HomeMy WebLinkAboutOrdinance 5646Ordinance No.5646
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of
Title 18 (Zoning) of the Palo Alto Municipal Code to Implement the 2023-2031
Housing Element
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A.On May 8, 2023, the City Council adopted Resolution No. 10107, approving an Addendum
to the Comprehensive Plan Environmental Impact Report (EIR), making various findings,
and adopting the 2023-2031 Housing Element for the City of Palo Alto.
B.On December 18, 2023, the City Council approved a Revised Addendum to the
Comprehensive Plan EIR and adopted Ordinance No. 5608, rezoning sites in the 2023-
2031 Housing Element Sites Inventory to accommodate the City's Regional Housing Needs
Allocation.
C.On April 15, 2024, the City Council adopted Resolution No. 10155, making various
findings, adopting a Revised 2023-2031 Housing Element, and authorizing the Director of
Planning and Development Services to take further actions necessary to achieve
certification of the Housing Element by the California Department of Housing and
Community Development (HCD).
D.On August 19, 2024, HCD found that the Revised 2023-2031 Housing Element, as further
modified on July 17, 2024, was substantially compliant with state law.
E.The City's Revised 2023-2031 Housing Element includes several programs that require
updates to the Palo Alto Municipal Code in Fiscal Year 2025. These include parts of
programs 1.5 (Stanford University Lands), 3.6 (Expedited Project Review), 4.1
(Replacement Housing), and 6.5 (Alternative Housing).
F.On November 13, 2024, the Planning and Transportation Commission considered and
recommended that the City Council adopt this ordinance to implement the 2023-2031
Housing Element.
SECTION 2. Sections 18.20.030 (Land Uses) and 18.20.040 (Site Development
Standards) of Chapter 18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP and GM)
Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows
(additions underlined; deletions struck through; unchanged text omitted by bracketed ellipses):
18.20.030 Land Uses
(a)Permitted and Conditionally Permitted Land Uses
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Table 1 lists the land uses permitted or conditionally permitted in the industrial and
manufacturing districts.
Table 1
Industrial/Manufacturing District Land Uses
[P = Permitted Use CUP= Conditional Use Permit Required]
MOR ROLM RP GM Subject to
ROLM(E) RP(S) Regulations in
Chapter:
[...] [. . .] [ ... ][...] [. ..] [...]
RESIDENTIAL USES
Single-Family 18.20.0 40(b)
Two-Family 18.20.0 40(b)
Multiple-Family (Housing p p p 18.1 4.0 20
Element Opportunity Site)
Multiple-Family CUP cuP11l QW. p(2)cup11i 18.14.020L18.4 2.200
Residential Care Homes p CUP CUP CUP 18.i�.1QQ{8)
18.4 2.200(B}
[...] [. . .] [ ... ][...] [. ..] [...]
Notes:
(1)Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma
Verde Avenue (see Figure 1), subject to CUP.
(2} A CUP is reguired for residential develo12ment 12ro12osed on sites within 600 feet of a facility
in which Tier 2 Hazardous Materials are manufactured1 stored1 used1 or handled. In no event
shall residential develo12ment be 12ermitted on a site within 300 feet of a facility in which Tier
2 Hazardous Materials are manufactured, stored, used, or handled. This footnote shall be
inter12reted in a manner consistent with Section 18.4 2.200.
[ ... ]
(d)Emergency Shelters for the Homeless
Emergency shelters for the homeless may be allowed as a permitted use in the ROLM(E) district
on properties located east of Highway 101, subject to the following performance and design
standards. An emergency shelter in the ROLM(E} district shall be reviewed ministerially1 without discretionary review.
Performanee and Design �tandards for Emergeney �l:ielters for tl:ie l=lomeless.
An emergeney sl:ielter for tl:ie l:iomeless sl:iall EOnform to all site development standards and
performanee eriteria of tl:ie ROLM{E) zone distriEt e:>EEept as modified by tl:ie follo1•♦.1ing
performanee and design standards:
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(1)The construction of and/or renovation of a building for use as an emergency shelter shall
conform to all applicable building and fire code standards.
(2) There shall be pro>1ieleel ene parking spaee fer eaeh three (J) beels in the ernergene11
shelter.
(a)Shelters shall have Elesignateel srneking areas that are net visible frern the street anel
whieh are in eernplianee with all ether laws anel reg1:1latiens.
