Palo Alto City Council
May 11, 2026

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DRAFT ACTION NO. 2026-__

RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 3781 EL CAMINO REAL: MAJOR ARCHITECTURAL REVIEW
[24PLN-00161]
On _________, 2026, the City Council of the City of Palo Alto (“City Council”) approved a Major Architectural Review application for development of 183 residential rental units (“the project”). In approving the application, Council makes the following findings, determinations, and declarations:

SECTION 1. Background.

A. On February 15, 2024, Camino Real Development LLC & Kendall Investors, LLC 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 June 10, 2024, Camino Real Development LLC & Kendall Investors filed an Architectural Review application (24PLN-00161) for construction of a 183 rental unit residential project to merge four existing lots to create a single resulting 63,025-square-foot parcel (1.49 acres). The project includes 177 base units and 6 density bonus units, for a total of 183 units, as well as 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: Build-to-lines (90% of frontage built to setbacks where a maximum 50% along El Camino Real is required)
Waiver 2: Upper Story Step Back (None proposed where a 10-foot step-back above 55 feet in height is required)
Waiver 3: Lot Coverage (83% where maximum 80% is allowed) Waiver 4: Front setback (15 feet along Curtner Avenue, minimum 20 feet is required)
Waiver 5: Rear and Side Daylight Plane (None provided where 10 feet at lot line then 45-degree angle is required)
Waiver 6: Housing typologies (one to two-acre lots are required to provide a minimum of two housing types)
Waiver 7: Street Trees (9 trees provided, required 16 trees) C. The project site is comprised of four existing lots: APN No. 132-41-084, approximately 9,160 square feet, developed with mixed-use; APN No. 132-41-083, approximately 18,376 square feet, developed with a commercial use; APN No. 132-41-020, approximately 29,618 square feet, developed with a multi-family residential use; APN No. 132- 41-019, approximately 5,627 square feet, developed with a multi-family residential use.

Adjacent uses include a mix of commercial and low-intensity, one-story and two-story buildings, as well as low density residential uses surrounded by surface parking. 2 1
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D. Following staff review, the Architectural Review Board held a duly noticed public hearing to review the Major Architectural Review application on January 15, 2026, and recommended approval to City Council.

E. 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.

SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined the project is exempt from California Environmental Quality Act (CEQA) in accordance with AB 130 [Public Resources Code section 21080.66]. Documentation to support the streamlined review is available as part of the public record on file with the Planning and Development Services Division.

SECTION 3. Architectural Review Findings. In order to make a recommendation of approval, the project must comply with the following Findings for Architectural Review as required in Chapter

18.76.020 of the PAMC.

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.

A summary of the project’s consistency with the Comprehensive Plan is provided in this table. Because the project is a “builder’s remedy project,” as defined in Gov. Code section 65589.5(h)(11), and in accordance with Gov. Code section 65589.5(f)(6)(A), the project is required to comply only with objective, quantifiable, written development standards, conditions, and policies that would have applied to the project had it been proposed on a site with a general plan designation and zoning classification that allow the density and unit type proposed by the applicant. Moreover, in accordance with Gov.

Code section 65589.5(f)(6)(D)(iii), a project that complies with such objective standards, conditions, and policies “shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes.” 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 Neighborhood Commercial (CN)
and Multiple-Family Residential (MF).

Consistent with the Comprehensive Plan’s
encouragement of housing near transit
centers, higher density multi-family housing
may be allowed in specific locations in the
Neighborhood Commercial land use
designation. The project is located along a
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high-quality transit corridor and the portions
of the project site that are within these land
use designations are identified as Housing
Inventory Sites under the adopted Housing
Element. Therefore, the proposed use multi-
family residential use is consistent with these
Comprehensive Plan land use designations.

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 law is
provided. The project provides the necessary
upgrades to infrastructure on the site to
provide new high-quality rental 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
Goal L-1 A compact and resilient city providing
residents and visitors with attractive
neighborhoods, work places, shopping
districts, public facilities and open spaces.

The project redevelops existing developed
parcels and provides an attractive
development that is generally consistent with
the City’s design criteria.

Policy L-1.3: Infill development in the urban
service area should be compatible with its
surroundings and the overall scale and
character of the city to ensure a compact,
efficient development pattern.

The project is an urban infill development
proposal in the urban service area of the city.

Policy L-1.4: Commit to creating an inventory
of below market rate housing for purchase
and rental.

The proposed residential project includes 183
rental units, and 13 percent of the base 177
units (excluding density bonus units) would be
provided at a rate affordable to low-income
households or below. This would add 23 low
income rental units to the City’s BMR housing
stock.

Goal L-2 An enhanced sense of “community”
with development designed to foster public
life, meet citywide needs and embrace the
principles of sustainability.

The project is designed to comply with
CALGreen Tier 2 requirements that
incorporate sustainable design, construction,
and operational requirements to reduce
energy and water operational costs and
increase indoor air quality for building owners
and occupants.
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Policy L-2.2 Enhance connections between
commercial and mixed use centers and the
surrounding residential neighborhoods by
promoting walkable and bikeable connections
and a diverse range of retail and services that
caters to the daily needs of residents.

The project site is located on and adjacent to
El Camino Real, a local serving and regional
serving corridor, defined by a mix of
commercial uses and housing. Caltrans
recently installed Class III and Class IV bike
lanes, which run along the project’s frontage
on El Camino Real. Residents would be able to
utilize these connections to other surrounding
areas.

Goal L-6: Well-designed buildings that create
coherent development patterns and enhance
city streets.

