Architectural Review Board Staff Report (ID # 9204)

Report Type: Action Items Meeting Date: 6/21/2018

City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442

Summary Title: 180 El Camino Real: Shake Shack Storefront in Building W

Title: PUBLIC HEARING / QUASI-JUDICIAL. 180 El Camino Real [18PLN-00054]: Request for Architectural Review and Conditional Use Permit for Shake Shack restaurant to allow for exterior facade improvements and to allow for the sale of alcoholic beverages in an existing tenant space at the Stanford Shopping Center. Environmental Assessment: Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guideline Section 15301. Zoning District: CC (Community Commercial District). For More Information Contact the Project Planner Samuel Gutierrez at Samuel.Gutierrez@cityofpaloalto.org.

From: Hillary Gitelman

Recommendation It is recommended that the Architectural Review Board (ARB) take the following action(s):

1. Recommend approval of the proposed project to the Director of Planning andCommunity Environment based on findings and subject to conditions of approval.

Report Summary The Applicant is proposing renovation of an existing tenant space within the Stanford Shopping Center for a new restaurant named Shake Shack. The tenant space within Building W has a triangular shape and is located near the intersection of Quarry Road and El Camino Real. The project involves changes to the existing façade, new covered outdoor seating areas, new landscaping, and new signage. The project is subject to architectural review findings, context-based design criteria, and zoning compliance review. The El Camino Real Design Guidelines from 1976 are also applicable to this site. Draft findings and conditions contained in this report include conditions related to the request for a conditional use permit for alcoholic beverage service.

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Background Project Information Owner: The Board of Trustees of Leland Stanford

Architect: Darren Machulsky Architects

Representative: Jason Smith – Land Shark Development

Legal Counsel: N/A

Property Information Address: 180 El Camino Real

Neighborhood: Stanford Shopping Center

Lot Dimensions & Area: Various & 2,300,402 square feet

Housing Inventory Site: N/A

Located w/in a Plume: N/A

Protected/Heritage Trees: Various throughout the site

Historic Resource(s): N/A

Existing Improvement(s): 1,361,751 sf; 1 to 3 stories; 37’ height max.

Existing Land Use(s): Retail, Personal Service, Commercial Recreation

Adjacent Land Uses & Zoning:

North: PF (Caltrain and parkland) West: CC(L)/PF(D) (Multi-Family Housing) East: HD (Medical Offices and Supportive Services) South: CC (Retail)

Aerial View of Property:

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Source: Google Maps Land Use Designation & Applicable Plans Zoning Designation: Community Commercial (CC)

Comp. Plan Designation: Regional/Community Commercial

Context-Based

Design Criteria: Not Applicable

Downtown Urban

Design Guide: Not Applicable

South of Forest Avenue Coordinated Area Plan:

Not Applicable

Baylands Master Plan: Not Applicable

El Camino Real Design Guidelines (1976 / 2002):

El Camino Real Design Guidelines 1976 only

Prior City Reviews & Action City Council: None

PTC: None

HRB: None

ARB: None

Project Description

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Request for Conditional Use Permit and Architectural Review by Ty Jackson on behalf of Shake Shack restaurant to allow for the sale of alcoholic beverages tied to a restaurant use, and for exterior facade improvements to an existing tenant space at the Stanford Shopping Center. The project is located at the north eastern portion of the Stanford Shopping Center with the store front facing El Camino Real. The project involves replacing the existing façade of the tenant space which was previously occupied by Wells Fargo Bank within Building “W” near the Quarry Road El Camino Real intersection. The project includes outdoor seating areas under covered patios painted white, with cedar bark finished exterior panels and Grizzle Gray painted exterior walls. The project also includes new signage consisting of two new signs reading “Shake Shack” with an associate green burger logo made of internally illuminated individual letters mounted directly to the covered patios above the outdoor seating areas of the project. . Requested Entitlements, Findings and Purview: The following discretionary applications are being requested:

Architectural Review – Major (AR): The process for evaluating this type of application is set forth in PAMC 18.77.070. AR applications are reviewed by the ARB and recommendations are forwarded to the Planning & Community Environment Director for action within five business days of the Board’s recommendation. Action by the Director is appealable to the City Council if filed within 14 days of the decision. AR projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. The findings to approve an AR application are provided in Attachment B.