(4) There shall be ne spaee fer e1:1teleer eengregating in frent ef the b1:1ileling aeljaeent te the
street and no 01:1tdoor p1:1blic telephones.
(§) There shall be a refl:lse area sereeneel frern 1.iiew.
(e-.f.) Maximum number of persons/beds. The emergency shelter for the homeless shall
contain no more than 40 beds.
(7)Size and location of exterior and interior on site waiting and client intake areas. Shelters
shall provide 10 sq1:1are feet of interior waiting and client intake space per bed. In addition,
there shall be two office areas provided for shelter staff. Waiting and intake areas may be
1:1sed for other p1:1rposes as needed d1:1ring operations of the shelter.
(8 �) On-site management and security. On-site management and on-site security shall be
provided during hours when the emergency shelter is in operation.
(91)The emergency shelter provider shall submit an operations plan that addresses the
standards for operation contained in the Palo Alto Q1:1ality Ass1:1rance Standards for
Emergency Shelters for the Homeless Santa Clara Countywide Quality Assurance Standards
for Homeless Housing & Service Programs.
(10)Distance to other facilities. The shelter rn1:1st be more than JOO feet from any other
shelters for the homeless.
(-1-± �.) Length of stay. Temporary shelter shall be available to residents for no more than
W120 days. Extensions up to a total stay of 180 days may be provided if no alternative
housing is available.
(±2-§.) Outdoor lighting shall be sufficient to provide illumination and clear visibility to all
outdoor areas, with minimal shadows or light leaving the property. The lighting shall be
stationary and directed away from adjacent properties and public rights-of-way.
[. . .]
18.20.040 Site Development Standards
[. . .]
(i)(ReservedJ Emergency Shelters for the Homeless
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An emergency shelter for the homeless shall conform to all site development standards and
performance criteria of the ROLM(E) zone district except as modified by the following standards:
(1)Sufficient on-site parking shall be provided to accommodate all staff working in the
emergency shelter.
(2)Shelters shall provide 10 square feet of interior waiting and client intake space per bed.
In addition. there shall be two office areas provided for shelter staff. Any outdoor
waiting area shall be in a location not adjacent to the street. Waiting and intake areas
may be used for other purposes as needed during the operations of the shelter.
(3)There shall be a refuse area screened from view.
[. . .]
SECTION 3. Table 1 (Minimum Off-Street Parking Requirements) of Section 18.52.040
(Off-Street Parking, Loading, and Bicycle Facility Requirements) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended as follows
(additions underlined; unchanged text omitted by bracketed ellipses):
Use Vehicle Parking Requirement Bicycle Parking Requirement
(# of spaces)
Spaces Class 1 Long-
Term (LT) and Short-Term (ST)
[. . .] [.. .] [...]
SERVICES USES
[ . . . ] [. . . ] [...]
Day Care Homes, Family 2 per dwelling unit, one of which None
(Large) shall be covered, plus one for
each employee not residing at the home
Emergency Shelters for the 1 per employee not residing None
Homeless at the shelter.
[. . .] [.. .] [...]
SECTION 4. Section 18.77.070 (Architectural Review Process) of Chapter 18.77
(Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended as follows (additions underlined; deletions struck through; unchanged text omitted by
bracketed ellipses):
18. 77 .070 Architectural Review Process
[. . .]
(c)Hearing and Recommendation for Major Projects, and for Minor Projects Upon Request
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(1)Upon receipt of a completed application for a major project (as defined in Section
18.76.020(b)(2)), or upon receipt of a timely request for a hearing for a minor project
(as defined in Section 18.76.020(b)(3)), the architectural review board shall set a hearing
date to review the application.
(2)Notice of the hearing shall be given at least 10 days prior to the hearing by publication
in a local newspaper, by posting in a public place, and by mailing to the applicant, the
hearing requester, if applicable, and all residents and owners of property within 600
feet of the project. Notice shall include the address of the property, a brief description
of the proposed project, and the date and time of the hearing.
(3)Following the hearing, the architectural review board shall make a recommendation on
the application, which shall be forwarded to the director.
(4)A housing development project that is subject to major Architectural Review under
Section 18.76.020 shall be limited to two meetings before the Architectural Review
Board, unless the applicant requests additional hearings.
(d)Decision by the Director
Upon receipt of a recommendation of the architectural review board:
(1)Within 5 working days, the director shall prepare a written decision to approve the
application, approve it with conditions, or deny it.
