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ACTION NO. 2024-
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 2501 EMBARCADERO WAY: SITE AND DESIGN REVIEW AND DESIGN ENHANCEMENT EXCEPTION (22PLN-00367)
On __________2024, the City Council of the City of Palo Alto approved a Site and Design Review and Design Enhancement Exception (DEE) Application to Allow the Construction of a Local Advanced Water Purification System at the Regional Water Quality Control Plant (RWQCP). The Proposed Project Includes the Construction and Operation of a Membrane Filtration Recycled Water Facility and a Permeate Storage Tank at the City’s RWQCP to Improve Recycled Water Quality and Increase its Use. The DEE Would Allow for a Taller Wall Within a Required Setback to Provide Screening and Reduce Noise. In approving the application, Council makes the following findings, determinations, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. The City of Palo Alto Water Quality Division requests approval of a development project that includes Site and Design Review and a Design Enhancement Exception to allow the Construction of a Local Advanced Water Purification System (AWPS) at the Regional Water Quality Control Plant (RWQCP). (“The Project”).
B. The project site area currently includes an approximately 10,000 sf area located across two parcels (APNs 008-05-005 and 008-06-001). The project is located within the boundaries of the Regional Water Quality Control Plant. The site is designated on the Comprehensive Plan land use map as Major Institution Special Facilities and is located within the Public Facility (PF) zone district, and Site and Design (D) Combining District.
C. The Planning and Transportation Commission (Commission) reviewed and recommended approval of the Project on _________, 2024. The Commission’s recommendations are contained in Staff Report ID#______ and the attachments to it.
The Architectural Review Board (ARB) reviewed and recommended approval of the Project on____________, 2024. The ARB’s recommendations are contained in Staff Report ID#____ and the attachments to it.
D. On __________, 2024, the City Council held a duly noticed public hearing, at which evidence was presented and all persons 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 City, as the lead agency for the Project, has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act. Council Previously Adopted an Addendum to the 2015 Environmental Impact Report for the City of Palo Alto Recycled Water Project Which Evaluated the Environmental 4 2
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Impacts of the Proposed Project. It was determined that the current project (22PLN-00367) does not present the circumstances pursuant to CEQA Guidelines 15162 to warrant the completion of a subsequent Mitigated Negative Declaration or an Environmental Impact Report, and therefore, an Addendum to the previously adopted EIR suffices. Pursuant to CEQA Guidelines 15164 the addendum need not be circulated. However, the addendum shall be considered with the adopted EIR. The City Council considered the Addendum to the EIR at a public hearing on November 18, 2019. The Mitigation and Monitoring Report is attached as Exhibit 1 into the Record of Land Use.
SECTION 3. Site and Design Review objectives.
The design and architecture of the proposed improvements, as conditioned, comply with the Site and Design Objectives as required in Chapter 18.30.060(G) of the PAMC.
A. Objective (a): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites.
The proposed project is located within the boundaries of the existing Regional Water Quality Control Plant and includes the necessary equipment and facilities to treat recycled water. The facilities are designed in a manner that is orderly, harmonious and compatible with the existing RWQCP and surrounding uses. The project would not conflict with the City’s airport operations across Embarcadero Road and is consistent with the Airport Land Use Plan. The colors and design of the facilities are consistent with the Baylands Design Guidelines, such as using muted colors. The new screening/sound wall protects surrounding uses for visual and noise impacts from the proposed facilities. The proposed vegetation planting will provide additional long-term visual screening. Light is directed downward, primarily below the canopy, and is expected to be no greater than street lighting. Therefore, the project is consistent with this objective.
B. Objective (b): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations in the same or adjacent areas.
The project is a public facility, consistent with the land use designation and zoning, and provides treatment of recycled water to the city and surrounding communities. The project would not affect existing or potential future uses within the surrounding area including the plant operations, the adjacent airport, nearby office uses, and/or recreational use of the Baylands. The project is within the boundaries of the existing RWQCP. A component of the project includes repaving and re-landscaping the walking path leading out to the Baylands along Embarcadero Road.
C. Objective (c): To ensure that sound principles of environmental design and ecological balance shall be observed.
The project is consistent with the Baylands design guidelines in that it utilizes muted colors and the equipment/facilities are consistent with the height of the existing RWCQP buildings and equipment.
