1 ACTION NO. 2022-02
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 1033 AMARILLO AVE: PRELIMINARY PARCEL MAP 22PLN-000016
(TED O’HANLON, APPLICANT)
At its meeting on August 8, 2022, the City Council of the City of Palo Alto approved the Preliminary Parcel Map for the development of a two-lot subdivision project with exceptions, making the following findings, determinations and declarations:
SECTION 1. Background.
The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. On January 18, 2022, Ted O’Hanlon applied for a Preliminary Parcel Map with exceptions for the development of a Two-lot subdivision project (“The Project”).
B. The project site is comprised of one lot (APN No. 127-02-006) of approximately 20,788 square feet. The site contains four residential structures. Single-family residential land uses are located adjacent to the lot to the north, east and west.
C. Planning Staff referred the application to the Planning and Transportation Commission (Commission) for a recommendation to the City Council.
D. The Commission reviewed and recommended denial of the Project on April 27, 2022. The Commission’s recommendations are contained in CMR #14371 and the associated attachments.
E. On August 1, 2022, the City Council held a duly noticed public hearing on the subdivision application, at which evidence was presented and all persons were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council’s Policies and Procedures. Council voted to continue the item to August 8, 2022.
F. On August 8, 2022, the City Council held a duly noticed public hearing on the subdivision application and voted to approve the project.
SECTION 2. Environmental Review.
The City as the lead agency for the Project has determined that the project is exempt to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15301, Existing Facilities.
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2 SECTION 3. Preliminary Parcel Map Findings.
A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474):
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451:
The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan as noted below.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans:
The map is consistent with the following Comprehensive Plan policies:
a. Policy L -1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.
b. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.
c. Policy L-3.3 Recognize the contribution of cottage cluster housing to the character of Palo Alto and retain and encourage this type of development.
3. That the site is not physically suitable for the type of development:
The site currently contains four single-family houses on a single lot. This property is more than twice the allowed maximum size for a single-family zoned property. Most residential lots in Palo Alto are between 5,000 and 7,000 sf, and the existing lot size is 20,787 sf. With four units, this is 5,197 sf per unit. The site is physically suitable for four units and is required by SB 330 to maintain the existing number of homes, which is currently four units.
4. That the site is not physically suitable for the proposed density of development:
The proposal for the site will not change the existing residential density. The site is physically suitable for four units and is required by SB 330 to maintain at least four units. It is possible SB 9 and/or ADU regulations could allow for additional units to be added to this site.
5. That the design of the subdivision or the proposed improvements are likely to cause substanti al environmental damage or substantially and avoidably injure fish or wildlife or their habitat:
The minor subdivision will not cause environmental damage or injure fish, wildlife, or their habitat.
The project site has been fully urbanized and developed and is centrally located within the Midtown neighborhood. There is no recognized sensitive wildlife or habitat in the project vicinity.
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3 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems:
The creation of two individual parcels will not cause serious public health problems, as it does not substantially affect the existing conditions and overall function of the property as a site for single - family residences.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
The existing site has no easements. The parcel map will be conditioned to have covenant s of easement for existing utility lines, and/or the shared driveway as necessary for the approved design.
SECTION 5. Exception Findings.
The Preliminary Parcel Map with Exceptions also meets the following Findings for the Exceptions (PAMC 21.32.020):
1. There are special circumstances or conditions affecting the property.
The existing property is larger than the 10,000 sf maximum allowed by the Zoning Code. The subdivision will bring the property into better conformance with the Zoning Code, although the resulting parcels will continue to exceed 10,000 sf.
2. The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
A property of this size is better equipped to provide more than one residential unit. One unit is what is allowed by the R-1 zoning. The maximum FAR for a property of the original size is 7,671 sf, however, the maximum house size allowed in Palo Alto is 6,000 sf. Four units currently exist, at density comparable to most of Palo Alto’s neighborhoods (approximately 1 unit per 6,000 sf). A substantial property right is the ability to rebuild unit(s) on the site. As the existing use/number of units is existing non-conforming, the petitioner is not currently able to rebuild the site in a manner that is consistent with both local zoning regulations and SB 330.
