HomeMy WebLinkAboutOrdinance 56541
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Ordinance No. 5654
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 Classification of
Property Located at 70 Encina Avenue from Service Commercial (CS) Zone to
Planned Community Zone (PC)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations.
(a) On March 24, 2024, Hayes Group Architecture (“Applicant”) submitted an application for
Rezoning to Planned Community/Planned Home Zoning (PHZ) and Major Architectural
Review to redevelop the site at 70 Encina Avenue (the “Subject Property,” more particularly
described in Exhibit A) with ten condominium units, two of which would be below market
rate (the “Project”).
(b) Following Staff Review, the Planning and Transportation Commission (Commission)
reviewed the project on September 11, 2024 and recommended the project to the
Architectural Review Board.
(c) The Architectural Review Board reviewed the project on November 7, 2024 and, following
preparation of the environmental analysis, formally recommended approval of the project
to the City Council on February 6, 2025.
(d) The Planning and Transportation Commission reviewed the project on February 26, 2025;
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, determined that the project is eligible for streamlined
review in accordance with CEQA Guidelines Section 15183. The City prepared an analysis
of the project in accordance with CEQA Guidelines Section 15183, which evaluated the
project’s consistency with the Comprehensive Plan and the Comprehensive Plan EIR,
including relevant addenda. Plan level technical reports were prepared to confirm that
the Comprehensive Plan EIR, including any mitigation required through that EIR, would
adequately address the impacts of the proposed project.
(h) The Council is the decision-making body for approval of the Planned Community Project.
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(i) The site is so situated, and the use or uses proposed for the site are of such characteristics
that the application of general districts or combining districts will not provide sufficient
flexibility to allow the proposed development. Specifically, the project proposes family-
serving, ownership housing units. The existing CS zoning requires ground-floor retail and
limits the square footage for residential uses to a floor area ratio of no more than 0.35 to
1.The limitation on residential housing uses and development standards was intended to
apply to the shopping center, of which this site was previously a leased part. The site is
zoned and designated as part of the shopping center but is no longer leased by the Town
& Country Village shopping center owner and is part of a separate, adjacent parcel. In
order to provide an exclusively multi-family use on this site and to achieve a floor area, lot
coverage and setbacks that allow for development of the project as proposed, the
proposed rezoning is necessary.
(j) Development of the 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, as set forth in Section 6 of this ordinance.
(k) Rezoning of the site to Planned Community is appropriate for the reasons set forth herein.
(l) The use or uses permitted, and the site development regulations applicable within the
district are consistent with the Palo Alto Comprehensive plan and compatible with existing
and potential uses on adjoining sites or within the general vicinity, as set forth in the
Record of Land Use Action (Exhibit B) accompanying this ordinance.
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 “Planned Community
Zone (PC) 5654”.
SECTION 3. Project Description.
The Project as a whole is described in the Development Plan, titled “Encina Housing 70 Encina
Avenue, Palo Alto, CA 94301” and uploaded to the Palo Alto Online Permitting Services Citizen
Portal on February 19, 2025. With respect to the Subject Property, the project comprises the uses
included in this Ordinance, depicted on the Development Plans, incorporated by reference,
including the following components:
(a) Redevelopment of an existing surface parking area, as described in more detail in the
Development Plan, to allow construction of a new 3-story, 19,035 sf building (1.57 FAR); to
include ten (10) residential condominium units organized around a common access court
that provides both vehicular and pedestrian access and site improvements. Two of the
proposed units will be deed restricted to be sold at a rate affordable to households earning
up to 80% of area median income.
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(b) Merger of two existing lots and subdivision into ten (10) residential condominium units
through a subdivision map, which will be filed at a later date.
SECTION 4. Land Uses.
(a) The following land uses shall be permitted:
(1) Multi-family residential in accordance with the project description;
(2) Accessory Uses.
SECTION 5. Site Development Regulations and Development Schedule.
(a) Development Standards:
Development standards for the Subject Property shall be those conforming to the Development
Plans.
(b) Parking and Loading Requirements:
The Owner shall provide parking and loading as set forth in the Development Plan. Specifically,
the Owner shall provide four units with 1 space per unit and six units with 2 spaces per unit, for
a total of 16 parking spaces.
(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, as
required by Palo Alto Municipal Code 18.38.050.
(g) Development Schedule:
The project is required to include a Development Schedule pursuant to PAMC §18.38.100. The
applicant has indicated that development is anticipated to begin in October 2025 and conclude
in December 2026.
Notwithstanding the above, 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
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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 benefit provided by the Project is two dwelling units at below market rates (“BMR”),
affordable to households with income not exceeding 80% of area median income. This exceeds
the base requirement in Palo Alto Municipal Code Chapter 16.65, which would require one BMR
unit and the payment of in-lieu fees.
SECTION 7. Environmental Review
The City prepared an analysis of the project in accordance with CEQA Guidelines Section 15183
and confirmed that the Comprehensive Plan EIR, including any mitigation that would be
addressed as required through that EIR, would adequately address the impacts of the proposed
project.
SECTION 8. Effective Date
This ordinance shall be effective on the thirty-first day after the date of its adoption (second
reading).
