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1 DRAFT ACTION NO. 2026-__
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 2100-2400 GENG RD: SITE AND DESIGN, CONDITIONAL USE PERMIT, AND VESTING TENTATIVE MAP [24PLN-00356 & 24PLN-00357]
On _________, 2026, the City Council of the City of Palo Alto (“City Council”) approved a Site and Design application, Conditional Use Permit, and Vesting Tentative Map for development of 145 for sale townhome units (“the Project”). In approving the application, Council makes the following findings, determinations, and declarations:
SECTION 1. Background.
A. On July 8, 2024, Strada Investment Group filed a compliant pre-application in accordance with Senate Bill (SB) 330 and with California Government Code Section 65589.5(d)(5) (also known as Builder’s Remedy).
B. On December 18, 2024, Strada Investment Group filed a Site and Design and Conditional Use Permit application (24PLN-00356) for 145 for sale townhome units to allow for the proposed multi-family development and use of the site. In addition, Strada Investment Group filed an application for a Vesting Tentative Map (24PLN-00357) to merge two existing lots to create a single resulting 480,230-square-foot parcel (11.02 acres) and to re-subdivide the lot for condominium purposes for 145 townhome units. The project includes the following density bonus waivers and concessions in accordance with State Density Bonus Law, and additional protections as a “builder’s remedy project,” under AB 1893:
• Waiver 1: Floor Area Ratio (0.97:1 where 0.5:1 maximum is allowed) • Waiver 2: Height (42 feet where 30 feet maximum is allowed) • Waiver 3: Front Setback (16.5 feet where 20 feet is required) • Waiver 4: Rooftop Garden Width (Railings intersect a plane measured at a forty-five degree angle from the edge of the building sloping upward and inward toward the center of the unit)
• Waiver 5: Private street width (26 feet where 32 feet is required) • Concession 1: Distribution of below market rate units.
C. The project site is comprised of two existing lots (APN 008-02-035, Approximately 239,800 square feet and APN 008-02-036, Approximately 240,430 square feet).
The site contains four existing office buildings. To the north of the project site is the Baylands Athletic Center that offers softball/baseball lighted fields on a six-acre facility. Adjacent uses to the south, east, and west are office buildings.
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2 D. Following staff review, the Architectural Review Board held a duly noticed public hearing to review the Site and Design application at an initial hearing on October 16, 2025, to provide feedback on the design.
E. Following staff review of the Site and Design application, Conditional Use Permit, and Vesting Tentative Map, the Planning and Transportation Commission held a duly noticed public hearing to review the project and recommended approval on December 10, 2025, subject to conditions of approval.
F. Following the Planning and Transportation Commission’s review of the project, the Architectural Review Board held a duly noticed public hearing to review the Site and Design application and recommended approval on January 15, 2026, subject to conditions of approval.
G. On December 16, 2025 the Parks and Recreation Commission considered the associated Park Improvement Ordinance required for the project and recommended approval, subject to conditions of approval.
H. On ___________, 2026 the City Council held a duly noticed public hearing at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures.
I. The project site is included in the City’s 2023-2031 Housing Element Site Inventory, with a projected capacity of 175 moderate income units. The project does not provide any moderate income units. Following approval of the project, the remaining sites in the Site Inventory will be insufficient to meet the remaining Regional Housing Needs Assessment (RHNA) for moderate income units.
J. Including the proposed project, the remaining RHNA and remaining capacity at each income level will be approximately:
Lower Moderate Above Moderate
Remaining RHNA 1,994 899 305
RHNA Credits 598 182 515
Remaining Site
Inventory Capacity
1,837 622 1,902
Surplus/Deficit 441 -95 2,112
K. In accordance with Government Code Section 65863, the City shall, within 180 days, identify and make available additional adequate sites to accommodate the remaining RHNA at the moderate income level.
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3 SECTION 2. Environmental Review. The City, acting as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15183. An Initial Study (IS) Checklist to determine consistency with the Environmental Impact Report (EIR) (State Clearinghouse [SCH] #2014052101) certified in 2017 (“2017 EIR”) for the City of Palo Alto’s 2030 Comprehensive Plan found that the Project is consistent with a Community Plan or Zoning with any project related effects substantially mitigated under uniformly applicable development policies or standards. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division.
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.
1. 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 on two contiguous parcels located at 2100-2400 Geng Road. To the north of the project site is the Baylands Athletic Center that offers softball/baseball lighted fields on a six-acre facility. Adjacent uses to the south, east, and west are office buildings. While surrounding uses differ from the proposed residential use, the project site allows residential development with a conditional use permit. The colors and materials of the project are consistent with the Baylands Design Guidelines, such as using muted colors. Lighting would be downcast and the proposed landscaping would provide long-term visual screening along the property line abutting the Baylands Athletic Center.
The project would not conflict with the City’s airport operations and is consistent with the adopted Comprehensive Airport Land Use Plan. Therefore, the project is consistent with this objective.
2. 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 located within the boundaries of the Baylands Master Plan on the area identified as Private Lands. The proposed residential project would redevelop two parcels currently occupied with office uses. The proposed use is consistent with the land use designation and, with a Conditional Use Permit, is consistent with the allowed uses set forth in the zoning code. The project would provide 145 townhome units improving the City’s jobs housing imbalance consistent with the Housing Element’s goals and policies. The project would not affect existing or potential future uses within the surrounding area including the adjacent airport, nearby office uses, and/or recreational use of the Baylands and therefore would not affect the desirability of investment, or the conduct of business, research, or educational activities on adjacent sites.
3. 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 materials that will weather without degrading such as stucco and treated wooden siding. Lighting is designed and conditioned to not shine onto the adjacent properties. The project will implement green
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4 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.
4. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan.
The proposed project complies with all applicable and objective standards in the Comprehensive Plan and the Palo Alto Municipal Code except where waivers or concessions are requested pursuant to state density bonus law or additional protections as a “builder’s remedy project,” under AB 1893. In accordance with The Housing Accountability Act as set forth in California Government Code 65589.5(j)(3), the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. Therefore, the project is compliant with the objective standards.
A summary of the project’s consistency with the Comprehensive Plan is provided in this table. The project is required to comply with the Comprehensive Plan to the extent that the requirements are objective.
Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan
The Comprehensive Plan land use designation for
the site is Research/Office Park which allows
multifamily housing in specific locations.
One of the two parcels on which the proposed
project would be located is identified as a
housing inventory site. The project adheres to the
Comprehensive Plan by providing housing on this
opportunity site. The proposed multi-family use is
allowed within this land use designation.
Housing Element
Policy 4.3 Implement development standards,
objective design standards, and architectural and
green building standards that encourage new
high-quality rental and ownership housing.
The project complies with the implemented
standards except where requests for waivers or
concessions in accordance with state density
bonus law is provided. The project provides the
necessary upgrades to infrastructure on the site
to provide new high-quality ownership units. The
project complies with all required green building
requirements in accordance with state law and
the city’s local reach code.
Land Use and Community Design Element
Policy L-6.1 Promote high-quality design and site
planning that is compatible with surrounding
development and public spaces.
