure and educational components; and.
•Provide polishing treatment to discharged treated wastewater.
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
23 Packet Pg. 72 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
11 The Project site is directly adjacent to the City’s Regional Water Quality Control Plant (“RWQCP”) and Byxbee Park. The Project location is also adjacent to the existing Harbor Marsh, an approximately 90- acre tidal saltmarsh that was established within the former Palo Alto Yacht Harbor. The Project site is bounded by Harbor Marsh to the east, Embarcadero Road to the north, the RWQCP and Harbor Road to the west, and the Byxbee Park parking lot entrance to the south. The project location includes a 500-linear- foot (LF) proposed levee berm, including 315 linear feet of treatment zone irrigated with treated wastewater to create a transitional freshwater wetland slope with upland/riparian transitional plantings in adjacent areas supported with limited irrigation. A 1,650-LF treated wastewater pipeline will be buried along Harbor Road and Embarcadero Road north and west of the proposed levee, connecting to a new supply pump at the City of Palo Alto Regional Water Quality Control Plant (RWQCP), located at 2501 Embarcadero Way, Palo Alto, California 94303. The horizontal levee itself would have a variety of freshwater marsh, wet meadow, and riparian/upland scrub ecotypes. As the freshwater inputs enter the marsh plain, a brackish marsh ecotone band is expected to form within the salt marsh immediately adjacent to the horizontal levee.
The horizontal levee would be divided into four primary areas: (1) an engineered levee berm to support the horizontal levee slope; (2) a treatment zone designed to support polishing of treated wastewater via subsurface seepage through a drainage layer while supporting native transitional habitats; (3) a downslope habitat zone designed to support a variety of ecotypes where polished wastewater would seep toward the adjacent Harbor Marsh as shallow surface/subsurface flow; and (4) transitional slopes north and south of the treatment zone where the project conforms to the existing bank line. The horizontal levee is designed to be a freshwater ecotone transition zone to the tidal marsh.
The City of Palo Alto is the permittee on all permits which have been issued:
•USACE Nationwide Permit 27 (SPN-2019-00445)
•NMFS Letter of Concurrence (with 'not likely to adversely affect' determination) (WCRO-2023- 00141)
•USFWS Signed/approved ESA Section 7(a)(2) Review Form (2022-0005149-S7) (take coverage under the Programmatic Biological and Conference Opinion (PBO) for the California Statewide Programmatic Restoration Effort)
•SWRCB Water Quality Certification for Small Habitat Restoration Projects (WDID# 2 CW451131)
•Restoration Management Permit (No. RMP 2023-0008-R3)
The City of Palo Alto expects issuance of the following permits in early 2024:
•BCDC Major Permit Amendment
•City of Palo Alto Street Work Permit and Parks Improvement Ordinance Finally, a Notice of Exemption is expected under the California Environmental Quality Act (“CEQA”) (Cal. Public Resources Code § 21000, et seq.) pursuant to CEQA Guideline Section 15333.
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
24 Packet Pg. 73 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
12 Table A: Outstanding Work to be Paid for by ABAG
Party Name Service Provided
Responsible
Entity
Budgeted
Amount
TBD
Construction Management Services
Contract ABAG $371,449
TBD Construction Services Contract ABAG $1,859,543.00
Save The Bay
Plant propagation, planting, community
outreach ABAG $162,890.00
TBD Contingency ABAG $180,000.00
TOTAL $2,573,882
Table B: Palo Alto Horizontal Levee Pilot – Design, Community Engagement, and Implementation Process
Task Status Funder
Phase 1 – Early Design Concepts and Stakeholder Engagement - 2017 - 2020 Feasibility Study Completed Oro Loma Sanitary
District
30% Design Completed EPA Climate Ready
Estuaries
Planning and Stakeholder Outreach
(carried over from Phase 1 and 2) Completed State Coastal Conservancy
Phase 2 – Design and Permitting - 2020 - 2023
Permitting studies, Geotechnical
Report Completed City of Palo Alto
60% Design, Construction Budget
and Permitting Memo Completed
BRRIT Consultations – including pre-
permitting consultation in June, 2022 Completed
Permit Applications Submitted – permit issuance
expected Fall 2023
State Coastal
Conservancy and EPA
Water Quality
Improvement Fund
Grant # #W9-98T55001
Permit Fees Completed City of Palo Alto
CEQA - Categorical Exemption Completed City of Palo Alto QAPP Scheduled for completion in
Winter 2023
100% Design, including final design
specifications, bid package and bid
period support
Scheduled for completion end of
2023
EPA Water Quality
Improvement Fund
Grant # #W9-98T55001
Phase 3 – Construction, Stewardship, Monitoring and Outreach – 2024 - 2026 Plant Propagation, Community
Outreach and Planting – Save The
Bay
Construction management and
monitoring
In progress
EPA Water Quality
Improvement Fund
(#W9-98T55001)
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
25 Packet Pg. 74 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
13 Construction In progress
EPA Water Quality
Improvement Fund
(#W9-98T20401)
Phase 4 – Monitoring & Reporting – 2023 - 2029
Community Science & Monitoring In progress
EPA Water Quality
Improvement Fund
(#W9-98T20401)
Salt Marsh Harvest Mouse Site
Utilization Studies In progress City of Palo Alto
Sediment Accretion Study In progress City of Palo Alto
Photo-point Monitoring In progress City of Palo Alto
Vegetation Surveys, Vegetation
Establishment, and Habitat Type
Evaluations
To be started after construction City of Palo Alto
Benthic Community Monitoring To be started after construction City of Palo Alto Wastewater Effluent and Volume
Monitoring In progress City of Palo Alto
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
26 Packet Pg. 75 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
14 APPENDIX B
Insurance Requirements for Work on City of Palo Alto Property ABAG, at their expense, shall for the term of the Agreement, obtain and maintain insurance in the amounts and for the coverage specified below, afforded by companies with AM Best’s key rating of A- :VII, or higher, licensed or authorized to transact insurance business in the State of California.
Agreement is contingent on compliance with City’s insurance requirements as specified herein:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000
$2,000,000
$2,000,000
$5,000,000
$5,000,000
$5,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. Contractual liability endorsement providing insurance coverage for ABAG’s agreement to indemnify the City.
II. SUBMISSION OF CERTIFICATES:
A. ABAG must submit certificate(s) of insurance evidencing required coverage to City of Palo Alto to: [email protected]
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
27 Packet Pg. 76 of 341
Cooperative Agreement – ABAG-City of Palo Alto
Palo Alto Horizontal Levee Pilot
15 III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. Primary Coverage: With respect to claims arising out of the operations of the named insured, insurance as afforded by this policy is primary and is not additional to, or contributing with, any other insurance carried by, or for the benefit of, the additional insureds.
B. Cross Liability: The naming of more than one person, firm, or corporation as insureds under the policy shall not, for that reason alone, extinguish any rights of the insured against another, but this endorsement, and the name of multiple insureds, shall not increase the total liability of the company under this policy.