INTRODUCED: APRIL 14, 2025
PASSED: MAY 5, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
__________________________
City Clerk
APPROVED AS TO FORM:
__________________________
Assistant City Attorney
_________________________
Mayor
_________________________
City Manager
__________________________
Director of Planning and
Development Services
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Exhibit A Plan and Legal Description
Docusign Envelope ID: 3671CE78-C03D-4690-94EC-DE2C0F0959F5
Order Number: NCS-1218310-SC
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:
PARCEL ONE:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF THE SAN FRANCISCO AND SAN JOSE ROAD,
STATE HIGHWAY, SAID LINE BEING THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND
CONVEYED BY ELIZA J. GREER TO THE CITY OF PALO ALTO, BY DEED DATED SEPTEMBER 15, 1926
AND RECORDED SEPTEMBER 16, 1926 IN BOOK 272, PAGE 54, OFFICIAL RECORDS; WHERE THE SAME
IS INTERSECTED BY THE SOUTHEASTERLY LINE OF THE GREER HOMESTEAD IN THE RANCHO
RINCONADA DE ARROYO DE SAN FRANCISQUITO, SET OFF TO THE ESTATE OF ROBERT L. GREER,
DECEASED, ACCORDING TO THE MAP THEREOF OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK L OF MAPS, PAGE 79;
THENCE RUNNING SOUTH 42° 30' EAST AND ALONG THE PRESENT NORTHEASTERLY LINE OF SAID
HIGHWAY, AND ALONG THE NORTHEASTERLY LINE OF SAID STRIP OF LAND SO CONVEYED TO THE
CITY OF PALO ALTO, 531.50 FEET AND SOUTH 72° 33' EAST 20.01 FEET TO THE NORTHWESTERLY
LINE OF THE EMBARCADERO ROAD, AND THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO
THE CITY OF PALO ALTO; THENCE RUNNING NORTH 70° 10' EAST AND ALONG SAID LINE, 1021.37
FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN 25 FOOT STRIP OF LAND
CONVEYED BY ELIZA JANE GREER, ET AL, TO SOUTHERN PACIFIC RAILROAD COMPANY, A
CORPORATION, BY DEED DATED NOVEMBER 19, 1901, RECORDED NOVEMBER 21, 1901 IN BOOK 246
OF DEEDS, PAGE 240, RECORDS OF SAID COUNTY OF SANTA CLARA; THENCE LEAVING SAID LINE OF
EMBARCADERO ROAD, AND RUNNING NORTH 51° 45' WEST ALONG THE SOUTHWESTERLY LINE OF
SAID 25 FOOT STRIP OF LAND 581 FEET, MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY LINE
OF LANDS SHOWN ON THE MAP OF THE GREER HOMESTEAD, HEREINABOVE REFERRED TO; THENCE
LEAVING SAID 25 FOOT STRIP OF LAND AND RUNNING ALONG THE SOUTHEASTERLY LINE OF SAID
GREER HOMESTEAD, SOUTH 70° 47' WEST 934.69 FEET TO THE POINT OF BEGINNING.
A PORTION OF THE 32 1/2 ACRE TRACT SHOWN ON THAT CERTAIN MAP ENTITLED "PLAT OF A TRACT
OF LAND ON THE SAN FRANCISQUITO RANCHO, OWNED BY CAPT. JOHN GREER", WHICH MAP WAS
FILED FOR RECORD ON MARCH 14, 1878 IN BOOK A OF MAPS, PAGE 23, SANTA CLARA COUNTY
RECORDS.
PARCEL TWO:
BEING A SUMMARY VACATION OF REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL ONE, AS DESCRIBED IN THE TRUST
TRANSFER DEED RECORDED MARCH 28, 2007, DOCUMENT NO. 19362067, SANTA CLARA COUNTY;
THENCE SOUTH 70° 10' 00" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL ONE, A
DISTANCE OF 336.77 FEET;
THENCE SOUTH 51° 45' 00" EAST, 32.22 FEET;
THENCE NORTH 70° 10' 00" EAST, A DISTANCE OF 306.51 FEET;
THENCE NORTH 38° 15' 00" EAST, A DISTANCE OF 25.69 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY LINE OF THE PENINSULA CORRIDOR JOINT POWERS BOARD RIGHT-OF-WAY;
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Order Number: NCS-1218310-SC
First American Title Insurance Company
THENCE NORTH 51° 45' 00" WEST, ALONG SOUTHWESTERLY RIGHT-OF-WAY LINE, A LINE DISTANCE
OF 16.22 FEET TO THE POINT OF BEGINNING.
APN: 120-34-015
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Exhibit B Record of Land Use Action
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APPROVAL NO. 2025-03
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 70 ENCINA AVENUE:
PLANNED COMMUNITY REZONING
(FILE NO 24PLN-00095)
On April 14, 2025, the City Council of the City of Palo Alto (“City Council”) approved an application to
rezone the subject properties from Community Commercial (CC) to a Planned Community Zone District, making
the following findings, determinations and declarations:
SECTION 1. Background.
A. On March 28, 2024 Hayes Group Architects (“Applicant”), on behalf of the property owner,
applied for a Planned Community Rezoning to demolish an existing surface parking lot that
is not currently in use and to construct a 10-unit, three-story, approximately 19,035 square
foot townhome style housing development and associated site improvements (“The
Project”). The project site consists of two parcels, including the 6,060 square foot parcel
located at 70 Encina Avenue (APN 120-03-006) and an adjacent, 6,060 square foot,
unaddressed parcel (APN 120-03-007) for a total combined parcel size of 12,120 square feet.
B. On September 12, 2022 Council conducted a prescreening review of the proposed legislative
action in accordance with PAMC 18.79
C. On September 11, 2024, the Planning and Transportation Commission held a duly noticed
public hearing and recommended that the applicant submit the proposed plans to the
Architectural Review Board (ARB) based on the conceptual design and proposed project in
accordance with the Planned Community Rezoning Process.
D. Following the Planning and Transportation Commission’s Initial Review, the ARB held a duly
noticed public hearing on November 7, 2024 to provide feedback and allow for public
comment on the proposed project. On February 6, 2025 the ARB held a duly noticed public
hearing and recommended approval of the proposed project.
E. On February 26, 2025 the PTC held a duly noticed public hearing and recommended approval
of the proposed project.