The project utilizes a muted material palette with
natural colors and materials that will weather
without degrading. The design aligns with The
Site Assessment and Design Guidelines, intended
to ensure compatibility with the special aesthetic
qualities and environmental conditions unique to
the Baylands.
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5 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan
Policy L-9.2 Encourage development that
creatively integrates parking into the project,
including by locating it behind buildings or
underground wherever possible, or by providing
for shared use of parking areas. Encourage other
alternatives to surface parking lots that minimize
the amount of land devoted to parking while still
maintaining safe streets, street trees, a vibrant
local economy and sufficient parking to meet
demand.
290 spaces would be provided in the townhome
garages (70 tandem spaces) and 43 parking
spaces would be provided along the private
streets, including 4 accessible spaces. The
frontage still provides a sidewalk, street trees and
other greenery for an inviting streetscape.
Policy L-9.4 Treat residential streets as both
public ways and neighborhood amenities. Provide
and maintain continuous sidewalks, healthy
street trees, benches and other amenities that
promote walking and “active” transportation.
The project includes private streets lined with
trees as well as new short-term bicycle parking
within the common area and bicycle parking in
garage fronting the streets to promote active
transportation. This improves the current office
park design, which provides surface level parking
along the project frontage.
Policy L-9.9 Involve the Urban Forester, or
appropriate City staff, in development review.
The applicant has worked closely with the City’s
Urban Forestry division to ensure that tree
removals meet the goals of the Urban Forest
Master Plan. The proposed 648 replacement
trees would exceed the required 292 trees.
Further, the applicant has also worked with
Urban Foresty to develop a parkland
improvement ordinance that would address
project related impacts to adjacent City trees on
Parkland.
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 would not exceed density
requirements as set forth in the adopted
Comprehensive Plan and zoning and there are no
limits on residential units within the Airport
Traffic Pattern Zone. Further, the development
would not exceed the maximum height limit of
154 feet. The project is conditioned to secure a
Determination of No Hazard from the Federal
Aviation Administration and the recording of an
Avigation Easement and Deed Notice with the
Vesting Tentative Map to ensure prospective
buyers are made aware of the airport's existence
and any potential impacts that the airport activity
has on surrounding land uses.
Transportation Element
Policy T-3.7 Encourage pedestrian-friendly design
features such as sidewalks, street trees, on-street
The project includes direct connections to the
sidewalk that help to activate the frontage along
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6 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan
parking, gathering spaces, gardens, outdoor
furniture, art and interesting architectural details.
Geng Road in addition to new street trees and
plantings.
Policy T-3.9 Support citywide sustainability
efforts by preserving and enhancing the tree
canopy where feasible within the public right-of-
way, consistent with the Urban Forest
Management Plan, as amended.
The project meets the tree canopy replacement
requirements through on site planting. The
project includes removal of 218 trees and
replaces with 648 trees, over which 50 percent
would be California native species, and 57 would
be coast live oaks and valley oaks.
Urban Forest and Understory
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.
The project will remove the existing 216 trees on
site, and replace them with 648 new trees, an
increase of 432 trees. Of the new trees, a
majority will be native species and high habitat
value species, including coast live oak, valley oak,
and California buckeye. The understory is also
designed to support native habitat. Shrubs &
Grasses are nearly all California native species
with a focus on high habitat value species.
Policy N-2.11 Coordinate City review by the
Urban Forester, Planning, Utilities, and Public
Works Departments, of projects that might
impact the urban forest.
While the project will impact the urban forest,
the replacement tree values will exceed what is
required. The project will also include a parkland
improvement ordinance to address the potential
impacts to City trees on adjacent parkland. This
ordinance includes provisions for a program to
replace the impacted unhealthy non-native public
trees over time.
Flood Hazard and Mitigation
Policy S-2.8 Minimize exposure to flood hazards
by protecting existing development from flood
events and adequately reviewing proposed
development in flood prone areas.
The project site would be graded and raised out
of the flood zone to meet minimum National
Flood Insurance Program standards. The
applicant submitted a Conditional Letter of Map
Revision with FEMA. Following project
construction a Letter of Map Revision from FEMA
will officially revise the current NFIP map to show
changes to floodplains, regulatory floodways, or
flood elevations.
SECTION 4. Conditional Use Permit Findings. Conditional Use Permit approval is based on the findings indicated under PAMC Section 18.76.010:
1. The proposed use, at the proposed location, 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.
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7 A Conditional Use Permit is required for a residential use within the ROLM(E) Zone District. In the surrounding vicinity of the project site, there is a Post Office, International School of the Peninsula, two automobile agencies, and office uses. To the north of the project site is the Baylands Athletic Center that offers softball/baseball lighted fields on a six-acre facility.
Adjacent uses to the south, east, and west are office buildings. With the conditions set forth in this record of land use action, which reduce lighting impacts of the proposed project within the Baylands setting, the project would not be detrimental to the public health, safety, general welfare or convenience to other property improvements in the vicinity.
2. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance.
The Comprehensive Plan land use designation for the project site is Research/Office Park, which states: "Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses… in some locations, residential and mixed-use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to 0.5, depending on site conditions. Consistent with the Comprehensive Plan, multifamily housing may be allowed in specific locations.” Because a portion of the site is identified as a Housing Inventory site in accordance with the City’s adopted Housing Element, the proposed land use is consistent with the Comprehensive Plan. Though the project exceeds the floor area ratio allowance set forth for this land use designation, the applicant requests a waiver in accordance with state density bonus law for the floor area; therefore, the increase in FAR may not be seen as inconsistent with the zoning ordinance or Comprehensive Plan. Additionally, the proposed application was filed in accordance with the Builder’s Remedy provision in the Housing Accountability Act.
Therefore, inconsistency with the Comprehensive Plan land use designation is not a basis for denial of a project. Because the project is a “builder’s remedy project,” as defined in AB 1893, the City is further limited to only enforcing those objective standards that exist in a zone district or land use designation that allows the density requested. Exclusively residential uses in the ROLM (E) District requires compliance with the development standards prescribed for the RM- 20 zoning district. The project applicant has identified incentives, concessions, and waivers under State Density Bonus Law to demonstrate compliance with the enforceable standards as detailed in Section 1.
SECTION 5. 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.
The project applicant has identified incentives, concessions, and waivers under State Density Bonus Law to demonstrate compliance with the enforceable standards as detailed in Section 1 of this record of land use action. This finding can be made in the affirmative
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8 because the project is consistent with applicable Comprehensive Plan goals and policies as summarized above in Section 3, Site and Design Findings, and Section 4, Conditional Use Permit Findings, 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 is consistent with the requirements for the Palo Alto Comprehensive Airport Land Use Plan and the zoning code as modified in accordance with state law. The proposed 145-unit townhome development would not exceed density requirements as there are no limits on residential units within the Airport Traffic Pattern Zone and the project is consistent with the allowed density set forth in the Zoning and Comprehensive Plan.
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.
There is internal order between the pedestrian entries, car entry, and open spaces on the project site. There are three building typologies provided, detached townhomes, row townhomes, and duplex townhomes, that each have varying defined entrances for residents.