C. Notice of Cancellation:
1. If the policy is canceled before its expiration date for any reason other than the non-payment of premium, ABAG shall provide City at least thirty (30) day written notice before the effective date of cancellation.
2. If the policy is cancelled before its expiration date for the non-payment of premium, ABAG shall provide City at least ten (10) days written notice before the effective date of cancellation.
Item 5
Attachment B - DRAFT
Cooperative Agreement
Item 5: Staff Report
Pg.
28 Packet Pg. 77 of 341
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: January 22, 2024
Report #:2312-2455
TITLE
QUASI-JUDICIAL. 949 Scott Street [22PLN-00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single-Story, Single-Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R-2. Environmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
RECOMMENDATION
Staff recommends that Council take the following action(s):
1. Find the proposed project exempt from the California Environmental Quality Act per Section 15303 (New Construction)
2. Adopt the attached Record of Land Use Action, thereby denying the appeal, upholding the Director’s approval and the Planning and Transportation Commission’s recommendation of approval of the Variance and finding the proposed project exempt from review under the California Environmental Quality Act.
BACKGROUND/DISCUSSION
The subject property owner requests approval of a Variance application to demolish an existing and build a new one-story single-family home with a basement on a substandard lot in the R-2 zoning district. The parcel is only 1,500 square feet in area with a developable potential of about 180 square feet when taking into consideration required setbacks. The existing residence is about 834 square feet and currently encroaches into the required front, side and rear yard setbacks.
The owner seeks to essentially replace the existing residence with a modest increase in parcel coverage and a new basement. In accordance with the municipal code, the resulting floor area for the new home is 673 square feet (not counting the 670 square foot basement). The proposed Variance application would allow building (including basement) encroachments into the required front, side and rear yard setback. Additionally, the Variance authorizes increases to lot coverage, parking, and below grade patio encroachments. The proposed setback encroachments are generally consistent with the existing residence’s footprint.
Item 6
Item 6 Staff Report
Item 6: Staff Report
Pg.
1 Packet Pg. 78 of 341
The Planning and Development Services director issued a tentative approval of the applicant’s request on October 26, 2023. In accordance with the municipal code, a request for hearing before the Planning and Transportation Commission (PTC) was received and the hearing scheduled for December 13, 2023. The PTC considered the request, including public testimony, and unanimously supported the director’s decision.
The municipal code requires that the PTC’s recommendation be forwarded to the City Council within 45 days. This item has been placed on the consent calendar and if accepted, the recommendation to approve the Variance application stands. However, if three or more City Councilmembers want to hold a public hearing to consider the application, action is needed to pull the item from the consent calendar. If pulled, staff would return at a future date for hearing on the application and expanded analysis.
Additional background information is provided in the PTC staff report and video discussion posted online.1
Variance applications are subject findings set forth in Section 18.76.030 of the zoning code. A Variance is intended to provide a way for a site with special physical constraints, resulting from natural or built features, to be used in ways similar to other sites in the same vicinity and zoning district; and provide a way to grant relief when strict application of the zoning regulations would subject development of a site to substantial hardships, constraints, or practical difficulties that do not normally arise on other sites in the same vicinity and zoning district. The parcel’s small size generally supports the need for the variance request and staff’s and the PTC’s supporting evidence is provided in the attached record of land use action (Attachment D).
Two neighbors have expressed concern with the proposal. The written comments have been provided as Attachment E to this staff report. One neighbor spoke at the public hearing, reiterating their shared concerns which were:
1. The number of variances requested by the application;
2. The aesthetic/visual design of the building;
3. Whether the structure will be used as a home or an extension of the neighbor’s house;
4. Impacts to existing street trees
5. Impacts to parking/quality of life during construction
6. Consistency with General Plan/SB 330
Briefly, in response, the number of requested variances reflects the development constraints imposed by the size of the subject property. Visual and aesthetic design concerns are understood, but the City does not require design review for single family homes. The use of the house is designed as a single family home; the City does not regulate who occupies the residence. One 1 December 13, 2023 PTC Staff Report: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/planning-and-transportation-commission/2023/ptc-12.13-949-scott.pdf and video:
https://midpenmedia.org/planning-and-transportation-commission-2-12132023/ Item 6
Item 6 Staff Report
Item 6: Staff Report
Pg.
2 Packet Pg. 79 of 341
existing street tree will be removed requiring a replacement with two trees; this request has been reviewed and is supported by the City’s Urban Forestry program. Construction impacts are part of development activity and staff acknowledges the disruption this will have on neighbors. The City imposes construction-related constraints in terms of noise and hours that are intended to mitigate this short term impact. With respect to SB 330, staff is not able to substantiate any violation with state law or the intent purposes of the comprehensive plan.
Accordingly, staff recommends the City Council uphold the director and PTC’s recommendation to approve the Variance application on consent.
FISCAL/RESOURCE IMPACT
This project is an application affecting a private property where all the costs associated with it will be borne out by the applicant. While an existing City street tree will be removed to accommodate the proposed driveway, the applicant will be responsible for planting one tree in the public right of way immediately adjacent to the site, and another within a half-mile of the property to increase the City’s tree canopy and achieve the No-Net-Loss Canopy replacement requirements noted in the City’s Tree Technical Manual.
POLICY IMPLICATIONS
To minimize the potential precedent set by any variance application, staff analyzed comparable properties within the city limits. For this particular project, staff utilized the City's GIS mapping software to identify suitable comparisons based on factors like size and existing use. Initially, staff found 60 parcels measuring 2,000 square feet or less, excluding condominium projects. Further investigation revealed that only 14 of these parcels currently house single-family dwellings.
Notably, among these 14 single-family homes, just three parcels – including the subject property – occupy an area of 1,500 square feet or less. Therefore, based on this analysis, staff believes the scope of potential precedent arising from this application is effectively limited to a maximum of three properties within the city. This approach allows the City to strike a balance between addressing individual needs and maintaining responsible urban planning principles that minimize unintended consequences.
STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on January 5, 2024, which is 10 days in advance of the meeting. Postcard mailing occurred on January 2, 2024, which is 13 days in advance of the meeting.
ENVIRONMENTAL REVIEW
The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City’s consultant, Page & Turnbull evaluated the existing building and found it ineligible for the California Register of Historic Resources Item 6
Item 6 Staff Report
Item 6: Staff Report
Pg.
3 Packet Pg. 80 of 341
(Attachment F). Specifically, the project is Exempt from the California Environmental Quality Act per Section 15303.
ATTACHMENTS
Attachment A – Location Map
Attachment B – Applicant’s Project Description
Attachment C – Zoning Comparison Table
Attachment D – Draft Record of Land Use Action
Attachment E – Appeal & Public Comments
Attachment F – Historic Evaluation
Attachment G – Project Plans
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 6
Item 6 Staff Report
Item 6: Staff Report
Pg.