The project frontage along El Camino Real
provides a sidewalk and retains the existing
four street trees. Alongside Curtner Avenue,
the project proposes five new street trees for
an inviting streetscape. The project includes
high quality materials such as brick and stucco
that aid in creating a cohesive design.

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.

Parking would be screened behind the first
floor amenity spaces alongside El Camino Real
with the parking garage entrance located
along Curtner Avenue. Further, 196 parking
spaces would be provided on-site exceeding
the El Camino Real focus area parking
requirements.

Transportation Element
Policy T-3.7 Encourage pedestrian-friendly
design features such as sidewalks, street trees,
on-street parking, gathering spaces, gardens,
outdoor furniture, art and interesting
architectural details.

The project includes direct connections to the
sidewalk that help to activate the frontage
along El Camino Real in addition to new street
trees along Curtner Avenue.

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
plantings. The project includes removal of 31
trees and replaces with 72 trees, which are
proposed to be located along property lines,
in the right of way, and within open space
areas.

The South El Camino Real Design Guidelines are applicable to the project, to the extent that the standards are objective, and the site is located within the Triangle Area 5 1
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Pedestrian Node. The project is consistent with the Guidelines, below is an analysis of the applicable guidelines:

3.1.1 Effective Sidewalk Width:

Create a 12-foot effective sidewalk width
along El Camino Real
The project proposes a 12-foot effective
sidewalk width.

3.1.2 Sidewalk Setback Design:

The design of the sidewalk setback should
create an urban “downtown” character.

The proposed sidewalk setback includes
areas for short-term bicycle parking and
architectural wall lights.

3.1.3 Build to lines:

Buildings should be built up to the sidewalk
to reinforce the definition and importance of
the street.

The project provides 90% built to the setback
while still providing the effective 12-foot
sidewalk width.

3.1.5 Minimum Height:

Buildings should have a minimum height of
25 feet in order to provide presence along El
Camino Real.

The project is 82 feet in height to the
parapets.

3.3.1 Usable Amenities:

Landscape and hardscape features should
not just be visually appealing, but also
function as open space amenities to be used
and enjoyed.

The project includes outdoor seating areas,
dining areas, and three spa areas with one
cold plunge pool.

4.1.8 Expression of Use:

Building forms should be articulated as an
expression of the building use.

The project has been revised to add
additional definition to the two-story
residential entry area at the building’s
corner. The balconies also provide visible
private outdoor space, identifying the
residential uses.

4.2.1 Relationship of Entries to the Street:

Buildings should have entries directly
accessible and visible from El Camino Real.

The building has an entrance facing El
Camino Real and Leasing entrance facing
Curtner Avenue visible from El Camino Real.

4.3.6 Design Consistency on All Facades:

All exposed sides of a building should be
designed with the same level of care and
integrity.

All sides of the building use the same variety
of materials and level of detail. They are also
articulated for visual interest and to reduce
massing.

4.4.1 Amenities:

Building design should offer amenities to
users and the public such as protection from
the elements and places for people to gather
or retreat.

The project provides a number of public and
private gathering areas.

4.5.1 Flat Roofs and Parapets Encouraged.

Flat roofs with parapets are strongly
encouraged.

The proposed building has a flat roof with
parapet design.
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4.8.1 Mix of Materials:

Juxtaposition of contrasting materials can
create interest when carefully integrated.

This project includes stucco, brick, glass,
wood-like panel soffits, and metal in a
composed design.

2.The project has a unified and coherent design, that:
a.creates an internal sense of order and desirable environment for occupants, visitors, and the general community,
b.preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant,
c.is consistent with the context-based design criteria of the applicable zone district,
d.provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations,
e.enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas.

The project is consistent with Finding #2 because:

The project is comprised of various residential amenity spaces at the first floor, third floor, and seventh floor and offers short-term bike racks for visitors and well as long-term bike lockers for residents. There is pedestrian access from El Camino Real and Curtner Avenue to promote walkability and connectivity. However, cars can only enter the garage on Curtner Avenue, as required per the objective standards. The pedestrian walkways are paved with attractive materials and landscaped. The project proposes to construct a building that is generally taller than the immediately surrounding buildings. However, adjacent to the project site to the north, there is another recently built residential building that is four stories in height.

The proposed project is consistent with the findings to provide high quality materials and finishes in a neutral color palette. The building will have residential amenity spaces on the first floor with a majority of those spaces utilizing glazing, which helps to engage the sidewalk.

While the project at 82 feet in height exceeds surrounding development, the project complies with the height limits within the El Camino Real Focus Area and deviates from the objective standards in a manner consistent with State law.

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 is consistent with Finding #3 because:
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The project proposes a contemporary style that is recognizable along the El Camino Real corridor overall and aligns with the recent residential development to the north of the project site. The project uses materials such as stucco, brick, wood-like panel soffits, and metal railings on the balconies and metal awnings. As conditioned, the stucco surfaces will be a smooth finish texture. The proposed colors are neutral and are compatible with surrounding color schemes.

The project is located within an area subject to the adopted El Camino Design Guidelines and South El Camino Real Guidelines and is consistent with objective standards set forth in these guidelines.

4.The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.).