Conditional Use Permit: The process for evaluating this type of application is set forth in PAMC 18.76.010 and 18.77.060. CUP applications are reviewed by Planning staff and forwarded to the Planning & Community Environment Director for action. This aspect of the project is outside the purview of the ARB.

Analysis1 Neighborhood Setting and Character The project is located within the Stanford Shopping Center on the south western portion of the Shopping Center near the El Camino Real and Quarry Road intersection. The Stanford Shopping Center is defined within the Municipal Code as all properties zoned CC and bounded by El Camino Real, Sand Hill Road, Quarry Road, and Vineyard Lane. The proposed design fits within the character of the Shopping Center with its’ varied store front designs throughout. The project with the proposed landscaping and covered outdoor dining areas, compliment the active outdoor shopping environment of the Shopping Center. The adjacent tenant façades consists of range of colored stone, stucco, metal and wood. The project would

1 The information provided in this section is based on analysis prepared by the report author prior to the public

hearing. The Architectural Review Board in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to make alternative findings. A change to the findings may result in a final action that is different from the staff recommended action in this report.

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not need to increase the height of the existing buildings parapet to properly install and screen the required roof top equipment associate with the change of use from banking and financial services to an eating and drinking use. This will preserve the compatibility with the other tenant space within Building W, maintaining a consistent height of the building overall this area of the Shopping Center. Consistency with the Comprehensive Plan, Area Plans and Guidelines2 The Comprehensive Plan includes Goals, Policies, and Programs that guide the physical form of the City. The Comprehensive Plan provides the basis for the City’s development regulations and is used by City staff to regulate building and development and make recommendations on projects. Further, ARB Finding #1 requires that the design be consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. The Comprehensive Plan identifies the Stanford Shopping Center as a regional center with a land use designation for the project site is Community Commercial. On balance, the project is consistent with the policies in the Comprehensive Plan and therefore fulfills the goals of the Plan. A detailed review of the project’s consistency with the Comprehensive Plan is provided in Attachment B. Zoning Compliance3 A detailed review of the proposed project’s consistency with applicable zoning standards has been performed. Specifically, the Palo Alto Municipal Code states that the Stanford Shopping Center is limited to a total square footage not to exceed 1,412,362 per section 18.16.060(e)(3). This project does not result in any changes in regards to floor area or building height. A summary table is provided in Attachment D. The proposed project complies with all applicable codes within the Zoning Ordinance. Façade Changes The guidelines for the Stanford Shopping require an entitlement for proposed changes to all standalone buildings or tenant spaces that face a public right of way. The requirement for Board Level review involves tenant spaces with outward facing façades greater than 35’ long, while tenant spaces with façades under 35’ long are subject to staff level Architectural Review. The proposed project is located within a standalone building with two tenant spaces, one is currently occupied by P.F. Chang restaurant, and the other subject tenant space with a triangular shape was previously occupied by Wells Fargo Bank. The subject tenant space is 2,878 sf with exterior facing façades that are 105 feet and 67 feet respectively. The height of the building varies from 25 feet to 21 feet. The existing façade consists of a tan colored brick façade with two canopy covers above each of the entrances, and rectangular windows with white trim.

2 The Palo Alto Comprehensive Plan is available online:

http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 3 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca

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Existing Exterior Façade Facing the Parking Lot

Proposed Exterior Façade Facing the Parking Lot

The Quarry Road side facing façade is not readily visible from the public right of way due to the density of the planted trees within the adjacent plaza area. The trees screen the façade throughout the year, though it is slightly more visible through the deciduous trees during the fall and winter months.

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Proposed Façade Facing the Quarry Road side of the Shopping Center

The proposed tenant will be a restaurant named “Shake Shack” and is consistent with the other business within the Shopping Center, as well as a permitted land use within the CC zone. The proposed design for the new façade will include new paint, along with the installation of exterior wood panels with matching mullions. The new store front will increase the number of windows within the existing tenant space as the ATM machines from the previous tenant will be removed, providing more window area. The proposed use will require a fully functioning trash room to meet the increased demands of the proposed restaurant. The trash room is proposed to be located adjacent to the P.F. Changs trash room. The applicant is proposing two options to blend the trash room with the proposed façade changes. One option is to have the trash room doors incorporate the Shake Shack burger logo, which would be considered signage, while the second option is to have the trash room doors incorporate the proposed wood panels and preserved green moss. Staff would appreciate the Architectural Review Boards comments and recommendation on these options.