Lighting is designed and conditioned to not shine onto the adjacent properties. The project will implement green building measures as required by the Palo Alto Municipal Code and, in itself, allows for the increased reuse of recycled water within the City of Palo Alto and surrounding communities.
D. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan.
The project is consistent with the following Comprehensive Plan land use designation, goals, and 4 2
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policies:
Land Use Designation: Major Institution/Special
Facility
This land use designation includes governmental
and community service uses and lands that are
publicly owned such as the subject property. The
proposed advanced water purification system
within the area of the RWQCP boundaries is
consistent with the Comprehensive Plan Land
Use.
Natural Element
Policy N-4.17: Improve source control, treatment,
and distribution of recycled water, including
reducing the salinity of recycled water, to
maximize its use.
This project is specifically intended to implement
this policy in order to reduce the salinity of
recycled water in order to maximize its use.
Policy N-2.2: Use the UFMP, as periodically
amended, to guide City decisions related to all
elements of Palo Alto’s urban forest, from its
understory habitat to canopy cover.
Policy N-2.3: Enhance the ecological resilience of
the urban forest by increasing and diversifying
native species in the public right-of-way,
protecting the health of soils and understory
vegetation, encouraging property owners to do
the same and discouraging the planting of
invasive species.
Program N2.7.3: Actively pursue funding for tree
planting to increase canopy cover significantly
across the city, avoid a net loss of canopy at the
neighborhood level and attain canopy size targets
in parks, open space, parking lots and City rights-
of-way.
The project includes removal of 35 trees that are
primarily non-native, invasive species, and their
replacement with 36 trees that are native as well
as the addition of understory vegetation for
landscape screening along the public ROW.
Policy N-4.1: Maintain a safe, clean and reliable
long-term supply of water for Palo Alto
The project improves the reuse of recycled water,
improving the City’s long-term supply of water for
Palo Alto.
Policy N-4.4: Manage water supply and water
quality to reflect not only human use but also the
water needed to sustain plant and animal life.
The project improves the ability to use recycled
water to sustain plant life by reducing the salinity
so that the water is more suitable for commercial
and public facility use, consistent with this policy.
Policy N-6.12: Ensure compliance with the airport
related land use compatibility standards for
community noise environments, shown in Table
N-1, by prohibiting incompatible land use
development within the 60 dBA CNEL noise
contours of the Palo Alto airport.
The project is a compatible land use with the
airport.
Policy N-7.5: Encourage energy efficient lighting
that protects dark skies and promotes energy
The lighting for this project is shielded and
directed downward, providing the minimum
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conservation by minimizing light and glare from
development while ensuring public health and
safety.
required lighting necessary for operation of this
facility. The project does not include windows
that would create glare.
Land Use Element
Policy L-1.2: Limit future urban development to
currently developed lands within the urban
service area. The boundary of the urban service
area is otherwise known as the urban growth
boundary. Retain undeveloped land west of
Foothill Expressway and Junipero Serra as open
space, with allowances made for very low-
intensity development consistent with the open
space character of the area. Retain undeveloped
land northeast of Highway 101 as open space.
The project includes development within the
boundaries of the existing RWQCP consistent
with this policy.
Policy L-1.3: Infill development in the urban
service area should be compatible with its
surroundings and the overall scale and character
of the city to ensure a compact, efficient
development pattern.
The project is compatible with its surroundings in
that it’s similar in height to other
buildings/equipment within the RWQCP and
meets the applicable height restrictions within
the Airport influence area.
Policy L-1.6: Encourage land uses that address the
needs of the community and manage change and
development to benefit the community
The need for improved recycled water has been
previously identified by Council and in the City’s
Comprehensive Plan. The project addresses the
need to improve recycled water quality to allow
for increased reuse, benefiting the community.
Policy L-6.2: Use the Zoning Ordinance, design
review process, design guidelines and
Coordinated Area Plans to ensure high quality
residential and commercial design and
architectural compatibility.
The project utilizes the design review process to
ensure high quality design and architectural
compatibility.