4 Packet Pg. 81 of 341
50.0'
112.5'
112.5'
150.0'
112.5'
50.0'
5'
25'
56.0'
112.5'
56.5'
112.5'
100.0'
112.5'
100.0'
112.5'
100.0'
50.0'
100.0'
50.0'
100.0'
50.0'
100.0'
50.0'
50.0'
100.0'
50.0'
100.0'
50.0'
100.0'
50.0'
100.0'
50.0'
112.5'
50.0'
112.5'
50.0'
125.0'
50.0'
125.0' 50.0'
125.0'
50.0'
125.0'
70.0'
50.0'70.0'
50.0'
30.0'
50.0'
30.0'
50.0'
50.0'
112.5'
50.0'
112.5'
100.0'
112.5'
100.0'
112.5'
100.0'
52.5'
100.0'
52.5'
100.0'
60.0'
100.0'
60.0'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
58.6'
27.3'
16.5'
117.3'
75.0'
90.0'
50.0'
210.0'
110.0'
14.0'
30.0'
14.0'
70.0'
75.0'
22.7'16.5'
27.3'
58.6'
50.0'
150.0'
70.0'
150.0'
70.0'
200.0'
75.0'
200.0'
75.0'
110.0'
14.0'
30.0'
61.0'
140.0'
75.0'
50.0'
78.0'
50.0'
78.0'
50.0'
34.5'50.0'
34.5'
50.0'
90.0'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
50.0'
112.5'
.0'
112.5'
50.0'
112.5'
50.0'
75.0'
50.0'
75.0'
50.0'
75.0'
50.0'
75.0'
60.0'
150.0'
200.0'
200.0'
65.0'
100.0'
50.0'
100.0'
50.0'
100.0'
500
100.0'
50.0'
100.0'
50.0'
50.0'
1 105.0'
118.5'
50.0'
50.0'
150.0' 68.5'50.0'
150.0'
65.0'
150.0' 50.0'
150.0'
50.0'
150.0'
175.0'
281
943
327
942
928
930
931933
1010
376
370
358A
358
326
959
947
933
935
943
951
1 1005
350
915
352
354
940
930
920
912
362
370
900
1027
1017-1023
980960
990
342-352
301
319
960
935
949928
936
940-946
353
367
361
310
936
1035
1037
1001
SCOTT STREET
ADDISO
N AVENUE
REET
WAVERLEY STREET
Scott ParkScott Street
Mini Park
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.
Legend
Project Site
Current Features
0' 51'
Attachment A: Location map
CITY OF PALO ALTO
I
N
C
O R P O R A
T
E
D
CAL I FORN IA
P a l o A l t o
T h e C i t y o f
A
P
R
I L 1 6 1
8 9
4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto gsauls, 2023-11-21 14:58:15
Attachment A. Location Map (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Item 6
Attachment A - LOCATION
MAP
Item 6: Staff Report
Pg.
5 Packet Pg. 82 of 341
July 6
,
202
3 City of Palo Alto
Planning & Development Division
250 Hamilton Avenue
Palo Alto, CA 94301
Attn:
Amy French, Chief Planning Official
Jodie Gerhardt, Manager of Current Planning
Garret Sauls, Project Planner
Re:
Variance Findings for
949 Scott St
.
The letter is
to accompany our application for the
proposed project at
949 Scott St
.
to
build a new
single
-
family
residence on the property
to replace the existing residence
.
The purpose of this letter is
to address the findings and justifications
to request
a variance to
encroach into the front, side, and rear
yard setbacks
with both first floor and basement
.
Add
itionally, we are requesting a variance to provide
only one off
-
street covered parking space (where none currently exists), to exceed the maximum lot coverage, and the below grade patio allowance.
Introduction:
The lot is
zoned as R
-
2 within a mixed residential
R
-
2 district.
The property
is substandard in
size is 30
feet wide by 50 feet deep for a total of 1,500 sf.
The property appears to have been subdivided off the
rear of 353 Addison Ave
.
at some point in the past whe
n such
actions
where allowable.
The context is a
mixture of single
-
family homes of varying architectural style, size, and era of construction.
The existing development on the property is a one
-
story single
-
family home of
835
sf.
The existing
residence
encroaches within the setback distances on all sides. The e xisting
front
setback
of the home
is 10’
-
9 (6’
-
8” to the entry porch) where 20
feet
would be required. The existing side setbacks are 2’
-
10 on the right side and 3’
-
0” on the left side, where 6
f
eet
would be required. The existing rear setback is
3’
-
11”, where 20
feet
would be required.
The home was designated as potentially eligible for the CRHR, however upon the research by Page & Turnbull it was not determined to be historically significant.
For substandard lots in the R
-
2 districts, zoning section 18.10.150
provides allowance for replacing
lawfully created structures with new structures without complianc
e
with height and habitable floor
area
limitations, provided the new structure does not exceed 17 feet in height or create habitable area
above the first floor level.
This section provides an allowance for this proposed new home to replace the existing structure, however it would require a vari ance approval to keep the same location and
setbacks.
Item 6
Attachment B -
APPLICANT'S PROJECT
DESCRIPTION
Item 6: Staff Report
Pg.
6 Packet Pg. 83 of 341
Re:
949 Scott St. variance request
July 7
, 2022
Pg
.
2 of
5 We respectfully ask for granting of the variances for the success of this project, based on the
four
findings and conditions below.
Findings:
1. The granting of the application will not be detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience
The proposed single
-
family home will maintain the existing use on the property, consistent with the current
presence in the overall neighborhood.
The
placement of the
proposed new residence
wil
l have side setbacks with greater distances than the
existing setbacks
to property lines
,
increasing
separation
s
between neighboring structures.
The
above ground footpri
nt will be
reduced from the existing conditions, creating additional distance
and privacy
between
neighboring structures.
At the proposed 4
’
-
0 side and rear se
tbacks it
would
be equi
valent to
what is currently allowable for Accessory D
welling
Units on any si
ngle family lot in t
he city.
To comply with current building codes, the new structure will be equipped with an automatic fire sprinkler system per NFPA
-
13D standards. With respect to the construction assembly, the exterior walls and eaves on the left and rear sides will comply with r equirements when building
less than
5 feet
but at least
3 feet of the property line. For the right side it will comply with the additional requirements when building between 3 feet and 0 feet of the property line.
The replacement of the existing residen
ce will result in removal of a wood burning masonry
fireplace, which is
in line with the goals of the City of Palo Alto and the Bay Area Air Quality Management District. The new structure will also be more energy efficient and
will
rely on
electricity for
all appliances
instead of natural gas,
which is in line with the goals of the City’s
energy reach code.
The proposed design will be providing
one
off
-
street parking spaces,
where
it currently does not
provide
any
.
This is particularly notable for suc
h a narrow dead
-
end street with limited
vehicular clearances.
2. The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of Title 18 (Zoning)
The district is zoned R
-
2 to allow for one
-
and two
-
family development. Reconstructing the
property with a new single
-
family residence will maintain the objectives of the zoning.
The
residence will be one story above grade, as is consistent with substand ard lot limitations.
Noise
producing equipment will be situated in a location that complies with the minimum setbacks and decibel ratings.