The project is consistent with Finding #4 because:

The design of the new building includes wider sidewalks and does not provide any new curb cuts along El Camino Real, which would have otherwise created additional points of conflict with the existing bicycles lanes. The entrance to the parking garage utilizes the existing curb cut on Curtner Avenue. Additionally, there will be 144 long-term bike parking spaces. Four short- term spaces are proposed, and, as conditioned, short-term bicycle parking spaces will increase in accordance with CALgreen requirements, providing increased bicycle infrastructure in accordance with the code, an improvement from existing conditions. Although there are fewer bike spaces than required by the municipal code, this discrepancy is not a basis for project denial under the builder’s remedy provision of the Housing Accountability Act especially given that, as conditioned, the project complies with CALgreen requirements. There are both common and private open spaces available, including private decks for a majority of rental units.

5.The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained.

The project is consistent with Finding #5 because:

The project will provide a variety of drought-tolerant planting, including plantings 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 on the terraces of the building.
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6.The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning.

The project is consistent with Finding #6 because:

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.

SECTION 4. Conditions of Approval Architectural Review.

Planning

1. CONFORMANCE WITH PLANS. Construction and development shall be in substantial conformance with the approved plans entitled, "3781 El Camino Real – Major Architectural Review” uploaded to the Palo Alto Online Permitting Services Citizen Portal on March 17, 2026, as modified by these conditions of approval.

2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions provided in this document. A copy of this cover letter and conditions of approval shall be printed on the second page of the plans submitted for building permit.

3. 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 177 base 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.

4. RENTER PROTECTIONS. The project is subject to the renter protection requirements set forth in PAMC Section 9.68.060 for no fault evictions for rental properties with more than 10 units. This includes either rental fee waiver for the last month or relocation assistance as detailed in the municipal code. Notification requirements in accordance with the code is required. Documentation showing compliance with these code requirements must be provided to the project planner prior to issuance of a demolition/deconstruction permit.

5. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for 9 1
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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.

6. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set prior to occupancy and shall be permanently maintained and replaced as necessary.

7. STANDARD CONDITION FOR VAPOR INTRUSION. For projects which are known to be subject to risk of vapor intrusion, the applicant shall assess site conditions to determine both the nature and extent of contamination. If contamination at the site exceeds the most current environmental screening levels (ESLs) identified by the Regional Water Quality Control Board (RWQCB) for volatile organic compounds, the applicant shall prepare and submit a Site Management and Contingency Plan (SMCP) to either the Department of Toxic Substances Control (DTSC), RWQCB, or the County of Santa Clara Department of Environmental Health for approval. The SMCP shall include details regarding the pending development and propose remediation and/or mitigation to address any environmental risk identified in the site assessment. The applicant shall agree to and implement all recommendations of the reviewing regulatory agency approving the SMCP in order to reduce the exposure of future occupants to vapor intrusion. A copy of the approved SMCP shall be submitted to the Director of Planning prior to issuance of a building permit. If the reviewing agency requires that a vapor intrusion barrier system be installed, the VIMs shall be document in the building permit plan set prior to issuance of the building permit.

Post construction indoor air monitoring shall be conducted for any VIMS systems and shall comply with the specific recommendations set forth by the regulatory agency approving the SMCP.

8. STANDARD CONDITION NESTING BIRD SURVEY. 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 10 1
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shall be prepared by a qualified biologist and submitted to the Director of Planning prior to final planning inspection.

9. CULTURAL SENSITIVITY TRAINING. Prior to issuance of any grading permit, the project applicant shall be required to submit evidence that a Cultural Awareness Training program has been provided to construction personnel. The training shall be facilitated by a qualified archaeologist in collaboration with a Native American representative registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3.

10. SUB-SURFACE MONITORING. Prior to issuance of any tree removal, grading, demolition, and/or building permits or activities, the applicant shall notify the Director of Planning, of grading and construction dates and activities that require a qualified archeologist and Native American monitor to be present on the project site. The City shall then notify the tribe via e-mail correspondence 10 days prior to any grading or construction activities. If the tribe chooses not to send a monitor or does not respond within the 10 days, work shall continue without the monitor.

11. ARCHEOLOGICAL AND CULTURAL MONITORING. A qualified archaeologist and a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall be present during earthmoving activities including, trenching, initial or full grading, scraping or blading, lifting of foundation, boring, drilling, or major landscaping. The qualified archaeologist and Native American monitor shall have the authority to halt construction activities within 50 feet of a discovery in the event any cultural materials are encountered during ground-disturbing construction activities. The qualified archeologist and Native American monitor shall keep a daily monitoring log on days that monitoring occurs documenting construction activities that were monitored, location of the monitoring, and any cultural materials identified.

These daily monitoring logs shall be made available to the City upon request.

12. ARCHEOLOGICAL AND CULTURAL TREATMENT PLAN. In the event any significant cultural materials are encountered during construction, construction within a radius of 50 feet of the find would be halted, the Director of Planning shall be notified, and the on-site qualified archaeologist, in collaboration with the Native American Monitor, shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate treatment of the resource.

The qualified archeologist in collaboration with a Native American monitor, registered with the Native American Heritage Commission for the City of Palo Alto and that is traditionally 11 1
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and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall prepare and implement a treatment plan that reflects permit-level detail pertaining to depths and locations of excavation activities. The treatment plan shall contain, at a minimum:

1. Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations.

2. Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found).

3. Monitoring schedules and individuals.

4. Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information).

5. Detailed field strategy to record, recover, or avoid the finds and address research goals.

6. Analytical methods.

7. Report structure and outline of document contents.

8. Disposition of the artifacts.

9. Security approaches or protocols for finds.

10. Appendices: all site records, correspondence, and consultation with Native Americans, etc.

The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan must be reviewed and approved by the Director of Planning, or the Director’s designee prior to implementation of the plan.

