Jun 8, 2015 - East Palo Alto

CITY OF EAST PALO ALTO
REGULAR PLANNING COMMISSION MEETING
June 8, 2015- 7:00 P.M.
CITY HALL COUNCIL CHAMBERS AND COMMUNITY ROOM
2415 UNIVERSITY AVENUE, EAST PALO ALTO, CA 94303
PLANNING COMMISSION AGENDA
Chairperson:
Alex Quezada
Vice Chairperson:
Robert Sherrard
Commissioners:
Robert Allen, Andrew Boone, Briana Carter, Archelle Funnie, Jorge Prado,
Court Skinner
Staff:
Daniel Berumen, Assistant Planner
Brent A. Butler, AICP, CFM, Planning and Housing Manager
Sean Charpentier, Assistant City Manager
Leticia Garcia, Planning Commission Secretary
John D. Le, Deputy City Attorney
Art Henriques, Contract Planner
Notice of Availability of Public Records: All public records relating to an open session item which
are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority
of the advisory bodies will be available for public inspection at the Community and Economic
Development Department, 1960 Tate Street, East Palo Alto, CA at the same time that the public
records are distributed or made available to the advisory bodies. Such documents may also be
available on the East Palo Alto website www.ci.east-paloalto.ca.us subject to staffs ability to post the
documents prior to the meeting. Information may be obtained by calling (650) 853-3189.
East Palo Alto City Council Chambers is ADA compliant. Requests for disability related
modifications or accommodations, aids or services may be made by a person with a disability to the City
Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans
with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.
1.
CALL TO ORDER AND ROLL CALL
2.
APPROVAL OF THE AGENDA (Government Code §54957.7(a))
3.
OPEN FORUM
Notice to the public: Anyone wishing to address the Planning Commission on any
matter for which another opportunity to speak is not provided on the Agenda, and
which is within the Commission's purview, is requested to submit a completed
Speaker Sheet to the Planning Commission Secretary. When your name is called,
step to the podium and address the Commission. Each speaker is limited to two
minutes. The Commission may take information, but may not take action on any item
not on the agenda.
4.
CONSENT CALENDAR
a) Approve the April 27, 2015 Planning Commission meeting minutes
b) Accept and file the Department of Housing and Community Development (HCD)
May 11, 2015 letter certifying the City of East Palo Alto Housing Element
c) Accept and file the Bay Area Air Quality Management District's Bicycle Rack
Voucher Award to the City of East Palo Alto
5.
SPECIAL PRESENTATION
a) Artist in residency program related to Cooley Landing
b) National Weather Service's StormReady designation for the City of East Palo Alto
6.
Public Hearing: Design Review for approval of two new single family structures
Recommendation: Adopt a resolution (1) approving two Design Review Applications
(DR15-001, DR15-002); and (2) finding the projects exempt from
the California Environmental Quality Act (CEQA) pursuant to
Section 15332 of the CEQA Guidelines.
Location:
1950 Clarke Avenue, East Palo Alto, CA 94303
1954 Clarke Avenue, East Palo Alto, CA 94303
Owner/Applicant: Y ean-Jye Lu
Project Planner: Daniel Berumen, TEL 650.853 .3151; [email protected]
7.
Public Hearing: General Plan Update
Recommendation: Accept and file the staff report responding to Planning
Commission comments at the May 11 meeting regarding the
General Plan Update.
Location:
Citywide
Owner/Applicant: City of East Palo Alto
Project Planner: Art Henriques, TEL 650.853.3142; [email protected]
8.
Public Hearing: An Ordinance Repealing and Reenacting Chapter 4
(Nonconforming Uses) and Amending Related Chapters of the Zoning Ordinance
Recommendation: Open the public hearing and by motion continue the public hearing
until July 13, 2015.
Location:
Citywide
Owner/Applicant: City of East Palo Alto
Project Planner: Brent A. Butler, TEL 650.853.3121; [email protected]
9.
COMMUNICATION ITEMS
General Plan Update - The general plan update website is http:// i ta2035epa.org/
10.
INFORMATIONAL ITEMS: Planning Commission Matters, Staff Updates and
Calendars
a. Sustainable San Mateo County's Nineteenth Annual Indicator Report.
b. State of California New Drought Regulations to be considered by the City
Council on June 16, 2015.
11.
ADJOURNMENT
Upcoming Planning Commission Meetings
June 22, 2015
July 13, 2015
July 27, 2015
Reserved
1) Affordable Housing Program Ordinance- City Council's directed review
2) Master Signage Plan for the Sobrato Project I 2100 University Avenue
3) Nonconforming Use, Structures and Parcels Ordinance
4) Home Depot Fuel Cell project
Reserved
***********AUGUST RECESS**************
Notice: A challenge to the above items in court may raise only those issues which were raised at the public hearing described in this
notice or in written correspondence to the City of East Palo Alto at, or prior to, the public hearing. For your comments to be fully
considered, you must (1) attend the meeting, or (2) submit written comments to the Planning Division or (3) submit written comments
to the Planning Commission before the Planning Commission takes action on the above item. The Americans with Disabilities Act
(ADA) requires reasonable accommodation and access for the physically challenged. Those requesting such accommodation should
contact the Planning Division office at (650) 853-3189 three days before the hearing date. Additionally, those wishing to include an
electronic media presentation must furnish/provide their own equipment. For further information regarding these items, you may
contact the City of East Palo Alto Planning Division at 1960 Tate Street, or call (650) 853-3189.