(2)Notice of the director's decision shall be given by mailing to owners and residents of
property within 600 feet of the property, and by posting in a public place. Notice shall
include the address of the property, a brief description of the proposed project, a brief
description of the action to be taken, the date the decision will be final, and a description
of how to request a hearing.
(3)The director's decision shall become final 14 days after the date notice is mailed unless
an appeal is filed. The director may, for good cause, specify in writing a longer period for
requesting a hearing at the time he or she issues the proposed decision.
(4)If the architectural review board continues a minor project or housing development
project more than once, or a major project more than twice, the director may make a
decision on the application prior to receiving the final recommendation of the board.
[. . .]
SECTION 5. Section 18.14.060 (By Right Housing Projects) of Chapter 18.14 (Housing
Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added as follows:
18.14.060 By Right Housing Projects
(a)Affordable Housing on Higher Education and Religious Lands
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(1)Notwithstanding any conflicting provision of this Title 18 or the Comprehensive
Plan, a qualifying housing development project under California Government
Code Section 65913.16 shall be a use by right.
(2)Housing development projects utilizing this section in the R-1 Single-Family
Residential District and the Low-Density Residential Districts shall be subject to
the development standards for the RM-30 zoning district, except that the
maximum Floor Area Ratio (FAR) shall be 1.25.
(3)All housing development projects utilizing this section shall comply with Chapter
18.24 (Contextual Design Criteria and Objective Design Standards).
(b)Supportive Housing in Multi-family and Mixed-use Zones
(1)Supportive housing shall be a use by-right in zones where multifamily and mixed
uses are permitted, including nonresidential zones permitting multifamily uses, if
the proposed housing development satisfies all of the requirements of California
Government Code Sections 65650-65656.
(2)All housing development projects utilizing this section shall comply with Chapter
18.24 (Contextual Design Criteria and Objective Design Standards).
(c)Low Barrier Navigations Centers in Multi-family and Mixed-use Zones
(1)Low barrier navigation centers shall be a use by-right in zones where multifamily
and mixed uses are permitted, including nonresidential zones permitting
multifamily uses, if the proposed project satisfies all of the requirements of
California Government Code Sections 65660-65658.
(d)Group Homes in Residential Zones
(1)As used in this Section, "group home" means housing shared by unrelated persons
with disabilities that provide peer and other support for their residents' disability
related needs and in which residents share cooking, dining, and living areas. Group
home includes Residential Care Home, as defined in Section 18.04.030.
(2)Group homes that do not provide services requiring licenses under state law and
Residential Care Homes shall be uses by-right in residential zones, subject only to
those standards and requirements applicable to residential uses.
(e)Provided they comply with the City's objective standards, by-right projects under this
section shall not be subject to any discretionary review nor environmental review under the
California Environmental Quality Act. By-right projects under this section shall be processed
in accordance with Section 18.77.074.
SECTION 6. Section 18.40.160 (Replacement Project or Discretionary Review Required)
of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto
Municipal Code is hereby amended as follows (additions underlined; deletions struck through):
18.40.160 Replacement Project or Discretionary Review Required
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(a)Except where necessary for health and safety purposes (as determined by the City's
Building Official), N-n.o permit required under Title 2 (Administrative Code), Title 12 (Public
Works and Utilities), or Title 16 (Building Regulations) shall be issued�
(b)
..... (1 ..... ) __ F __ o ____ r demolition or deconstruction of a single-family residence or duplex in the Low-
Density Residential District (Chapter 18.10) or Single-Family Residential District
(Chapter 18.12), e>Ecept where necessary for health and safety purposes (as
determined by the City's Building Official), unless building permit plans for a
replacement project have been approved. This subsection shall also apply to the
demolition of a single-family residence or duplex in the Multiple Family Residential
District (Chapter 18.13) when the replacement project does not require
discretionary review.
No permit required under Title 2 (Administrative Code), Title 12 (Public Works and
Utilities), or Title 16 (Building �egulations) shall be issued
(2)For any project requiring discretionary review under Title 18 or Title 21, unless the
application for discretionary review has been approved.
(3)For demolition or deconstruction of a residential unit. unless a replacement
project has been approved that contains at least as many residential dwelling units
as will be demolished.
(A)If the proposed development project is not a housing development
project. the replacement housing units may be located on a site other than
the project site but shall be located within Palo Alto and shall be developed
(B)
(C)
prior to or concurrently with the proposed development project.
If the existing residential unit(s) is a nonconforming use, it shall be replaced
in a manner consistent with the current zone district regulations.