13. ARCHEOLOGICAL AND CULTURAL EVALUATION. The project applicant shall notify the Director of Planning, Native American Monitor, and Archeological Monitor, of any finds during grading or other construction activities. Any historic or prehistoric material identified in the project area during excavation activities shall be evaluated for eligibility for listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. Data recovery methods may include, but are not limited to, backhoe trenching, shovel test, hand augering, and hand-excavation. The techniques used for data recovery shall follow the protocols identified in the approved treatment plan. Data recovery shall include excavation and exposure of features, field documentation, and recordation. All documentation and recordation shall be submitted to the Northwest Information Center, and the Director of Planning.

14. UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL AND TRIBAL CULTURAL RESOURCES. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has 12 1
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made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the County Coroner must be notified immediately. If the human remains are determined to be of Native American origin, the Coroner will notify the Native American Heritage Commission, which will determine and notify a most likely descendant (MLD). The MLD has 48 hours from being granted site access to make recommendations for the disposition of the remains. If the MLD does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from subsequent disturbance.

15. The project shall be revised to comply with the applicable CalGreen requirements, including but not limited to meeting Electric vehicle and bicycle parking requirements.

16. In accordance with Mitigation measure Air 2a of the Comprehensive Plan EIR, these BMPs shall be implemented during all demolition, grading, and construction activities to reduce construction-related particulate emissions:

1. Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day or covered.

2. Haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. Visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. Vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

5. Roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Chapter13, Section 2485 of California Code of Regulations [CCR]). Clear signage explaining this rule shall be provided for construction workers at all access points.

7. Construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. Equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

8. A publicly visible sign shall be posted with the telephone number and name of an individual working for the construction contractor who can be contacted regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
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17. NOISE MITIGATION IN CONFORMANCE WITH COMPREHENSIVE PLAN POLICY N6.11.1 AND MITIGATION MEASURE NOISE-8 IN THE COMPREHENSIVE PLAN EIR. Noise control measures would include, but not be limited to, the following BMPs that would further decrease the project’s noise impacts during construction:
The contractor shall use “new technology” power construction equipment with state-of-the art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poorly maintained engines or other components.
The unnecessary idling of internal combustion engines shall be prohibited. Staging areas and stationary noise-generating equipment shall be located as far as possible from noise-sensitive receptors such as residential uses (a minimum of 200 feet)
 The surrounding neighborhood shall be notified early and frequently of the construction activities.
A “noise disturbance coordinator” shall be designated to respond to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.) and institute reasonable measures warranted to correct the problem. A telephone number for the disturbance coordinator would be conspicuously posted at the construction site.
Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists.
Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment.
Construct temporary noise barriers, where feasible, to screen stationary noise- generating equipment when located within 200 feet of adjoining sensitive land uses.

Temporary noise barrier fences would provide a 5dBA noise reduction if the noise barrier interrupts the line of- sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps. If stationary noise-generating equipment must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used. Any enclosure openings or venting shall face away from sensitive receptors. Ensure that generators, compressors, and pumps are housed in acoustical enclosures.
Locate cranes as far from adjoining noise-sensitive receptors as possible. During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible.
Substitute nail guns for manual hammering, where feasible. Substitute electrically powered tools for noisier pneumatic tools, where feasible. 14 1
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Prior to building permit issuance the contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.

18. NOISE MITIGATION IN CONFORMANCE WITH COMPREHENSIVE POLICY N6.11.1 AND MITIGATION MEASURE NOISE-5a IN THE COMPREHENSIVE PLAN EIR. The project proponent shall implement a construction vibration monitoring plan to document conditions prior to, during, and after vibration generating construction activities for the adjacent residential uses. All plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry-accepted standard methods. The construction vibration monitoring plan shall be submitted to the City prior to issuance of a Grading or Building Permit and shall include, but not be limited to, the following measures:
The report shall include a description of measurement methods, equipment used, calibration certificates, and graphics as required to clearly identify vibration- monitoring locations.
A list of all heavy construction equipment to be used for this project and the anticipated time duration of using the equipment that is known to produce high vibration levels (clam shovel drops, vibratory rollers, hoe rams, large bulldozers, caisson drillings, loaded trucks, jackhammers, etc.) shall be submitted to the Director of Planning and Development Services or Director’s designee of the Department of Planning & Development by the contractor. This list shall be used to identify equipment and activities that could exceed the 0.3 PPV threshold at the adjacent residential uses based on the planned equipment, location, and duration of use.

Where project construction activities may be anticipated to exceed the threshold, the applicant shall provide a plan to show how levels would be reduced by phasing activities that are known to cause excessive vibration, utilizing alternative equipment, and/or reducing the time period that the equipment is being used. Where possible, use of the heavy vibration-generating construction equipment shall be prohibited within 20 feet of the adjacent residential uses. oSmaller equipment (less than 18,000 pounds) must be used near the property lines adjacent to the existing residential uses 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 feet of the adjacent residential buildings. 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. oAvoid using vibratory rollers and clam shovel drops within 20 feet of the adjacent residential uses.
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oSelect demolition methods that do not involve large impact tools such as hoe-rams within 20 feet of the eastern property line. Portable jackhammers, saws, or grinders shall be used to minimize impacts to the ground. oAvoid 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 residential uses. • Develop a vibration monitoring and construction contingency plan to identify structures where monitoring would be conducted, set up a vibration monitoring schedule, define structure-specific vibration limits, and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Construction contingencies shall be identified for when vibration levels approach the limits of 0.3 in/sec PPV at the adjacent residential buildings. • At a minimum, vibration monitoring shall be conducted during demolition and excavation activities.
• Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.
Conduct a post-construction survey on structures where either monitoring has indicated high vibration levels or complaints of damage has been made. Make appropriate repairs or compensation where damage has occurred as a result of construction activities.

