cc: John XJ Zhang Attachment: Conditions of Approval Property Owner
September 17, 2025
Mike Ma
MArch Design
569 Clyde Avenue, Unit #520
Mountain View, CA 94043
SUBJECT: 2451 Cowper Street- Individual Review Application 25PLN-00102
On September 17, 2025, the Director of Planning and Development Services conditionally approved Single Family Individual Review application 25PLN-00102 for a new two-story residence at 2451 Cowper Street. This approval was granted pursuant to the Palo Alto Municipal Code (PAMC) Sections
18.12.110 and 18.77.075. The conditionally approved project plan set received April 15, 2025, meets the Palo Alto Single Family Individual Review Guidelines, and complies with the R-1 zone district regulations and other applicable City regulations for development as conditioned.
Prior to the approval becoming effective, a timely request for Director’s Hearing was received and a Director’s Hearing was held on September 10, 2025. On September 15, 2025, the Director of Planning and Development Services upheld the conditionally approved project.
PROJECT DESCRIPTION
The proposal is a request by Mike Ma of MArch Design for Single Family Individual Review to allow deconstruction of an existing 1,286 square foot one-story residence and a detached garage, and to allow the construction of a new 2,380 square foot two story single-family residence with attached one car garage and 799 square foot attached Accessory Dwelling Unit in the R1 zoning district, as shown on the plans received on June 9, 2025.
DIRECTOR’S HEARING
John XJ Zhang, residing at 2450 Tasso Street, requested a hearing within the 14-day hearing request period. Mr. Zhang expressed concern regarding noise impacts during construction, noting that they have a newborn baby arriving this fall and that the construction noise will impact their baby. Mr. Zang requested that construction hours be limited to 10AM-3PM with noon breaks to accommodate his newborn child’s nap schedule and that construction begin no earlier than March 2026. At the hearing, the appellant’s representative expressed concern that the City’s tentative approval did not protect nearby residents, especially young children, from hazardous materials and excessive noise. They argued that demolition of the 1938 structure could release lead, asbestos, dust, and diesel emissions, and that no enforceable conditions had been imposed to mitigate these risks. They also disputed the City’s reliance on a CEQA exemption and noted the project did not fully meet Individual Review Guidelines on privacy and buffering, urging denial until stronger safeguards were required.
DECISION AND FINDINGS
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The Director of Planning and Development Services finds that the project, as submitted on June 09, 2025 and as conditioned here, is in compliance with both the Municipal Code and the Individual Review Design Guidelines. The requirement to provide 24-inch box privacy screening trees on the rear and side yard property lines is already reflected in the approved plan set and reinforced in condition of approval #13 in the previously issued conditions of approval. Conditions related to hazardous material compliance, specifically asbestos and lead-based paint, are addressed at building permit in accordance with state and federal regulations. Standard measures for dust control are also applied during earthmoving activities in accordance with Bay Area Air Quality Management District requirements. Therefore, the addition of conditions of approval to address these requirements are not warranted. The project is required to comply with municipal code requirements for construction hours and noise levels.
No new conditions of approval were added as a result of the Director’s Hearing. However, the Director modified three conditions below for clarity and accuracy, including removing a standard privacy related condition of approval for balconies (no balconies are proposed as part of this project), clarifying a condition relating to maintaining the ADU path of travel while also maintaining a planting area for the side yard screening trees, and revising the condition related to impact fees to remove references to public art fees, which are not required for accessory dwelling units.
This approval will become effective 14 calendar days from the postmark date of this letter, unless an appeal is filed, as provided by Chapter 18.77.075 of the PAMC. An appeal may be filed by written request with the City Clerk before the date the Director’s decision becomes final. The written request shall be accompanied by a fee, as set forth in the municipal fee schedule. Only an applicant, or the owner or tenant of an adjacent property may appeal. As the plans may have been revised since the original submittal, interested parties may wish to review the tentatively approved plans online at the City’s Planning webpage bit.ly/PaloAltoProjects. If you need assistance reviewing the plans, you may visit the City’s Development Center at 285 Hamilton Avenue.
A copy of this letter shall accompany all future requests for City permits relating to this approval.
This approval expires in 12 months from the effective date.
Should you have any questions regarding this approval, please feel free to contact Claire Raybould at [email protected].