T
he
proposed
size of home would be comparable to many of the ADU projects being encouraged and approved to be built throughout Palo Alto under current State guidelines.
Item 6
Attachment B -
APPLICANT'S PROJECT
DESCRIPTION
Item 6: Staff Report
Pg.
7 Packet Pg. 84 of 341
Re:
949 Scott St. variance request
July 7
, 2022
Pg
.
3 of
5 Additionally regarding the lot size,
this existing parcel
could be equivalent to a parcel that
would
be created today under the State SB
-
9 guidelines. So neither the lot size or home size are outside the normal range of current scale under the overall zoning intent.
3. Because of special circumstances, including (but not limited to) size, shape, t opography, location, or
surroundings, the strict application of the requirements and regulations prescribed in Title 18 substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subj
ect property. Special circumstances that are expressly excluded from consideration are:
A) The personal circumstances of the property owner
B) Any changes in the size or shape of the property made by the property owner or his
predecessors
in interest while the property was subject to the same zoning designation.
If standard setbacks are applied, the resulting buildable area would only be 18 feet wide by 10
foot deep rectangle of 180
sf
. This would not be feasible for any type of new reside ntial structure
to be built.
A typical one car garage of 10 foot by 20 foot interior would not even fit within
the
required setback distances.
As far as can be ascertained, there are no other properties in the neighborhood with such small property dimens
ions. From our study, there are no feasible home designs that would comply with all of the zoning without some kind of variance approval.
Item 6
Attachment B -
APPLICANT'S PROJECT
DESCRIPTION
Item 6: Staff Report
Pg.
8 Packet Pg. 85 of 341
Re:
949 Scott St. variance request
July 7
, 2022
Pg
.
4 of
5 Sketch 1:
the allowable building area on this property if standard minimum setbacks where applied.
4. The
granting of the application shall not affect substantial compliance with the regulations or constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject prop erty.
The zoning ordinance f
or
substandard
lots zoned R
-
2 provides
an allowance for
grandfathered uses,
allowing
replac
ement
lawfully created structures with new structures without compliance with height and floor
limitations.
18.10.150
Grandfathered U
ses
(f)
Existing Homes on Substandard Lots
In the R
-
2 district, single
-
family and two
-
family homes on substandard lots, as defined in
Section
18.10.040
(b), and flag lots existing on August 1, 1991 and which prior to that date were lawful, complying structures, may remain and be remodeled, improved, or replaced without complying with the height and habitabl
e floor limitations for substandard lots specified in
Section 18.10.040, provided that:
(1)
any such remodeling, improvement, or replacement does not result in a height above seventeen feet or any additional habitable floor area above a first habitable floor, except that
any structure damaged or destroyed by a natural disaster (such as fire, flood or earthquake) may be replaced to its previous size without regard to the height and habitable floor limitations imposed by this section; and
(
2)
in the case of a conflict between the provisions of this section and the provisions of Chapter 18.70, this section shall control.
With the combination of t
his zoning section
and the variance approval
, the proposed structure will
replace a lawful pre
-
existing
residence of equal size
, and will not exceed 17 feet in height or
contain a habitable floor above the first floor.
With respect to p
arking
:
i
t was suggested that
the property could
/should
be built without including
any off
-
street parking.
However that would
mean this residence is solely reliant on street parking, which is very limited in this area.
As a short narrow block, the street parking is typically full at most times of day. There is a nearby medical rehabilitation center which also regularly contribut es to the
competition for street parking.
So without
dedicated off
-
street parking access for this property, all
daily activities of loading and unloading personal items between the home and transportation will be a continual challenge.
With the limit
ed width of the lot, we won’t physically have enough width for a full two
-
car garage width, so an oversized one
-
car garage is all
that can
fit.
Since there will be no
options for driveway parking with the short front setback, the garage will be a critical amenity for this
residence.
Additionally, the extra garage width will allow for storage of other personal belongings that could typically be stored in yard space on a normal
-
sized property.
With such limited space around the
sides and rear, th
ere isn’t room for any items that could typically to be stored outside the residence, or be kept under a porch, or in a rear shed or elsewhere.
Item 6
Attachment B -
APPLICANT'S PROJECT
DESCRIPTION
Item 6: Staff Report
Pg.
9 Packet Pg. 86 of 341
Re:
949 Scott St. variance request
July 7
, 2022
Pg
.
5 of
5 With respect to the two existing
Street Trees:
With a narrower driveway, it could be possible to keep
both street trees, though it would be e
xtremely tight.
There is only 14 feet distance between the two
trees, so even with a 10 foot wide driveway it would still just barely clear the trunks.
We are currently
proposing to remove only one of the trees to facilitate the new driveway.
For the re
maining street tree
in front of this property, we
have
adjust
ed
the driveway dimensions
to create 6 feet of separation
between tree and the driveway.
For
the
replacement of the other tree, we
could
propose
moving
it to
th
e right side to
create more separation.
But there is a street light not far away on that side, and the neighbors driveway just beyond that, so it would not be a location with improved clearances for the tree to grow.
S
o
u
l
t
imately we are
propos
ing
to relocate
t
he
one
street trees to
the left
of the
remainin
g tree
, just in front of the neighboring property
, spaced equally t
o their current location in
front of 949
.
There is a wide open section of the sidewalk planter that is not planted, so a replacement street tree would have ample room to grow, not affect any utilities, and be clearly awa y from any
driveways.
Summary:
In weighing different design directions and options for this parcel,
we have arrived at our current
proposed development as submitted with this application. We feel this embodies the best use of the property, is the most compatible with the context of the surrounding neighborhood, and poses the least impacts to the overal
l
neighborhood
, environment, and public welfare
, and will be consistent
with the Title 18 zoning intentions.
We appreciate your time in the review and consideration of our application and are available to answer any questions or to provide additional info
rmation.
Sincerely,
Daniel S. Rhoads
, Architect
Y&B
Architects Inc.
Item 6
Attachment B -
APPLICANT'S PROJECT
DESCRIPTION
Item 6: Staff Report
Pg.
10 Packet Pg. 87 of 341
ATTACHMENT C
ZONING COMPARISON TABLE
949 Scott Street – 22PLN-00410
Table 1: COMPARISON WITH CHAPTER 18.10 (R-2 DISTRICT)
Regulation Required Existing Proposed
Minimum/Maximum Site
Area, Width and Depth
6,000-11,999 sf area,
60 ft width, 100 ft
depth
1,500 sf 1,500 sf
Minimum Front Yard (2) 20 ft 10 ft, 9.5 in 10 ft, 9.5 in Rear Yard 20 ft 3 ft, 11.5 in 4 ft
Interior Side Yard 6 ft 3 ft, 0.5 in; 2 ft, 8 in 4 ft
Street Side Yard 16 ft N/A N/A
Special Setback 24 feet – see Chapter
20.08 & zoning maps
N/A N/A
Max. Building Height 17 ft due to
substandard size
14 16 ft, 11 in
Side Yard Daylight Plane 10 feet at interior side
lot line then 45 degree
angle (3)
Complies Complies
Front and Rear Yard
Daylight Plane
16 feet at rear setback
line then 60 degree
angle (3)
Complies Complies
Max. Site Coverage 40% for single story,
35% for multi-story
with an additional 5%
for covered patio/
overhangs (600 sf)
57.3% (860 sf) 44.88% (673.3 sf)
Max. Total Floor Area
Ratio
45% for first 5,000 sf
lot size and 30% for lot
size in excess of 5,000
sf (675 sf) and
additional 200 sf for
one covered parking
space (4)
55.66% (834.8 sf) 44.88% (673.3 sf)
Max. House Size 6,000 sf 834.8 sf 673.3
Minimum site area
permitting two-family use
7,500 sf 1,500 sf 1,500 sf
Item 6
Attachment C - ZONING
COMPARISON TABLE
Item 6: Staff Report
Pg.