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Signage The project includes new signage with the exterior changes. The two proposed signs are located above the covered patios on each side of the tenant space. The signs read “Shake Shack” and will be internally illuminated individual channel letters that are directly mounted to the top of the covered patios. The signs will include the green Shake Shack burger logo which is also internally illuminated. The sign located on the Quarry Road facing façade will be 14’ 10 1/2” long and 1’ 6” tall, while the other sign facing the parking lot El Camino Real measures 20’ 2” inches long and 2’ tall. Both signs have three (3) inch thick letters. The design and materials of the new signs are compatible with the signage found at the mall. The burger logo option for the trash room door would measures to 4’ 4” long by 4’ 8” tall on the 6’ wide doors. The signage is not over powering and is scaled correctly for each façade with the longer sign being placed on the longer facade. The Stanford Shopping Center Master Tenant Sign and Façade Program (MTSFP; 15PLN-00040) does not apply to this building, per the conditions of approval for the MTSFP that excludes standalone buildings (COA #22). The signage regulations found within the Palo Alto Municipal Code apply in this situation, along with the El Camino Real Guidelines from 1976. Proposed signage is compliant with these code regulations as shown in Attachment D. Landscaping The project includes new landscaping along both facades. The proposed landscaping falls within the approved landscape palate for the Shopping Center and includes species that are medium to low water usage, with two of the plants specifically suited for our climate zone 9 (carex tumulicola and lavandula intermedia). The landscape plan as proposed is compatible with the Shopping Center landscaping. Staff would appreciate the Architectural Review Boards comments and recommendations on the landscape plan. Multi-Modal Access & Parking The project site has expensive multi-modal access and parking, and can be accessed by pedestrians, bicyclists, private automobiles, and public transit (VTA, Caltrain, and SAMTRANS). The existing buildings within the site are surrounded by surface level parking lots with two multi-level parking structures located at the southern portion of the site along Quarry Road. Throughout the site there are pedestrian amenities such as outdoor seating areas, planters, fountains, interactive maps, pedestrian level lighting, and public art. The proposed project includes the addition of covered outdoor seating areas that count towards the gross floor area for parking, resulting in the need for three (3) additional parking spaces. Further, the new trash room will require unobstructed access via the parking lot area for regular trash pickup. This results in restriping of the parking lot area and the removal of two (2) parking spaces to allow access to the trash area. The overall impact is a need for five (5) additional parking spaces. The Shopping Center currently has 103 parking spaces in excess of the required parking standard and can therefore accommodate the minor increase in required parking generated by this project. Consistency with Application Findings

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The project is consistent with the required findings as shown in Attachment B. For example, the project will renovate and vacant tenant space for a new exclusive retailer that will strengthen the Stanford Shopping Center position as a premiere regional shopping center with distinctive businesses.

Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is categorically exempt from the provision of CEQA as it falls under a Class 1 or an “Existing Facilities” exemption (Categorical Exemption 15301). This project meets this exemption due to the scope of work that is limited to exterior alterations to the façade.

Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Palo Alto Weekly on June 8, 2018, which is 14 days in advance of the meeting. Postcard mailing occurred on June 8, 2018, which is 14 days in advance of the meeting. Public Comments As of the writing of this report, no project-related, public comments were received.

Alternative Actions In addition to the recommended action, the Architectural Review Board may:

1. Approve the project with modified findings or conditions; 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings.

Report Author & Contact Information ARB4 Liaison & Contact Information Samuel Gutierrez, Associate Planner Jodie Gerhardt, AICP, Planning Manager

(650) 329-2225 (650) 329-2575 samuel.gutierrez@cityofpaloalto.org jodie.gerhardt@cityofpaloalto.org

Attachments:

Attachment A: Location Map (PDF)

Attachment B: Draft ARB Findings (DOCX)

Attachment C: Draft Conditions of Approval (DOCX)

Attachment D: Zoning Comparison Table (DOCX)

Attachment E: Applicant's CUP Request Letter (PDF)

4 Emails may be sent directly to the ARB using the following address: arb@cityofpaloalto.org

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Attachment F: Applicant Project Description Letter (PDF)

Attachment G: Project Plans (DOCX)

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ATTACHMENT B ARB FINDINGS FOR APPROVAL

180 El Camino Real 18PLN-00054

The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC.

Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides.

The project would need to be found in conformance with the following Comprehensive Plan Goals and Policies.

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 Regional Commercial.

The project continues the Regional Commercial land use.