Policy L-10.2: Regulate land uses in the Airport
Influence Area to ensure consistency with the
Palo Alto Airport Comprehensive Land Use Plan
and the Baylands Master Plan.
The project complies with the Airport
Comprehensive Land Use Plan and the Baylands
design guidelines and Master Plan.
SECTION 4. Architectural Review Findings.
1. The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides.
This finding can be made in the affirmative because the project is consistent with applicable Comprehensive Plan goals and policies as summarized above in Section 3, Site and Design Findings.
The requested DEE is allowed in accordance with Chapter 18.76.050 of the municipal code and the relevant findings can be made in the affirmative. The project is consistent with the Baylands Design Guidelines, as applicable to the proposed project, in that the project uses muted colors and the height of the new AWPS facility is consistent with the surrounding buildings at the RWQCP and would not be visible from the Baylands or otherwise create new obstructions to views of the Baylands. 4 2
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2. The project has a unified and coherent design, that:
a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community,
b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations,
e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas.
The project is located within the boundaries of the RWQCP which is not accessible to visitors/the general community, as is appropriate for the proposed type facility. The project is designed in a manner that allows for maximum efficiency and future planned needs of the RWQCP. Although the project includes the removal of a number of trees, including protected trees, these trees are primarily non- native, invasive species. Replacement landscaping perimeter planting is proposed to provide long-term screening of the AWPS and existing RWQCP. The project complies with the contextual design criteria set forth in PAMC 18.24, which applies to most zone districts, including the Public Facility Zone District, as detailed below. The project is consistent with the mass and scale of the RWQCP facilities, which generally has 2 and 3-story equivalent buildings and equipment. There are no residential areas on or near the facility.
The project is consistent with the following context-based design criteria:
To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure.
The project is a public facility located wholly within the boundaries of the existing RWQCP. Due to the nature of this facility as critical infrastructure, protective fencing is required along the boundaries of the facility. However, the project screening wall, which protects the facility, provides screening from equipment, and serves as a sound wall for the project, is designed to provide an attractive and safe public realm along the adjacent sidewalk, creating a desirable place to walk.
Landscaping is also provided along the public ROW to provide screening and shade, enabling comfortable pedestrian passage. Therefore the project is consistent with this design criteria.
To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site's surrounding context.
The project is located within the existing RWQCP in a location that does not affect the current circulation within the plant. The system would be maintained by existing plant personnel; no additional parking is proposed for this self-operating system. The project maintains and improves the existing walking path along Embarcadero Road, and does not include any changes to the existing bicycle path or roadway. Therefore, the project is consistent with this design criteria. The project meets the required setbacks or seeks relief from the setbacks to comply with easement
1. Public Realm/Sidewalk Character (18.24.020)
2. Site Access (18.24.030)
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requirements and to be consistent with the surrounding properties. Relief is sought for the “build- to-line” setback along Embarcadero Road and given the opportunities and constraints of the site, adherence to the requirement does not create a better project layout. Additionally, the project includes varied materials such as metal, stucco, glass with contrasting colors providing visual interest. The two-story building is horizontally oriented consistent with the Baylands design guidelines.
To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public's experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space.
The project includes setbacks from Embarcadero Road to allow a buffer between the roadway and pedestrian path, landscape screening between the pedestrian path and the screening wall, and further setbacks to the buildings. These setbacks and the provided screening create a separation between the public realm and RWQCP facilities as is appropriate for this type of use and consistent with this requirement.
To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features.
The project includes equipment for the purification of recycled water and is not intended to have a human-scale to the design that is inviting/interfacing with the public realm. However, the project meets this requirement by providing appropriate setbacks and screening from the public realm and providing high quality materials for the sound wall that will be visible from the pedestrian perspective.
To create cohesive and well-crafted building façades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area.
The proposed equipment is set back from the public ROW and is screened from view, as is appropriate for equipment versus a traditional building façade. The proposed colors of the canopy cover on the equipment and the reverse osmosis tank, which would be visible from public ROW, are compatible with the Baylands Design Guidelines and enhance the surrounding area. The screening wall will be the primary feature viewed by the public. The wall has been designed to provide variation through stepbacks as well as through color. Therefore, the project is consistent with this criterion.