Nota: Una apelaci6n ante la corte acerca de los asuntos arriba mencionados, (micamente pueden incluir asuntos que fueron discutidos
en la audiencia publica, o que fueron comunicados por correspondencia escrita a la ciudad de East Palo Alto, durante, o antes de la
audiencia pubIica. Por lo tanto, para que sus comentarios sean considerados usted debe de (I) asistir a la reuni6n y discutir el asunto
que usted considere pertinente, (2) o someter comentarios por escritos a la Divisi6n de Planeaci6n, (3) o someter comentarios por
escritos a la Comisi6n de Planeaci6n antes de que la Comisi6n de Planeaci6n tome acci6n en el asunto arriba mencionado. El Acta de
Americanos Deshabilitados (ADA) requiere proveer acomodaci6n y acceso razonables a individuos con dificultades fisicas. Las
personas que soliciten tal acomodaciones deben ponerse en contacto con la oficina de la Divisi6n de Planeaci6n al (650) 853-3185 tres
dias antes de la fecha de la audiencia. Ademas, esos que deseen incluir medios electr6nicos en la presentaci6n, deben equipar/o
proporcionar su propio equipo. Para obtener informaci6n adicional con respecto a los asuntos arriba mencionados, usted puede
contactarse con la Divisi6n de Planeaci6n de la ciudad de East Palo Alto, en el 1960 de la Calle Tate, ( 1960 Tate St.) o Hamar al: (650)
853-3185.
I, Joseph Prado, Executive Assistant to the City Manager, do hereby certify that I have caused a
true copy of the above notice and agenda to be delivered to each of the members of the Planning
Commission, at the time and in the manner prescribed by law and that this agenda was posted at
City Hall, 2415 University Avenue and 1960 Tate Street, East Palo Alto, CA at 10:15 a.m., Friday,
June 5, 2015.
Dated: June 5, 2015
do Executive Assistant to the City Manager
Mission Statement
The City of East Palo Alto provides responsive, respectful, and efficient public seNices to enhance the quality of life and
safety for its multi-cultural community.
Item: 4a
Date: 06.08.15
CITY OF EAST PALO ALTO
PLANNING COMMISSION
REGULAR MEETING
ACTION MINUTES
MONDAY, April 27, 2015
DRAFT
Commissioners Present:
Chair Alex Quezada
Vice Chair Robert Sherrard
Commissioner Robert Allen
Commissioner Briana Carter
Commissioner Court Skinner
Commissioner Jorge Prado
Commissioners Absent:
Commissioner Archelle Funnié (excused)
Staff Present:
Brent A. Butler, AICP, CFM, Planning Manager
John D. Lê, Deputy City Attorney
Leticia Garcia, Planning Commission Secretary
==============================================================================
Regular Meeting
1.
Call to Order and Roll Call – 7:08 PM
2.
Approval of Agenda (Government Code §54957.7(a))
Action:
3.
Motion to approve the agenda. – Allen; Second – Sherrard. Vote: 6-0. Motion approved.
Open Forum
There were no speakers for Open Forum.
4.
Action:
5.
Consent Calendar
a) Approve the February 23, 2015 Planning Commission meeting minutes
b) Accept and file the Federal Emergency Management Agency (FEMA) March 26, 2015 Letter
Regarding the Bay Area Coastal Study
Motion to approve the consent calendar. – Sherrard; Second – Skinner. Vote: 6-0. Motion
approved.
Public Hearing – 2015 Housing Element
Recommendation: Adopt the revised resolution presented on the dais this evening along with the
amendments stated in record, which states that the Planning Commission recommends that the City Council
of East Palo Alto adopt a resolution:
1) Amending the City of East Palo Alto General Plan to adopt and incorporate the 2015-2023
Housing Element (attached hereto and incorporated by this reference as Exhibit A), which
shall be resubmitted to HCD for final review and certification;
Planning Commission Meeting Minutes
April 27, 2015
Page 2
2) Adopting the Negative Declaration prepared for the 2015-2023 Housing Element, pursuant
to CEQA; and
3) Adopting the housing action priorities for Fiscal Years 2015/2016 and 2016/2017 to
implement key programs outlined in the 2015-2023 Housing Element.”
Location:
Citywide
Owner/Applicant: City of East Palo Alto
Project Planner: Daniel Berumen, 650.853.3151; [email protected]
Joshua Abrams, AICP with Baird Driskell Community Planning delivered the presentation.
Action:
Motion to open the public hearing – Sherrard; Second – Allen. Vote: 6-0. Motion approved.
There were no speakers for this item.
Action:
Motion to close the public hearing – Skinner; Second – Allen. Vote: 6-0. Motion approved.
Action:
Motion that the Planning Commission adopt the revised resolution presented on the dais this
evening along with the amendments stated in record, which states that the Planning Commission
recommends that the City Council of East Palo Alto adopt a resolution:
1) Amending the City of East Palo Alto General Plan to adopt and incorporate the 2015-2023
Housing Element (attached hereto and incorporated by this reference as Exhibit A), which
shall be resubmitted to HCD for final review and certification;
2) Adopting the Negative Declaration prepared for the 2015-2023 Housing Element, pursuant
to CEQA; and
3) Adopting the housing action priorities for Fiscal Years 2015/2016 and 2016/2017 to
implement key programs outlined in the 2015-2023 Housing Element.”
– Allen; Second – Sherrard. Vote: 6-0. Motion approved.
Public Hearing – Ordinance Repealing and Reenacting Chapter 4 (Nonconforming Uses), Amending
Chapter 24 (Use Permits), Chapter 26 (Design Review: Single-Family Dwellings), and Chapter 28
(Architectural Supervision) of the East Palo Alto Zoning Ordinance
Recommendation: Open the public hearing and by motion continue the public hearing until June 8, 2015.
Location: Citywide
Owner/Applicant: City of East Palo Alto
Project Planner: Brent A. Butler, 650.853.3121; [email protected]
6.
Art Henriques, City of East Palo Alto Planning Consultant delivered the presentation.
Action:
Motion to open the public hearing – Sherrard; Second – Carter. Vote: 6-0. Motion approved.
The public hearing was continued to the Monday, June 8, 2015 planning commission meeting.
Action:
7.
Motion to continue the public hearing to the Monday, June 8, 2015 planning commission meeting.
– Sherrard; Second – Carter. Vote: 6-0. Motion approved.