F. On April 14, 2025 the City Council held a duly noticed public hearing, at which evidence was
presented and all person were afforded an opportunity to be heard in accordance with the
Palo Alto Municipal Code and the Council’s Policies and Procedures. After hearing public
testimony, the Council voted to approve/adopt:
• Ordinance 5654 amending the zoning of the proposed resulting parcel to Planned
Community; and
• This Record of Land Use Action
G. This application is subject to the conditions set forth in Section 7 of this Record of Land Use
Action
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SECTION 2. Environmental Review. In accordance with California Environmental Quality Act
(CEQA) Guidelines Section 15183, the City prepared an analysis of the project’s consistency with Comprehensive
Plan and Comprehensive Plan 2030 Environmental Impact Report (SCH # 2014052101). The analysis concluded
that the impacts of the proposed project were adequately address through the previously adopted EIR, including
implementation of any mitigation as required through that EIR.
SECTION 3. Planned Community Findings
Finding #1: The site is so situated, and the use or uses proposed for the site are of such characteristics that the
application of general districts or combining districts will not provide sufficient flexibility to allow the
proposed development.
The project is consistent with Finding #1 because:
The proposed project provides family-serving, ownership units. The existing zoning requires ground floor retail,
limits the square footage for residential uses to a floor area ratio of no more than 0.35 to 1, limits the site to
50% lot coverage and requires 10-foot setbacks on the rear and both side yards. The limitation on residential
housing uses and development standards was intended to apply to the shopping center, of which this site was
previously a leased part. The site is zoned and designated as part of the shopping center but is no longer leased
by the Town & Country Village shopping center owner and is part of a separate, adjacent parcel. In order to
provide an exclusively multi-family use on this site and to achieve a floor area, lot coverage and setbacks that
allow for development of the project as proposed, the proposed rezoning is necessary. The project is otherwise
in compliance with Zoning district requirements. There are no other general districts or combining districts that
could applied to this site to achieve the proposed project.
Finding #2: Development of the 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. In making the findings required by this section, the planning commission and city council, as
appropriate, shall specifically cite the public benefits expected to result from use of the planned community
district.
The project is consistent with Finding #2 because:
The applicant proposes to provide increased housing on site to assist the City in reaching its Regional Housing
needs assessment goals, and in particular, inclusionary below market rate units (20% on site where 15% is
required), and to further restrict the income level of the below market rate units. Application of general districts
or combining districts would not allow for this increased housing or mandate changes to the percentage or
income level of the deed restricted units.
Finding #3: The use or uses permitted, and the site development regulations applicable within the district
shall be consistent with the Palo Alto Comprehensive Plan and shall be compatible with existing and potential
uses on adjoining sites or within the general vicinity.
The project is consistent with Finding #3 because:
This project is consistent with the Palo Alto Comprehensive Plan, as described further in Architectural Review
Finding #1 below. Specifically, the proposed exclusively residential use is identified in the Community Commercial
land use designation in areas adjacent to transit. Surrounding uses include Town & Country Village shopping center
to the south, east and west. Across Encina Avenue are one- and two-story office and industrial buildings. The
project is also in the vicinity of the Live Moves Opportunity Center. A portion of the project site (one of the two
subject parcels) is a Housing Inventory Site with an anticipated capacity of 4 units. This project includes merging
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two adjacent parcels in order to exceed the anticipated capacity planned for the single parcel by providing 10 total
units.
SECTION 4. Architectural Review Findings
Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning
Code, coordinated area plans (including compatibility requirements), and any relevant design guides.
The project is consistent with Finding #1 because:
In conformance with the following Comp Plan Goals and Policies, the project will include high quality design
compatible with surrounding development.
Comp Plan Goals and Policies How project adheres or does not adhere to Comp
Plan
The Comprehensive Plan land use designation for
the site is Community Commercial.
This designation allows higher density multi-family
housing in locations near transit centers. The
proposed project is located adjacent the Palo Alto
Caltrain station. Therefore, the proposed use is
consistent with this land use designation.
Land Use Element
Policy L-1.3 Infill development in the urban service
area should be compatible with its surroundings
and the overall scale and character of the city to
ensure a compact, efficient development pattern.
This project proposes to remove an existing surface
parking lot into a ten-unit condominium building. The
proposed three-story height is appropriate to the area,
which contains mostly one- and two-story buildings
with a 5-story building approximately 200 feet away.
Policy L-2.5 Support the creation of affordable
housing units for middle to lower income level
earners, such as City and school district employees,
as feasible.
This project includes two below market rate units,
consistent with this policy.
Policy L-2.11 Encourage new development and
redevelopment to incorporate greenery and
natural features such as green rooftops, pocket
parks, plazas and rain gardens.
The proposed building includes a central courtyard
with seven trees and perimeter planter boxes with
wall vines.
Policy L-6.1 Promote high-quality design and site
planning that is compatible with surrounding
development and public spaces.
The proposed building incorporates high-quality
materials and design elements such as a “base-middle-
top” typology. The massing and height of the project is
compatible with the surrounding area.
Policy L-6.7 Where possible, avoid abrupt changes
in scale and density between residential and non-
residential areas and between residential areas of
different densities. To promote compatibility and
gradual transitions between land uses, place zoning
district boundaries at mid-block locations rather
than along streets wherever possible.
The proposed three-story height is in scale with
nearby buildings and has a 25-foot separation from
the nearest Town & Country Village building. Although
this project is currently surrounded by existing parking
lots, development of these neighboring parcels could
occur and, based on the existing CC zone district
regulations, would be similar in scale with respect to
height.
