Item No. 12. Page 1 of 3
City Council
Supplemental Report
From: Jonathan Lait, Planning and Development Services Director Meeting Date: May 18, 2026
Item Number: 12
Report #:2605-6369
TITLE
PUBLIC HEARING / QUASI-JUDICIAL. 4103 Old Trace Road [25PLN-00298]: Request for Approval of a Tentative Map to Allow for the Subdivision of a Vacant 1.02-Acre Lot to Create Nine Residential Lots and One Private Street to Facilitate Construction of Nine New Single-Family Residences and Seven Junior Accessory Dwelling Units (25PLN-00296). CEQA Status: Exempt Pursuant to Assembly Bill 130 (Public Resources Code Section 21080.66). Zone District: RE (Residential Estate)
RECOMMENDATION
Staff recommends that Council adopt an updated Record of Land Use Action (RLUA) incorporating revised conditions of approval from the Electrical Utilities Division.
BACKGROUND
This report provides revised conditions of approval from the Electrical Engineering Division under the Utilities Department for the 4103 Old Trace Tentative Map application. The revised conditions are as follows:
1. TRENCHING. The proposed trench shall meet the City of Palo Alto Utilities (CPAU) clearance requirements.
2. ELECTRICAL BOX AND CONDUITS. The electrical boxes and conduit requirements shall be finalized during the building permit application. No load calculations or requested service sizes have been provided as a part of this application but shall be finalized at the time of streamlined housing development application.
3. ELECTRICAL LOAD CALCULATIONS. CPAU scope may change based on estimated load calculations at the time of building permit application.
4. TRANSFORMER CLEARANCE. The proposed transformers shall maintain a minimum clearance of 3 feet on all sides except the front which shall have a clearance of 8 feet. A minimum distance of 10 feet shall be maintained from any proposed windows and doors.
5. EASEMENTS. All electrical easements will be required to be granted to CPAU for CPAU electric utility boxes and conduits per CPAU regulations and standards.
Item No. 12. Page 2 of 3
6. STREETLIGHT MAINTENANCE. All privately owned streetlights shall be maintained by the applicant.
Additionally, this report provides brief supplementary analysis of two primary issues raised in public comment for this item: 1) that the City Council should deny the application because the project is inconsistent with the City’s objective standards for the RE zone; and 2) that the City should deny the application because the project will create substantial public safety issues.
1.For purposes of state housing laws, the proposed tentative map at 4103 Old Trace Road is consistent with the City’s objective standards.
The Housing Accountability Act (Gov. Code 65589.5) strictly limits the City’s discretion for housing development projects that comply with applicable, objective local standards. When determining whether a project complies with such standards, “the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to [State Density Bonus Law] shall not constitute a valid basis on which to find a proposed housing development project is inconsistent.” (Gov. Code 65589.5, subd (j)(3).)
As explained in the staff report, the proposed tentative map must be considered consistent with the City’s standards for the RE zone because the Comprehensive Plan Land Use Element allows a density ranging up to seven units per acre in this zone. Even though the zoning code provides a density of one unit per acre, State Density Bonus Law requires that the City apply the highest density allowed in the City’s planning documents. (Gov. Code 65915, subd. (o)(6).) In addition, because the project qualifies for a density bonus, the City must also provide unlimited waivers from physical development standards, including street width, lot size, and setback/special setback.
2.The Project will not have a specific, adverse impact on public health and safety that cannot be mitigated.
The City may only deny a waiver or deny/reduce the density of the project if it finds that the wavier or project approval will have a specific, adverse impact on public health and safety that cannot be mitigated. (Gov. Code 65915, subd. (e)(1) and 65589.5, subd. (j)(1).) (footnote: The City may also deny a waiver on the following bases, which are not relevant to 4103 Old Trace Road project: (1) the waiver would be contrary to state or federal law; or (2) the waiver would have a specific, adverse impact on real property listed in the California Register of Historic Resources.) “Specific, adverse impact” means “a significant, quantifiable, direct, and unavoidable impact on public health and safety, based on objective, identified written public health or safety standards.” (Gov. Code 65589.5, subd. (j)(1).)
The public health and safety concerns raised in public comment before the ARB and PTC Item No. 12. Page 3 of 3
do not rise to the level of “specific, adverse impacts” as defined in state law. Safety concerns generally relate to emergency vehicle access to Old Trace Road and conflicts between cars and bicycles/pedestrians. As explained in the staff report, the concern regarding emergency vehicle access is an existing condition that will be improved by the project. With respect to bicycle and pedestrian safety, the project was evaluated against objective traffic management standards by the Office of Transportation and was found not to warrant any intervention. The applicant is voluntarily adding a flashing crosswalk to improve conditions.
ATTACHMENTS
Attachment A: Draft Record of Land Use Action
APPROVED BY:
Jonathan Lait, Planning and Development Services Director