Communication Items
General Plan Update - The general plan update website is http://vista2035epa.org/
Planning Commission Meeting Minutes
April 27, 2015
Page 3
Chair Quezada provided an update on the previous study session.
8.
Informational Items: Planning Commission Matters, Staff Updates and Calendars
a) San Mateo County Energy Watch – Get a no cost energy assessment
b) San Mateo County 11th Annual Disaster Preparedness Day, June 6, 2015
c) Bay Area Council Economic Institute, 21st Century Infrastructure: Keeping California Connected
d) Housing Leadership Council’s Legislative Policy Breakfast, Friday May 8, 2015
Planning and Housing Manager, Commissioner Allen and Vice Chair Sherrard entered the informational
items into the record.
Adjourned
The Planning Commission of the City of East Palo Alto adjourned at 8:48 p.m.
Minutes Recorded, Prepared and Respectfully Submitted by, Leticia Garcia, Planning Division Secretary
CITY OF EAST PALO ALTO
PLANNING AND HOUSING DIVISION
Date:
Item:
06.8.2015
6
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303
Planning Commission Agenda Report
Date:
June 8, 2015
To:
Honorable Chair and Members of the Planning Commission
From:
Daniel Berumen, Assistant Planner
Brent A. Butler, AICP, CFM, Planning and Housing Manager
Subject:
Two Design Review Applications (DR15-001; DR15-002) – Two Proposed
Residential Structures at 1950 and 1954 Clarke Avenue.
Recommendation
Adopt a resolution (1) approving two Design Review Applications (DR 15-001, DR15-02), and
(2) finding the projects exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15332 of the CEQA Guidelines.
Background
Owner/Applicant:
Location/APN:
General Plan Designation:
Zoning/Uses:
Environmental Review:
Surrounding Zoning/ Uses:
Flood Zone:
Yean-Jye Lu
1950 Clarke / 063-492-470
1954 Clarke / 063-492-460
Low/Medium Density Residential
R-1-5000 / Single Family Residential
Exempt pursuant to CEQA Guidelines Section 15332
North:
R1-5,000/Single Family Residential
South:
R1-5,000/Single Family Residential
West:
C-2/General Commercial
East:
R1-5,000/Single Family Residential
Flood Zone X (determined to be outside the
500-year floodplain)
The Planning Commission is reviewing two new residential structures for approval of the above
mentioned entitlements.
On each proposed residential structure, for which separate Design Review Applications have been
prepared, a second dwelling unit is also proposed. These second unit permit applications are not
currently before the Planning Commission. Rather, pursuant to section 6431 of the East Palo Alto
.
Zoning Ordinance,1 the Planning Director may consider the applicant’s second unit only if the
Design Review applications for the main dwellings, which are currently before the Planning
Commission, are approved. Staff has sent a memorandum to this effect to the applicant. See
Attachment 1 (Second Unit Permit Memorandum).2
Analysis
Under provisions of Section 6541(a) of the East Palo Alto Zoning Ordinance, new home
construction requires approval of the Planning Commission. Currently, the subject sites are
vacant, and the property owner would like to construct two (2) new homes on two vacant lots
located at 1950 and 1954 Clarke Avenue. Therefore, staff analyzed the proposed projects with
respect to design; including architectural detail, lot coverage, height, setback, floor area ratio,
parking, and storm water requirements.
Design Review Standards
1) Lot Coverage. 1950 Clarke Ave. is approximately 6,103 square feet. 1954 Clarke Ave.
is approximately 6,564 square feet. These lots are larger than the 5,000-foot minimum
single family residential parcel size for a property in East Palo Alto.
2) Height. Pursuant to Section 6165 of the Zoning Ordinance, a house can have a
maximum height of twenty-six (26) feet and the applicant is proposing the tallest peak
being twenty-five feet and 7 inches on both 1950 and 1954 Clarke Ave.
3) Setbacks. The minimum side setback is three (3) feet from the side property line. The
applicant is proposing at least a 3 foot setback for both 1950 and 1954 Clarke Ave.
Project approval is conditioned upon the provision of opaque windows to further
reduce the potential privacy impacts to abutting property owners. The minimum rear
yard setback is 10 feet, and the applicant is proposing rear yard setbacks of 10 feet. The
front yard setback is 10 feet, and the applicant is proposing front yard setbacks that are
at least 41 feet.
4) Floor Area Ratio. The floor-area-ratio (FAR) of each proposed residential structure —
(1) 3,286 square feet (53.8%) at 1950 Clarke and (2) 3,318 square feet (50.5%) at 1954
Clarke Ave — is below maximum FAR (55%).
5) Parking. The parking requirement for a 4-bedroom house is a minimum of (2) two
uncovered spaces. The applicant has driveway space for up to (4) four cars and
therefore meets the minimum parking standards for a single family home in terms of
number of spaces, setbacks and size. The project also complies with development
standards relating to parking for each of the proposed second units. See Attachment 1.
1
East Palo Alto’s Second Unit Ordinance, which requires approval of the second unit permit application by the Planning Director (and not
the Planning Commission) comports with State law as articulated in Government Code Section 65852.2, which states second unit permits
must be considered ministerally (without discretionary review or a hearing).
2
At this juncture, the applicant may not seek a second unit permit on the proposed second units because these units are not technically
located on a “site within a residential zoning district that already contains one legally created dwelling unit.” As the second units and main
dwellings are proposed concurrently on a vacant lot, the status of the applicant’s second unit permit applications are contingent upon the
Planning Commission’s approval of entitlements for the two proposed main dwellings. Staff believes that once the Design Review
applications are approved on the main dwellings, the proposed second units will be effectively located on a site that “already contains one
legally created dwelling unit.” Staff will work with the applicant to finalize their second unit permit applications if and when entitlements are
granted by the Planning Commission on the proposed main dwellings.
6) Architectural Design. The buildings are substantially similar in design to those in the
surrounding neighborhood, as set forth in the following pages.