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4 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
The use of the property will not be detrimental to the public welfare or injurious to other properties in the area, as the proposed use and density is more in conformance with the Code, and similar to other R-1 neighborhoods.
4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law.
Granting this exception is found to be consistent with the Subdivision Map Act, Zoning Code, Comprehensive Plan. It will facilitate rebuilding of existing units, and provides an opportunity for new units to be created.
SECTION 5. Preliminary Parcel Map Approval Granted.
Preliminary Parcel Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 7 of this Record.
SECTION 6. Parcel Map Approval.
The Parcel Map submitted for review and approval by the City Council shall be in substantial conformance with the Preliminary Parcel Map prepared by BKF titled “Preliminary Parcel Map for Single-Family Purposes”, consisting of three (3) pages, dated April 7, 2022 except as modified to incorporate the conditions of approval in Section 7. A copy of this plan is on file in the Department of Planning and Development Services, Current Planning Division. Within two years of the approval date of the Preliminary Parcel Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Parcel Map, as specified in Chapter 21.08, to be prepared in conformance with the Preliminary Parcel Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section
21.16.010[a]).
SECTION 7. Conditions of Approval.
Planning Division
1. PROJECT PLANS. The Parcel Map submitted for review and approval by the Director shall be in substantial conformance with the Preliminary Parcel Map prepared by BKF “Preliminary Parcel Map”, consisting of 3 pages, uploaded to the Online Permit Services Portal on February 23, 2022, except as modified to incorporate the conditions of this approval.
2. PARCEL MAP COVER PAGE. At such time as the Parcel Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services.
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5 3. PARCEL MAP EXPIRATION. A Parcel Map, in conformance with the approved Preliminary Parcel Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public Works Engineering Division within two (2) years of the Preliminary Parcel Map approval date. The time period for a project may be extended once for an additional year by the Director of Planning if submitted prior to the expiration date. The resultant parcel map must be recorded prior to any building permit issuance.
4. 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.
5. COVENANT OF EASEMENT. Prior to approval of the Parcel Map, the Applicant shall provide the City with a covenant of easement in a form acceptable to the City Attorney for the purpose of securing a shared driveway and any shared utilities necessary for the two parcels to be created. Such covenant shall be recorded simultaneously with the Parcel Map.
Public Works Engineering
6. PARCEL MAP: This project is subject to, and contingent upon the approval of a preliminary parcel map/final map and recordation of a Parcel/Final Map. The submittal, approval and recordation of the Map shall be in accordance with the provisions of the California Subdivision Map Act and Palo Alto Municipal Code Title 21 Subdivision requirements. All existing and proposed property lines, easements, dedications shown on the preliminary parcel map are subject to City’s technical review and staff approval during the map process prior to issuance of any construction permits.
7. MAP THIRD-PARTY REVIEW: The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fee’s indicated therein, which is based on the complexity of the map.
SECTION 8. Term of Approval.
1. Preliminary Parcel Map. All conditions of approval of the Preliminary Parcel Map shall be fulfilled prior to approval of a Parcel Map (PAMC Section 21.16.010[c]). Unless a Parcel Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Preliminary Parcel Map approval, or such extension as may be granted, the Preliminary Parcel Map shall expire and all proceedings shall terminate.
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6 PASSED: 5-2
AYES: Burt, Cormack, Dubois, Filseth, Tanaka
NOES: Kou, Stone
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________ City Clerk Director of Planning and
Development Services
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
PLANS AND DRAWINGS REFERENCED:
Those plans prepared by BKF Engineers titled “Preliminary Parcel Map for Single Family Purposes”, consisting of three pages, dated April 8, 2022.
DocuSign Envelope ID: 41D1718C-C8B7-45AD-B9E0-BD88CAC65CF4