Program L2.4.4 Assess non-residential
development potential in the Community
Although this property is located within the
boundaries of Town & Country Village, as defined in
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Commercial, Service, Commercial and Downtown
Commercial Districts (CC, CS and CD) and the
Neighborhood Commercial District (CN), and
convert non-retail commercial FAR to residential
FAR, where appropriate. Conversion to residential
capacity should not be considered in Town and
Country Village.
the municipal code, it does not include the conversion
of retail to residential, and therefore would not
conflict with this Program.
Policy L-4.12 Recognize and preserve Town and
Country Village as an attractive retail center serving
Palo Altans and residents of the wider region.
Future development at this site should preserve its
existing amenities, pedestrian scale and
architectural character while also improving safe
access for bicyclists and pedestrians and increasing
the amount of bicycle parking.
The project is located adjacent to existing Town &
Country Village shopping center and its associated
improvements.
This property is not owned or leased by Town &
Country Village and the property owners are not
required to maintain the prior parking use. The
proposed development would not impact current
Town & Country Village amenities or character, and
Town and Country is expected to be able to maintain
their current operations.
The building includes sufficient short and long term
bicycle parking. However, this project includes
minimal pedestrian circulation in and around the
project site.
Policy L-4.13 In Town and Country Village,
encourage a vibrant retail environment and urban
greening.
The project is located within the defined area of Town
& Country Village and while it does not include
additional retail uses, it provides housing near these
uses, contributing to the vibrant retail environment.
Policy L-4.14 In Town and Country Village,
encourage improvement of pedestrian, bicycle and
auto circulation and landscaping improvements,
including maintenance of existing oak trees and
planting additional trees.
This project proposes to remove some of the existing
trees within this surface parking lot area, most of
which are less than 7 inches and are not considered
protected trees. The single existing oak tree within the
vicinity of the site would be protected, consistent with
this policy. Eight new trees would be planted on site
and additional payment of in-lieu fees would be
provided in accordance with the city’s tree canopy
replacement requirements.
Housing Element Policy 3.2 Provide adequate sites,
zoned at the appropriate densities and
development standards to facilitate both affordable
and market rate housing production.
One of the two CC-zoned properties is identified as a
Housing Inventory Site with a capacity of 4 above
moderate-income units. This 10-unit housing project
includes two affordable units and eight market rate
units.
Housing Element Policy 4.3 Implement
development standards, objective design
standards, and architectural and green building
standards that encourage new high-quality rental
and ownership housing.
With approval of the proposed rezoning, the project
would be consistent with the development standards.
The proposed development standards for this project
are appropriate to the site and surrounding area and
ensure an appropriate transition from neighboring
properties, consistent with this policy, as well as
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Architectural Review Findings, and green building
standards.
Policy B-6.6 Retain Town & Country Village as an
attractive, local-serving retail center
The project is located within the defined area of Town
& Country Village and while it does not include
additional retail uses, it provides housing near these
uses, contributing to the vibrant retail environment.
The overall scale of the project as a three-story
townhome design is consistent with the existing
improvements at the shopping center and do not
modify the existing circulation on the site.
As a PHZ project, the zoning development standards are custom built for the building. Therefore, with approval
of the proposed ordinance amending the zoning of this property to Planned community/PHZ this project will
comply with the zoning ordinance. No other design guidelines or documents apply to this location.
Finding #2: The project has a unified and coherent design, that:
a. creates an internal sense of order and desirable environment for occupants, visitors, and the general
community,
b. preserves, respects and integrates existing natural features that contribute positively to the site and
the historic character including historic resources of the area when relevant,
c. is consistent with the context-based design criteria of the applicable zone district,
d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use
designations,
e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas.
The project is consistent with Finding #2 because:
The central driveway provides an internal sense of order in that it provides multi-modal access for cars, bikes, and
pedestrians. The perimeter includes exterior doors from each unit facing the side property lines, providing an
additional pedestrian access to each unit. The three-story form is appropriate in mass, scale, and character to the
neighborhood, including development along Encina Avenue and the Town & Country Village Shopping Center. It
enhances living conditions by providing housing units for families that are within walking distance of the shopping
center, schools, and Caltrain.
Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate
construction techniques, and incorporating textures, colors, and other details that are compatible with and
enhance the surrounding area.
The project is consistent with Finding #3 because:
The project incorporates a variety of materials, including sandy/tan brick veneer, cement, and fiber cement panel,
gray fiber cement panel, dark metal accents and roof, and landscape elements. These materials are utilized on all
four sides of the building, with the brick veneer providing a base to the upper floors. The proposed materials are
compatible with the neighborhood.
Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing
for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and
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utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.).
The project is consistent with Finding #4 because:
The design includes a single entrance (with separate gates) for cars, pedestrians, and bikes. It has limited open
space, primarily in the central driveway and balconies facing the driveway. Pedestrians can also access the side-
yard facing garage doors.
Finding #5: The landscape design complements and enhances the building design and its surroundings, is
appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant
plant material capable of providing desirable habitat that can be appropriately maintained.
The project is consistent with Finding #5 because:
The project provides landscaped area in the front and within the central courtyard. Eight existing trees, none of
which are protected trees, are proposed to be removed. Seven replacement trees planted on site, and additional
landscaping is provided in planters around the perimeter of the building including the Encina Avenue frontage.
The proposed landscaping will provide a suitable residential appearance.
Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy
efficiency, water conservation, building materials, landscaping, and site planning.
The project is consistent with Finding #6 because:
In accordance with the City’s Green Building Regulations, the building will satisfy the requirements for CALGreen
Mandatory + Tier 2 and the Model Water Efficient Landscaping Ordinance (MWELO).
SECTION 5. Architectural Review Approval Granted. Architectural Review Approval is hereby
granted for the Project by the City Council pursuant to PAMC Section 18.77.070 of the Palo Alto Municipal Code,
effective _______, 2025 and subject to the conditions of approval in Section 7 of this Record.