A summary of the design with respect to the City’s standards are attached.
TABLE 1: DESIGN REVIEW
1950 Clarke
1954 Clarke
Requirements
Lot Coverage
6,103 square feet (sf)
6,564 sf
5,500 sf (min) for
attached second
units
Height
25 feet 7 inches
25 feet 7 inches
26 feet (max)
Setbacks
3 feet side yard
3 feet side yard
10 feet rear yard
10 feet rear yard
3 feet side yard
(min)
41’ 7” feet front yard
41’ 9” feet front yard
10 feet rear yard
(min)
10 feet front yard
(min)
Parking
4 vehicle spaces
4 vehicle spaces
3 vehicle spaces
(min)
Architectural
Design
Consistent
Consistent
Consistent
Source: The design details are found in Sections 6118, 6410, 6164, and 6119 of the Zoning Ordinance, and the
Residential Design Guidelines.
Minimum Design Standards
Additionally, the project meets the eight (8) minimum design standards set forth in Section
6164.4 of the Zoning Ordinance.
Design Standard 1: All new residences or additions shall be designed to respect or
complement the existing development pattern and massing as viewed from the street. Plan
sheets A102 and A103 illustrate that the proposed setbacks for the second floor are
increased to reduce the massing viewed from the street meeting the intent of Design
Standard 1.
Design Standard 2: Use of exterior materials shall be consistent with or compliment the
use of exterior materials in the neighborhood: Plan sheet A103 shows that the proposed
exterior materials of painted wood and stucco are consistent with or compliment exterior
materials used in this neighborhood.
3
Design Standard 3: All second-story additions shall be designed as a series of segments as
opposed to a single massive structure. If the architectural style warrants a large wall plane,
the plans shall be articulated with bay window extensions, trellis features, recessed doors
or windows, or other architectural elements. Plan sheet A103 documents that the wood
trim and bands shall be added to the proposed development plans to articulate the massing
of the second floor addition in accordance with Design Standard 3.
Design Standard 4: Second-story additions shall step back from the street and front of the
house to reduce the mass of the structure. The use of eaves, dormers, intersecting hips or
gables, or other roof features are encouraged to add visual interest and to break up the
mass of the structure: In accordance with Section 6164.1 of the Zoning Ordinance, the
homes have an additional two foot side yard setback to reduce the massing of the structure
from the public right of way.
Design Standard 5: Roof style and pitch shall be consistent with the style and pitch of the
roofs in the vicinity: The current style of roofing and 3:12 pitches of the addition are
consistent with both on-site and with those of other properties in the neighborhood in
accordance with Design Standard 5.
Design Standard 6: New residences and additions shall be designed to preserve privacy,
light and air to adjoining properties to the extent feasible. Window and balcony placement
shall be sensitive to the existing arrangement of windows and outdoor living space in
adjoining properties: All setbacks required under Section 6141 of the Zoning Ordinance,
meet the minimum setbacks and opaque windows have been proposed for the second floor
to reduce the impacts to abutting property owners. Additionally, the height of the proposed
addition is below the maximum allowed in the R-1-5,000 zoning district and therefore will
not negatively impact access to air or light for abutting property owners.
Design Standard 7: The use of vegetation to screen or soften views of a new residence or
addition may be required as a condition of approval: A condition of approval is attached
herein requiring that a more complete landscaping plan be submitted, reviewed, and
approved by the Planning and Housing Manager prior to issuance of any building permit
pursuant to the requested approval. See Exhibit A (Conditions of Approval) to
Attachment 2 (Resolution).
Design Standard 8: All additions to the existing single-family residences shall be
architecturally consistent with the existing residence with respect to roof pitch and tie-in,
exterior materials and colors. This design standard is not applicable here as there are no
“existing single-family residences” on the vacant lot, which is the proposed site for the
two new residential structures. Nonetheless, the homes shall be designed so that they
appear to be part of existing homes in the surrounding neighborhood.
General Plan Consistency
Based on an analysis of General Plan consistency, Staff recommends the Planning Commission
find that the projects are consistent with the General Plan as it will promote a quality design of
two new homes and infill development consistent with Land Use Element Policies 2.2 and 3.2
Environmental
Staff recommends that the Planning Commission further find that the projects are categorically
exempt pursuant to Section 15332 (Infill Development) of the CEQA Guidelines.
Attachment(s):
1.
2.
Second Unit Permit Memorandum, dated June 8, 2015.
Resolution with Exhibit(s):
A.
Conditions of Approval
B.
Findings of Fact
C.
Project Plans
5
RESOLUTION NO. PC 2015RESOLUTION OF THE EAST PALO ALTO PLANNING COMMISSION
APPROVING TWO DESIGN REVIEW APPLICATIONS (DR 15-001 AND DR 15-002)
FOR TWO NEW RESIDENTIAL STRUCTURES TO BE CONSTRUCTED AT 1950 AND
1954 CLARKE AVENUE
WHEREAS, Section 6541(a) of the East Palo Alto Zoning Ordinance provides that the
Planning Commission shall review Design Review applications for “new single-family
dwelling[s]”; and
WHEREAS, at a duly noticed public hearing on June 8, 2015, the Planning Commission
reviewed the architectural plans to ensure consistency with City’s Design Review Standards,
Minimum Design Standards, and General Plan.