11 Packet Pg. 88 of 341
(1) Minimum Lot Size: Any lot less than the minimum lot size may be used in accordance with the provisions of Chapter 18.40. (2) R-2 Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum heights are increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum building height of 33 feet.
(3) R-2 Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is entitled to an increase in the maximum height, the heights for the daylight planes shall be adjusted by the same amount. (4) Exemption from Floor Area for Covered Parking Required for Two-Family Uses: In the R-2 and RMD districts, for two-family uses, floor area limits may be exceeded by a maximum of two hundred square feet, for purposes of providing one required covered parking space.
(5) Maximum House Size: The gross floor area of attached garages and attached accessory dwelling units and junior accessory dwelling units are included in the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one detached covered parking space shall be included in the calculation. This provision applies only to single-family residences, not to duplexes allowed in the R-2 and RMD districts.
Table 2: CONFORMANCE WITH SECTION 18.10.060 and CHAPTER 18.52 (Off-Street Parking) for Single Family Residential Uses
Type Required Existing Proposed
Vehicle Parking 2 parking spaces per
unit, of which one must
be covered
None One covered parking stall
in garage
Bicycle Parking None N/A N/A
Item 6
Attachment C - ZONING
COMPARISON TABLE
Item 6: Staff Report
Pg.
12 Packet Pg. 89 of 341
APPROVAL NO. 2024-____
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 949 SCOTT STREET:
VARIANCE (22PLN-00410)
On January 22, 2024, the Council held a duly noticed public hearing and, after considering all of the evidence presented, approved the Variance application to encroach into the front, side, and rear setbacks for the first floor and basement of a new single story, single-family home. The Variance application also requested to deviate from the below grade patio side and rear setback, and number of parking stall requirements required by the R-2 Zoning District regulations. In approving the application, the Council could make the following findings, determination and declarations:
SECTION 1. Background.
A. A Variance to allow encroachments into the front, side, and rear setbacks for the first floor and basement of a new single story, single-family home. A Variance to allow deviations from the below grade patio side and rear setback, and number of parking stall requirements in the R-2 Zoning District regulations. (“The Project”).
B. The project was reviewed by Staff and approved in a Director’s Decision on October 26, 2023.
C. The neighbor requested a PTC Hearing, pursuant to PAMC 18.77.060, on November 13, 2023.
D. On December 13, 2023, the Planning and Transportation Commission held a duly noticed public hearing, at which evidence was presented and all person were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council’s Policies and Procedures.
E. On January 22, 2024, the City Council held a duly noticed public hearing, at which evidence was presented and all person were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council’s Policies and Procedures.
SECTION 2. Environmental Review.
The proposed project has been determined to be Categorically Exempt per section 15303 (New Construction) of the California Environmental Quality Act Guidelines.
SECTION 3. Variance Findings.
1. Because of special circumstances applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, the strict application of the requirements and regulations prescribed in this title substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subject property. Special circumstances that are expressly excluded from consideration are:
(A) The personal circumstances of the property owner, and (B) Any changes in the size or shape of the subject property made by the property owner Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
13 Packet Pg. 90 of 341
or his predecessors in interest while the property was subject to the same zoning designation.
The City’s standard dimensions for a new R-2 lot are 60 feet wide by 100 feet deep while the property’s dimensions are 30 feet wide by 50 feet deep as shown in the image below. When applying the standard setbacks to the property it leaves an area of 180 square feet to develop a new single-family home where a 675 square foot home is permitted to be developed based on the City’s Floor Area Ratio (FAR) allowance of 45% of the first 5,000 square feet. The existing building is roughly 840 square feet and the applicant’s proposal will replace it with a home that is below the City’s allowed FAR – at 673 square feet. While the property at 362 Channing Avenue is similar in size, neither represent a predominant pattern in the neighborhood as most properties are wider and deeper than the subject property. Due to this uniqueness, strict application of the standard requirements would deprive the homeowner of their ability to build a home close to the size permitted by the City’s zoning code.
2. The granting of the application affects substantial compliance with the regulations or constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject property, and The current building exists at a roughly 2’-8” rear setback, 3’ to 3’-11” interior side setbacks, and 10’- 9” front setback. The proposed building will result in the rear and interior side setbacks being improved to a four foot setback, which is a consistent setback requirement for new ADUs and homes built through the Senate Bill 9 process, and the front yard setback will remain the same. The substantial changes made to the design of the building will be the inclusion of one on-site parking space, where there are currently none, and a basement underneath the footprint of the ground floor above it, which will not be visible to residents off-site. Per the Zoning Code, basements are not included in the floor area for the site and are not permitted in the setbacks for the property, outside of where the primary house can expand into. As noted in Finding 1, however, strict application of Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
14 Packet Pg. 91 of 341
those rules would only permit a 180 square foot basement under the first floor of the structure which may lead to design challenges and functional limitations to a building meeting those standards. Due to the unique size of this parcel and physical limits of where a house can be built, allowing a basement under the proposed building would not grant this property owner a special privilege that other owners in the vicinity do not already enjoy.
3. The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning), and
The proposed development is consistent with the purposes of the Zoning Ordinance in that it replaces an existing single-family home with another single-family home and seeks to improve on legal, non-conforming conditions to the site related to FAR, parking, and setbacks. In addition, the application is consistent with the following Comprehensive Plan policies:
Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
The proposed building will be compatible with its surroundings in that it is designed as a single- family home. The building will be designed as a single-story structure and the ground floor footprint will be reduced from the existing conditions on site, which will help to ensure the scale of the building is in keeping with the existing, surrounding buildings. Additionally, the new building is designed to meet the single-family daylight plane requirements in the R-2 zone district so there will be no added massing to the structure that will overly impact neighboring properties.
Policy L-3.5: Avoid negative impacts of basement construction for single-family homes on adjacent properties, public resources, and the natural environment.
The proposed basement will not impact adjacent properties as it will be contained within the boundaries of the property. The construction of the basement will not affect any adjacent trees on neighboring properties. The City has adopted a dewatering process for basement construction in the event the water table is high within this area to accommodate this construction.
Policy N-2.8: Require new commercial, multi-unit and single-family housing projects to provide street trees and related irrigation systems.
