HomeMy WebLinkAboutOrdinance 56220160140_20240417_ay16 1
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 Classifica tion of Property Located at 800-814 San Antonio
Road from Service Commercial (CS) 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 space (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 construction of a 5-story building with 1,078
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. Site 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)Parking and Loading Requirements:
The Owner shall provide parking and loading as set forth in the Project
Plans.
(c)Modifications to the Development Plan, Land Uses and Site Development
Regulations:
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 regulations 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)Development Schedule:
Construction 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 construction 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)Monitoring of Conditions 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
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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 ordinance shall be effective on the thirty-first day after the date of 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
APPROVED AS TO FORM:
____________________________
Assistant City Atorney
____________________________
Mayor
APPROVED:
____________________________
City Manager
___________________________
Acting Director of Planning and
Development Services
Exhibit 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
Certificate Of Completion
Envelope Id: 7E815D500C9146409449D25272C84520 Status: Completed
Subject: Docusign: Ordinance 5622 - 800-814 San Antonio Road
Source Envelope:
Document Pages: 7 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
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250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
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7/15/2024 1:47:59 PM
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Vinhloc.Nguyen@CityofPaloAlto.org
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Albert Yang
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Assistant City Attorney
City of Palo Alto
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Senior Operations Manager
City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Greer Stone
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Vice Mayor
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Mahealani Ah Yun
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City Clerk
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Administrative Associate III
Copa
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