Land Use and Community Design Element

POLICY L-4.9: Maintain Stanford Shopping Center as one of the Bay Area’s premiere regional shopping centers. Promote bicycle and pedestrian use and encourage any new development at the Center to occur through infill.

The proposal seeks to renovate the existing tenant space via a new façade design, adding outdoor seating under the covered patios, and new landscaping to support a new restaurant use that is compatible with the Stanford Shopping Center pedestrian friendly environment. The restaurant will be located along an existing pedestrian spine that connects the site with Caltrain, VTA, El Camino Real, and has bikes racks and lockers located on the adjacent plaza.

Policy B-6.3: Work with appropriate stakeholders, leaseholders, and Stanford University to ensure that the Stanford Shopping Center is sustained as a distinctive, economically competitive and high quality regional shopping center.

The projects new façade will add to the mixture of tenant façade design. The incoming tenant is a new restaurant establishment that is expanding to Northern California. This business features a high end design for casual eating consistent with other restaurant within the Shopping Center. This project will add to the exclusive mixture of tenant at the Stanford Shopping Center making it a distinctive regional shopping center.

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GOAL L-6: Well-designed Buildings that Create Coherent Development Patterns and Enhance City Streets and Public Spaces.

The façade and exterior seating areas are well designed and enhances the Stanford Shopping Centers pedestrian friendly environment. These changes complement the adjacent plaza (along the Quarry Road side) which is open to the public and functions as a bicycle and pedestrian gateway to the Shopping Center.

Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due their size and scale.

The project involves a change in use but does not involve a change in the building massing. The project maintains the existing scale of the area and the proposed land use is consistent with the surrounding land uses within the site.

The project would remain consistent with the zoning requirements and Master Façade and Sign program for the Stanford Shopping Center. The project will not increase the development area of the site in regards to height, floor area ratio, setbacks, and parking as the project involves only exterior cosmetic changes to the existing tenant space and landscaping around Building W of the Stanford Shopping Center. Finding #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 proposing façade improvements that will enhance the pedestrian and tenant environment within the Stanford Shopping Center. The proposal will maintain the existing footprint of the building and will not increase the massing or encroach on any setbacks, preserving the pedestrian scale of the Stanford Shopping Center area. Pursuant to PAMC 18.16.090(b), the following context-based design considerations and findings are applicable to this project. These context-based design criteria are intended to provide additional standards to be used in the design and evaluation of development in a commercial district. The purpose is to encourage development in a commercial district to be responsible to its context and compatibility with adjacent development as well as to promote the establishment of pedestrian oriented design.

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1. Pedestrian and Bicycle Environment Project Consistency The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements

The project will improve the conditions along the pedestrian walk way by adding new landscaping, creating a more pleasant pedestrian environment for pedestrians and cyclists who visit the Shopping Center.

2. Street Building Facades Street facades shall be designed to provide a strong relationship with the sidewalk and the street (s), to create an environment that supports and encourages pedestrian activity through design elements

The projects proposed façade includes new larger storefront windows where there previously was solid walls and an ATM machine, allowing for additional views to and from the interior of the building encouraging pedestrian activity at this location of the Stanford Shopping Center while supporting a connection between the interior of the tenant with pedestrian and patrons on the outside.

3. Massing and Setbacks Buildings shall be designed to minimize massing and conform to proper setbacks

The proposed project will not change the existing buildings setbacks or massing.

4. Low Density Residential Transitions Where new projects are built abutting existing lower scale residential development, care shall be taken to respect the scale and privacy of neighboring properties

This finding does not apply.

5. Project Open Space Private and public open space shall be provided so that it is usable for the residents and visitors of the site

This finding does not apply.

6. Parking Design Parking shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment

The proposed project will change the existing parking total on site as it will remove two parking spaces to provide a new trash loading area and add three new parking spaces to the total required parking spaces for the site. The site is over parked and can easily accommodate the change in parking demand generated by the project. None of these changes modify the overall size and shape of the existing parking facilities (parking lots and garages), resulting in no impacts to the character of site or the pedestrian environment.

7. Large Multi-Acre Sites Large sites (over one acre) shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood

This finding does not apply.

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8. Sustainability and Green Building Design

Project design and materials to achieve sustainability and green building design should be incorporated into the project

The project will utilize energy efficient LED lighting and will include new plants that are moderate to low water usage. The project will also conform to Green Building Energy codes for commercial businesses.