There is no historic character to preserve. The project is designed consistent with the Baylands Design Guidelines with the use of muted colors. While the project mostly complies with the applicable objective standards applied to housing development projects within the ROLM(E) Zone District, the applicant has identified waivers pursuant with State Density Bonus Law and Builder’s Remedy provisions as detailed in Section 1.
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 consists of a townhome community designed with a high level of aesthetic quality through the use of durable, high quality materials, including stucco, cementitious panels, treated wood siding, brick, and metal balcony railings. The materials, textures, and construction techniques are cohesively integrated into the building design and reflect a contemporary architectural design comparable to other projects in the surrounding vicinity. The proposed neutral muted color palette is compatible with surrounding development and is consistent with
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9 the Baylands Design Guidelines. Overall, the project’s design is compatible with the Baylands’ unique landscape character and the visual quality of the surrounding area.
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 design provides a network of pedestrian and bicycle pathways that access a central green with a stage for community performances, grills, and a games area, pocket parks, and room for additional neighborhood amenities like a community garden. Vehicles would access the site through two entrances: one from Geng Road and the other from East Bayshore road . Bicycle parking is currently shown within each garage totaling 145 bike spaces and a centrally located bike rack on the project site. The proposed centrally located bike parking area holds 16 short - term bike racks.
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 habita t that can be appropriately maintained.
The project will provide a variety of drought -tolerant planting. A majority of the plantings were selected from a California native palette. The selected varieties of trees would provide appropriate habitat for wildlife as a part of a bigger neighborhood and community wide system.
Additional landscaping is provided in the common areas of the project.
6. The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning.
In accordance with the City’s Green Building Regulations, the project will satisfy the requirements for CALGreen Mandatory + Tier 2. This is demonstrated on the GB sheets in the plan set. The project also is designed to accommodate future recycled water improvements should they be available in the future, consistent with the municipal code requirements for this area.
SECTION 6. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons:
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10 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451:
The site is consistent with the Comprehensive Plan as described below. There is no adopted specific plan for this project site.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans:
There is no adopted specific plan for this project site. The proposed vesting tentative map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi-family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The proposed density (13 DU/AC) is consistent with the allowance for multifamily residential in specified locations in the Research/Office Park land use designation of the Land Use Element.
The project replaces four existing office buildings with 145 for sale townhome units with thirteen percent of the units (19 units) deed restricted to serve low-income households.
Nineteen (19) units (13%) are designated to be provided at below-market rate (BMR) at a rate affordable to low-income households (80% of Area Median Income or below). The project improves the city’s jobs housing imbalance consistent with the Housing Element’s goals and policies.
3. That the site is not physically suitable for the type of development:
The Project site is suitable for multi-family residential development in that it’s located on a site designated on the City’s Land Use Map that allows for multi-family uses and identified as a housing inventory site in the Housing Element. The proposed resulting parcels meet the minimum code requirements for the ROLM(E) zone district with respect to lot area, width and depth. The proposed number of condominium units for the project site complies with the applicable densities set forth in the land use element.
4. That the site is not physically suitable for the proposed density of development:
The proposed development would create a total of 145 townhome residential units which is 13 dwelling units (DU) per acre (total project site is 11 acres). This density complies with the minimum and maximum allowable residential density as calculated for the total site area under the zoning code (11-20 DU/acre = 121-220 DU). Building, Palo Alto Fire Department, Planning, Transportation, Zero Waste, and Public Works Engineering have reviewed the requested density bonus waiver to permit a minimum 26-foot street width to ensure that all necessary requirements for safety, including but not limited to, fire safety and traffic safety (e.g. curb cut location, turning radius, etc.) have been met as well as to ensure that the street allows for proper function of the site (e.g. trash pickup).
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11 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat:
The project site is located on the eastern side of Highway 101 adjacent to the Baylands Nature Preserve. The Baylands is an approximately 1,976-acre open space located along the edge of San Francisco Bay (Bay) including multiple habitats and a wide variety of recreational and educational benefits. However, the project site is located in an area of approximately 90 acres of industrial research, office, and commercial uses that are concentrated along Embarcadero Road and East Bayshore frontage road. The project design would incorporate lighting reduction design features to reduce the spillover of lighting or glare/increased luminance perceived by birds and other wildlife, in compliance with recommendations by the International Dark-Sky Association. Though the project proposes the removal of 218 on-site trees, the proposed project would also include the planting of 648 trees, which would gradually replace the existing foraging habitat on the site for native migratory birds as these trees gradually mature. The increase in the number of trees on site would also provide valuable foraging resources for migrating birds. Thus, in the long term, the project will continue to support foraging habitat for migrating birds along the San Francisco Bay. With incorporation of the standard conditions of approval, the project would have less than significant impacts on biological resources, the same as those identified in the 2017 EIR. Therefore, the project would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems:
The subdivision of this parcel and associated improvements would not have the potential to result in serious health problems. The proposed multi-family use would not include use or storage of hazardous materials. The site is not located on a hazardous waste site pursuant to government code 65962.5.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public access easements for access through, or use of, the
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12 property. Existing public utility easements would either continue to be used or otherwise vacated and new utility easements created as part of the mapping process to reflect modifications to the location of utility infrastructure.
SECTION 7. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 9 of this Record of Land Use Action.
SECTION 8. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by CBG Civil Engineers titled “Vesting Tentative Map 2100-2400 Geng Road For Condominium Purposes City of Palo Alto, California”, stamped as received January 30, 2026, except as modified to incorporate the conditions of approval in Section 9. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]).
SECTION 9. Conditions of Approval Site and Design Permit.
PLANNING DIVISION
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, " 2100-2400 Geng Road , Palo Alto, CA ” stamped as received by the City on January 30, 2026, 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. 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.
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13 5. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be permanently maintained and replaced as necessary. Landscaping along the rear lot line between the project and Baylands Athletic Center shall be planted at a minimum height of 8 feet. The landscaping screen along the shared property line shall be maintained in accordance with the code requirements for objective standards.
6. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC 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.
7. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified music shall be used for producing sound in or upon any open area, to which the public has access, between the hours of 11:00pm and one hour after sunrise.
8. PG&E ENCROACHMENT PERMIT. An encroachment permit is required prior to any temporary work or permanent improvements within PG&E easement. The project shall comply with any and all requirements of the encroachment permit.
9. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs, if proposed, shall conform to the requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the Director of Planning.
10. STANDARD REQUIREMENTS FOR UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL RESOURCES. No known archeological or paleontological resources are present on or within the immediate vicinity of the site. However, as noted in the project description and per the City’s standard conditions, in the unlikely event that an archeological resource is unearthed during ground disturbing activities, work in the immediate area should be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is Native American in origin, then a Native American representative should also be contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the Native American representative, shall examine the find and make recommendations regarding additional work necessary to evaluate the significance of the find and the appropriate treatment of the resource. Recommendations could include, but are not limited to, invasive or non-invasive testing, sampling, laboratory analysis, preservation in place, or data recovery. A report of findings documenting any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to the Director of Planning. Prior to commencement of any project-related construction activities, a qualified Archaeologist hired by the applicant shall provide a worker environmental awareness training to all site personnel that addresses cultural and tribal cultural resources. The training shall discuss the appearance of resources that may be
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14 encountered during construction as well as the procedures and notification process in the event of discovery.