19. 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. In addition, all rooftop gardens/decks shall comply with the provisions of PAMC 18.42.230.

20. 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. At building permit, provide the proposed HVAC specifications. If the proposed decibel level of the HVAC exceeds the decibel level of the HVAC evaluated in the CEQA analysis, a noise analysis of the proposed equipment’s consistency with the municipal code shall be required.

21. NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis submitted at building permit for noise producing equipment projects noise levels at or within 5 dB less than the Noise Ordinance limits, the applicant shall demonstrate the installed equipment complies with the anticipated noise levels and the Noise Ordinance prior to final Planning inspection approval.

22. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs 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.
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23. TRASH ROOM. The trash room shall be used solely for the temporary storage of refuse and recycling that is disposed on a regular basis and shall be closed and locked during non- business hours.

24. UTILITY LOCATIONS. In no case shall utilities be placed in a location that requires equipment and/or bollards to encroach into a required parking space. In no case shall a pipeline or water and wastewater services/laterals/meters be placed within 10 feet of a proposed tree and/or tree designated to remain, or within 5 feet where root barrier protection is installed, unless otherwise approved by urban forestry and waste-gas-water.

25. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $10,029,295.09 shall be paid in accordance with PAMC Chapter 16.64. The final Development Impact Fees shall be calculated before they are due, and payment may be deferred to the date the development is approved for occupancy as set forth in PAMC Section 16.64.030 and as permitted by SB 937.

26. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED

FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90-day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6.

27. 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. 17 1
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28. 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. Contact your Project Planner, Steven Switzer at [email protected] to schedule this inspection.

Public Art

29. The project triggers the Public Art in Private Development ordinance, requiring that 1% of the estimated cost of construction be spent either on art on-site, or the payment of the equivalent funds to the Public Art Fund in-lieu of commissioning artwork on site. The applicant has not submitted a public art application at this time. Prior to issuance of a building permit, the applicant shall pay the required in-lieu contribution to the Public Art Fund or, prior to applying for a building permit, shall file a minor architectural review application to evaluate proposed public art, which shall be reviewed and approved by the public art commission. 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 and as permitted by SB 937.

Building Division

30. A complete construction set shall be submitted to the building department for review. A complete construction shall include, but is not limited to: architectural drawings, structural drawings and calculations, mechanical plans, electrical plans, plumbing plans, and Title 24 energy analysis.

31. All sheets shall be stamped and signed by the responsible designer.

32. Refer to this website below for additional building permit submittal requirements. Contact the building department for any questions.
https://www.paloalto.gov/files/assets/public/v/3/development-services/building- division/checklists/simplified/c1-new-comm-shell-checklist-07062023.pdf Transportation

33. Prior to issuance of a building permit, the applicant shall obtain a transportation analysis (TA) consistent with the City's Local Transportation Impact Analysis Policy and prepared by a consultant reasonably acceptable to the City. The applicant shall implement any mitigation measures recommended in the TA that would not render the project infeasible. Potential mitigation measures could include but not limited to; flex posts, bike boxes, bike sharrows, and/or speed bumps. At a minimum, the TA shall:
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1. Evaluate project ingress and egress operations, including driveway functionality and queuing;

2. Analyze intersection operations and impacts at the Curtner Avenue / El Camino Real intersection, considering the existing “No Right Turn on Red” restrictions;

3. Evaluate potential impacts to the suggested safe routes to school along Curtner Avenue with respect to multimodal access; and

4. Identify and recommend improvements as necessary, subject to City approval.

34. OFF SITE IMPROVEMENTS: Off-site improvement plans shall be submitted to the Office of Transportation for review and approval. These improvements shall incorporate all recommendations identified in the transportation analysis prepared for the project. Off-site improvements include, but are not limited to, design modifications that support on site circulation and prevent queuing or other operational deficiencies within the public right of way. Any proposed modifications to the public right of way shall be evaluated to ensure they can be safely accommodated given existing lane geometry.

35. TRANSPORTATION DEMAND MANAGEMENT (TDM): The applicant shall prepare and submit a final TDM Plan consistent with the Comprehensive Plan policies for the El Camino Real corridor and that demonstrates a minimum 30 percent reduction in project generated vehicle trips. The plan shall identify parking and trip reduction measures, include trip targets and a monitoring and enforcement mechanism, and designate the responsible entity for implementation.

All approved TDM measures shall be maintained for the life of the project. Monitoring reports shall be submitted two years after occupancy and annually thereafter. If performance targets are not met, the applicant shall implement modifications as required by the Director. Failure to correct deficiencies may result in administrative penalties or other enforcement actions consistent with the Municipal Code.

36. BICYCLE PARKING: In accordance with California Green Building Standards Code (CALGreen), the project shall provide one on-site short term bicycle parking space per 10,000 square feet. Short term bicycle parking spaces shall be located within 200 feet of building entrances and readily visible to passers-by.

37. LOADING ZONES: No project dedicated loading space shall be located within the public right of way. The project shall maintain at minimum one, on-site loading space.