Sincerely,
Jonathan Lait, AICP
Director of Planning and Development Services
Attachment A: Conditions of Approval
cc: John XJ Zhang, 2450 Tasso Street, Palo Alto, CA 94303 2451 Cowper Street approval
Individual Review 25PLN-00102
Attachment A
INDIVIDUAL REVIEW CONDITIONS OF APPROVAL
2451 Cowper Street 25PLN-00102
September 12, 2025
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, " ZHAO RESIDENCE, New Single Family Residence + Attached ADU, 2451 Cowper Street, Palo Alto,” uploaded to the Palo Alto Online Permitting Services Citizen Portal on June 09, 2025, 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. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit. Project plans submitted for Building permits shall incorporate the following changes:
a. Privacy trees as described in COA #13 as shown on Sheet A1.4, shall be minimum 24- inch box trees and at least 8 feet tall at the time of planting. b. Minimum 18 inches of planter area shall be provided between the fence line and the concrete walkway along the right side easternmost property lot line. c. Clearly delineate a walkway leading to the ADU entry Show the edge of the walkway next to the ADU and paved parking area next to the garage on the site plan with dimensions and/or notes for the 18-inch planting area along the fence line.
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. OBSCURED/TRANSLUCENT GLAZING. All obscure glazing, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Obscure glazing is either decorative glazing that does not allow views through placed into the window frame or acid etched or similar permanent alteration of the glass. Films or like additions to clear glass are not permitted where obscure glazing is shown. Obscure glazing shall not be altered in the future and shall be replaced with like materials if damaged. If operable, these windows shall open towards the public right-of-way.
6. PRIVACY SCREENING. All screening, as shown on the plan set, shall be permanent in nature and shall remain for the life of the structure. Screening shall be a maximum of 15 percent open.
Screening shall not be altered and shall be replaced with like materials if damaged.
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7. REQUIRED PARKING. All single-family homes shall be provided with a minimum of one covered parking space (10-foot by 20-foot interior dimensions) and one uncovered parking space (8.5 feet by 17.5 feet).
8. UTILITY LOCATIONS. In no case shall utilities be placed in a location that requires equipment and/or bollards to encroach into a required parking space. In no case shall a pipeline be placed within 10 feet of a proposed tree and/or tree designated to remain.
9. BAY WINDOWS. The four proposed bay windows shall have an interior base at least 18 inches above the floor joists, have no exterior skirt wall, projecting no more than two feet, shall have an interior height of no more than 7.5 feet (measured from the window seat to the underside of the roof), and with more than 50% window surface. Bay windows that do not meet this definition will be counted towards the homes floor area ratio (FAR), which may cause the home to be out of compliance with required Zoning standards. Any changes to proposed bay windows must first be reviewed and approved by the Director of Planning and Community Environment.
10. NOISE PRODUCING EQUIPMENT. All noise producing equipment shall be located outside of required setbacks, except they may project 6 feet into the required street side setbacks. In accordance with Section 9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than six dB above the local ambient at any point outside of the property plane.
11. DAYLIGHT PLANE. The daylight plane must clear the point where the wall plane intersects the top of the roof material.
12. IMPERVIOUS SURFACE. A minimum of 60 % of the required front yard shall have a permeable surface that permits water absorption directly into the soil (Section 18.12.040 (h)). The building permit plan set shall include a diagram demonstrating compliance.
13. REQUIRED IRLANDSCAPING/CANOPY REPLACEMENT TREES. The following landscaping is required to ensure the project’s conformance with the City’s IR Guidelines and/or the City’s tree canopy replacement requirements and therefore must remain for the life of the structure. The required screening trees and shrubs shall be a minimum size of 24-inch box and measure at least eight (8) feet tall at planting.
a. Four 24-inch box trees shown as 16 on sheet A1.4, shall be planted and maintained at left side of the rear yard of the property.
b. Two 24-inch box trees shown as 5 on sheet A1.4, shall be planted and maintained at the rear yard of the property.
c. Four 24-inch box trees shown as 17 on sheet A1.4, shall be planted and maintained at right side of the rear yard of the property.
14. LANDSCAPING. All existing landscaping shall remain unless approved for removal in the approved plan set. Show tree protection fencing to all trees and shrubs intended to remain on site and for the street trees. The tree protection shall be shown in the plans submitted for building permit, as 2451 Cowper Street approval
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shown on Sheet A1.4 and shall be installed at the beginning of construction. Landscape planting shall be installed as shown in the approved plans. Modifications to the landscaping plan shall be approved by Planning and Urban Forestry.