11. RETENTION OF A QUALIFIED ARCHAEOLOGIST AND ARCHAEOLOGICAL MONITORING. Prior to the start of ground-disturbing activities, the Applicant and/or subsequent responsible parties shall retain an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards (NPS 2020a) (Qualified Archaeologist) to carry out all cultural resources related work associated with the project and to oversee the implementation of all cultural resources mitigation measures. The Qualified Archaeologist shall possess experience and familiarity with historic-period and prehistoric archaeological resources in the region. The Qualified Archaeologist or other designated archaeologist working under the direction of the Qualified Archaeologist shall conduct full-time monitoring within native sediments to the project’s proposed maximum depths of disturbance. In general, archaeological monitoring shall be limited to initial ground disturbance which is defined as construction-related earthmoving of sediments from their native place of deposition and does not include any secondary movement of sediment that might be required for the project. The Qualified Archaeologist may adjust monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter archaeological deposits. The archaeological monitor shall maintain daily monitoring logs. Following the completion of construction, the Qualified Archaeologist shall prepare an archaeological monitoring report for submittal to the lead agency and the NWIC with the results of the archaeological monitoring program.
12. STANDARD REQUIREMENTS FOR THE PROTECTION OF NESTING BIRDS. As detailed in the project description and per the City’s standard conditions, vegetation or tree removal shall be prohibited during the general avian nesting season (February 1 – August 31), if feasible.
If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site no more than 14 days prior to scheduled vegetation clearance and/or demolition activities. If nesting birds are found to be present, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) as determined appropriate by the biologist, shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest). A report documenting any data recovered during monitoring shall be prepared by a qualified biologist and submitted to the Director of Planning prior to final planning inspection.
13. STANDARD REQUIREMENTS FOR PM10 and PM2.5 Emissions. The following conditions shall be implemented during all phases of construction to control dust and exhaust at the project site in compliance with the Comprehensive Plan Policy N-5.5:
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15 • Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day.
• Cover all haul trucks transporting soil, sand, and other loose material off-site. • Remove all visible mud or dirt track out onto adjacent public roads at least once per day using wet power vacuum street sweepers. The use of dry power sweeping is prohibited.
• Limit all vehicle speeds on unpaved roads to 15 miles per hour. • Pave all new roadways, driveways, and sidewalks as soon as possible. • Lay building pads as soon as possible after grading unless seeding or soil binders are used.
• Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 miles per hour.
• Wash off all trucks and equipment, including their tires, prior to leaving the site. • Post a publicly visible sign with the name and phone number of an on-site construction coordinator to contact regarding dust complaints. The on-site construction coordinator shall respond and take corrective action within 48 hours. The sign shall also provide the City’s Code Enforcement Complaints email and number and the Air District’s General Air Pollution Complaints number to ensure compliance with applicable regulations.
14. CONSTRUCTION EQUIPMENT. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 Final emission standards for particulate matter (PM10 and PM2.5), if feasible. If Tier 4 Final equipment is not available for a particular piece of equipment, then use equipment that meets U.S. EPA emission standards for Tier 3 engines and include PM emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve an 80 percent reduction in PM exhaust in comparison to uncontrolled equipment.
15. VIBRATION ANALYSIS. Prior to issuance of a demolition permit, a list of all heavy construction equipment to be used for this project known to produce high vibration levels (e.g., tracked vehicles, vibratory compaction, jackhammers, hoe rams, clam shovel drop, and vibratory roller, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds. • Smaller equipment (less than 18,000 pounds) shall be used near the property lines adjacent to sensitive buildings to minimize vibration levels to 0.3 in/sec PPV or less. For example, a smaller vibratory roller similar to a Caterpillar model CP433E vibratory compactor could be used when compacting materials within 20
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16 feet of the adjacent conventional building. The smaller equipment intended to implement this requirement shall be individually identified among the list of equipment required under the above condition as the subset of equipment allowed for use at the property lines.
• Select demolition methods that do not involve large impact tools such as hoe- rams within 20 feet of the adjacent conventional building. Portable jackhammers, saws, or grinders shall be used to minimize impacts to the ground. • Avoid dropping heavy equipment and use alternative methods for breaking up existing pavement, such as a pavement grinder, instead of dropping heavy objects, within 20 feet of the adjacent conventional building. • Designate a Disturbance Coordinator responsible for registering and investigating claims of excessive vibration. The contact information for the responsible party shall be clearly posted on the construction site.
16. SITE MANAGEMENT PLAN. The project applicant shall retain a qualified environmental consultant, California Professional Geologist (PG) or California Professional Engineer (PE), to prepare a Site Management Plan (SMP) prior to construction. The SMP, or equivalent document, will be prepared to address onsite handling and management of impacted soils, soil vapor, groundwater, or other impacted wastes, and reduce hazards to construction workers and offsite receptors during construction. The plan shall establish remedial measures and/or soil management practices to ensure construction worker safety, the health of future workers and visitors, and the off-site migration of contaminants from the project site. These measures and practices may include, but are not limited to:
a. Stockpile management, including stormwater pollution prevention and the installation of BMPs
b. Proper disposal procedures of contaminated materials c. Monitoring, reporting, and regulatory oversight notifications d. A health and safety plan for contractors working at the project site that addresses the safety and health hazards of each phase of site construction activities with the requirements and procedures for employee protection e. The health and safety plan will also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
17. TREE CANOPY REPLACEMENT. Replacement of the tree canopy for the two trees located along the Geng Road frontage of the project proposed to be removed is required in accordance with Chapter 8 of the municipal code and the City’s Tree Technical Manual.
18. REFUSE. All trash areas shall be covered and maintained in an orderly state within private garages to prevent water from entering into the garbage container. No outdoor storage is allowed/permitted except when brought out to the street for pickup as shown in the plan set.
Trash areas shall be maintained in a manner to discourage illegal dumping.
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17 19. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a Builder’s Remedy project, as defined in AB 1893 , and is providing thirteen percent of the proposed units at prices affordable to lower income households . This also represents an alternative means of compliance with the City’s inclusionary housing requirement stated in Palo Alto Municipal Code Chapter 16.65. The applicant shall execute and record a BMR regulatory agreement in a form satisfactory to the City Attorney. The project shall conform to the approved regulatory agreement, which shall be recorded prior to issuance of building permit or final map, whichever occurs first. All BMR units constructed under this condition shall be in conformance with the City’s BMR Program rules and regulations, as modified by the concession granted pursuant to State Density Bonus Law regarding unit distribution .
Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement.
20. FEDERAL AVIATION ADMINISTRATION NOTICE OF PROPOSED CONSTRUCTION. The applicant shall notify the Federal Aviation Administration (FAA) as required by FAR Part 77, Subpart B on FAA Form 7460 -1, Notice of Proposed Construction or Alteration , for the proposed project including temporary construction equipment, such as cranes. A copy of the submitted form shall be submitted to the City of Palo Alto Planning Division as well as a copy of the FAA’s response to this form.
21. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $8,306,259.10 plus the applicable public art fee, per PAMC 16.61.040, prior to the issuance of the related building permit(s). Impact fees may be paid at occupancy in accordance with the requirements under PAMC 16.64.030.
22. 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, reser vations 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 C HALLENGING 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
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18 23. ENTITLEMENT EXPIRATION. The project approval shall be valid for a period of t wo years from the date of issuance of the entitlement. If within such period, the proposed use of the site or the construction of buildings has not commenced, the Planning entitlement shall expire. Application for a one -year extension of this entitlement may be made prior to expiration.
24. 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 n ot limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Steven Switzer at [email protected] to schedule this inspection.
25. 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 t he litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
PUBLIC ART
26. The applicant has selected to pay the public art in-leiu fee as an alternative to constructing public art on site. Prior to issuance of a building permit, the applicant shall pay the required in-lieu contribution to the Public Art Fund. The Public Art Program team will need to verify the Construction Valuation with an outside consultant . Contact the Public Art Program at the time you apply for Building permit to begin this verification process . All information and application materials may be found at paloalto.gov/ public art under the Policies and Documents tab. In-lieu fees may be paid at occupancy in accordance with the requirements under PAMC 16.64.030.
PUBLIC WORKS ENGINEERING
27. 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.paloalto.gov/Departments/Public-Works/Engineering-Services/Forms-and- Permits
28. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements.
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19 29. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS: As part of the plan review for improvements within the public right-of-way, any existing improvements to be re-used by the project, which are not to current City standards and are not specifically in these project conditions (such as streetlights, utility covers and lids, etc.), shall be upgraded to current City standards as required by the Director of Public Works and the Director of Utilities.
30. MODIFICATIONS TO EXISTING PUBLIC UTILITIES: The Developer is responsible for any changes or modifications to existing utilities, streets, and public infrastructure within or adjacent to the project site. This includes, but is not limited to, the relocation of utility facilities, conduits, or vaults required due to grade changes in the sidewalk area resulting from the development.
31. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS: The Developer is responsible for repairing any damage to existing public improvements fronting or adjacent to the project site caused by construction, to the satisfaction of the Public Works Department.
32. EXISTING UTILITY ABANDONMENT AND/OR RELOCATION: The Developer is responsible for researching all existing utility lines to ensure there are no conflicts with the project. Any existing utility lines (public or private) or their appurtenances that conflict with the project or do not serve it must be capped, abandoned, removed, relocated, or disposed of to the satisfaction of the City.
33. RE-USE OF EXISTING STORM DRAINS: The re-use of existing City storm drain service lines and appurtenances is subject to City review and approval. The Developer’s contractor shall expose the existing storm drain facilities during construction for City inspection or provide video documentation of their condition. Any deficient facilities, as determined by Public Works, must be replaced by the Developer.
34. STORM DRAIN TRIBUTARY PATTERN: This project must follow the existing storm drain tributary pattern. Any deviations require additional analysis and approval by Public Works during building plan review. The project shall not negatively impact the drainage pattern for adjacent properties.
35. GRADING AND EXCAVATION PERMIT: A Grading Permit is 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. Add the following note: “THIS GRADING
PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR
REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.”
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20 36. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc.
37. CIVIL ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan.
38. SOILS ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use.
39. DIRECT CONNECTIONS TO STORM DRAIN SYSTEM: If the project proposes to replace and/or add connections to the City maintained storm drain system, then the applicant may be responsible for improvements to the system. These improvements may include, but not limited to, upsizing the storm drain facility, replacing or adding City standard catch basins, pipes and manholes. THIS MAY INCLUDE REPLACING BRICK AND MORTAR MANHOLES. The extent of required improvements will be at the public works staff discretion and shall be consistent with Storm Drain Master Plan and Public Works Construction Standards. Any work on the city's storm drain systems requires permits and inspection by Public Works inspectors.
40. CCTV OF STORM DRAIN SYSTEM: Post construction the applicant may be required to provide CCTV inspection of the City’s storm drain facilities to verify that any lines were not broken, cracked or damaged during construction. The video shall be high resolution and done by professional who is familiar with the process and meticulous. A CCTV inspection video is required for new storm drain connection (s) to verify proper connections were made into the City’s system and that no construction material was left behind. Videos of storm drain system may also be required where construction occurred less than 5-ft from the city’s storm drain system. Videos shall be provided from structure to structure, such as manhole to manhole. Contractor may want to conduct their own inspection in advance of construction to verify the existing pipe integrity. If existing damages are located, they shall be reported to Public Works inspectors prior to the start of construction. If not reported,
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21 the contractor may be responsible to restore the pipe segment as determined by Public Works prior to final.
41. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS
BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”.
42. SWPPP: This proposed development will disturb more than one acre of land. Accordingly, the applicant shall apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post-development project design features and temporary measures employed during construction.
43. 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 and the California Residential Code Section 322 (CRC 322).
44. CLOMR: Evidence that this document has been executed shall be provided prior to building permit issuance.
45. 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.
46. 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.
47. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet.
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22 48. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. Submit the following:
a. Provide a stamped and signed C.3 data form (April 2024 version) from SCVURPPP. https://scvurppp.org/2024/09/19/provision-c-3-data-form-2024/ b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11.
49. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit final.
50. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans.
WASTE-GAS-WATER UTILITIES
PRIOR TO ISSUANCE OF DEMOLITION PERMIT
51. The applicant shall submit a request to disconnect utility services and remove meters. The utilities demo is to be processed within 10 working days after receipt of the request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed.
52. The applicant shall submit a completed water -gas-wastewater service connection application - load sheet for the City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m. , gas in b.t.u.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain).
53. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirement s, sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes , electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the duct bank to verify cross section prior to plan approval and starting lateral
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23 installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas.
54. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc).
55. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services/laterals.
56. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA's for domestic service shall be lead free. Show the location of the RPPA on the plans.
57. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD.
WD-12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City owned meter, within 5' (feet) of the property line or City Right of Way.
58. All backflow preventer devices shall be approved by the WGW engineering division.
Inspection by the city inspector is required for the supply pipe between the meter and the assembly.
59. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the perso n/entity requesting the relocation.
60. If a new water service line installation for fire system usage is required. Show the location of the new water service on the plans. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire departme nt's requirements.
61. Each unit or building shall have its own water meter and gas meter shown on the plans.
Each parcel shall have its own water and gas service and sewer lateral connection shown on the plans.
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24 62. A sewer lateral per lot is required. Show the location of the new sewer lateral on the plans. A profile of the sewer lateral is required showing any possible conflicts with storm, electric/communications ductbanks or other utilities.
63. All existing water, gas , and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards.
64. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1' horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains /laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10' of existing trees unless otherwise approved by water, gas, and wastewater utilities and Urban Forestry. Maintain 10' between new trees and new water and wastewater services/laterals/meters unless otherwise approved by water, gas, and wastewater utilities and Urban Forestry. If 10’ separation is not feasible, project will utilize root barrier protection and maintain 5’ of separation between tr ees and water and wastewater services/laterals/meters. If any tree shown on the planting plan cannot satisfy the required separation distances, and the Water, Gas, and Wastewater utilities and Urban Forestry do not approve a reduced separation standard that would accommodate the proposed planting, the Project shall not be required to plant that tree, provided that the total number of replacement trees otherwise meets the requirements of Palo Alto Municipal Code Chapter 8.10.