The proposed application will include two street trees: one as a replacement adjacent to the property in the right of way and another within a half mile from the property in the right of way. This will benefit public health by expanding tree canopy coverage within the public right of way where it does not currently exist.
4. The granting of the application will be detrimental or injurious to property or improvements in the vicinity, will not be detrimental to the public health, safety, general welfare, or convenience.
The proposed structure would not be detrimental or injurious to property or negatively impact the Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
15 Packet Pg. 92 of 341
public health, safety or general welfare of those in the nearby vicinity. All proposed construction would be located within the lot’s area. While one existing street tree will be removed to accommodate the proposed driveway, the City will be receiving two replacement trees: one adjacent to the property and another placed within a half mile from the property, both in the public right of way. This will benefit public health by expanding tree canopy coverage within the public right of way where it does not currently exist.
SECTION 4. Conditions of Approval.
PLANNING
1. CONFORMANCE WITH PLANS: Construction and development shall conform to the approved plans entitled, "Tong Residence,” stamped as received by the City on August 29, 2023 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval.
2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning and Building Departments.
3. BUILDING PERMIT PLAN SET: A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit.
4. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention.
5. LANDSCAPE MAINTENANCE. All landscape material shall be well maintained and replaced if the plant material dies or if the irrigation equipment fails. Planters shall not drain onto sidewalk, ground, or public right of ways.
6. PROJECT EXPIRATION. The project approval shall automatically expire after two years from the original date of approval if, within such two year period, the proposed use of the site or the construction of buildings has not commenced pursuant to and in accordance with the provisions of the permit or approval. Application for a one-year extension of this entitlement may be made prior to the expiration. (PAMC 18.77.090(a))
7. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
16 Packet Pg. 93 of 341
costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
8. FINAL INSPECTION: A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Garrett Sauls at [email protected] to schedule this inspection.
BUILDING
9. A building permit is required for the proposed structure.
URBAN FORESTRY
10. The proposed removal of street tree #1, a six-inch Crepe Myrtle, to accommodate a new designated driveway for at 949 Scott Street is approved. The replacement requirement is two new 36-inch box, drought tolerant trees. One tree will be planted near frontage of address in the public right of way and the other planted in the ROW within a half mile radius. The offsite replacement tree location is to be determined once work commences. The applicant must keep Urban Forestry updated on the time of proposed home demolition in order for a 14-day Public notice to be posted to the street tree prior to its removal. A no-fee TRE application will be applied to the building permit when submitted.
ZERO WASTE
11. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed.
Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction.
12. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail [email protected]. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit.
13. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction.
Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
17 Packet Pg. 94 of 341
FIRE
14. Install a NFPA 13-D fire sprinkler system with coverage throughout the house including closets and bathroom.
PUBLIC WORKS ENGINEERING
15. PUBLIC WORKS STANDARD CONDITIONS SHEET: The Department of Public Work’s full-sized "Standard Conditions" sheet shall be included in the improvement plans and the applicant shall comply with all conditions listed in the sheet. The sheet can be obtained at the following link under “Public Works Plan Review Documents”:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and- Permits
16. SIDEWALK, DRIVEWAY, CURB & GUTTER: The applicant shall meet with a Public Works inspector by calling 650-496-6929 to determine portions of sidewalk, curb, gutter, and driveway approaches that shall be replaced along the project frontage. These portions shall be indicated on the site improvement plans. In addition, a Site Inspection Directive sheet shall be completed, signed by the inspector, and scanned onto the plan set. The sheet can be obtained at the following link: https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/pwe-siteinspection-directive_rev- 2021.pdf
17. DRIVEWAY APPROACHES: The applicant shall comply with all regulations in PAMC Chapter
12.08 for driveway approaches. A summary of those regulations can be obtained at the following link:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=69580.09&BlobID=66035
18. STORM WATER POLLUTION PREVENTION SHEET: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet shall be included in the improvement plans. The sheet can be obtained at the following link under “Public Works Plan Review Documents”:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and- Permits
19. IMPERVIOUS SURFACE AREA WORKSHEET: The applicant shall fill out and include with the building permit submittal the Impervious Area Worksheet for Land Developments. The sheet can be obtained at the following link under “Public Works Plan Review Documents”:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and- Permits
20. GRADING & DRAINAGE PLAN: The plan set shall include a grading & drainage plan prepared by a licensed professional. See the Grading & Drainage Plan Guidelines for New Single Family Residences: https://www.cityofpaloalto.org/files/assets/public/public- works/engineeringservices/webpages/forms-and-permits/grading-drainage-residential- guidelines.pdf
Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
18 Packet Pg. 95 of 341
21. C.3 STORMWATER REGULATIONS: This project creates or replaces over 2,500 square feet of impervious surface area. The applicant shall implement one or more of the following site design measures on improvement plans:
a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas.
c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct driveways, and/or uncovered parking lots with permeable surfaces.
22. STREETWORK PERMIT: All improvement plans shall include the following note adjacent to proposed work in the public right-of-way. “Any construction within the public right-of-way requires an approved Street Work Permit from Public Works Engineering”.
23. DEMOLITION PLAN: The following note shall be placed adjacent to all affected trees on the Demolition Plan: “Excavation and trenching is restricted within the Tree Protection Zone (refer to T-1 Tree Protection Sheet) or as approved by the Urban Forestry Division at 650-496-5953.
Any changes shall be approved by the same”.
24. CONSTRUCTION STAGING: All improvement plans shall include the following note on the Site Plan and the Grading & Drainage Plan. “All construction materials and equipment shall be staged, stored, and stockpiled onsite and not on any public street”.
25. EXCAVATION & GRADING PERMIT: The site plan shall include an earthworks table showing the cut and fill volumes. If the total is more than 100 cubic yards, an Excavation and Grading Permit shall be obtained per PAMC Chapter 16.28 prior to building permit approval. The permit application and all required documents shall be submitted to Public Works Engineering. The application can be obtained at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and- Permits
26. CONSTRUCTION DEWATERING: This project may require dewatering during construction due to the groundwater level relative to the excavation. Refer to the following link and navigate to “Construction Dewatering Plan Design Guidelines” for more information:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and- Permits
27. BASEMENT DRAINAGE: A drainage system is required for all exterior basement-level spaces such as lightwells, patios, or stairwells. This system consists of a sump, a sump pump, a backflow preventer, and a closed pipe from the pump to a dissipation device onsite at least 10 feet from back of sidewalk and 3 feet from side and rear property lines, such as a bubbler box in a landscaped area. NOTE: Perforated pipe drainage systems at the exterior of the basement walls or under the slab are not allowed for sites on the bay side of Foothill Expressway.
Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
19 Packet Pg. 96 of 341
28. EXCAVATION SHORING: Shoring Plans prepared by a licensed professional engineer shall be submitted with the Grading and Excavation Permit. Shoring and tiebacks shall not extend onto adjacent private property or into the City right-of-way without having first obtained written permission from the private property owner(s) and/or an encroachment permit from the Department of Public Works.
a. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter
10.48, and the route map. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. Logistics Plan Preparation Guidelines can be found here:
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/logistics-plan-preparation-guidelines-2021.pdf SECTION 5. Variance Approved. This Record finds that the project was approved.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and
Community Environment
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
20 Packet Pg. 97 of 341
PLANS AND DRAWINGS REFERENCED:
1. Those plans prepared by Young and Borlik Architects titled “Tong Residence”, consisting of 17 pages, and received August 29, 2023.
Item 6
Attachment D - RECORD
OF LAND USE ACTION
Item 6: Staff Report
Pg.
21 Packet Pg. 98 of 341
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
22 Packet Pg. 99 of 341
Andrew Martin
940 Scott St
Palo Alto, CA 94301
Garrett Sauls
Department of Planning
City of Palo Alto
250 Hamilton Ave
Palo Alto, CA 94301
23 March, 2023
Dear City Planning Staff,
I am writing this letter to register concerns regarding the proposed redevelopment and variance for 949 Scott Street, File number 22PLN-00410.
The plans for 949 Scott contain many of the rudimentary building blocks for a house on paper but are designed in a way that seem inconsistent with the intended zoning use. I am concerned that, in practice, this design may be less of a single-family home and more of a garage extension. As such, this may be reducing, not maintaining density and be in violation of the General Housing Plan and SB330.
In our neighborhood most houses have "curb appeal" - that is, they have a front door or clear entry, they have windows or some visibility from the street, and they have a front yard and/or porch. If none of these are met, and if the primary living quarters, kitchen, living room, are all underground, is it still a viable family house? Is it consistent with the General plan? Would such a property be the future home of a new family? Or, is it possible such a development would become an extension to a nearby residence – a large, albeit very expensive, garage and bonus space? Senate Bill 330 expressly redefines "lower density" to include any action that has the effect of reducing housing density:
“Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
One could assert, and the City of Palo Alto has argued similarly in the past, that designing a house that serves, in effect, to form a multi-lot compound violates SB330 in word or certainly in spirit. As designed, 949 Scott may no longer be a realistic home for a future family but, de facto, an accessory unit for the 935 property and thus further reduce density in the neighborhood.
In 2008 there were three single-family homes adjacent on the odd side of Scott street numbered 935, 943, and 949. One buyer then purchased both 935 and 943, removed the existing houses, combined the two properties into a 10k sq ft lot, and built a 5,500 sq ft home. In 2019, a new Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
23 Packet Pg. 100 of 341
owner bought 935 Scott and the adjacent substandard lot of 949 Scott. The two homes sat unoccupied for four years until both properties were bought by the current applicants in 2022, where 935 is the primary residence and 949 is adjacent.
Palo Alto has many residents who own multiple properties - which is certainly legal. However, if the properties are developed in such a way that they form a compound where residents are not occupying the properties, where neighbors have fewer neighbors, this should be of concern for the Council. Could it be that in a 15 year span we will go from 3 family housing units to just 1 on this stretch of Scott St?
Furthermore, the proposed plans are not consistent with and will have a negative impact on the immediate neighborhood in other ways:
●
●
●
●
●
From the street, the proposed plans do not resemble a home, but rather a garage entry in San Francisco where the sidewalk blends into a door with little between.
If approved, this small property (less than 1498 sq ft) would be the only double-wide cutout on Scott - with almost the entire frontage of the lot as entrance to the garage.
Since the lot is so small, the front setback, as designed, does not leave space to park on what would be a driveway - you go from street to sidewalk to garage.
If approved, the double driveway would require the removal of two street trees - leaving that side of the block relatively barren.
If approved, the proposed two car garage would take 2-3 street parking spots. Parking is a challenge on the street during the day with the close proximity to Scott Park, the basketball hoop, and Palo Alto Sub-Acute visitors.
I would welcome a revised design that has more features resembling a home and less impact on the existing neighborhood, such as a front door or entry way, perhaps a one-lane parklet or single garage, loss of only one parking space, loss of only one street tree, all provided off-street parking is really essential for such a small lot. If we were to grant a variance on this house, let it be to have NO parking as on-site parking isn't really compatible with such a small lot.
The variance is an opportunity for the City to ensure the proposed plans are in the best interest of its residents and its larger plan. In the case of the currently proposed design for 949 Scott, I struggle to see how the 2-car garage concept is compatible and may be in violation of the General Plan and SB330 by effectively reducing density.
Over 10 years ago, our family moved to downtown Palo Alto because we wanted our children to grow up in a neighborhood with a sidewalk and with neighbors. We are thrilled to have the applicants move in across the street, to have another home serving treats on Halloween and another family joining the annual block party. I hold out hope that with 949 there is or will be space for one more family in the future.
Sincerely,
-Andy Martin
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
24 Packet Pg. 101 of 341
From:
To:
Andrew Martin
Sauls, Garrett
Subject:
Date:
949 Scott
Friday, May 19, 2023 6:20:09 AM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hi Garrett,
I recently found that there had been some updates with 949 Scott. I was able to view a rendering of the second version and view the plans.
I wanted to share my feedback with you and the planning department.
1. The rendering and plans are not in-sync. The curb cut is larger in the rendering than plans - it is hard for people evaluate if not matching. (Or, perhaps I could have seen an incorrect rendering).
2. The proposed plans do not seem very residential in nature. A few examples:
- there isn’t a distinct pedestrian walkway from the sidewalk to the door - there is no roof element covering the front entrance. The existing structure has a small porch as do must other homes.
- the wide driveway and excessive paving leave little space for any front yard. - the front door leads to the garage
Zoning is meant to control use of land. Is this consistent with the zoning?
3. In addition to these points, the strongest challenge to the proposal is, once again, the intended use of the this property if these plans are approved. - a design that requires one to enter the garage and walk through it (so long as there isn’t a car inside) and the go down to the basement seems suspect given the current home. - as the submitters of these plans are also the owners of the adjacent 10+M property, does it seem like these plans are an extension of their adjacent lot or a real attempt at building a better single family residence? How common is it for a neighbor to support a setback reduction when both properties lie on the shared setbacks?
While the city may not be able to reject a set of plans based on an interpretation of intended use, they can certainly exercise the right to refuse any variances.
The approval of variances for this design by the city effectively endorses a reduction in housing and is contrary to the intent, and perhaps actual word, of both city code and state law (SB330).
If the result of this project were a new home that would enhance our neighborhood and provide a place for someone to realistically move into I would be supportive of granting variances.
Unfortunately, I do not see that in these plans.
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
25 Packet Pg. 102 of 341
Sincerely,
Andrew Martin
940 Scott
650-380-3405
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
26 Packet Pg. 103 of 341
From: Andrew Martin
To: Sauls, Garrett
Subject:
Date:
Re: 949 Scott Street - 22PLN-00410
Thursday, November 2, 2023 5:24:03 PM
Attachments: image003.png
image007.png
image009.png
image034.png
image019.png
image028.png
image015.png
image001.png
image014.png
image029.png
image030.png
image027.png
image023.png
image035.png
image012.png
image025.png
image032.png
image018.png
image024.png
image017.png
image033.png
image036.png
image020.png
image022.png
Thank you for the information.
