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Attachment B - Draft Record of Land Use Action

Palo Alto City Council
September 15, 2025

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Attachment B - Draft Record of Land Use Action
Meeting
September 15, 2025
Body
Palo Alto City Council
Pages
8
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2.2 MB
Text extracted from the city's file for reading and search. Open the original on cityofpaloalto.primegov.com. That file is the official record.
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ACTION NO. 2025-____

RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 400 MITCHELL LANE: CONDITIONAL USE PERMIT (25PLN-00006) On September 8, 2025, the Council of the City of Palo Alto held a duly noticed public hearing and, after considering all of the evidence presented, approved the Conditional Use Permit application for a Private University educational use in the PF Zoning District, making the following findings, determination and declarations:

SECTION 1. Background.

A. On January 8, 2025, Stanford University filed and application for a Conditional Use Permit (CUP) to allow for a Private University educational use within an existing building at 400 Mitchell Lane (“The Project”).

B. In accordance with 18.16.040, a CUP is required for a Private University educational use within the PF zoning district.

C. On June 9, 2025, The Director of Planning and Development Services tentatively approved the CUP in accordance with, and subject to the provisions of, City of Palo Alto Municipal Code (PAMC) Chapter 18.76.

D. On July 17, 2025, within the 14-day request for hearing period following the tentative decision, a request for hearing was filed pursuant to PAMC Section 18.77.060.

E. Following the hearing request, on July 30, 2025, the Planning and Transportation Commission held a duly noticed public hearing, at which evidence was presented and all persons were afforded an opportunity to be heard. The Commission recommended approval of the proposed project to City Council.

F. On September 8, 2025, the City Council held a duly noticed public hearing on the CUP 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.

SECTION 2. Environmental Review. The City, acting as the lead agency for the project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), which provides exemptions for existing facilities.

SECTION 3. Conditional Use Permit Findings
Conditional Use Permit approval is based on the findings indicated under PAMC Section 18.76.010:

1.The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general

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welfare, or convenience.

Stanford University will utilize the existing building for field education services with working and training spaces and host a portion of the Geoscience Specimen Collection. The building will provide the space needed for geological and paleo specimen management, staging, and preparation. The site’s close proximity to a high-quality public transit facility, Caltrain, and other public transportation methods will facilitate student participation, provide resources, and promote sustainable scientific practices. The project does not propose any expansion of the existing building and the scope of work is limited to interior and utility improvements. The project, as conditioned, complies with applicable building and fire requirements for any proposed tenant improvements and for use and occupancy. For these reasons the proposed Private University educational use will not be conducted in a manner that will be injurious to property or improvements in the vicinity or that could be detrimental to the public health, safety, and general welfare, or convenience.

2.The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance.

The subject property has a land use designation of Public Park as it is located on the same parcel as El Camino Park. This land use designation is defined as “Open lands whose primary purpose is public access for active recreation and whose character is essentially urban.” The existing building is situated on a 0.551 subleased area of the larger parcel and is not part of the park dedication. The proposed use of the existing building is compatible with the land use designation as it would not prevent or impede current El Camino Park services. The subject building was previously used by the American Red Cross and Urban Ministry of Palo Alto and has since been vacant. The site is zoned Public Facilities (PF). This zoning allows Private University educational uses as a conditionally permitted use. In 1973, The City of Palo Alto and Stanford University entered into a Williamson Act Contract that included the subject property. Uses permitted by the regulations in the PF zoning district are listed as a compatible use with the governing Williamson Act Contract. Therefore, approval of the project for use of an existing building on the property that is consistent with the PF Zone District’s permitted uses would not result in any conflicts with the existing Willamson Act Contract. The CUP allows the City to review the proposed use at this location to assure that it maintains operations that are compatible with the zoning district and other existing neighborhood uses. As conditioned, the proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance.

SECTION 4. Conditions of Approval.

Planning Division

1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, " C3_400 Mitchell Lane_Plan,” uploaded to the Palo Alto Online Permitting Services Citizen Portal on April 14, 2025, as modified by these conditions of approval.

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2. USE AND OCCUPANCY PERMIT. A valid Use and Occupancy permit issued by the Building Department is required for the Stanford University Doerr School.

3. BUILIDNG PERMIT. A copy of this approval letter shall be printed on any drawings submitted for building permit related to this use.

4. HOURS OF OPERATION. The use is allowed to operate from 6:00 a.m. to 10:00 p.m. per Zoning Code Sections 18.42.040, 18.42.090. All clean up or set up activities shall be conducted within these approved business hours.

5. EVENTS. The Private Educational Use is limited to twelve (12) special events in a calendar year.

Any special event more than the allotted twelve (12) requires approval of a Temporary Use Permit, which must be filed with the City no less than 45 days from the date of the event. The Temporary Use Permit may include conditions to address traffic, circulation, parking, noise, litter, event timing, duration or other conditions deemed appropriate to mitigate potential nuisances to area residents, nearby businesses and institutions, and traffic.

6. CAPACITY. The Private Educational Use shall not exceed the maximum occupant load as provided by the building’s occupancy classification in the California Building Standards Code (Cal. Code Regs. Title 24).

7. GROSS FLOOR AREA, LOT COVERAGE AND PARKING. This approval does not include any changes/increase in gross floor area, lot coverage, or parking on the property. The tenant shall manage the use such that the parking demand of the use does not exceed the parking spaces allocated to the property through the Parking Assessment District and consistent with the project description.

8. SIGNAGE. This approval does not include new signage or adjustments to existing signage.

9. EXTERIOR ALTERATIONS. Any exterior alterations would require a separate Architectural Review application.

10. PROPERTY MAINTENANCE. The operator shall keep the subject property free of litter associated with the business operation.