SECTION 6. Plan Approval. The plans submitted for Building Permit shall be in substantial
conformance with those plans prepared by the applicant titled Encina Housing, 70 Encina Avenue, Palo Alto, CA
94301, consisting of 56 pages, uploaded to Accela Citizen Access on February 19, 2025, 2025, except as modified
to incorporate the conditions of approval in Section 6. A copy of these plans is on file in the Department of Planning
and Community Development. This Record of Land Use Action shall be printed on the cover sheet of the plan set
submitted with the Building Permit application.
SECTION 7. Conditions of Approval.
PLANNING DIVISION
1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans
entitled, "70 Encina, Palo Alto, California,” stamped as received by the City on February 19, 2025 on file
with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these
conditions of approval.
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2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire,
Public Works, and Building Departments.
3. BUILDING PERMIT PLAN SET. A copy of this cover letter and conditions of approval shall be printed on
the second page of the plans submitted for building permit.
4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and
approval prior to construction. If during the Building Permit review and construction phase, the project
is modified by the applicant, it is the responsibility of the applicant to contact the Planning
Division/project planner directly to obtain approval of the project modification. It is the applicant’s
responsibility to highlight any proposed changes to the project and to bring it to the project planner’s
attention.
5. AFFORDABLE HOUSING REQUIREMENT (OWNERSHIP PROJECT): This project is subject to the affordable
housing requirements set forth in Section 16.65.030 of the Palo Alto Municipal Code (PAMC). The PAMC
requires that “for projects on sites of less than five acres, fifteen percent (15%) of the dwelling units in
the project shall be made available at affordable sales price to very low, low, and moderate income
households.” As a public benefit, the project includes 20% of the dwelling units to be made available at
80% of Area Median Income. Therefore, the proposed project shall contain no less than two (2) below
market rate units at the moderate income level (restricted at 80% AMI). All Below Market Rate (BMR)
units constructed under this condition shall be in conformance with the City’s BMR Program rules and
regulations. Failure to comply with the timing of this condition and any adopted BMR Program rules and
regulations shall not waive its later enforcement.
6. BELOW MARKET RATE (BMR) HOUSING. A Regulatory Agreement in a form acceptable to the City
Attorney for the two (2) BMR units shall be executed and recorded prior to final map approval or building
permit issuance, whichever occurs first. All BMR units constructed under this condition shall be in
conformance with the City’s BMR Program rules and regulations. Failure to comply with the timing of
this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement.
7. MITIGATION MONITORING AND REPORTING PROGRAM. The Mitigation Monitoring and Reporting
Program (MMRP) associated with the project (2017 Comprehensive Plan EIR) is incorporated by
reference and all mitigation measures shall be implemented as described in said document. Prior to
requesting issuance of any related demolition and/or construction permits, the applicant shall meet
with the Project Planner to review and ensure compliance with the MMRP, subject to the satisfaction of
the Director of Planning and Development Services. The following mitigation measures are relevant to
this project:
a. Mitigation Measure AES-1
b. Mitigation Measure AIR-2a
c. Mitigation Measure AIR-3c
d. Mitigation Measure CULT-3
e. Mitigation Measure CULT-5
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8. NESTING BIRD SURVEY. Vegetation or tree removal shall be prohibited during the general avian nesting
season (February 1 – August 31), if feasible. If nesting season avoidance is not feasible, the applicant
shall retain a qualified biologist, as approved by the City of Palo Alto, to conduct a preconstruction
nesting bird survey to determine the presence/absence, location, and activity status of any active nests
on or adjacent to the project site no more than 14 days prior to scheduled vegetation clearance and/or
demolition activities. If nesting birds are found to be present, a suitable buffer (typically a minimum
buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) as determined
appropriate by the biologist, shall be established around such active nests and no construction shall be
allowed within the buffer areas until a qualified biologist has determined that the nest is no longer
active (i.e., the nestlings have fledged and are no longer reliant on the nest). A report documenting any
data recovered during monitoring shall be prepared by a qualified biologist and submitted to the
Director of Planning prior to final planning inspection.
9. UNANTICIPATED DISCOVERY OF BURIED ARCHAEOLOGICAL, PALEONTOLOGICAL, AND TRIBAL CULTURAL
RESOURCES. No known archeological or paleontological resources are present on or within the
immediate vicinity of the site. However, in the unlikely event that an archeological resource or
paleontological resource is unearthed during ground disturbing activities, work in the immediate area
must be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications
Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the
find. If the find is Native American in origin, then a Native American representative must also be
contacted to participate in the evaluation of the find. The qualified archaeologist, and, if applicable, the
Native American representative, shall examine the find and make recommendations regarding
additional work necessary to evaluate the significance of the find and the appropriate treatment of the
resource. Recommendations could include, but are not limited to, invasive or non-invasive testing,
sampling, laboratory analysis, preservation in place, or data recovery. A report of findings documenting
any data recovered during monitoring shall be prepared by a qualified archaeologist and submitted to
the Director of Planning prior to final planning inspection.
10. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set and shall be
permanently maintained and replaced as necessary.
11. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section 9.10.030, No person
shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of
same, on residential property, a noise level more than six dB above the local ambient at any point
outside of the property plane.
12. NOISE THRESHOLDS ON COMMERCIAL PROPERTY. In accordance with PAMC Section 9.10.040, No
person shall produce, suffer or allow to be produced by any machine or device, or any combination of
same, on commercial or industrial property, a noise level more than eight dB above the local ambient at
any point outside of the property plane.
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13. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no amplified
music shall be used for producing sound in or upon any open area, to which the public has access,
between the hours of 11:00pm and one hour after sunrise.
14. NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis projected noise levels at or within 5
dB less than the Noise Ordinance limits, the applicant shall demonstrate the installed equipment
complies with the anticipated noise levels and the Noise Ordinance prior to final Planning inspection
approval.
15. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial
compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions
during the building process must be approved by Planning, including but not limited to; materials,
landscaping and hard surface locations. Contact your Project Planner, Emily Kallas at
emily.kallas@cityofpaloalto.org to schedule this inspection.
16. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of $769,498.15
plus the applicable public art fee, per PAMC 16.61.040, shall be paid in accordance with PAMC Chapter
16.64.
17. REQUIRED PUBLIC ART. In conformance with PAMC 16.61, and to the satisfaction of the Public Art
Commission, the property owner and/or applicant shall select an artist and received final approval of the
art plan, or pay the in-lieu fee equivalent to 1% of the estimated construction valuation, prior to
obtaining a Building permit. All required artwork shall be installed as approved by the Public Art
Commission and verified by Public Art staff prior to release of the final Use and Occupancy permit.
18. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides that a
project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed
on a development project must initiate the protest at the time the development project is approved or
conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or
exactions are imposed on the Project. Additionally, procedural requirements for protesting these
development fees, dedications, reservations and exactions are set forth in Government Code Section
66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST
PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM
CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND
EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or
other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide
notification that, as of the date of this notice, the 90-day period has begun in which you may protest
these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section
1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6.
19. 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
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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.
20. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs shall conform to the requirements of
Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to approval by the Director of
Planning.
21. TRASH ROOM. The trash room shall be used solely for the temporary storage of refuse and recycling
that is disposed on a regular basis and shall be closed and locked during non-business hours.
22. REFUSE. All trash areas shall be effectively screened from view and covered and maintained in an orderly
state to prevent water from entering into the garbage container. No outdoor storage is allowed/permitted
unless designated on the approved plan set. Trash areas shall be maintained in a manner to discourage
illegal dumping.
23. UTILITY LOCATIONS. In no case shall utilities be placed in a location that requires equipment and/or
bollards to encroach into a required parking space. In no case shall a pipeline be placed within 10 feet of
a proposed tree and/or tree designated to remain.
BUILDING
24. Building permit submittal shall comply with 2022 CBSC if submitted to the City prior to 1/1/26.
25. Building permit submittal shall follow the checklist found at this link.
https://www.cityofpaloalto.org/files/assets/public/v/3/development-services/building-
division/checklists/simplified/r10-new-mf-checklist_1.16.2025.pdf
TRANSPORTATION
26. The Driveway shall be designed to the City's standard
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Public-Works-
Standard-Drawings-and-Specifications
27. Plans shall show the removal of on-street parking spaces as required for refuse service of this
development.
28. TDM PROGRAM AND ANNUAL REPORTING REQUIREMENT: The applicant shall prepare a Transportation
Demand Management (TDM) plan, to the satisfaction of the Director of Planning and Development
Services. The TDM plan shall include measures and programs to achieve a reduction in single-occupancy
vehicle trips to the site by a minimum of 20%, in conformance with the City’s Comprehensive Plan. The
TDM plan shall include an annual monitoring plan to document mode split and trips to the project site.
The TDM annual report shall be submitted to the Chief Transportation Official. Monitoring and
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reporting requirements may be revised in the future if the minimum reduction is not achieved through
the measures and programs initially implemented. Projects that do not achieve the required reduction
may be subject to daily penalties as set forth in the City’s fee schedule.
FIRE
29. FIRE FLOW IMPROVEMENTS. Fire flow test results (August 2024) were not sufficient to meet the min
PAFD required FH flow of 2000 gpm. Water main improvements will be required for this project. All
upgrades required to properly serve the project shall be completed at the expense of the applicant and
in conformance with the City’s standards.
30. FIRE HYDRANT. Install one public fire hydrant on project side of street.
31. Update references on sheet C-7.0 to reference CFC 2022.
PUBLIC WORKS ENGINEERING
32. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised that most forms,
applications, and informational documents related to Public Works Engineering conditions can be found
at the following link:
https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Forms-and-Permits
33. MAP THIRD-PARTY REVIEW. The City contracts with a third-party surveyor that will review and provide
approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map
Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and
the applicant will be responsible for payment of the fee’s indicated therein, which is based on the
complexity of the map.
34. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public
Works for all public improvements.
35. GRADING AND EXCAVATION PERMIT. A Grading Permit is required per PAMC Chapter 16.28. The permit
application and all applicable documents (see Section H of application) shall be submitted to Public
Works Engineering. Add the following note: “THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL
GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY
IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE
BUILDING PERMIT APPROVAL.”
36. CIVIL ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion
of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that
includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns
and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall
certify that the work was done in accordance with the final approved grading plan.
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37. GEOTECHNICAL ENGINEER STATEMENT. The grading plans shall include the following statement signed
and sealed by the Geotechnical Engineer of Record: “THIS PLAN HAS BEEN REVIEWED AND FOUND TO
BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT”.
38. ENCROACHMENT PERMIT. Prior to any work in the public right-of-way, the applicant shall obtain an
encroachment permit from the Public Works Department for any work that encroaches onto the City
right-of-way.
39. LOGISTICS PLAN. A construction logistics plan shall be provided addressing all impacts to the public
including, at a minimum: work hours, noticing of affected businesses, bus stop relocations, construction
signage, dust control, noise control, storm water pollution prevention, job trailer, contractors’ parking,
truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and
traffic control. All truck routes shall conform to the City of Palo Alto’s Trucks and Truck Route
Ordinance, Chapter 10.48, and the route map. NOTE: Some items/tasks on the logistics plan may require
an encroachment permit.
40. STORMWATER POLLUTION PREVENTION. All improvement plan sets shall include the “Pollution
Prevention – It’s Part of the Plan” sheet.