On Thu, Nov 2, 2023 at 1:18ꢀPM Sauls, Garrett < [email protected]> wrote:
Hi Andrew,
The City issued a decision letter for the application on October 25 but notice cards didn’t get sent out until October 26. As a result, the 14 day appeal period will continue through November 9. Should anyone wish to appeal the decision, they will need to fill out the attached form and send it to myself or those listed in the form, as well as pay the appeal fee prior to the end of business day on November 9 (5:00pm). If no appeal is received, then the decision will be final on November 10.
Let me know if you have any questions.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped From: Andrew Martin < [email protected]>
Sent: Thursday, November 2, 2023 12:54 PM
To: Sauls, Garrett <[email protected]>
Subject: Re: 949 Scott Street - 22PLN-00410
Hello Garrett,
Can you please provide me with an update of the approval timeline and variance process for the 949 Scott project along with relevant future dates / hearings / deadlines? Thank you.
-Andy
650-380-3405
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
27 Packet Pg. 104 of 341
On Thu, Mar 23, 2023 at 3:41ꢀPM Sauls, Garrett < [email protected]> wrote:
Sorry, Andrew. I think I read Scott in the title of the email and put that as the name instead.
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped From: Sauls, Garrett
Sent: Thursday, March 23, 2023 3:40 PM
To: 'Andrew Martin' < [email protected]>
Subject: RE: 949 Scott Street - 22PLN-00410
Thanks Scott. I read through the letter and will add it to the record as comments against what has been submitted so far.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped From: Andrew Martin < [email protected]>
Sent: Thursday, March 23, 2023 3:25 PM
To: Sauls, Garrett < [email protected]>
Subject: Re: 949 Scott Street - 22PLN-00410
Thanks Garrett,
I reached out a few months ago and gave some feedback. They said they might take it to their architect, but I think this wasn't the case. Attached is my feedback.
Thank you,
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
28 Packet Pg. 105 of 341
-Andy Martin
650-380-3405
On Thu, Mar 23, 2023 at 3:16ꢀPM Sauls, Garrett < [email protected]> wrote:
Hi Andrew,
I have not received any resubmittal from the applicant.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped From: Andrew Martin < [email protected]>
Sent: Thursday, March 23, 2023 3:16 PM
To: Sauls, Garrett < [email protected]>
Subject: Re: 949 Scott Street - 22PLN-00410
Hi Garrett,
Has there been any update on this proposal? If not, I have an official letter to send to register my issues. -Andy
On Fri, Jan 27, 2023 at 1:45ꢀPM Sauls, Garrett < [email protected]> wrote:
Hi Andrew,
Thanks for letting me know. If you have any questions, feel free to ask. At the moment, we provided comments to the applicant on January 13. I haven’t heard back from them about those comments so I imagine they are working with the homeowner on it.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
29 Packet Pg. 106 of 341
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped From: Andrew Martin < [email protected]>
Sent: Wednesday, January 25, 2023 12:51 PM
To: Sauls, Garrett < [email protected]>
Subject: Re: 949 Scott Street - 22PLN-00410
You don't often get email from [email protected]. Learn why this is important Hi Garrett.
Just FYI that I have reached out to the owners to talk about the project. I do have some concerns and will address them when we meet.
Please keep me posted on the status of this project and any scheduled public meetings or deadlines.
Thanks!
-Andy Martin
On Wed, Jan 4, 2023 at 8:39 AM Sauls, Garrett < [email protected]> wrote:
Hi Andrew,
Due to new copyright laws that took effect on January 1 we can’t provide unfiltered plan sets anymore unfortunately which is probably why you can’t access the drawings on BuildingEye. I have modified the drawings to include information that we can share and attached it to this email.
If you have any questions, please let me know.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped From: Andrew Martin < [email protected]>
Sent: Tuesday, January 3, 2023 1:25 PM
To: Sauls, Garrett < [email protected]>
Subject: Fwd: 949 Scott Street - 22PLN-00410
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
30 Packet Pg. 107 of 341
You don't often get email from [email protected]. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hello Garrett,
I tried to view the application on the BuildingEye site but there was only reference to an electrical panel upgrade a few years ago.
Can you please send me all the plans/information regarding the proposed development for 949 Scott St. I live across the street.
Thank you,
-Andy Martin
650-380-3405
Item 6
Attachment E - APPEAL &
PUBLIC COMMENTS
Item 6: Staff Report
Pg.
31 Packet Pg. 108 of 341
DPR 523A (9/2013) *Required information
State of California ⎯ The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________
P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Santa Clara *b. USGS 7.5’ Quad Palo Alto, CA Date 2023
*c. Address 949 Scott Street City Palo Alto Zip 94301 d. UTM: (Give more than one for large and/or linear resources) Zone mE/ mN *e. Other Locational Data: Assessor’s Parcel Number 120-17-074
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) 949 Scott Street is located on a 30’ x 50’ lot on the northeast side of Scott Street, between Addison and Channing avenues. Built in 1922, 949 Scott Street is a one-story residence designed in a simple Craftsman style. The rectangular-plan house, clad in stucco, sits on a concrete foundation, and is capped by an asphalt shingle hipped roof. The primary façade faces southwest. Fenestration consists of multi-lite wood windows with wood sills. The primary facade terminates in a hipped roof with a slight overhang. The house is set back in a small yard with a stone walkway enclosed by a wood picket fence.
The house appears to be in good condition.
Southwest (Primary) Façade
The southwest (primary) façade fronts Scott Street. The façade is symmetrical, containing a pair of fixed 12- lite wood windows on either side of the primary entrance (Figure 2 and Figure 3). At the center of the façade is a glazed 12- lite wood door behind a wood storm door, under an extended roof overhang, supported by two paneled square wood columns and accessible by concrete steps. Above the front door within the roof line is a three-pane wood dormer window capped by a hipped roof.
(Continued on page 2)
*P3b. Resource Attributes: HP2: Single Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other
P5b. Photo: (view and date)
Southwest (Primary) Façade
*P6. Date Constructed/Age and
Sources: Historic
Prehistoric
Both
January 1922. Permit Card
*P7. Owner and Address:
Simon and Shamim Tong
949 Scott Street
Palo Alto, CA 94301
*P8. Recorded by:
Page & Turnbull, Inc.
170 Maiden Lane, 5th Floor
San Francisco, CA 94108
*P9. Date Recorded:
March 13, 2023
*P10. Survey Type: Intensive
*P11. Report Citation: None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
P5a. Photo
Item 6
Attachment F - PAGE &
TURNBULL HISTORIC
EVALUATION
Item 6: Staff Report
Pg.
32 Packet Pg. 109 of 341
State of California ⎯ The Resources Agency Primary # __________________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _____________________________________________________ CONTINUATION SHEET Trinomial __________________________________________________