NOW THEREFORE BE IT RESOLVED by the East Palo Alto Planning Commission as
follows:
The Planning Commission hereby:
1. Finds that the project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15332 (Infill Development) of the CEQA Guidelines;
2. Approves two Design Review applications (DR 15-001; DR15-002) subject to the
“Conditions of Approval” in Exhibit A, which is attached and incorporated by this
reference, and based upon the “Findings” contained in Exhibit B, which is attached and
incorporated by this reference;
3. Finds that the project as depicted in the plans contained in Exhibit C, which is attached and
incorporated by this reference, is in conformance with the design review and minimum
design standards in the East Palo Alto Zoning Ordinance;
4. Finds that this project is consistent with the East Palo Alto General Plan and the General
Plan map, objectives, goals, policies and implementation programs, as detailed in the staff
report, the findings of which are hereby incorporated by this reference; and
[SIGNATURES ARE ON THE FOLLOWING PAGE]
PASSED AND APPROVED on this 8th day of June 2015 by the following vote:
AYES:
NAES:
ABSTAIN:
ABSENT:
ATTEST:
SIGNED:
_____________________________
Brent A. Butler, Planning Manager
__________________________
Alex Quezada, Chairperson
APPROVED AS TO FORM:
_____________________________
John D. Lê, Deputy City Attorney
7
Exhibit A – Conditions of Approval
Approval Date: June 8, 2015
Expiration Date: June 8, 2016 (if not extended)
Planning and Housing
1. The project shall be constructed in substantial compliance with the drawings and application
materials submitted as part of East Palo Alto planning application DR15-001 and DR15-002,
dated April 17, 2015.
2. This approval is valid for a period of one (1) year and will lapse on June 8, 2016 if the
applicant has not secured building permits and started construction. If the applicant is unable
to secure building permits before June 8, 2016 the applicant must submit an application for an
extension at least thirty (30) days before expiration.
3. Minor modifications to the approved plans shall be subject to administrative approval of the
Planning and Housing Manager. Major modifications shall be subject to review and approval
by the Planning Commission.
4. Prior to the issuance of any building permits, the property owner or applicant shall
acknowledge in writing all of the conditions of approval and must accept these conditions with
full awareness of the responsibilities associated with each requirement. The conditions of
approval shall be printed on the first page of the plan set.
5. The applicant shall submit plans showing potential solar panel installation locations or if
found not to be feasible may obtain a waiver to install such panels from the Planning and
Housing Manager
6. The applicant shall hold agree to defend, indemnify, and harmless the City of East Palo Alto,
its councilmembers (and any members of its subordinate boards, commissions, and
committees), officers, agents, employees, contractors, sponsors, volunteers, and other
representatives from any and all suits, claims, expenses, disputes, damages, remedies, losses,
injuries, including property damage, bodily injury, or death, and any other compensable loss
of any type caused by or arising out of activities authorized by these approvals. As to the City
of East Palo Alto’s right to indemnity, the applicant shall retain legal counsel approved by the
City of East Palo Alto or indemnify (or both) the City of East Palo Alto for any and all costs
incurred, including without limitation the costs of legal counsel and legal services.
7. Prior to the issuance of building permits, the applicant shall submit a landscaping plan for
review and approval by the Planning and Housing Manager. The landscaping plan shall
include the planting of at least two (2) trees on each lot in order to mitigate the increase in
impervious surface and storm water runoff associated with the project or identify another
mitigation measure identified within Appendix L of the San Mateo Countywide Water
Pollution Prevention Program C.3 Technical Guidance manual.
8. Prior to the issuance of building permits the applicant shall revise sheet A103 of the submitted
plans to ensure that opaque windows are installed for all windows. This shall be verified prior
to final signoff by the Planning and Housing Division.
9. Prior to the issuance of building permits the applicant shall record a deed restriction with the
County Recorder demonstrating compliance with Ordinance No. 357 (Second Dwelling
Units).
10. Prior to submittal of building permits a boundary survey shall be prepared by a licensed
surveyor to determine the exact square footage and lot dimensions of the parcel. The property
shall be staked and the final report from said land surveyor shall be submitted and
independently reviewed by the Engineering Division to ensure compliance with industry
standards.
11. Prior to the issuance of building permits the applicant shall be required to record a sewer
easement with the County Recorder.
Building Division
12. All applications for residential new construction, remodels and additions submitted to the
Building Division shall comply with the requirements specified in the current version of
the California Title 24 Building Codes.
13. Construction documents shall be drawn upon suitable material. Electronic media documents
are permitted to be submitted when approved by the building official.
14. All braced walls shall be identified on the construction documents and all pertinent
information including, but not limited to, bracing methods, location and length of braced
walls panels, foundation requirements of braced wall panels at the top and bottom shall be
provided.
15. Five copies of the following plans (second story additions and new construction) shall be
submitted with the minimum size of plans being 18X24:
-Cover Sheet (project address, location map, scope of work, building type, occupancy
classification, and flood zone, square footage of existing and proposed)
Site/Plot Plan (property lines, structures, distances between structures and setbacks to
property lines)
-Use Permit/Special Development Permit Conditions, Variance, or Subdivision approval
(on plan sheets)
-Floor Plan showing use of each new and existing room/area and proposed and existing
walls (including for each unit of a multi-unit project)
-Electrical Plan
-Plumbing Plan
-Mechanical Plan
-Foundation Plan
-Roof Framing Plan
9
-Floor Framing Plan
-Cross Sections
-Structural Details (foundation, floor, walls, ceiling/roof, stair, handrails)
-Landscaping and/or Irrigation Details (including reclaimed water system)
-Solar Plan
-Grading Plan Including all Utilities (sewer, water, gas, storm drain)
-Architectural Elevations (including trash enclosure details)
-Specifications
-Soils Report (only three copies needed)
-Storm Water Pollution Prevention Plan (when disturbing one acre or more of soil)
-Storm Water Management Plan (required when project adds or replaces 10,000 sq. ft. or
more of impervious surface) with approval from certified third party
18. Two copies of each of the following documents:
-Structural Calculations (originals)
-Energy Calculations (Title 24)
-Truss Calculations Floor/Roof (originals)
19. 2013 CBSC section 4.408.2 Construction waste management plan. Submit a construction
waste management plan in conformance with Items 1 through 5. The construction waste
management plan shall be updated as necessary and shall be available during construction
for examination by the enforcing agency.
1. Identify the construction and demolition waste materials to be diverted from disposal by
recycling, reuse on the project or salvage for future use or sale.