Finding #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 involves materials which are durable and of high quality finishes and materials consisting of metal (anodized aluminum and painted steel), and red cedar siding. The new façade will consist of façade with dark and light colors, with the façade mainly painted dark grey scale color (noted as iron ore), with contrasting of white, green, medium grey, and cedar bark trim pieces and mullions. The design will enhance the character of the site and update the existing tenant to better fit with the proposed eating & drinking use and the overall tenant façade found along the El Camino Real facing portion of the Stanford Shopping Center. Finding #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 will not impede circulation and access for any modes of transportation to the site. The project is located in an area with bicycle racks and lockers that are easily accessed by the public, supporting bicycle traffic to the site. The modifications to the façade will expand the usable open space by providing new covered outdoor seating areas for visitors to the site. The proposed signage allows for the proposed business to be readily located while being consistent with the signage found at the Shopping Center and conforming to the regulations found within the Palo Alto Municipal Code for signage. Finding #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 will not remove any of the existing trees located around the tenant space. However, the project includes new landscaping within the existing planting areas around the tenant space that are not occupied by trees. The landscape plan includes two plant species of the five proposed which are plants that are compatible with the climate index of the area (climate index 9).

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Finding #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 will utilize energy efficient LED lighting, and will comply with green building energy code requirements for energy usage under title 24 of the building code for nonresidential occupancies by upgrading the existing building envelope and mechanical features. In addition, the construction debris generated by the project will comply with City construction debris diversion rates, minimizing the debris sent to landfills. Lastly, the project also includes new landscaping that has plants which are moderate to low water usage plants.

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ATTACHMENT C CONDITIONS OF APPROVAL

180 El Camino Real, 18PLN-00054 _______________________________________________________________________

PLANNING DIVISION

1. CONFORMANCE WITH PLANS: Except as modified by these conditions of approval, construction anddevelopment, and operation of “Shake Shack” shall conform to the approved plans entitled, "ShakeShack” received by the City of Palo Alto on June 12th, 2018. The approved plans are on file with thePlanning Department, 250 Hamilton Avenue, Palo Alto, CA, 94301.

2. USE AND OCCUPANCY PERMIT: A valid Use and Occupancy permit issued by the BuildingDepartment is required for the Shake Shack.

3. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning,Fire, Public Works, and Building Departments.

4. BUILDING PERMIT PLAN SET. The ARB approval letter including all Department conditions ofapproval for the project shall be printed on the plans submitted for building permit.

5. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted forreview and approval prior to construction. If during the Building Permit review and constructionphase, the project is modified by the applicant, it is the responsibility of the applicant to contactthe Planning Division/project planner directly to obtain approval of the project modification. It isthe applicant’s responsibility to highlight any proposed changes to the project and to bring it tothe project planner’s attention.

6. PROJECT EXPIRATION. The project approval shall be valid for a period of two years from the originaldate of approval. In the event a building permit(s), if applicable, is not secured for the projectwithin the time limit specified above, the ARB approval shall expire and be of no further force oreffect. Application for extension of this entitlement may be made prior to the one year expiration.

7. FULL SERVICE RESTAURANT: This conditional use permit allows the sale of alcoholic beverages, inconjunction with a restaurant use, to be located within an existing building. A full service foodmenu shall be provided during all business hours.

8. KITCHEN FACILITIES: Suitable kitchen facilities shall be maintained for the eating and drinkingestablishment.

9. SERVICE HOURS: Alcoholic beverage services (beer & wine) shall not be served beyond the hours ofoperation. The use is allowed to operate from 9:00 a.m. to 10:00 p.m. per Zoning Code Section18.16.040(b). All clean up or set up activities shall be conducted between 6:00 a.m. and 10:00 p.m.

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10. INTENSIFICATION: This CUP allows alcoholic beverage service (beer and wine) within the interior and exterior public service areas of the restaurant as indicated in the approved plans. Any intensification/expansion of the public service areas will require amendment to this CUP for said intensification/expansion shall be secured prior to commencement of the expanded service. Formal approval from the County ABC department is also required.

11. EXPIRATION: The project approval shall be valid for a period of one year from the original date of approval. In the event a building permit(s) is not secured for the project within the time limit specified above, the approval shall expire and be of no further force or effect.