Replacement of Protected Units, as those terms are defined in California
Government Code Section 66300.5, shall be subject to the additional
requirements of California Government Code Section 66300.6.
SECTION 7. Sections 18.28.020 (Definitions) 18.28.040 (Land Uses), 18.28.070
(Additional OS District Regulations), and 18.28.080 (Additional AC District Regulations) of Chapter
18.28 (Special Purpose (PF, OS, and AC) Districts) of Title 18 (Zoning) of the Palo Alto Municipal
Code are hereby amended as follows (additions underlined; unchanged text omitted by
bracketed ellipses):
18.28.020 Definitions
As used in this chapter, unless otherwise apparent from the context, the following definitions
shall apply:
(a)"Conservation or natural resource land" means land which possesses or encompasses
conservation or natural resources.
(b)"Conservation or natural resource" includes, but is not necessarily limited to, streams,
watersheds, groundwater recharge, soils, wildlife habitat, as defined in this section,
special landforms, and natural vegetation.
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(c)"Farmworker housing" means employee housing, as that term is defined in California
Health and Safety Code Section 17008, for agricultural employees, as that term is defined
in California Labor Code Section 1104.4.
(e g_) "Open space land" means any parcel or area of land essentially unimproved or in its
natural state, and devoted to an open space use as defined in this section, and which is
designated in the open space element for an open space use.
(€1- g_) "Open space district" means any area of land or water designated "OS" and subject to all
of the terms and regulations of this chapter.
(e f) "Open space use" means the use of land for:
(1)Public recreation;
(2)Enjoyment of scenic beauty;
(3)Conservation or use of natural resources;
(4)Production of food or fiber;
(5)Protection of persons and their artifacts (buildings, property, etc.);
(6)Containment and structuring of urban development.
(f g) "Recreation land" means any area of land or water susceptible to recreational uses.
(g h) "Scenic land" means any area of land or water that possesses scenic qualities worthy of
preservation.
(-ll l) "Wildlife habitat" means any area of land or water valuable or necessary to the
preservation or enhancement of wildlife resources.
[ ... ]
18.28.040 Land Uses
Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special
Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to
Regulations in
Chapter:
[. . .] [ ... ] [. . .] [. . .] [...]
AGRICULTURAL AND OPEN SPACE USES
Agricultural Uses, including p p
animal husbandry, crops,
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dairying, horticulture, nurseries,
livestock farming, tree farming,
viticulture, and similar uses not
inconsistent with the intent and
purpose of this chapter, including
farmworker housing(3) in
accordance with the California
Health and Safety Code
[. . .] [. . .] [. . .] [. . .] [...]
RESIDENTIAL USES
Single-family dwellings pill
Manufactured housing (including p ±&-:4-0-:
mobile homes on permanent 18.42.100
foundations)
[. . .] [...] [. . .] [. . .] [. . .]
Footnotes:
(1)Provided such use is conducted on property owned by the City of Palo Alto, the County of
Santa Clara, the State of California, the government of the United States, the Palo Alto Unified
School District, or any other governmental agency, and leased for said uses.
(2)An accessory dwelling unit or a Junior Accessory Dwelling Unit associated with a single
family residence on a lot in the OS District is permitted, subject to the provisions of Section
18.42.040, and such that no more than two total units result on the lot.
(3)In accordance with California Health and Safety Code Section 17021.5, employee housing
for six (6) or fewer employees shall be deemed a single-family structure. In accordance with
Health and Safety Code Section 17021.6, qualifying farmworker housing shall be considered an
agricultural use.
[ ... ]
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
(a)Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set
forth in Section 18.42.040.
(b)Site and Design Approval
All sites in the OS district shall be subject to the Site Design and Review Combining District (D) as
provided in Chapter 18.30(G) of the Zoning Ordinance, subject to the following modifications:
(1)Minor Site and Design Review: For minor projects (e.g., fences, landscape changes to an
approved project, trash enclosures, accessory buildings 200 square feet or less, etc.), the
9
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review process shall follow the Minor Architectural Review (staff level) procedures as
outlined in Section 18.77.070. To qualify as a minor project, the project shall have less
than 10 cubic yards of excavation and or grading and be Categorically Exempt from the
California Environmental Quality Act (CEQA).