41. C.3 THIRD-PARTY CERTIFICATION. Applicant shall provide certification from a qualified third-party
reviewer that the proposed permanent storm water pollution prevention measures comply with the
requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11.
Submit the following:
a. Stamped and signed C.3 data form (August 2024 version) from SCVURPPP.
https://scvurppp.org/wp-content/uploads/2024/09/SCVURPPP-C.3-Data-Form-
Fillable_2024_wp.pdf
b. Final stamped and signed letter confirming which documents were reviewed and that the
project complies with Provision C.3 and PAMC 16.11.
42. C.3 STORMWATER AGREEMENT. The applicant shall enter into a Stormwater Maintenance Agreement
with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention
measures. The City will inspect the treatment measures yearly and charge an inspection fee. The
agreement shall be executed by the applicant team prior to building permit final.
43. C.3 FINAL THIRD-PARTY CERTIFICATION PRIOR TO OCCUPANCY. Within 45 days of the installation of the
required storm water treatment measures and prior to the issuance of an occupancy permit for the
building, the third-party reviewer shall submit to the City a certification verifying that all the permanent
storm water pollution prevention measures were installed in accordance with the approved plans.
44. PAVEMENT RESTORATION. The applicant shall restore the pavement along the entire project frontage,
curb-to-curb, by performing a 3.5” grind and overlay. The exact restoration limits will be determined
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once the resulting road condition is known following completion of heavy construction activities and
utility lateral installations, at minimum the extent will be the project frontage.
45. IMPERVIOUS SURFACE AREA. The project will be creating or replacing 500 square feet or more of
impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed
impervious surface areas with the building permit application. The Impervious Area Worksheet for Land
Developments form and instructions are available at the Development Center or on our website. To
determine the impervious surface area that is being disturbed, provide the quantity on the site plan.
46. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO). The applicant is required to paint
“No Dumping/Flows to SF Creek” in blue on a white background adjacent to all onsite storm drain inlets.
The name of the creek to which the proposed development drains can be obtained from Public Works
Engineering. Stencils of the logo are available from the Public Works Environmental Compliance
Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the
construction grading and drainage plan.
47. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (RECORD DRAWINGS). At the conclusion of the project
applicant shall provide digital as-built/record drawings of all improvements constructed in the public
right-of-way or easements in which the City owns an interest.
48. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (INDEFINITE ENCROACHMENT PERMIT). An approved
indefinite encroachment permit will be required for private infrastructure constructed in the public
right-of-way, easement or on property in which the City holds an interest, but that was not authorized
by a building permit.
PUBLIC WORKS ZERO WASTE
49. Internal refuse bins shall be installed as listed below. Cut sheets of both the signage and bins are
required on the plan set.
c. Common Areas requires a green compost, black landfill, and blue recycle
d. Mail Area requires a black landfill, and blue recycle
e. *Signage with pictorial items of what goes where and a list of “no” items are required on each of
the bin.
50. If the scope of work involves internal and external bins (compost, recycle, and landfill) and its related
millwork, then on the overall site plan, please show where the bins will be placed and reference the cut
sheets of the three bins (recycle, compost, and landfill) that will be used at each location. The recycle,
compost, and landfill bin must be placed right next to each other. Please see requirements below.
51. The following comments below are part of the Palo Alto Municipality Code and must be reflected in the
plans submitted for building permit as applicable:
a. If your scope of work includes internal and external bins then cut-sheets for the color-coded
internal and external containers, related color-coded millwork, and it’s colored signage must be
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included in the building plans prior to receiving approval from Zero Waste. Please see below for
more details.
b. Per Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse
containers, related color-coded millwork, and colored signage. The three refuse containers shall
include recycle (blue container), compost (green container), and garbage (black container).
Applicant shall present on the plan the locations and quantity of both (any) internal and external
refuse containers, it’s millwork, along with the signage. This requirement applies to any external
or internal refuse containers located in common areas such as entrances, conference rooms,
back of the house kitchen, café, dining area, and etc. except for restrooms, copy area, and
mother’s room.
c. Millwork to store the color-coded refuse containers must have a minimum of four inches in
height worth of color-coding, wrapping around the full width of the millwork. Signage must be
color coded with photos or illustrations of commonly discarded items. Restrooms must have a
green compost container for paper towels and a small landfill bin for sanitary products. Copy
area must have either a recycle bin only or all three refuse receptacles (green compost, blue
recycle, and black landfill container). Mother’s room must minimally have a green compost
container and black landfill container. 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.
URBAN FORESTRY
52. TREE REPLACEMENT IN-LIEU FEES. For the replacement value of 21 unplanted 24" box trees (where the
replacement value is 28 and 7 are proposed for planting) $13,650 must be paid to the Palo Alto Urban
Forestry fund prior to permit issuance. Invoice will be sent to applicant and fees applied, to make
payment.
53. ARBORIST REPORT RECOMMENDATIONS AND MONITORING. The owner and contractor shall implement
all protection and inspection schedule measures, design recommendations and construction scheduling
as stated in the TPR and/or Sheet T-1, and is subject to code compliance action pursuant to PAMC
8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of
the project. If called for, project arborist approval must be obtained and documented in the monthly
activity report sent to the City. When required, the Contractor and Arborist Monthly Tree Activity Report
shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification
approval, using the template in the Tree Technical Manual, Addendum 11.
54. TREE DAMAGE, INJURY MITIGATION AND INSPECTIONS APPLY TO CONTRACTOR. Reporting, injury
mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30.
Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees
that are damaged during construction, pursuant to Title 8 of the PAMC and city Tree Technical Manual,
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Section 2.25. No storage of material, topsoil, vehicles or equipment shall be permitted within the tree
enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be
retained shall be irrigated, aerated and maintained as necessary to ensure survival.