38. CONSISTENCY WITH CALTRANS SR-82 IMPROVEMENTS: All off-site improvements shall be consistent with the recently completed Caltrans SR 82 (El Camino Real) improvements, including existing “No Parking” signage along El Camino Real. Any temporary alterations to bike lane enhancements shall be restored to existing conditions upon completion of the project.
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39. BUS SHELTER COORDINATION: Potential impacts to the existing VTA bus shelter at the intersection of Curtner Avenue and El Camino Real shall be reviewed and approved through VTA’s development review process. The applicant shall comply with all requirements issued by the transit authority.

40. DRIVEWAY SIGHT LINES: Adequate sight distance shall be preserved at all driveways.

1. Landscaping within driveway vision triangles shall be maintained at a maximum height of three (3) feet.

2. All new and existing trees shall be maintained to provide a minimum vertical clearance of seven (7) feet above grade to ensure unobstructed visibility.

41. QUEUING: Fast opening gates shall be installed and maintained to ensure that vehicle queuing does not extend into or impact the public right of way.

42. TRASH REMOVAL AND OPERATIONS: Trash bin staging and collection operations shall occur entirely on site and shall not encroach into or occur within the public right of way.

Public Works Zero Waste

43. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed.

Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction.

44. 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.

45. 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. Trash enclosure can only be used to temporarily store refuse (garbage, recycling, and compost) and not for other storage.
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46. On the plans submitted for building permit provide cut-sheets for the color-coded internal and external containers, related color-coded millwork, and its colored signage in the building plans. Trash chutes must have colored doors with colored signage that complies with PAMC 5.20.18 requirements.

47. All indoor and outdoor common spaces are required to comply with the following: As per Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse containers, related color-coded millwork, and colored signage. The three refuse containers shall include recycle (blue container), compost (green container), and garbage (black container). Applicant shall present on the plan submitted for building permit the locations and quantity of both (any) internal and external refuse containers, its millwork, along with the signage. However, for the copy/ mail area must have either a recycle bin only or all three refuse receptacles (green compost, blue recycle, and black landfill container). Please refer to PAMC 5.20.108 and the Internal Container Guide. Examples of appropriate signage can be found in the Managing Zero Waste at Your Business Guide. Electronic copies of these signage can be found on the Zero Waste Palo Alto’s website, https://www.paloalto.gov/Departments/Public-Works/Zero-Waste/What-Goes- Where/Toolkit#section-2 and hard copies can be requested from the waste hauler, Greenwaste of Palo Alto, (650) 493-4894.

Public Works Engineering

48. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms- and-Permits

49. MODIFICATIONS TO PLANS: Approval of these plans does not include approval of a vesting tentative map. The civil sheets shall be updated accordingly to reflect this or a separate subdivision map application shall be filed. A tentative map is not required for the proposed development; however, a lot merger is required.

50. LOT MERGER REVIEW: The City contracts with a third-party surveyor that will review and provide approval of the lot merger’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor, and the applicant will be responsible for payment of the fee’s indicated therein, which is based on the complexity of the lot merger.

51. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements.
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52. SPECIAL STREET LIGHT: This project is located within an area designated to have special streetlights as shown in the Special Street Light Style Placement Guide. Any new or replaced streetlights shall be installed to the standards adopted by the Public Works Department and Utility Department. https://www.paloalto.gov/files/assets/public/v/1/planning-amp- development-services/current-planning/pw-style-placement-guide-2020.pdf

53. 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.

54. 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. The Developer’s financial responsibility for storm drain facility upgrades exceeding the impacts of the development shall be limited to Developer’s fair share contribution, as reasonably determined by the Public Works Department

55. 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.

56. 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.

57. 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. The Developer’s financial responsibility for storm drain facility upgrades exceeding the impacts of the development shall be limited to Developer’s fair share contribution, as reasonably determined by the Public Works Department.

58. 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.
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59. 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.”

60. 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.

61. 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.

62. 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.

63. 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”.

64. 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 23 1
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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.

65. 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.

66. 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, safe routes to school and mitigation of construction impacts on Curtner Avenue, 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. The logistics plan shall be reviewed and approved by Public Works Department, who shall consult with the City's Chief Transportation Official and the Director of Planning and Development Services prior to approval. NOTE: Some items/tasks on the logistics plan may require an encroachment permit.

67. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet.

68. 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. 69 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.
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70 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.
71 PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities and utility lateral installations, at minimum the extent will be the project frontage on Curtner Avenue. The extent of restoration required on El Camino Real shall be determined by the Public Works Department following completion of heavy construction activities and utility lateral installations 72 IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 73 OUTSIDE AGENCY APPROVAL: A portion of the proposed work is within Caltrans right-of- way. Evidence of Caltrans approval shall be submitted prior to issuance of City permits. 74 PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is required to paint “No Dumping/Flows to Barron Creek” in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan.
75 PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (RECORD DRAWINGS): At the conclusion of the project applicant shall provide digital as-built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest.

Urban Forestry

76. Post building permit issuance all protected trees are subject to a 14-day public notice prior to their removal.

77. URBAN FORESTRY GENERAL: The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the Tree Protection Zone (TPZ). The ground under and around the tree 25 1
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canopy area shall not be altered. No waste material or construction byproducts are allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained as necessary to ensure survival.

78. TREE DAMAGE: Tree Damage, Injury Mitigation, and Inspections apply to the Contractor.

Reporting, injury mitigation measures, and arborist inspection schedule may apply pursuant to TLTM, Section 5.03.6. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and City of Palo Alto Tree and Landscape Technical Manual, Section 3.02.

79. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading, digging, potholing, or trenching within the TPZ of a protected tree shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ= 10x the tree diameter at 54" above grade) For utility trenching, including sewer line, roots exposed with a diameter of 2 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then CPA Standard Detail #504 shall be printed on the final plans and the buffer distances in TLTM Table 3-4,Trenching and Tunneling Distance, shall be implemented by Contractor. Contractor must notify the Urban Forestry Section at (650) 496-5953 in advance of conducting any approved excavation within 10-feet of any street trees (or for any protected tree on EVSE projects).

Urban Forestry may choose to monitor or review the work for compliance with the City’s Tree Protection Zone (TPZ) excavation standards.

80. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all protection and inspection schedule measures, design recommendations, and construction scheduling as stated in the Tree Preservation Report and/or 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 the final landscaping or Urban Forestry inspection of the project is completed.

81. NO NET LOSS OF CANOPY: In order to comply with the City’s no net loss of canopy policy (PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan, Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are determined by table 3-1 in the Tree and Landscape Technical Manual, Section 3.02. New landscape tree plantings (24 inch box or larger) count towards the replacement total.

Screening trees may also count toward the total depending on size and species selected. If unable to plant the required number of trees on site (our preferred solution) there is the option of paying in-lieu fees per each 24 inch box tree into the forestry fund. [Note: A replacement at ratio of 1:1 for trees listed as exempt species under PAMC 8.10.020 is recommended. Exempt trees may require full replacement on parcels zoned other than R1, RE, R-2, or RMD].
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82. PLAN CHANGES: Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to Planning and Development Services Department for review by Planning, Public Works, or Urban Forestry.

83. PLAN SET REQUIREMENTS: The final Plans submitted for a building permit shall include the location, DBH, canopy drip-line, and TPZ of all trees 4 inches DBH or greater as well as the following information and notes on relevant plan sheets:
a. T-1 SHEET SET, The building permit plan set will include the City’s full-sized, T-1 Sheet Set (Tree Protection-it's Part of the Plan!), available on the Development Center website. A certified arborist shall complete and sign the Tree Disclosure Statement.
b. TREE PRESERVATION REPORT (TPR), if indicated by Tree Disclosure Statement, All sheets of the Applicant’s TPR approved by the City for full implementation by Contractor, shall be printed on numbered T-1 Sheets (T-3, T-4, etc.) and added to the sheet index.
c. TREE PROTECTION FENCING, The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Protected Tree, using a bold dashed line enclosing the Tree Protection Zone (CPA Standard Detail #605).

Fire

84. Install a NFPA 13 Fire Sprinkler System, NFPA 14 Standpipe System, NFPA 20 fire pump, NFPA 24 Fire Underground Service, NFPA 72 voice notification fire alarm system, Emergency Responder Radio Communication System and 2-way Communication System.

85. Fire sprinkler density for parking garage shall be Extra Hazard Group 2. Fire sprinkler for residential area shall be Light Hazard .1gpm/1500 sq ft. Provide Ordinary Hazard 2 fire sprinkler density in bike storage room.

86. Knox Remote Power Boxes are required for the main electrical disconnect, secondary electrical power source disconnects and 100% garage exhaust activation.

87. PAFD Hazmat site closure permit required.

88. Garage will require a manually activated smoke exhaust system for the removal of smoke/toxic fumes in the event of vehicle fires.

89. Do not install elevator shunt trip circuit breaker. Follow 2025 CBC section 3005.4.1 and install smoke detector in elevator machine room.
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90. Install an electrical disconnect switch (EPO) for EVCE’s.

91. Install Knox key switch for Fire Department access through garage vehicle security barriers.

Overhead utilities crossing Curtner Ave shall be placed underground.

Watershed Protection
The following comments are provided as a courtesy and these conditions of approval must be complied with before receiving a Demolition Permit for this project:

92. NOTICE OF REGULATION OF PCB MATERIAL – EFFECTIVE JULY 1st, 2019: Please be advised that requirements regarding stormwater control during building demolition for polychlorinated biphenyls (PCBs) became effective starting July 1st, 2019, in accordance with the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP), Order No. R2-2015-0049. MRP Provision C.12.f. requires that San Francisco Bay Area municipalities develop a program to ensure that PCBs from building materials (e.g. caulk, paint, mastic) do not enter the storm drain system during building demolition.

Palo Alto City Council adopted the PCBs regulation in May 2019. For specific questions about your project, please email [email protected], call 650-329-2122 or visit http://www.cityofpaloalto.org/pcbdemoprogram.

93. If the project is submitting a demolition permit application on or after July 1st, 2019, the applicant shall complete and submit the “PCBs Applicant Package,” including any required sampling reports (per the Applicant Package instructions), with the demolition permit application. The PCBs Application Package and other resources are outlined at http://www.cityofpaloalto.org/pcbdemoprogram. The Applicant Package will outline PCBs sampling and reporting requirements that must be met if the project meets ALL of the following conditions:
a. The project is a commercial, public, institutional, or industrial structure constructed or remodeled between January 1, 1950 and December 31, 1980.

Single-family and two-family homes are exempt regardless of age. b. The framing of the building contains material other than wood. Wood-frame structures are exempt.
c. The proposed demolition is a complete demolition of the building. Partial demolitions do not apply to the requirements.