11. INTENSIFICATION. Any intensification of use shall require an amendment to the Conditional Use Permit and any other entitlements as specified in the Palo Alto Municipal Code.

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

13. EXPIRATION. The project approval shall be valid for a period of one year from the original date of

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approval. In the event a building permit(s) is not secured for the project, or the use does not commence within the time limit specified above, the approval shall expire and be of no further force or effect. If a use authorized by a permit or approval is discontinued for a period of twelve months, the permit or approval will no longer be in effect. If a building or structure that is subject to a permit or approval is destroyed or demolished, the permit or approval will no longer be in effect.

14. REVOCATION OR MODIFICATION 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.

15. 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.

Building Division

16. As part of the Use and Occupancy permit submittal and/or as part of building permit submittal for a tenant improvement, include the furniture layout with exiting path, occupants, exit sign/path clearly shown.

17. Submit tenant improvement plans as part of building permit submittal. Refer to the following submittal checklist for additional information and submittal requirements. https://www.cityofpaloalto.org/files/assets/public/v/6/development-services/building- division/checklists/simplified/c8-tenant-improvement-submittal-checklist_1.16.2025.pdf Utilities Department
The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc.:

FOR BUILDING PERMIT (WGW Utility Engineering)

18. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet for the City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain).

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19. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes, electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the duct bank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water, and gas.

20. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc).

21. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services/laterals.

22. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans.

23. An approved reduced pressure detector assembly (RPDA backflow preventer device, STD. WD- 12A or STD. WD-12B) is required for all existing and new fire water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be installed on the owner's property and directly behind the City owned meter, within 5’ (feet) of the property line or City Right of Way.

24. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly.

25. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation.

26. If a new water service line installation for fire system usage is required. Show the location of the new water service on the plans. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire department's requirements.

27. Each unit or building shall have its own water meter and gas meter shown on the plans. Each parcel shall have its own water and gas service and sewer lateral connection shown on the plans.

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28. A sewer lateral per lot is required. Show the location of the new sewer lateral on the plans. A profile of the sewer lateral is required showing any possible conflicts with storm, electric/communications ductbanks or other utilities.

29. All existing water, and gas. and wastewater services/laterals that will not be reused shall be abandoned at the main per the latest WGW utilities standards.

30. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas, and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10’ of existing trees. Maintain 10’ between new trees and new water and wastewater services/laterals/meters.

31. The applicant shall provide to the WGW Utility Engineering department a copy of the plans for fire system including all fire department's requirements prior to the actual service installation.

32. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater.

Zero Waste Division

33. Provide all three types of containers (recycle, compost, and landfill) as required by PAMC

5.20.108 and SB 1383 in the structure, including in the training room. If the scope of work involves installing internal and/or external refuse bins, then the following requirements apply.

Refer to Palo Alto Municipal Code 5.20.108 - Requirements for owners or managers of multifamily properties and commercial premises. Any location where refuse bins will be installed shall have three bins - recycle (blue container), compost (green container), and garbage (black container).

Show on the plans where the bins will be placed. The three types of refuse bins must be placed right next to each other. Provide cut sheets for the types of refuse bins (recycle, compost, and landfill) that will be used, any related millwork and colored signage. Locations where refuse bins may be located include common area such as entrances, lobbies, conference rooms, back of the house kitchen, cafés, breakrooms, and dining areas (if applicable). The only exceptions are restrooms, copy areas, and mother’s room.
a. Restrooms must have a green compost container for paper towels and an optional black landfill container if applicable. For wall mounted bins, signage must be placed on the bin.
b. Copy areas and mail areas must have either a recycle bin only or all three refuse receptacles (green compost, blue recycle, and black landfill container). c. Mother’s room must minimally have a green compost container and black landfill container.

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d. Laboratory sinks need at least a compost container. A recycling container and a landfill container may also be required depending on waste generated in the lab.

34. If refuse bins will be placed inside a cabinet, then provide cut-sheets for the millwork. The front of the cabinet doors shall have a minimum of four inches in height worth of color-coding, extending the full width of the cabinet door. If there are openings on top of the millwork then the holes need be colored. Signage must also be provided on the containers and on front of the cabinet doors.

35. Signage must be color coded with photos or illustrations of commonly discarded items that are acceptable to place into the bin and words or text of items which are not acceptable to be placed into the bin. Please refer to PAMC 5.20.108 and the Internal Container Guide. Examples of appropriate signage can be found in the Managing Zero Waste at Your Business Guide. Electronic copies of these signage can be found on the Zero Waste Palo Alto’s website, https://www.cityofpaloalto.org/Departments/Public-Works/Zero-Waste/What-Goes- Where/Toolkit#section-2 and hard copies can be requested from the waste hauler, GreenWaste of Palo Alto, (650) 493-4894.

Fire Department

36. Early detection fire alarm system shall be required for the proposed use. This shall be incorporated as part of the Use and Occupancy permit submittal and/or as part of building permit submittal for a tenant improvement.

SECTION 5. Term of Approval.

1. Conditional Use Permit. The project approval shall be valid for a period of one year from the original date of approval. In the event the use does not commence within the time limit specified above, the approval shall expire and be of no further force or effect. Additionally, A Use Permit that has not been used for a period of one (1) year or more shall become null and void (PAMC 18.77.100).
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INTRODUCED: September 8, 2025
PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

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

Those plans titled “C3_400 Mitchell Lane_Plan; Conditional Use Permit; Stanford University,” consisting of eight (8) pages, dated April 14, 2025. A copy of these plans is on file with the Department of Planning and Development Services.

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