Private entries into ground floor residential units shall be designed to provide (1) human-scaled detailing; (2) enhanced pedestrian experience; (3) transition between public and private space; (4) spaces for residents to gather and spend time outdoors; (5) resident privacy
4. Building Massing (18.24.050)
3. Building Orientation and Setbacks (18.24.040)
5. Façade Design (18.24.060)
6. Residential Entries (18.24.070)
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The project does not include a residential use; therefore this design criteria does not apply.
To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto.
The project maintains or otherwise improves the public ROW. The project is located within the RWQCP boundaries which is not accessible to the public and does not include open space or common facilities. Therefore, this criteria does not apply to the project.
To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.
The proposed materials for the buildings are pre-fabricated and include primarily non-reflective metal or steel, as is appropriate for a tank and equipment cover. Therefore, the project is consistent with this design criteria.
To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials.
The project provides increased opportunities for use of recycled water and therefore is inherently a project to increase sustainability initiatives set forth by the City. The project also provides low water use, native plantings for landscape screening areas, replacing primarily non-native, invasive species.
3. The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area.
The project includes muted colors that complement the surroundings and are appropriate to the proposed equipment/use. The project proposes a high-quality screening/sound wall that provides variation in colors and depth as well as quality, native, landscaping that maintain the high-quality experience along Embarcadero Road for all modes of transportation.
4. The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.).
The project is designed to maintain the same private access to the plant and maintains the existing pedestrian path connecting embarcadero Road out to the baylands. The AWPS would be operated by existing employees at the plant and no additional parking is proposed.
7. Open Space (18.24.080)
8. Materials (18.24.090)
9. Sustainability and Green Building Design (18.24.100) 4 2
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5. The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained.
Landscaping is provided along the perimeter of the site. The landscape palette uses drought tolerant, native species.
6. The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning.
The project itself is designed to improve the reuse of recycled water within the City of Palo Alto and neighboring jurisdictions, primarily Mountain View, and creates opportunities for future phase expansion to maximize recycled water use. The project provides lighting only to the degree necessary to provide for safe operation of the facility. Landscaping includes low-water use, native landscaping that is consistent with the Baylands.
SECTION 5. Design Enhancement Exception Findings
1.There are exceptional or extraordinary circumstances or conditions applicable to the property or site improvements involved that do not apply generally to property in the same zone.
The applicant requests a Design Enhancement Exception to allow for a screening wall that varies from
9.5 to 10 feet tall, where an 8-foot fence/wall is allowed in accordance with 16.24.030 (security fences).
The RWQCP is a public facility serving the region in a unique environment that provides important habitat and recreational opportunities. In this sense, the RWQCP is a unique land use that is inherently different from its neighbors and is of more critical importance for the services it provides. The proposed sound/screening wall will protect the quality of surrounding uses will allowing for the site to continue to serve the needs of the region.
2.The granting of the application will enhance the appearance of the site or structure, or improve the neighborhood character of the project and preserve an existing or proposed architectural style, in a manner which would not otherwise be accomplished through strict application of the minimum requirements of this title (Zoning) and the architectural review findings set forth in Section 18.76.020(d); and
The proposed wall will preserve the appearance of the public area adjacent to the entrance to the Baylands by screening this public infrastructure equipment and ensuring that sound levels remain below the code requirement consistent with the findings set forth in Section 18.76.020(d).
3.The exception is related to a minor architectural feature or site improvement that 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 granting of the Design Enhancement Exception is a minor increase of a perimeter wall and would not negatively affect public health, safety, general welfare, or convenience or be detrimental to the property or improvements in the vicinity. The proposed DEE would improve the aesthetics at this entrance to the Baylands by providing screening (in conjunction with landscaping) as well as 4 2
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preserving the quiet for recreational users and surrounding uses.
SECTION 6. Conditions of approval
PLANNING DIVISION
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "City of Palo Alto Regional Water Quality Control Plant Advanced Water Purification System Architectural Review Submittal” stamped as received by the City on February 6, 2024, 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, Fire, Public Works, and Building Departments.