The following requirements apply for the offsite improvements of the City of Palo Alto water distribution system (including but not limited to water main, meter, hydrant, services, etc.):
65. Third-Party Beneficiary: the City of Palo Alto shall be a Third -Party Beneficiary of this Project.
66. Before building application approval, developer must prepare a hydraulic model of the planned drinking water utility improvements, and the developer shall complete the water system planning review application and submit to CPAU WGW development services group.
67. Before building application approval, the developer must submit detailed design plans for the new public water main on street B shown on the preliminary utility plan dated September 26, 2025 to the City of Palo Alto Utilities (CPAU) for review and approval.
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25 68. Before building application approval, design plans must adhere to CPAU standards, guidelines, and revision comments set forth by the CPAU WGW Engineering Division.
Incorporate CPAU’s design comments into revised plans and resubmit for final approval.
69. Before building application approval, develop and submit for approval a phasing plan detailing construction of the new public water main, and abandonment of the existing public water main located in the existing easement adjacent to the Baylands Athletic Center. Phasing plan shall include work activities for abandonments, maintaining water service, and protection of public water mains.
70. The existing public water main located in the existing easement adjacent to the Baylands Athletic Center provides critical water flow and fire flow to the nearby City water distribution network. A public water main with the existing capacity shall always b e in service during all phases of construction.
71. Permittee/Contractor warranty and “Guarantee to Repair Period a. In addition to the guarantee to repair referenced below and any specific warranty mentioned in the Project specifications, Permittee’s Contractor warrants that all materials and equipment used in or incorporated into the Project will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Project will be of good quality and free from defects; and that the Project will conform with the requi rements of the Permit Documents and Applicable Code Requirements. If required, Permittee/Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Project and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions.
b. The Guarantee to Repair Period will commence upon the first dates of actual occupancy or use of portions of the Project, as reflected in the City's final notice of acceptance.
c. City of Palo Alto “Guarantee to Repair Period”: Permittee/Contractor shall:
i. Correct defective work that becomes apparent during the progress of the work or during the Guarantee to Repair Period (one year from the City's Final Notice of Acceptance); and
ii. Replace, repair, or restore to City's satisfaction any other parts of the work and any other real or personal property which is damaged or destroyed as a result of defective work or the correction of defective work, without any expense whatsoever to City. City will give notice of observed defective work with reasonable promptness to the Permittee/Contractor, and Permittee/Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than s even (7) Days after receipt of such notice. The
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26 Permittee/Contractor shall diligently and continuously prosecute such correction to completion. The Permittee/Contractor shall bear all costs of such correction, replacement, repair, or restoration and all losses resulting from such defective work, includi ng additional testing, inspection and compensation for City's services and expenses. The Permittee/Contractor shall perform corrective work at such times that are acceptable to City and in such a manner as to avoid disruption, to the extent practicable. Ordinary wear and tear, unusual abuse, or neglect are excepted from this guarantee.
Permittee/Contractor shall notify City upon completion of repairs. The Insurance requirements from the City's Street Work Permit will apply throughout the Permittee/Contractors Guarantee to Repair period.
PUBLIC WORKS ELECTRIC UTILITIES
72. UTILITY EASEMENT REQUIRED. Prior to energization, a public utility easement is required to provide access to the proposed transformer s. This can either be provided through separate instrument and documented on the tentative and final map or dedicated through the tentative and final map process.
73. UTILITIES APPLICATION. Changes to existing electric utilities equipment on site, such as the transformer, will require a utilities application. Submit a utilities application and obtain City of Palo Alto Utilities Electrical Engineering approval for the mo difications to the electrical system.
74. UTILITY DISCONNECT. The applicant shall submit a request to disconnect all existing utility services proposed for removal, including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and, as applicable, removed.
75. UTILITIES SHOWN ON LANDSCAPE PLANS. All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials.
In addition, all aboveground equipment shall be screened in a manner that is consistent with the building design and setback requirements.
76. PERMIT. Contractors and developers shall obtain permit from the Department of Public Works before digging in the street right -of-way. This includes sidewalks, driveways and planter strips.
77. UNDERGROUND SERVICES ALERT. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be checked for underground facility
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27 marking shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete.
78. CITY STANDARDS. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling.
PUBLIC WORKS ZERO WASTE
79. 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.paloalto.gov/deconstruction.
80. 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.
81. 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.paloalto.gov/deconstruction.
PUBLIC WORKS WATER QUALITY
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT:
82. Stormwater treatment measures:
a. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. b. 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.
83. Stormwater quality protection:
a. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. b. Drain downspouts to landscaping (outward from building as needed).
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28 c. PAMC 16.09.180(b)(5) Condensate from HVAC -Condensate lines shall not be connected or allowed to drain to the storm drain system. Drain HVAC fluids from roofs and other areas to landscaping.
d. 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.
PUBLIC WORKS URBAN FORESTRY
84. URBAN FORESTRY STANDARD CONDITIONS: In addition to any project specific Urban Forestry Conditions of Approval listed here, the Urban Forestry Standard Conditions listed on the T-1 Sheet Set included in the plans for this project still apply.
85. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO): During the permit phase of the project, applicant must provide all components of an MWELO submission for review.
Please see the document titled “Model Water Efficient Landscape Ordinance (MWELO) Compliance Submittals and Guidelines”
(https://paloalto.gov/civicax/filebank/documents/76159) to determine the specific submission requirements for the project scope. Please follow the instructions in the above document when submitting your MWELO package as part of the permit application and plan set.
86. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all tree protection, tree inspection schedules, design recommendations, construction impact mitigation measures, and construction scheduling as stated in the Preliminary Arborist Report by Hort Science Bartlett Consulting dated August 2025 and any standard measures listed in the T-1 Sheet Set, 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.
87. PROJECT ARBORIST REQUIRED: The property owner or contractor shall hire a designated arborist to ensure the project conforms to all Planning and Urban Forestry conditions related to landscaping/trees. The project arborist must be included in a mandatory preconstruction meeting and be present during any rough grading and trenching activities occurring within 10-feet of a Tree Protection Zone, and for any approved activities inside a Tree Protection Zone.
88. PROJECT ARBORIST CERTIFICATION FORM REQUIRED: During the building permit phase, the project arborist must submit an online form
[https://us.openforms.com/Form/2262bf1ac26f-4c04-8daa-15dbd9c8e08e] certifying that they have reviewed the building permit plan set with regards to trees as well as any Urban Forestry Conditions of Approval, and that all requirements have been met. The letter also
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29 confirms that any required site monitoring inspections and reporting have been arranged in advance with the contractor or owner. Project Arborist Certification Forms should be included as supporting documents when submitting an application for a building permit that required prior approval through Planning (See Project Arborist Certification Form, TLTM Section 5.03.5).