2. Specify if construction and demolition waste materials will be sorted on-site (sourceseparated) or bulk mixed (single stream).
3. Identify diversion facilities where the construction and demolition waste material will be
taken.
4. Identify construction methods employed to reduce the amount of construction and
demolition waste generated.
5. Specify that the amount of construction and demolition waste materials diverted shall be
calculated by weight or volume, but not by both.
20. 2013 CBSC section 4.408.4 Waste stream reduction alternative. Projects that generate a total
combined weight of construction and demolition waste disposed of in landfills, which do not
exceed four (4) lbs./sq. ft. of the building area shall meet the minimum 50 percent
construction waste reduction requirement in Section 4.408.1.
21. 2013 CBSC section 4.408.4.1 Waste stream reduction alternative. [HR] Projects that generate
a total combined weight of construction and demolition waste disposed of in landfills, which
do not exceed two (2) pounds per square foot of the building area, shall meet the minimum
50-percent construction waste reduction requirement in Section 4.408.1. 2013 CBSC section
4.408.5 Documentation. Documentation shall be provided to the enforcing agency which
demonstrates compliance with Section 4.408.2, Items 1 through 5, Section 4.408.3 or Section
4.408.4
Menlo Park Fire Protection District
22. Install a NFPA 13-D fire sprinkler system under separate fire permit. Fire sprinkler system to
comply with Menlo Park Fire Protection District Standards.
23. Install smoke detectors in each sleeping area and the area outside sleeping areas.
24. Install carbon monoxide detector outside sleeping areas. Smoke and carbon
monoxide detectors to be inter-connected for alarm.
25. The applicant shall provide at least 4 inch tall with ½ inch stroke illuminated address
numbers. The address shall be visible from the street and contrasting to its background.
National Pollutant Discharge Elimination System (“NPDES”) Requirement
26. Project Proponent shall pay NPDES fees prior to Building Permit being issued.
27. Each Project shall submit completed Impervious Surface Form, attached, which includes
all Impervious Surface Area calculations prior to project building permit issuance. This
form shall be updated with each submittal.
28. Project proponent shall ensure that additional solid waste service is provided for the granny
unit, at a minimum an additional recycling bin, to ensure that on the date of solid waste pickup service, lids for each bin is fully closed (not overflowing). In the event that overflowing
bins are noted, applicant shall be required to have full trash service for the granny unit.
29. Project, if installing new landscaping, shall incorporate landscaping that minimizes
irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and
fertilizers, and incorporates other appropriate sustainable landscaping practices such as
Bay-Friendly Landscaping and shall utilize efficient irrigation systems shall be used
throughout all landscaped areas in accordance with the City’s Water Efficient Landscape
Ordinance.
30. To improve water quality and provide flood protection, where possible, applicant shall
direct runoff from sidewalks, walkways, and/or patios onto vegetated areas; directing
runoff from driveways and/or uncovered parking lots onto vegetated areas; or constructing
sidewalks, walkways, and/or patios with permeable surfaces. To achieve this, project shall
minimize the use of impervious surfaces, maximize the use of permeable materials, and
plant or protect interceptor trees, whenever possible. Applicant shall also consider
disconnecting roof drains away from the building and direct the flow to landscaping with
appropriate design per Building Department requirements.
31. Any fire sprinkler test water shall discharge to onsite vegetated areas, or, alternatively shall
be discharged to the sanitary sewer system, subject to the local sanitary sewer agency’s
authority and standards.
11
32. Any air conditioning condensate shall drain to landscaping, or alternatively may be
connected to the sanitary sewer system, subject to the local sanitary sewer agency’s
authority and standards.
Exhibit B – Findings of Fact
Section 6544 of the Zoning Ordinance states that the Planning Commission shall not grant
design review approval unless it is able to make all of the following findings:
 Compatibility. The proposed structures will be compatible with the existing residential
structures in the immediate neighborhood and within the same zoning district because:
The proposed residential structures employ exterior materials which are commonly used
by other residential structures in the City as demonstrated on sheet A-4 of the development
plans. The size and setbacks of the proposed buildings would be consistent with other
structures in the surrounding neighborhood.
 Perception of mass and bulk. The proposed structures, in relation to the site and the
immediate neighborhood, have been designed to avoid perception of excessive mass or
bulk because:
The proposed residential structures are not excessively large in size and have a proper set
back to avoid the perception of excessive mass or bulk.
 Interference with light and air. The proposed structures will not unreasonably interfere
with the light and air enjoyed by adjacent properties or the ability of adjacent properties to
utilize solar energy because:
The proposed residential structures provide an adequate roof pitch and height to maintain
unobstructed sunlight and air to adjacent properties.
13
Exhibit C – Project Plans
1950 Clarke Avenue
15
17
1954 Clarke Avenue
19
21
CITY OF EAST PALO ALTO
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
1960 Tate Street, East Palo Alto, CA 94303
Tel. No. 650.853.3189, Fax. No. 650.853.3179
DATE:
June 4, 2015
TO:
Yean-Jye Lu
FROM:
Brent A. Butler, AICP, CFM, Planning Manager
Daniel Berumen, Assistant Planner
SUBJECT:
Memorandum Regarding Two Second Unit Permit Applications (1950 and 1954
Clarke Street, East Palo Alto)
On February 24, 2015, you submitted two second unit permit applications related to the abovecaptioned addresses. These two pending second unit permit applications were filed concurrently with
two design review applications for the construction of the two main dwellings. This memorandum
addresses these two second unit permit applications.
A permit is required for the construction of a second dwelling unit. See EPA Zoning Ordinance,
§ 6431. Ordinarily, second unit permits are sought for sites that already contain a main dwelling. See
EPA Zoning Ordinance, § 6426 (Definition of a second unit) (second units must be “[l]ocated upon a
site within a residential zoning district that already contains one legally created dwelling unit.”). Here,
however, you are proposing the construction of two second units concurrently with the construction of
two main dwelling on two separate vacant lots. Therefore, approval of two second unit permit
applications is contingent upon the Planning Commission’s approval of the entitlements for the two
proposed main dwellings and your compliance with the development standards for second units.