(2)Major Site and Design Review: For all other projects not reviewed as Minor Site and
Design Review, the project will be forwarded to the Planning and Transportation
Commission for review and recommendation and then placed on the Council Consent
agenda for final action, as prescribed for staff actions outlined in Section 18.77.060
(Standard Staff Review Process). Provided, however, that the following projects may be
forwarded directly to the City Council Consent agenda by staff, without review by the
Planning and Transportation Commission, where all of the following conditions apply:
a.The project is not a second dwelling unit; and
b.The project would comprise less than 1,000 square feet of floor area, less than
1,000 square feet of impervious cover, and less than 100 cubic yards of excavation
and/or grading; and
c.The proposed floor area or impervious cover would not exceed 50% of the
allowable for the site; and
d.The project and any prior projects within the prior five years would not
cumulatively exceed these thresholds.
(3)Farmworker housing may be entitled to streamlined review pursuant to California Health
and Safety Code Section 17021.8.
L.J
18.28.080 Additional AC District Design Requirements
The following additional regulations shall apply in the AC district:
(a)Site and Design Approval
All sites in the AC district shall be subject to the Site Design and Review Combining District (D)
regulations as provided in Chapter 18.30{G), except that farmworker housing may be entitled to
streamlined review pursuant to California Health and Safety Code Section 17021.8.
(b)Location of Agricultural Facilities
Barns, stables, sheds, chicken houses, and other similar facilities for the shelter and feeding of
animals, exclusive of domestic household pets, shall be located a minimum of 40 feet from any
site line.
SECTION 8. Section 21.10.040 (General Requirements) of Chapter 21.10 (Parcel Maps
for Urban Lot Splits in Single-Family Zones) of Title 21 (Subdivisions and Other Divisions of Land)
of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions
strl:lck throl:lgh):
10
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21.10.040 General requirements.
(a)The minimum size for a parcel created by an Urban Lot Split is 1,200 square feet.
(b)The lots created by an Urban Lot Split must be of approximately equal area, such that no
resulting parcel shall be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(c)Where existing dwelling units on the property are to remain, no lot line may be created
under this Chapter in a manner that would bisect any structure or that would result in
more than two dwelling units on any resulting parcel.
(d)Ne1NI'( creates lot lines shall not renEler an existing structure noncom13l1ying in any res13ect
{e.g. fleer area ratio, let ce¥erage, 13arking), nor increase the Eleeree of nencemraliance of
an existing noncom13liant structure Reserved.
(e)Each parcel shall comply with any objective lot design standards for Urban Lot Splits
adopted by the City Council.
(f)Utility easements shall be shown on the parcel map and recorded prior to, or concurrent
with the final parcel map recordation.
(g)A covenant necessary for the maintenance of stormwater treatment facilities shall be
recorded prior to, or concurrent with final map recordation.
(h)Existing driveways to be demolished shall follow the procedure(s) in 12.08.090
Elimination of abandoned driveway.
(i)A maintenance agreement shall be recorded to ensure shared maintenance of any shared
access easements, stormwater treatment, landscaping, and private utilities, prior to final
parcel map recordation.
SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 10. In accordance with the California Environmental Quality Act (CEQA), the
City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR),
analyzing the potential environmental impacts of the 2023-2031 Housing Element. On May 8,
2023, the City Council adopted Resolution No. 10107, and on December 18, 2023, the City Council
approved a Revised Addendum, finding that the Addendum, as revised, and the 2017 EIR
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adequately analyzed the environmental impacts of the Housing Element, including the Programs
implemented by this ordinance.
SECTION 11. This Ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED: JANUARY 21, 2025
PASSED: FEBRUARY 10, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
0160164_kb2_20240108_ay16
Mayor
APPROVED:
City Manager
Director of Planning and
Development Services
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Certificate Of Completion
Envelope Id: 5247D36F-2EDA-4DF0-A21F-8CDC234C3C2D Status: Completed
Subject: ORD 5646: Implement 2023-2031 Housing Element.pdf
Source Envelope:
Document Pages: 12 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@CityofPaloAlto.org
IP Address: 199.33.32.254
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Albert Yang
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Assistant City Attorney
City of Palo Alto
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Jonathan Lait
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City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Ed Lauing
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Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 2/25/2025 10:08:07 AM
Viewed: 3/8/2025 11:17:42 PM
Signed: 3/8/2025 11:18:11 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/11/2025 4:19:55 PM
Certified Delivered Security Checked 3/8/2025 11:17:42 PM
Signing Complete Security Checked 3/8/2025 11:18:11 PM
Completed Security Checked 3/8/2025 11:18:11 PM
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