12. GENERAL OPERATION: This conditional use permit allows indoor and outdoor sales and service of alcohol in conjunction with a restaurant use and an ABC License Type 47. The consumption of beer, wine and liquor shall be consistent with the established hours of operation and permitted functions of the restaurant. A full service menu selection shall be available during all operating hours.

13. ENTERTAINMENT: This permit does not allow any operations associated with a nightclub-type use and live entertainment shall not be permitted. There shall be no live entertainment, live music, dancing, amplified sound, or other amusement facilities or devises. An amendment to this use permit shall be required to permit these uses at the restaurant.

14. CODE COMPLIANCE: The current and proposed uses shall be comply with all applicable City codes, including Titles 9 (Public Peace, Moral and Safety) and 15 (Uniform Fire Code) of the Palo Alto Municipal Code and Titles 4 (Alcoholic Beverage Business regulations) and 19 (Public Safety) of the State of California Administrative Code.

15. FIRE SPRINKLER COVERAGE: Fire sprinkler protection is required under any covered outside seating areas.

16. AGREEMENT: The consumption of alcoholic beverages under this use permit shall be deemed an agreement on the part of the applicant, their heirs, successors, and assigns to comply with all terms and conditions of this Conditional Use Permit.

17. EXTERIOR ALTERATIONS: Any exterior alteration would require a separate Architectural Review application, including new lighting fixture, changes to outdoor furniture, new seating barrier, and other outdoor improvements related to the food service area.

18. OCCUPANCY: The operator shall ensure the building’s permitted occupancy is not exceeded at any time.

19. RECYCLING & GARBAGE: The Businesses on site must ensure that all service areas have access to garbage, recycling, and compost as required in Municipal Code 5.20.108.

20. NUISANCES AND NOISE: The business shall be operated in a manner to protect any nearby residential properties from excessive noise, odors, lighting or other nuisances from any sources

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during the business hours. Noise levels emanating from the restaurant use shall not exceed the maximum level established in the PAMC Chapter 9.10.

21. REVOCATION OR MODIFCATION OF APPROVALS: The director may issue a notice of noncompliance for any failure to comply with any condition of this permit approval, or when a use conducted pursuant to a Conditional Use Permit is being conducted in a manner detrimental to the public health, safety and welfare.

22. 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.

23. FINAL INSPECTION: A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Samuel Gutierrez at samuel.gutierrez@cityofpaloalto.org to schedule this inspection.

PUBLIC WORKS ZERO WASTE 24. Public area restrooms must have color-coded labeled compost service for paper towels and

garbage service for any diaper changing stations.

BUILDING DIVISION 25. The proposed restaurant will require Santa Clara County Health Department approval to be

submitted to the Building Division prior to the Building Permit issuance.

26. The review and approval of this project does not include any other items of construction other than those written in the ARB project review application included with the project plans and documents under this review. If the plans include items or elements of construction that are not included in the written description, it or they may not have been known to have been a part of the intended review and have not, unless otherwise specifically called out in the approval, been reviewed.

PUBLIC WORKS 27. GRADING & DRAINAGE PLAN: The plan set must include a grading & drainage plan prepared by a

licensed professional that includes existing and proposed spot elevations and drainage flow arrows to demonstrate proper drainage of the site. Adjacent grades must slope away from the house a minimum of 2%. Downspouts and splashblocks should be shown on this plan, as well as any site drainage features such as swales. Grading will not be allowed that increases drainage onto, or

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blocks existing drainage from, neighboring properties. Public Works generally does not allow rainwater to be collected and discharged into the street gutter, but encourages the developer to keep rainwater onsite as much as feasible by directing runoff to landscaped and other pervious areas of the site. See the Grading & Drainage Plan Guidelines: http://www.cityofpaloalto.org/civicax/filebank/documents/2717

28. GRADING PERMIT: The site plan must include an earthworks table showing cut and fill volumes. If

the total is more than 100 cubic yards, a grading permit will be required. An application and plans for a grading permit are submitted to Public Works separately from the building permit plan set. The application and guidelines are available at the Development Center and on our website.

29. STORM WATER POLLUTION PREVENTION: The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet must be included in the plan set. The sheet is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/2732

30. 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.

31. C.3 SMALL PROJECTS: This project may trigger the California Regional Water Quality Control

Board’s revised provision C.3 for storm water regulations (incorporated into the Palo Alto Municipal Code, Section 16.11) that apply to land development projects that create or replace between 2,500 and 10,000 square feet of impervious surface area. The applicant must implement one or more of the following site design measures:

Direct roof runoff into cisterns or rain barrels for reuse.