All proposed second units must comply “with the development standards set forth in Sections 6429
and 6430 of this chapter [Chapter 22.5] [and] requires approval by the planning director.” It is the
opinion of Planning Division staff, as set forth below in Table 1, your project complies with many of
these standards. Nonetheless, whether your second unit permit applications will be approved is
contingent upon (1) the Planning Commission’s approval of your design review applications (DR15001 and DR15-002) submitted for the construction of the two main dwellings; and (2) full compliance
with the building, health, and fire codes, which will be determined when you submit applications for
building and fire permits. Once these conditions are met, staff will prepare a “final determination” on
your second unit permit applications.
Please be aware that failure to comply with the Conditions of Approval for the main dwellings could
lead to revocation of any approvals for the proposed second units.
Please also note that this memorandum is not an approval of the two second units and a final
determination will follow (if at all). Instead, this memorandum serves only to apprise you that final
determination depends on you meeting certain conditions set forth above.
Page - 2 –
Density
Lot Size
Building
Code
Parking
Sewer
Access
Unit size
Common
Entrance
TABLE 1: Development Standards Compliance Checklist for
Administrative Approval of Second Unit Permit
1950 Clarke
1954 Clarke
Development Standards
Conforms with the density
Conforms with the density
General Plan Land Use
allowed in the General Plan
allowed in the General Plan
Element (1-8 du/ac)
Land Use Element
Land Use Element
6,103 square feet
6,564 square feet
5,500 square feet
Applicant is required to submit
Applicant is required to submit
2013 California Residential
application for Building and
application for Building and
Code section 1.8.4.1
Fire permits subject to plan
Fire permits subject to plan
Permits. A written
check approval
check approval
construction permit shall be
obtained from the enforcing
agency prior to the erection,
construction,
reconstruction, installation,
moving or alteration of any
building or structure.
1
1
1
Yes, served by sanitary sewer
Yes, served by sanitary sewer
Second unit must be served
by the sanitary sewer.
Driveway
Driveway
Must have same driveway
access as main dwelling.
695 square feet
695 square feet
700 square feet
Unit has access to side and main Unit has access to side and main Must share common
entrance.
entrance.
entrance with main
dwelling or separate side
entrance.
ATTACHMENT 1: Second Dwelling Unit Regulations
CITY OF EAST PALO ALTO
PLANNING AND HOUSING DIVISION
Item:
Date:
7
06-08-2015
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303
Planning Commission Agenda Report
Date:
June 8, 2015
To:
Honorable Chair and Members of the Planning Commission
From:
Art Henriques, Contract Planner
Brent A. Butler, AICP, CFM, Planning and Housing Manager
Subject:
General Plan Update Follow Up
Recommendation
Accept and file the staff report responding to Planning Commission comments at the
May 11 meeting regarding the General Plan Update.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Priority #5: Improve Communication and Enhance Public Engagement
 Priority #6: Create a Healthy and Safe Community
Background
On May 11, staff updated the Planning Commission on the City’s efforts to revise the
General Plan as well as the creation of a new Development Code. In response to the
presentation, and subsequent discussion, the Planning Commission requested staff to return
with additional information in four areas:
1) Draft land use designations;
2) Draft citywide growth projections envisioned for the environmental impact
report (EIR); and
3) Process for future development on the Westside – Growth Assumption;
4) Water availability.
Analysis
What follows is a report on each of the four areas for which the Planning Commission
requested additional information.
Draft Land Use Designations
The Planning Commission requested copies of the land use map(s) being contemplated at
this time in conjunction with the General Plan Update (see Attachment 1). As was noted in
the May 11 report throughout the General Plan Update process, City staff and the Raimi
Consultant Team have worked closely with the GPAC, the WAPAC, and the public to
define the community’s vision for the future of different sub-areas of the City. These subarea visions have, in turn, guided development of reports to the Planning Commission and
the City Council on preliminary policy direction and land use designations that will be
included in the General Plan Update. The preliminary land use designations are based on
multiple sources, including designations found in the existing General Plan and Zoning
Code and the Ravenswood/ 4 Corners TOD Specific Plan. In many locations in the City,
such as most single-family residential areas and the Ravenswood/4 Corners TOD Specific
Plan area, the proposed preliminary land use designations are essentially unchanged.
Draft Growth Projections
As noted on May 11, the Raimi Consultant Team is preparing the draft growth projections
based on the General Plan land use designations, and the direction received at the City
Council’s March 12, 2015 meeting (see Attachment 2). The growth projections will be used
to evaluate the potential environmental impacts and benefits of the proposed General Plan as
required by the California Environmental Quality Act (CEQA). The projections identify the
potential growth in residential, retail, office, and industrial uses. The purpose of growth
projections is not to identify the maximum allowable amount of growth, but rather to
develop a realistic expectation of the amount of growth that could occur between General
Plan adoption and 2035, the horizon year of the General Plan. Further information on the
projections is attached to this report.
Table 1: Growth Projections
RBD Specific Plan
Westside
2nd units on singlefamily parcels
Remainder of City
Total
Net New Residential Units
835
900
Net Retail SF
112,400
45,000
Net Office SF
1,250,000
0
Net Industrial SF
218,000
0
119
565
2,419
0
249,100
406,500
0
563,200
1,813,200
0
22,000
240,000
The growth projections for the RBD (Ravenswood/4 Corners TOD) Specific Plan are
already planned through the adopted Specific Plan and Program EIR. The growth
projections for the Westside, which are described in greater detail below, are consistent with
the existing planning and zoning in place. The growth projections for the remainder of the
City are a reflection of the community visioning process.