89. MONTHLY ARBORIST INSPECTIONS REQUIRED: The project arborist shall perform monthly inspections to monitor changing conditions and tree health. The Urban Forester shall be in receipt of an inspection summary during the first week of each calendar month or, immediately if there are any changes to the approved plans or protection measures.
Reports should be submitted via the online form
[https://us.openforms.com/Form/ca5003f1-6836-4789-b534-b4dff1d457b1] (see Tree Monitoring Reports, TLTM Section 5.03.6).
90. ONSITE TREE REMOVAL AUTHORIZATION AND REQUIRED REPLACEMENT. The Project is authorized to remove up to 218 trees. This project approval incorporates a Tree Removal Permit for removal of these trees. The Project shall replace the removed trees by planting approximately 648 trees total. Replacement planting shall be provided in compliance with Palo Alto Municipal Code Chapter 8.10 (Tree and Landscape Preservation and Management). At least 50 percent of the replacement trees shall be California native species. The final replacement species mix, tree sizes, and planting locations shall be subject to review and approval by the Planning Division and Urban Forestry prior to issuance of building permits.
91. OFFSITE TREE REMOVAL AUTHORIZATION AND REQUIRED REPLACEMENT. The project is authorized to remove two protected offsite street trees, as shown on the Plans. This project approval incorporates a Tree Removal Permit for removal of these trees.
92. REQUIRED STREET TREES: Based on plans submitted with this application, a minimum of five (5) new street trees will be required. These trees must be a minimum of 24” Box size and be planted per City of Palo Alto Standard Drawings 603 or 604 depending on planting locations.
Irrigation to new street trees is required per City of Palo Alto Standard Drawings 510 or 513 depending on planting locations.
93. CITY TREE REMOVAL REQUIREMENTS. The City adopted Ordinance No. ____ authorizing and approving a process to remove certain City-owned eucalyptus trees at/near the Baylands Athletic Center (“City Trees”) if impacted by Project grading, and requiring the Applicant to comply with certain monitoring and reporting requirements, and pay a tree-replacement contribution to fund replacement plantings, as set forth below.
a. UPDATED ARBORIST REPORT PRIOR TO GRADING PERMIT. In connection with submittal of Project grading permit application(s) involving work along the shared boundary with the Baylands Athletic Center, the Applicant shall submit to
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30 the City’s Urban Forestry Section (“Urban Forestry”) an updated arborist report prepared by a certified arborist identifying any City Trees located on the Baylands Athletic Center property that must be removed to facilitate grading or site access. Upon application to and review by Urban Forestry, Urban Forestry shall issue a Tree Removal Permit under PAMC section 8.04.040 for those City Trees identified where the Tree Protection Zone is so impacted that the tree will be prone to become unstable or unlikely to survive and otherwise in compliance with the requirements in PAMC Ch. 8.04. The scope of Urban Forestry’s review shall be limited to making this determination. Applicant shall be responsible for removal of the City Tree(s) to be removed. Applicant shall notify Urban Forestry at least 14 calendar days in advance of any scheduled tree removals.
b. MONITORING AND REPORTING OF REMAINING TREES. During grading activities, the Applicant shall retain a licensed arborist to be present for any excavation work within the Tree Protection Zones of any City Tree. During active grading work, the arborist shall conduct monthly inspections of the remaining City Trees.
Upon completion of grading, the arborist shall conduct quarterly inspections of the remaining City Trees for the duration of Project construction. The purpose of such inspections shall be to assess City Tree health and identify any City Trees that either (a) pose an imminent hazard to public health or safety, or (b) are unlikely to survive as a result of grading impacts. For City Trees that pose an imminent hazard to public health or safety, Applicant shall notify Urban Forestry (including its on-call staff if after hours) and shall remove the tree after receiving a Tree Removal Permit or other City authorization, including over-the-phone approval for emergency issues. For any City Tree that is unlikely to survive as a result of grading impacts, Applicant shall remove any such City Tree following application and issuance of a Tree Removal Permit by Urban Forestry. Applicant shall notify Urban Forestry at least 14 calendar days in advance of any such tree removal.
c. TREE REPLACEMENT CONTRIBUTION. Prior to issuance of a Certificate of Occupancy for the Project, the Applicant shall remit to the City payment for replacement of the City Trees (the “Tree Replacement Contribution”). The Tree Replacement Contribution shall be calculated based on the canopy width of the City Trees that were removed using Table 3-1 of the City of Palo Alto’s Tree Technical Manual. The canopy width of the City Trees shall be based on the canopy width as measured in the Arborist Report described in Recital E. The Tree Replacement Contribution shall be $1,250 per each 24” box tree required. Urban Forestry Section and Parks Golf and Open Space shall use these funds to plant and establish replacement trees on the BAC property.
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31 SECTION 10. Conditions of Approval Conditional Use Permit.
Planning
1. CONFORMANCE WITH PLANS. The use of the site shall include up to 145 residential units in accordance with the approved plans entitled, "2100 -2400 Geng Road, Palo Alto, CA” stamped as received by the City on January 30, 2026 , on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval.
2. NUISANCES AND NOISE. Noise levels shall not exceed the maximum level established in the PAMC Chapter 9.10.
3. 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.
4. COMMON AREA LIGHTING. Light fixtures shall come on at dusk and off at dawn. Lighting shall have continuous dimming capability to maintain design footcandles when areas are occupied or not.
5. REVOCATION OF APPROVAL. The director may issue a notice of noncompliance for any failure to comply with any condition of this permit approval, or when a use conducted pursuant to a Conditional Use Permit is being conducted in a manner detrimental to the public health, safety, and welfare.
6. 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 t he litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice.
7. 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, Steven Switzer at [email protected] to schedule this inspection.
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32 SECTION 11. Conditions of Approval Vesting Tentative Map.
Planning
1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled “Vesting Tentative Map 2100-2400 Geng Road For Condominium Purposes City of Palo Alto, California”, prepared by CBG Civil Engineers and submitted January 30, 2026, except as modified to incorporate the conditions of this approval.
2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services.
3. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto’s Municipal Code provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R’s.
a. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas within the property, shall at all times comply with the City’s Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code.
b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes.
c. MAINTENANCE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)).
d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).)
e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees,
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33 customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities.
f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances.
g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters.
h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL.
Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney.
i. CITY’S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents.
j. NO WAIVER OF CITY’S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective.
k. CITY’S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City’s failure to exercise
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34 any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy.
l. SEVERABILITY. Invalidation of any one of the City’s required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
4. ADDITIONAL CC&R REQUIREMENT. The CC&Rs shall also include a provision that dictates the responsibilities of residents for the trash pickup for the townhomes as shown in the approved plan set.
5. AVIGATION EASEMENT. Dedication of an avigation easement to the County of Santa Clara shall be required prior to building permit issuance. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of the Palo Alto Airport Comprehensive Land Use Plan (CLUP).
https://plandev.santaclaracounty.gov/hearings-and-committees/airport-land-use- commission
6. AVIGATION DEED NOTICE. Prior to building permit issuance a deed notice shall be required to be recorded with the County Clerk-Recorder disclosing that the property is subject to routine overflights and associated noise and other impacts by aircraft operating at a nearby airport. The deed notice shall be similar to that shown in Exhibit 2 in Appendix A of the Palo Alto Airport Comprehensive Land Use Plan (CLUP). https://plandev.santaclaracounty.gov/hearings-and-committees/airport-land-use- commission
7. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision, as detailed in the Site and Design Approval Conditions. At the time of the final map. parkland dedication in-lieu fees shall be required to be paid or may be deferred to occupancy in accordance with the requirements under PAMC 16.64.030.