Direct roof runoff onto vegetated areas.

Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas.

Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.

Construct sidewalks, walkways, and/or patios with permeable surfaces.

Construct driveways, and/or uncovered parking lots with permeable surfaces. 32. LOGISTICS PLAN: The contractor must submit a logistics plan to the Public Works Department prior

to commencing work that addresses all impacts to the City’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention,

UTILITIES ELECTRICAL ENGINEERING 33. If applicant upgrades or changes electric switchgear and/or impacts CPAU electric facilities,

applicant shall resubmit application for review.

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ATTACHMENT D ZONING COMPARISON TABLE

180 El Camino Real, 18PLN-00054

Table 1: COMPARISON WITH CHAPTER 18.16 (CC DISTRICT) Exclusively Non-residential Development Standards

Regulation Required Existing Proposed

Minimum Site Area, width and depth

No Requirement 2,300,402 sf No Change

Minimum Front Yard 0-10 feet to create an 8-12 foot effective sidewalk width (1), (2), (8)

Varied No Change

Rear Yard No Requirement N/A N/A

Interior Side Yard (right) No Requirement N/A N/A

Street Side Yard (left) (Park Boulevard)

No Requirement Varied No Change

Min. yard for lot lines abutting or opposite residential districts or residential PC districts

10 feet (2) N/A N/A

Build-to-lines

50% of frontage built to setback on Park Boulevard; 33% of side street built to setback on Grant Avenue (7)

N/A N/A

Special Setback 24 feet – see Chapter 20.08 & zoning maps

N/A N/A

Max. Site Coverage No Requirement

Max. Building Height 25’2” feet (4) Varied, Max 25’2” feet No Change

Max. Floor Area Ratio (FAR) 1,412,362 sf 1,361,751 sf No Change

Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC Zone

None (6) N/A N/A

(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not

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intrude into the daylight plane. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage

Table 1: COMPARISON WITH CHAPTER 18.16 (CC(2) DISTRICT) continued Exclusively Non-residential Development Standards

Topic Requirement Proposed Hours of Operation (18.16.040 (b))

Businesses with activities any time between the hours of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply conditions of approval as are deemed necessary to assure compatibility with the nearby residentially zoned property

No Change

Outdoor Sales and Storage (18.16.060 (h))

(A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for:

Located within Shopping Center, N/A

Recycling Storage (18.16.040 (i))

All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 18.76.020.

A new trash room is proposed to support the eating & drinking use

Employee Showers (18.16.060 (j))

0-24,999 of new GFA for Retail Services, Personal Services, and Eating and Drinking Services

N/A

Office Use Restrictions (18.16.050)

Total floor area of permitted office uses on a lot shall not exceed 25% of the lot area, provided a lot is permitted between 2,500 and 5,000 sf of office use. The maximum size may be increased with a CUP issued by the Director.

N/A

18.16.080 Performance Standards. All development in the CC district shall comply with the performance criteria outlined in Chapter 18.23 of the Zoning Ordinance, including all mixed use development 18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.

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Table 2: PROPOSED SIGN CONFORMANCE WITH CHAPTER 16.20 (SIGNS)

Type Location Proposed Size Max Size Allowance Per

Facade

Awning Sign* (16.20.150) Sign A

Fixed above covered patio

facing the parking lot

20’ 2” long and 2’ tall Area=40.3 sf (41% of max)

96 sf (wall area of 2228.6 sf)

Awning Sign* (16.20.150) Sign B

Fixed above covered patio facing the Quarry Road

14’ 10 1/2” long and 1’ 6” tall. Area=22.3 sf (28% of max)

78 sf (wall area of 1428.1 sf)

Wall Signs* (16.20.130) Trash room door

Option for trash room doors to have burger logo

4’ 4” long and 4’ 8” tall. Area=20.1 sf

If selected the total signage area (Sign A + Optional Sign) would need to be reduced to meet ECR Design Guidelines

El Camino Design Guidelines: Limit the areas of signs along El Camino Real to ½ to 2/3 the maximum size permitted by the Sign Ordinance. *16.20.150 Regulations for Awning Signs: (a) Type of Sign - Limitation. Awning signs shall be limited to those signs printed, painted, fixed, marked, stamped or otherwise impressed upon the surface of an awning covering. (b) Area. The maximum awning sign area on any awning shall be equal to the area allowed by Chapter 16.20 Table 3* (Wall Signs), on the wall from which the awning is supported. However, on any wall the aggregate of the wall sign area on said wall plus the awning sign area, on an awning or awnings supported from said wall, shall not exceed the maximum wall sign area allowed on said wall. (c) Height. No part of any awning sign shall extend above the top level of the wall from which it is supported.

