Attachment E - Applicant’s Project Description and Legal Request Letter

As described in our prior correspondence, this firm represents Acclaim Companies (the “Applicant”) and Globe Investments LLC (the “Property Owner”) on whose behalf we provide this letter associated with Application No. 24PLN-00120 at 762 San Antonio Road (the “Project”), in Palo Alto, California (the “City”). On May 15, 2026 the Applicant uploaded supplemental materials to the City’s portal, which included an updated Affordable Housing Compliance Plan containing new and modified State Density Bonus Law requests. We hereby provide the same requests in this letter as well, as follows:

State Density Bonus Law Requests
We hereby make the following State Density Bonus Law requests in connection with the Project, notwithstanding the fact that the Builder’s Remedy element of the Project allows such inconsistencies, in the alternative/additional to the Builder’s Remedy. We continue to reserve the right to modify these requests or make additional requests, if warranted. 1 Waivers
• Waiver from 18.24.020(b)(1)(C): Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side. The entry to the bike room south of the main entrance is eight feet wide but provides only 2 feet of landscaping on one side for a total width of 10 feet, where 12 feet with 2 feet of landscaping on each side is required. If the Project had to comply with this requirement, 1 For example, we have not yet identified any incentives/concessions, but reserve the right to do so. As a Builder’s Remedy 2.0 development, the Project is eligible for three incentives/concessions. (Govt. Code Sections 65589.5(f)(6)(C)(i), 65915(d)(2)(A)).

ATTACHMENT E
Palo Alto Planning & Devp.

May 26, 2026

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it would lose 400 square feet, qualifying it for a waiver. Waiver is also needed for bike room access from Leghorn, where p roposed bike room access is 5'- 0" wide. To meet the 12' wide path, the Project would need to relocate trash staging area inside the building and result in a building area reduction of approximately 450 SF, qualifying the Project for a waiver.

• Waiver from 18.14.020 Table 3 with regard to upper story step backs: The requirement is a step back minimum on 10’ on El Camino Real (the major street frontage). The project provides a 6’ step-back. If the Project had to comply with this requirement, it would lose 1,680 square feet on each of the top three floors and the marketability and usability of the rooms would suffer, likely resulting in a loss of several units, qualifying the Project for a waiver.

• Waiver from 18.24.050(b)(1)(B): On the side and rear elevations, the step back shall occur for a minimum of 70% of each façade length and shall occur between 33 and 37 feet in height when adjacent to one-story buildings. By contrast for the Project, the North elevation provides a 44.8% step-back; the South elevation provides a 35.5% step-back. If the Project had to comply with this requirement, it would lose 6,200 square feet, qualifying it for a waiver.

• Waiver from 18.24.050(b)(1) (A) and (B): On the Leghorn side, the required upper floor step back extends 45% of the frontage where 70% is required. (Note: for both of these, the plans dimension all the way across the building façade, however we understand the City proposed to count only the portion adjacent to each individual frontage, so that the portions of the building “behind” the 780 San Antonio parcel do not count). If the Project had to comply with this requirement, it would lose 1,800 square feet, qualifying it for a waiver.

• Waiver from 18.24.050(b)(3)(B): The Project previously requested a waiver of this standard, the redesigned Project is currently in compliance. The Applicant reserves the right to reassert this waiver if needed in the future.

• Waiver from Zoning Code Section 18.14.020 Table 3, Note b: On the Leghorn Street frontage, 83% of the frontage is dedicated to garage openings, loading entries, and utility access, where no more than 50% is allowed. If the Project had to comply with this requirement, it would lose approximately 1,800 square feet, qualifying it for a waiver.

• Waiver from 18.24.060(c)(6)(A) and (B): On the Leghorn Street frontage, the Project does not provide 14 foot floor-to-floor and 50% transparency. If the Project had to provide 50% transparency storefront space on the ground level with 14 feet double -height, the design would reduce the building area by approximately 480 SF (assuming a 2 0' deep active space).

Palo Alto Planning & Devp.

May 26, 2026

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• Waiver from 18.24.060(c)(7)(B): On the Leghorn Street frontage, the above grade parking is not lined with commercial or habitable uses with a minimum depth of 20 feet. If the Project had to comply with this requirement, it would lose 1,800 square feet, qualifying it for a waiver.

• Waiver from 18.24.080(b)(2)(F): The fourth-floor common open space is 15% landscaped, and the eighth-floor common open space contains no planting, where a minimum of 20% is required. If the Project had to comply with this requirement, it would lose over 1,810 square feet of residential floor area, qualifying it for a waiver. Notably if the vegetated stormwater areas were included in the calculation, the Project would be in excess of th e standard.

• Waiver from Special Setback for Leghorn Street: On the Leghorn Street frontage, the third through seventh floors encroach into the required 25-foot setback, and the project is instead set back 20 feet. These floors must encroach into the setback in order to satisfy the aerial fire access requirements that the building not be farther than 30 feet from the fire apparatus.

If the Project had to comply with this requirement, it would lose 875 square feet of residential floor area, qualifying it for a waiver.

While the Project is not subject to Zoning Code parking requirements due to the applicability of the Builder’s Remedy, we further note that the Project is additionally entitled to the parking maximums under the State Density Bonus Law, with which the Project complies

Sincerely,

HOLLAND & KNIGHT LLP

Genna Yarkin
Tamsen Plume

Palo Alto City CouncilAugust 17, 2026

Palo Alto City Council
August 17, 2026