8. 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.
Public Works Engineering
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35 9. 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.paloalto.gov/Departments/Public-Works/Engineering-Services/Forms-and- Permits
10. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. THE AGREEMENT SHALL BE EXECUTED PRIOR TO MAP
RECORDATION OR ISSUANCE OF ANY PERMITS FOR CONSTRUCTION, ONSITE AND OFFSITE. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount.
11. FINAL MAP: This project is subject to, and contingent upon the approval of a tentative map and recordation of a Final Map. The submittal, approval and recordation of the Map shall be in accordance with the provisions of the California Subdivision Map Act and Palo Alto Municipal Code Title 21 Subdivision requirements. All existing and proposed property lines, easements, dedications shown on the tentative map are subject to City’s technical review and staff approval during the map process prior to issuance of any construction permits.
12. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements.
13. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS: As part of the plan review for improvements within the public right-of-way, any existing improvements to be re-used by the project, which are not to current City standards and are not specifically in these project conditions (such as streetlights, utility covers and lids, etc.), shall be upgraded to current City standards as required by the Director of Public Works and the Director of Utilities.
14. MODIFICATIONS TO EXISTING PUBLIC UTILITIES: The Developer is responsible for any changes or modifications to existing utilities, streets, and public infrastructure within or adjacent to the project site. This includes, but is not limited to, the relocation of utility facilities, conduits, or vaults required due to grade changes in the sidewalk area resulting from the development.
15. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS: The Developer is responsible for repairing any damage to existing public improvements fronting or adjacent to the project site caused by construction, to the satisfaction of the Public Works Department.
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36 16. EXISTING UTILITY ABANDONMENT AND/OR RELOCATION: The Developer is responsible for researching all existing utility lines to ensure there are no conflicts with the project.
Any existing utility lines (public or private) or their appurtenances that conflict with the project or do not serve it must be capped, abandoned, removed, relocated, or disposed of to the satisfaction of the City.
17. RE-USE OF EXISTING STORM DRAINS: The re-use of existing City storm drain service lines and appurtenances is subject to City review and approval. The Developer’s contractor shall expose the existing storm drain facilities during construction for City inspection or provide video documentation of their condition. Any deficient facilities, as determined by Public Works, must be replaced by the Developer.
18. STORM DRAIN TRIBUTARY PATTERN: This project must follow the existing storm drain tributary pattern. Any deviations require additional analysis and approval by Public Works during plan review. The project shall not negatively impact the drainage pattern for adjacent properties.
19. GRADING AND EXCAVATION PERMIT: A Grading Permit is 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. Add the following note:
“THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE
SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.”
20. ROUGH GRADING: provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, elevator pit elevation, ground monitoring wells, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for access, crane locations (if any), tree protection measures, etc.
21. CIVIL ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan.
22. SOILS ENGINEER CERTIFICATION: Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes
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37 made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use.
23. DIRECT CONNECTIONS TO STORM DRAIN SYSTEM: If the project proposes to replace and/or add connections to the City maintained storm drain system, then the applicant may be responsible for improvements to the system. These improvements may include, but not limited to, upsizing the storm drain facility, replacing or adding City standard catch basins, pipes and manholes. THIS MAY INCLUDE REPLACING BRICK AND MORTAR MANHOLES. The extent of required improvements will be at the public works staff discretion and shall be consistent with Storm Drain Master Plan and Public Works Construction Standards. Any work on the city's storm drain systems requires permits and inspection by Public Works inspectors.
24. CCTV OF STORM DRAIN SYSTEM: Post construction the applicant may be required to provide CCTV inspection of the City’s storm drain facilities to verify that any lines were not broken, cracked or damaged during construction. The video shall be high resolution and done by professional who is familiar with the process and meticulous. A CCTV inspection video is required for new storm drain connection (s) to verify proper connections were made into the City’s system and that no construction material was left behind. Videos of storm drain system may also be required where construction occurred less than 5-ft from the city’s storm drain system. Videos shall be provided from structure to structure, such as manhole to manhole. Contractor may want to conduct their own inspection in advance of construction to verify the existing pipe integrity. If existing damages are located, they shall be reported to Public Works inspectors prior to the start of construction. If not reported, the contractor may be responsible to restore the pipe segment as determined by Public Works prior to final.
25. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS
BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”.
26. SWPPP: This proposed development will disturb more than one acre of land.
Accordingly, the applicant shall apply for coverage under the State Water Resources Control Board’s (SWRCB) NPDES general permit for storm water discharge associated with construction activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to obtain coverage under the permit. The General Permit requires the applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP).
The applicant is required to submit two copies of the NOI and the draft SWPPP to the Public Works Department for review and approval prior to issuance of the building permit. The SWPPP should include both permanent, post-development project design features and temporary measures employed during construction.
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38 27. 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 and the California Residential Code Section 322 (CRC 322).
28. CLOMR: Evidence that this document has been executed shall be provided prior to building permit issuance.
29. 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.
30. 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.
31. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet.
32. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11.
Submit the following:
c. Provide a stamped and signed C.3 data form (April 2024 version) from SCVURPPP. https://scvurppp.org/2024/09/19/provision-c-3-data-form-2024/ d. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11.
33. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit final.
34. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third-party reviewer shall submit to the City a
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39 certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans.
SECTION 12. Terms of Approval.
The effective date of the approvals in this Record of Land Use Action shall be the effective date of the related Park Improvement Ordinance No. ____ (“Effective Date”).
1. Site and Design Application. In the event actual construction of the project is not commenced within two years of the Effective Date, the approval shall expire and be of no further force or effect. An extension may be granted in accordance with the allowances set forth in the municipal code and state law.
2. Conditional Use Permit. The project approval shall be valid for a period of two years from the Effective Date. In the event the use does not commence within the time limit specified above, the approval shall expire and be of no further force or effect. An extension may be granted in accordance with the allowances set forth in the municipal code. Additionally, following commencement, a Use Permit that has not been used for a period of one (1) year or more shall become null and void (PAMC 18.77.100).
3. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the Effective Date, the Vesting Tentative Map shall expire and all proceedings shall terminate. An extension may be granted in accordance with the allowances set forth in the municipal code and the Subdivision Map Act.
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INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
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40 ATTEST: APPROVED:
_________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM:
___________________________ ___________________________ Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
PLANS AND DRAWINGS REFERENCED:
Those plans titled “C5_2100-2400 Geng Road” consisting of 101 pages, dated and submitted January 30, 2026.
Those plans titled “C5_2100-2400 Geng Road VTM PLANS ” consisting of 12 pages, dated and submitted January 30, 2026.
A copy of these plans are on file with the Department of Planning and Development Services.