Table 4: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading)

for Retail Services

Type Required Existing Proposed Vehicle Parking 1/275 sf of gross floor

area (1,469,074 gross sf) for a total of 5,342 on-site parking spaces

5,446 spaces

5,441 spaces (after removal of 5 parking spaces associated with the proposed project)

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LandShark Development Services Group

714·235·8235 - 1641 W. Collins Avenue, Orange, CA 92867 - jsmith@landsharkdevelopment.com

June 13th, 2018 (revised)

City of Palo Alto Department of Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301

Re: Proposed Shake Shack – ARB 180 El Camino Real, Space 950, Building W Palo Alto, CA 94304

To whom it may concern:

ARB Project Description:

Shake Shack is passionate about securing vibrant sites and creating unique designs that give each restaurant a hand crafted look which are locally focused and appropriate for their respective communities. Great care is taken to build each Shack with custom architectural design, including forward thinking structural features and compelling eco-friendly touches. Each Shack is constructed thoughtfully and purposefully to fit its environment, using a creative design approach that creates places and experiences like nowhere else. Think walls made of reclaimed wood siding, one-of-a-kind murals commissioned from local artists, living green walls and lighting installations inspired by local surroundings.

The Stanford location embraces the masonry structure of the existing building, leaving the majority of columns and walls exposed on both the exterior and interior. Several new storefront windows have been added in an effort open up the existing space to its surroundings as well as to unify the exterior patio seating with the interior dining. The existing planter areas surrounding the space have been expanded and green walls have been used as an exterior finish in an effort to bring in as greenery much as possible, a nod to the park setting from Shake Shack's roots as a hot dog cart in Madison Square Park in New York.

Brand elements such as the ATAS metal, their signature angle and the use of wood have been carefully incorporated into the exterior design. The ATAS metal has been used above at the high wall areas, leaving the lower walls open for the green wall and custom wood finish. Green walls have been implemented in the areas where existing storefront has been taken out and a solid wall infill was required per the floor plan layout. The custom wood finish unites all the elements of the storefront by being applied over some of the existing brick, over the new storefront mullions and within the green wall area creating a cohesive design from one of the space to the other. The signature Shake Shack angle has been subtly incorporated into the fins of the wood finish. The removal of the vines will be required in order to clean up and touch up some of these exterior finishes. As required for new construction replace/replant all ivy removed to match existing.

The exterior design concept has been carried through to the interior with the exposed brick and the custom wood finish mimicking the exterior. The wood fins have been modified at the kiosks area to become the supports for the counter. A multilayered, diamond shaped wood canopy with custom lighting incorporated adds interest above the dining area and camouflages the ductwork and structure above.

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Project Specifics:

The project is located within an existing one story building located at the corner of El Camino Real and Quarry Road. The premisis consists of 3,318sf of usable space which includes 440 sf of outdoor patio area which has been divided to provide outdoor patio seating on both sides of the restaurant. There is a total of 52 interior seats and 28 outdoor patio seats of which 4 are on the North patio and 24 are located on the South patio.

Signage:

Wall signage is made up of two main wall signs which incorporates its burger logo:

1. Identified as BR.1 – 24” high by 20’-2” long by 3” deep2. Identified as BR.2 – 18” high by 14’-10=1/2” long by 3” deep.

Shake Shack looks forward to serving the community and providing a unique dining experience.

Sincerely,

Jason M. Smith LandShark Development Services Group

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Attachment G

Project Plans

Hardcopies of project plans are provided to Board members. These plans are available to the public online and/or by visiting the Planning and Community Environmental Department on the

4th floor of City Hall at 250 Hamilton Avenue.

Directions to review Project plans online:

1. Go to: http://bit.ly/PaloAltoPlanningProjects

2. Scroll down the center of the page and click “View pending projects”

3. Scroll to find “180 El Camino Real” and click the address link

4. On this project specific webpage you will find a link to the project plans and

other important information

Direct Link to Project Webpage: https://www.cityofpaloalto.org/news/displaynews.asp?NewsID=4283&TargetID=319

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