3. BUILDING PERMIT PLAN SET. All Department conditions of approval for the project shall be printed on 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. LIGHTING. The owner or designee shall ensure that lighting is the minimum necessary and shielded downward to avoid light spillover as shown in the approved plan set. Motion sensor lighting shall be used and shall be set to turn off after a maximum 15-minute period except that a manual switch may be used to allow for lighting to stay on for a longer period, to the minimum extent necessary, for emergency maintenance purposes to ensure worker safety.
6. NOISE THRESHOLDS ON COMMERCIAL PROPERTY. In accordance with PAMC Section 9.10.040, No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than eight dB above the local ambient at any point outside of the property plane.
7. NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis projected noise levels at or within 5 dB less than the Noise Ordinance limits, the applicant shall demonstrate the installed equipment complies with the anticipated noise levels and the Noise Ordinance prior to final Planning inspection approval.
8. MITIGATION MONITORING AND REPORTING PROGRAM. To the extent applicable, the project shall comply with mitigation measures set forth in the 2015 EIR for the City of Palo Alto Recycled Water Project as identified in the EIR Addendum.
9. 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, 4 2
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including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
10. 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, Claire Raybould [email protected] to schedule this inspection.
BUILDING DEPARTMENT
11.A building permit is required for this project. Submit all plans listed on sheet G-00-002. Include a soil report and supporting structural calculations for the new building and non-building elements (i.e., tank, pipes and their supports, equipment, etc.). Include all MEPs plans, grading and drainage, and complete construction documentation.
PUBLIC WORKS ENGINEERING DEPARTMENT
12. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloalto.org/Departments/Public- Works/Engineering-Services/Forms-and-Permits
13. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements.
14. FLOOD ZONE. This project is in a FEMA Special Flood Hazard Area and shall comply with the requirements in Palo Alto Municipal Code Chapter 16.52
15. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way.
16. GRADING PERMIT. A Grading Permit may be required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering if required.
17. CERTIFICATE OF COMPLIANCE. Prior to issuance of any building permit for structures that extend across parcel boundaries, the applicant shall record a certificate of compliance to adjust to the parcel boundaries in a manner consistent with the approved plans.
WATER QUALITY
18. Include the Storm Water Pollution Prevention plan sheet (Public Works) • http://bit.ly/PAStormWaterPollution
19. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (download here:
http://scvurppp-w2k.com/c3_handbook.shtml) for details.
20. Stormwater quality protection:
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o Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. o Drain downspouts to landscaping (outward from building as needed). o Offsite downgrade storm drain inlets shall also be identified on this plan set and protected. If City staff removes protection from an inlet in the ROW during a rain event, the contractor shall replace the inlet protection by the end of the following business day.
ZERO WASTE
21. SALVAGE SURVEY. A Salvage Survey for reuse is not required. However, the highest source separation of any materials removed is still required.
PUBLIC WORKS URBAN FORESTRY
The following conditions and/or standard Municipal Code requirements are provided for supplemental guidance, recommendation and/or best practices. Any applicable items shall be addressed in any permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc.
22. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the Sheet T-1 and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project.
23. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Development Services Department for review by Planning, PW or Urban Forestry.
24. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to the Contractor. Reporting, injury mitigation measures and tree protection inspection schedule apply. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code.
25. URBAN FORESTRY GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival.
26. EXCAVATION RESTRICTIONS APPLY. Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then CPA Standard Detail #504 shall be printed on the final plans to be implemented by Contractor.
27. PLAN SET REQUIREMENTS. The final Plans submitted for a building permit shall include the following information and notes on relevant plan sheets:
a. SHEET T-1, The building permit plan set will include the City’s full-sized, Sheet T-1 (Tree 4 2
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Protection-it's Part of the Plan!), available on the Development Center website. A certified arborist shall complete and sign the Tree Disclosure Statement.
b. TREE PROTECTION FENCING, The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Protected Tree, using a bold dashed line enclosing the Tree Protection Zone (CPA Standard Detail #605).
SECTION 7. Term of Approval.
1. Site and Design Approval. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.82.080.
2. Design Enhancement Exception. The time limits for any DEE shall be the same as the time limits for the accompanying design review approval.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM: _____________________________
City Manager
__________________________ ______________________________ Assistant City Attorney Director of Planning and Development Services