94. If the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the “PCBs Applicant Package,” then the project shall conduct representative sampling of PCBs concentration in accordance with the “Protocol for Evaluating Priority PCBs- Containing Materials before Building Demolition (2018).” If the representative sample results or records DO NOT indicate PCB concentrations ≥50 ppm in one or more “priority materials,” then the screening assessment is complete. Applicant submits screening form and the supporting 28 1
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sampling documentation with the demolition permit application. No additional action is required.
If the representative sample results or records DO indicate PCBs concentrations ≥50 ppm in one or more “priority materials,” then the screening assessment is complete, but the Applicant MUST also contact applicable State and Federal Agencies to meet further requirements. Applicant submits screening form and the supporting sampling documentation with the demolition permit application, and also must contact the State and Federal Agencies as indicated on Page 3 of the “PCBs Screening Assessment Form.”
IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs

ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE PROCESS CAN TAKE BETWEEN 1-3 MONTHS.

95. Requirement for oil-water separator in interior parking garage floor drains: If installed, parking garage floor drains on interior levels shall be connected to an oil-water separator prior to discharging to the sanitary sewer system. The oil-water separator shall be cleaned at a frequency of at least once every twelve (12) months or more frequently if recommended by the manufacturer or required by the Director.

Installation, certification, and maintenance records shall be maintained and made available for inspection and copying as described in Section 16.09.155 of this Chapter.

Oil-water separators shall have a minimum capacity of 100 gallons (PAMC

16.09.165(a)(8) and 16.09.170(a)(5)).

96. Exemption for requirements below: This requirement can be exempted if no washing is allowed on-site via rental/lease agreement, any hose bibs are to be fitted with lock-outs or other connection controls, and signage is posted indicating that car washing is not allowed (PAMC 16.09.170(a)(6)).
a. Requirement for an oil-water separator for carwash area: A drain shall be installed to capture all vehicle wash waters and shall be connected to an oil- water separator prior to discharge to the sanitary sewer system. The oil-water separator shall be cleaned at a frequency of at least once every twelve(12)months or more frequently if recommended by the manufacturer or required by the Director. Oil-water separators shall have a minimum capacity of100 gallons.
b. Requirement for bermed area around carwash: The area shall be graded or bermed in such a manner as to prevent the discharge of stormwater to the sanitary sewer system

97. Discharge drains for pools, spas, and fountains shall not be connected directly to the storm drain system or to the sanitary sewer system (PAMC 16.09.165(a)(7) and 29 1
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16.09.170(a)(4)).

Electrical Utilities

98. Ensure proposed location of transformers and switches have adequate space. Refer to CPAU drawings DT-SS-C-1005 for typical sizes of transformer pads, CPAU drawings DT- SS-U-1026 for typical sizes of switch pads, CPAU drawing DT-CL-U-1031 for pad mount clearance requirements. Please note that requests for account closures will be needed before electric facilities are removed for identified existing overhead and underground electric services.

Water-Gas-Wastewater Utilities
The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. These comments are provided as a courtesy and are not required to be addressed prior to the Planning entitlement approval:

99. The applicant is to submit flow monitoring data for the sewer connection utility impact study. The study must include, but not be limited to: flow rate data, depth of flow associated with the flow rate data, and a summary of the minimum and maximum flow rates for each flow monitor installed for a minimum monitoring period of fourteen (14) continuous days.
i. Flow monitoring is to be performed downstream of the proposed connection point. No downstream overloading of the existing sewer main will be permitted. In addition, depending on the development size, the city may require the developer's architect/engineer to perform flow monitoring upstream of the proposed tie-in locations to quantify the impact of the new flows on the nearby and downstream sanitary sewer mains. The need for upstream flow monitoring will be developed on a case-by-case basis.
ii. Following the APPROVED Study, should sewer main improvements be required, the developer shall prepare all construction plans and obtain all permits, and cover all costs necessary for upsizing, upgrading, or otherwise improving the public wastewater sewer system and public infrastructure to meet the proposed project's needs. The developer shall not be responsible for any marginal increase in cost associated with excess capacity requested by the City.
iii. In the event that the construction plans for permitting deviate from the preliminary plans associated with the flow monitoring report, the developer’s engineer needs to submit an updated flow monitoring report to confirm development changes, changes in proposed flows, and the impact on any required sewer main with identified updates and/or changes to the required downstream sewer main improvements. Final 30 1
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approval of constructed improvements by CPAU is required for the completed installation. CPAU reserves the right to solicit an additional study in the event of modifications to the development scope.

PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required)
100. The applicant shall submit a request to disconnect utility services and remove gas 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.

FOR BUILDING PERMIT

93. 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).

94. 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 requirements, 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 installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas.

95. 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).

96. 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. The Developer’s financial responsibility for utility upgrades exceeding the impacts of the development shall be limited to Developer’s fair share contribution, as reasonably determined by the Utilities Department.

97. 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 31 1
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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.

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.

98. 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.

99. 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 person/entity requesting the relocation.
100. 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 department's requirements.
101. Each unit or building shall have its own water meter shown on the plans. Each parcel shall have its own water and sewer lateral connection shown on the plans. 102. 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. 103. All existing water, and gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards by CPAU. 104. 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. Maintain 10' between new trees and new water and wastewater services/laterals/meters. 32 1
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105. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for fire system including all fire department's requirements prior to the actual service installation.
106. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater.

SECTION 5. Term of Approval.

1. Architectural Review 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.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________ Assistant City Attorney City Manager
___________________________
Director of Planning and
Development Services
PLANS AND DRAWINGS REFERENCED:

Those plans titled “C7_3781 El Camino Real_PLANS.pdf” consisting of 76 pages, dated and submitted March 17, 2026.