Process for Future Development on the Westside − Growth Assumption
As noted in the May 11, 2015 staff report, the City Council reviewed four study scenarios
for possible growth on the Westside on March 12, 2015 (see March 12, 2015 City Council
Report) 1. At that meeting, the City Council directed staff to pursue an approach for the
Westside that would normalize General Plan land use designations. The process of
normalization of land use designations means that the City will use the higher density
(dwelling units per acre) or intensity (floor area ratio) originating in either the existing
zoning or what is currently entitled and constructed. This approach ensures that no property
will be zoned at a lesser intensity than that which is already constructed or permissible by
existing zoning (or “downzoned”). This approach would ensure consistency between the
zoning and the General Plan designations, in addition to leaving in place the development
rights already granted individual property owners.
The Raimi Consultant Team calculated a growth assumption of 930 units on the Westside,
which was derived based on the City Council direction on March 12 to normalize the
General Plan land use designations on the Westside. Three steps were taken to arrive at this
growth assumption.
First, staff calculated the allowable number of units under existing Zoning designations. To
achieve this, the number of existing units was subtracted from the potential maximum
number of units that could be built under existing zoning. This calculation excluded
existing condominiums and single-family homes as well as any parcels developed above the
maximum density allowed today. This equaled 366 new units.
Second, the State’s allowable density bonus was applied to all parcels. This added 402 units
for a new total of 768 units, which is a 35 percent increase.
Third, staff applied the density bonus to one property that is currently zoned single family,
but has a multiple apartment complexes on it. Reviewing that parcel at its current use of
RM-1000 if it were to be rezoned to fit the existing density and then adding the State density
bonus would add an increment of 145 additional units, for a total of 913 units that the
Westside could support under the current zoning.
Additionally, the normalization approach responds to the concern that increased density
should only be granted after a robust discussion surrounding community benefits that attach
project entitlements, and does not specify parcel-by-parcel land use designations dictating
where that growth should occur.
This approach is additionally consistent with the City Council’s authorized objectives:
1) include a descriptive area-wide (not parcel-specific) long-term vision; 2) outline polices
for the Westside; and 3) identify the permissible development range. The General Plan
1
Report is available online at: http://www.ci.east-palo-alto.ca.us/AgendaCenter/ViewFile/Agenda/03122015-1059 (last
accessed: June 2, 2015).
would identify a detailed process for seeking project approval, and projects would have to
meet prerequisites and policies for development. The key considerations on the Westside
are not the growth projections, which largely reflect current planning, but should focus on
what the community vision is for future projects in that area.
Projects in the Westside area would have to be reviewed, recommended by the Planning
Commission, and approved by the City Council. Some of the prerequisites and policies
being considered include:
1.
2.
3.
4.
5.
6.
7.
Provision and improvement of necessary streets and infrastructure.
Create new public community open space and park spaces.
Protections from displacement for existing tenants.
Preserve “right of return” for existing residents.
Maintain the City’s rent stabilization program.
Provide for some “permanent” (deed-restricted) affordable housing.
Improve the fiscal health of the City.
In no event could the sum of all Westside development exceed the range established in the
Westside Area Plan before the 2035 Planning horizon without going through a
comprehensive community planning process. Please see Attachments 3a and Attachment 3b
for more information.
This would enable property developers, the City and surrounding jurisdictions to understand
the potential environmental impacts of future development on the Westside while ensuring
that the General Plan includes an approval process that ensures that the projects are aligned
with the community vision.
Water Availability
Concerns were raised at the May 11 meeting as to how the City would address water
availability shortages in conjunction with meeting the desired level of new growth
contemplated. Advanced planning starts with the community vision, and then describes the
infrastructure necessary to support that vision. The General Plan will include policies to
address the availability of water and require that new projects either have no net increase in
water demand or provide enforceable evidence of water supply to serve the project. Many
of the City Council’s Strategic Priorities involve improving water supply and reliability.
Attachment(s)
1. Draft General Plan Update Land Use Map 2
2. Draft Growth Projections presented to the City Council on March 12, 2015
3a. Growth Projections for Westside – Process
2
Additional documents related to the General Plan Update can be found at: www.vista2035epa.org.
3b. Four possible Development Scenarios for the Westside, from a Memo to
WAPAC/GPAC Members, dated December 12, 2014 (presented to the City
Council on March 12, 2015)
Attachment 1
Attachment 2
GENERAL PLAN DRAFT GROWTH PROJECTIONS
RBD Specific Plan
Westside
2nd units on singlefamily parcels
Remainder of City
Total
Net New Residential Units
835
900
Net Retail SF
112,400
45,000
Net Office SF
1,250,000
0
Net Industrial SF
218,000
0
119
565
2,419
0
249,100
406,500
0
563,200
1,813,200
0
22,000
240,000
Attachment 3a
Growth Projections for Westside Area – Process and Summary
The Consultant team prepared a growth projection analysis for the Westside neighborhood that
calculated the maximum amount of residential development allowed under current zoning. Across the
area, on a parcel by parcel level, the number of existing units was subtracted from the potential
maximum number of units that could be built under existing zoning. The calculation excluded existing
condominiums and single-family homes for obvious reasons, as well as parcels that were already
developed above the maximum density allowed by law; thus, the analysis only included multi-family
parcels that were below their maximum allowable density. Using this approach, the total number of new
units that could be built is approximately 366. The Consultant team then added the State Density Bonus
for affordable housing to all parcels (a 35% increase in the maximum allowable density, in exchange for
providing an easily attainable percentage of affordable housing units to a new project). The addition of
the state density bonus to the selected parcels increases the total development potential to 768.
However, one large parcel (1 Newell Court, APN 063513880, which comprises multiple apartment
complexes) is currently zoned for low density residential (R-1-5000). This designation is clearly an error if this parcel is rezoned for its current use (to RM-1000) and then the State Density Bonus is added, the
maximum development potential for the parcel is 365 units, an added increment of 145 units. Including
these additional 145 units in the total calculation, the Westside area could support 913 total units under
current zoning.
Attachment 3b
Four Possible Development Scenarios for the Westside