15. FENCES. Fences and walls shall comply with the applicable provisions of Chapter 16.24, Fences, of the Palo Alto Municipal Code (PAMC). Heights of all new and existing fencing must be shown on the Building Permit plans.
a. Where an existing fence is non-compliant, a new Code compliant fence shall be constructed in its place.
16. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $18,004.02 plus the applicable public art fee, per PAMC 16.61.040, shall be paid prior to the issuance of the related building permit.
17. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-
DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6.
18. PLANNING 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, fenestration and hard surface locations. Contact the planning department at 650- 617-3117 or email [email protected] to schedule this inspection.
19. PERMIT EXPIRATION. The project approval shall be valid for a period of two years from the original date of approval. Application for a one year extension of this entitlement may be made prior to expiration, by emailing the Planning department at [email protected]. If a timely extension is not received, or the project has already received an extension and the applicant still wishes to pursue this project, they must first file for a new Planning application and pay the associated fees. This new application will be reviewed for conformance with the regulations in place at that time.
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20. 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 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.
URBAN FORESTRY
21. Please add a column in the Arborist report for tree removal to identify which of the non- protected trees are proposed for removal so that a no-net-loss of tree canopy replacement quantity can be calculated by Urban Forestry. Insufficient space for all replacement trees may be replaced by in-lieu fees in the amount of $650 per unplanted 24" box tree.
22. 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 Protection Zone (TPZ). The ground under and around the tree canopy area shall not be altered. No waste material or construction byproducts are allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained as necessary to ensure survival.
23. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to the Contractor.
Reporting, injury mitigation measures and arborist inspection schedule apply pursuant to TLTM 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, and city Tree and Landscape Technical Manual, Section 3.02.
24. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading, digging, potholing, or trenching within the TPZ of a protected tree shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ= 10x the tree diameter at 54" above grade) For utility trenching, including sewer line, roots exposed with a diameter of 2 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 and the buffer distances in TLTM Table 3-4, Trenching and Tunneling Distance, shall be implemented by Contractor. Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of conducting any approved excavation within 10-feet of any street trees (or for any protected tree on EVSE projects). Urban Forestry may choose to monitor or review the work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards.
25. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the Tree Preservation Report and/or 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 or Urban Forestry inspection of the project is completed.
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26. NO NET LOSS OF CANOPY. In order to comply with the City’s no net loss of canopy policy (PAMC
8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan, Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3-1 in the Tree and Landscape Technical Manual, Section 3.02. New landscape tree plantings (24 inch box or larger) count towards the replacement total. Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in-lieu fees per each 24 inch box tree into the forestry fund. [Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC 8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned other than R1, RE, R-2, or RMD].
27. 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 Planning and Development Services Department for review by Planning, Public Works, or Urban Forestry.
ZERO WASTE
28. 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.
29. 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.
30. 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
PUBLIC WORKS CONDITION OF APPROVAL
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The following shall be addressed prior to issuance of a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit and/or Encroachment Permit.
31. 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:
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/pw-conditions-sheet-alternative-update-8.7.18.pdf
32. 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 from a staff member of Public Works Engineering Services or at the following link:
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/pwe-site-inspection-directive_rev- 2021.pdf
33. 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
34. 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:
https://www.cityofpaloalto.org/files/assets/public/v/1/publicworks/engineering- Services/webpages/forms-and-permits/rwq_stormwater_plansheet_final_bw.pdf
35. IMPERVIOUS SURFACE AREA WORKSHEET: The applicant shall fill out the Impervious Area Worksheet for Land Developments at the link below. The sheet shall be both emailed to [email protected] and included with the building permit submittal:
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/impervious-area-worksheet-fillable.pdf
36. GRADING & DRAINAGE PLAN: The improvement plans shall be compliant with the “Grading & Drainage Guidelines for Residential Developments”. The sheet can be obtained at the following:
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering- services/webpages/forms-and-permits/grading-drainage-residential-guidelines.pdf
37. 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. 2451 Cowper Street approval
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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.
38. 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”.
39. 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”.
40. 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”.
GREEN BUILDING & ENERGY REACH CODE REQUIREMENTS:
41. The proposed project shall conform with PAMC Section 16.14 (Green Building code) Information, ordinances and applications can be found at
http://www.cityofpaloalto.org/gov/depts/ds/green_building/default.asp. If you have any questions regarding Green Building requirements, please call the Green Building Consultant at (650) 329-2179 or send an email to [email protected].