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Ordinance No. 5622
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 800-8 14 San Antonio Road fr om Service Commercial (C S) to PC Planned Community Zone (PC-5622) for the Construction of Multifamily Residential Units.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
(a) On January 19, 2023, Architect Mark Donahue, on behalf of TS 800 SA, LLC (“Applicant”) submitted an application for Rezoning to Planned Community/Planned Home Zoning (PHZ) and Major Architectural Review to redevelop the 800-814 San Antonio Road site with 75 condominium residential units and 1,078 sf of commercial s pace (the “800 San Antonio Project”).
(b) Following Staff Review, the Planning and Transportation Commission (Commission) reviewed the project on June 14, 2023 and recommended the project to the Architectural Review Board.
(c) The Architectural Review Board reviewed the project on August 17, 2023 and March 7, 2024; and recommended approval of the project to the City Council. (d) The Planning and Transportation Commission reviewed the project on April 10, 2024; and recommended approval of the project to the City Council. (e) Approval of the Planned Community Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines promulgated thereunder (“CEQA”). (f) The City is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Planned Community Project.
(g) The City, in compliance with CEQA, prepared an Environmental Impact Report (EIR) Addendum to provide an assessment of the potential environmental consequences of approving and constructing the 800 San Antonio Project. (h) The Council is the decision-making body for approval of the Planned Community Project.
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SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the “Zoning Map,” is hereby amended by changing the zoning of Subject Property from Service Commercial (CS) to “PC Planned Community Zone 5622”.
SECTION 3. Project Description.
The Project as a whole is described in the Project Plans. With respect to the Subject Property, the project comprises the uses included in this Ordinance, depicted on the Project Plans, incorporated by reference, including the following components:
(a) Demolition of three existing commercial buildings, as described in more detail in the Project Plans, to facilitate the c onstruction of a 5-story building with 1,0 78 square feet of retail space, and 75 residential condominium units, including 15 units to be sold at below market rates (BMR) in accordance with the City’s BMR guidelines ( 6 units affordable to Very-Low Income households, 5 units affordable to Low Income households, 4 units affordable to Moderate Income households).
SECTION 4. Land Uses.
(a) The following land uses shall be permitted:
(1) Multiple family residential, subject to BMR requirements stated in the project description.
(2) Accessory Facilities and uses customarily incidental to permitted uses
(3) Home Occupations, when accessory to permitted residential uses.
(b) The following land uses shall be permitted on the ground floor, in an area neither greater nor lesser than approximately 1,078 square feet:
(1) Eating and Drinking Services, excluding drive-in and take-out services
(2) Retail Services, excluding liquor stores
(3) Personal Services
(4) Banks and Financial Services
SECTION 5. S
ite Development Regulations and Development Schedule.
(a) Development Standards:
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Development standards for the Subject Property shall be those conforming to the Project Plans.
(b) P arking and Loading Requirements:
The Owner shall provide parking and loading as set forth in the Project Plans.
(c) Mo difications to the Development Plan, Land Uses and Site Development Re gulations:
Once the project has been constructed consistent with the approved Development Plan, any modifications to the exterior design of the Development Plan or any new construction not specifically permitted by the Development Plan or the site development regulat ions contained in Section 5 (a) – (b ) above shall require an amendment to this Planned Community zone. Any use not specifically permitted by this ordinance shall require an amendment to the PC ordinance.
(d) De
velopment Schedule:
C onstruction of the project shall commence within two years of the effective date of this ordinance. Prior to expiration of this timeline, the Owner may seek a one year extension from the Director of Planning and Development Services. All cons truction and development of the project shall be complete within 3 years of the start of construction.
SECTION 6.
Public Benefits.
(a) Public Benefits:
Development of the Project Site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts.
The public benefits provided by the Project include deed-restricted BMR units in excess of the minimum required , retail commercial space on the ground floor, and space for future expansion of bicycle and pedestrian infrastructure along San Antonio Road.
(b) M
onitoring of Condition s and Public Benefits:
Not later than three (3) years following issuance of a certificate of occupancy and at least every three (3) years thereafter, the Owner shall request that the City review the for compliance with the PC district regulations and the conditions of approval for the associated development. The applicant shall provide adequate funding to reimburse Docusign Envelope ID: 7E815D50-0C91-4640-9449-D25272C84520 0160140_20240417_ay16 4
the City for these costs. If conditions or benefits are found deficient by staff, the applicant shall correct such conditions in not more than 90 days from notice by the City. If correction is not made within the prescribed timeframe, the Director of Planning and Development Services will schedule review of the project before the Planning and Transportation Commission and Council to determine appropriate remedies, fines or other actions.
SECTION 7.
Environmental Review.
An Addendum to the EIR for the Housing Incentive Program (HIP) on San Antonio Road was prepared in accordance with the California Environmental Quality Act. The City Council adopted Resolution No. 9925 certifying the adequacy of the EIR and making findings, including a statement of overriding considerations. //
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SECTION 8. Effective Date.
This o rdinance s hall be e ffective o n the t hirty-fi rst d ay a fter t he da te o f its adoption (second reading).
INTRODUCED: May 6, 2024
PASSED: June 3, 2024
AYES: BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES: KOU
ABSENT:
ABSTENTIONS:
ATTEST:
__________________
__________
City Clerk
APPR
OVED AS TO FORM:
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Assistant City Atorney
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Mayor
APPROVED:
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City Manager
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Acting Director of Planning and
Development Services
Exh
ibit A: Subject Property Plat and Legal Description
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EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 03.23.21 @ 10:03 AM by SCA0002402.doc / Updated: 07.10.19 CA----SPS-1-21-FWPS-2989210632 For APN/Parcel ID(s): 147-03-043
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot 12, Tract No. 219 Peninsula Garden Farms, as shown on a Map recorded May 8, 1944 in Book 7, Pages 46 and 47 of Maps, Records of Santa Clara County, California.
EXCEPTING THEREFROM that portion of said land referred to as Parcel 32 in that certain Final Judgment of Condemnation recorded June 30, 1961 in Book 5217 at Page 178, of Official Records.
Docusign Envelope ID: 7E815D50-0C91-4640-9449-D25272C84520 Order Number: NCS-1066568-SM
First American Title Insurance Company
LEGAL DESCRIPTION
Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows:
LOT 13, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO. 219 PENINSULA GARDEN FARMS,"
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 8, 1944 IN BOOK 7 OF MAPS, AT PAGE(S) 46 AND 47.
APN: 147-03-038
Docusign Envelope ID: 7E815D50-0C91-4640-9449-D25272C84520