55. TREE PROTECTION VERIFICATION INSPECTION REQUIRED. Prior to any site work, contractor must call
Uriel Hernandez at 650-329-2450 to schedule an inspection of any required protective fencing. The
fencing shall contain required warning sign and remain in place until final inspection of the project.
During the permit phase of a project an applicant must provide the proposed square footage of the
rehabilitated landscape to determine if the project requires a MWELO compliance review. Please see
the document titled “Model Water Efficient Landscape Ordinance Compliance Submittals and
Guidelines” (https://cityofpaloalto.org/civicax/filebank/documents/76159) to determine if the project
qualifies for MWELO Review. If a MWELO review is required, please follow the instructions in the above
document when submitting your permit application and plan set.
56. NO NET LOSS OF CANOPY. To comply with the city’s no net loss of canopy policy (Urban Forest Master
Plan: Goals 6.A, 6.B & 6.C & Comprehensive Plan Natural Environment Chapter: Goal N-2 and others) all
trees 4” DBH and larger are subject to replacement to avoid a loss of canopy at the neighborhood level.
Replacement ratios are determined by table 3-1 in the Tree Technical Manual (Section 3.20.C). New
landscape tree plantings (24” box or larger) count towards the replacement total. Screening trees may
also count toward the total depending on size and species selected. If unable to plant the required
number of trees on site (our preferred solution) there is the option to pay in-lieu fees of $650 per each
24” box tree into the forestry fund.
57. T-1 SHEET. The final Plans submitted for building permit shall include the T1 Sheet and all additional
TSheets regarding tree protection and mitigation.
PUBLIC WORKS WATERSHED PROTECTION
The following conditions are required to be part of any Planning application approval and shall 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. as further described below.
58. Stormwater treatment measures:
f. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. Refer to the
Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (download here:
http://scvurppp-w2k.com/c3_handbook.shtml) for details.
59. Stormwater quality protection
g. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit
fly-away trash and having rainwater enter the containers.
h. Drain downspouts to landscaping (outward from building as needed).
i. Drain HVAC fluids from roofs and other areas to landscaping.
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j. Offsite downgrade storm drain inlets shall also be identified on this plan set and protected. If
City staff removes protection from an inlet in the ROW during a rain event, the contractor shall
replace the inlet protection by the end of the following business day.
60. PAMC 16.09.165(h) Storm Drain Labeling
k. Storm drain inlets shall be clearly marked with the words "No dumping - Flows to [Creek]," or
equivalent.
WATER-GAS-WASTEWATER UTILITIES
61. 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., 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).
62. 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.
63. 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).
64. 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.
65. 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.
66. The applicant shall pay the capacity fees and connection fees associated with new WGW utilities
required with the project. The approved relocation of services, meters, hydrants, or other facilities will
be performed at the cost of the person/entity requesting the relocation.
67. The applicant shall provide to the engineering department a copy of the plans for fire system including
all fire department's requirements.
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68. The property shall have its own water meter for domestic and irrigation shown on the plans. Each
parcel shall have its own water and sewer lateral connection shown on the plans.
69. 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.
70. 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.
71. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over
existing water, gas, or wastewater mains/services. Maintain 2’ 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.
72. All water system improvement necessary to accommodate the development shall be finalize per WGW
requirements and approved by WGW prior to permit issuance.
SECTION 8. Term of Approval.
1. Effective Date. The approvals memorialized in this Record of Land Use Action shall be effective
on the same date that the accompanying ordinance, Ordinance 5654, rezoning the subject
properties takes effect and construction shall occur in accordance with the development
schedule as indicated in the ordinance. Notwithstanding the above, construction of the project
shall commence within two years or the effective date of the ordinance.
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Docusign Envelope ID: 183F3894-4A1C-4EEB-958D-240AA47044DEDocusign Envelope ID: 3671CE78-C03D-4690-94EC-DE2C0F0959F5
Page 18 of 18
INTRODUCED AND PASSED: April 14, 2025
AYES: Burt, Lauing, Lu, Lythcott-Haims, Stone, Reckdahl, Veenker
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director of Planning and
Development Services
PLANS AND DRAWINGS REFERENCED:
1. Those plans prepared by the applicant titled Encina Housing, 70 Encina Avenue, Palo Alto, CA 94301, consisting
of 56 pages, uploaded to Accela Citizen Access on February 19, 2025, except as modified to incorporate the
conditions of approval in Section 7.
Docusign Envelope ID: 183F3894-4A1C-4EEB-958D-240AA47044DE
X
Docusign Envelope ID: 3671CE78-C03D-4690-94EC-DE2C0F0959F5
Certificate Of Completion
Envelope Id: 183F3894-4A1C-4EEB-958D-240AA47044DE Status: Completed
Subject: Complete with Docusign: RLUA 2025-03_70 Encina.pdf
Source Envelope:
Document Pages: 18 Signatures: 5 Envelope Originator:
Certificate Pages: 3 Initials: 0 Tran, Vickie
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vickie.Tran@paloalto.gov
IP Address: 165.225.242.87
Record Tracking
Status: Original
5/21/2025 1:07:33 PM
Holder: Tran, Vickie
Vickie.Tran@paloalto.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: Docusign
Signer Events Signature Timestamp
Claire Raybould
claire.raybould@paloalto.gov
Manager, Current Planning
Copa
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 199.33.32.254
Sent: 5/21/2025 1:42:59 PM
Viewed: 5/21/2025 4:22:18 PM
Signed: 5/27/2025 2:43:27 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Albert Yang
albert.yang@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.212.20.26
Sent: 5/27/2025 2:43:29 PM
Viewed: 5/27/2025 7:56:28 PM
Signed: 6/3/2025 8:30:53 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jonathan Lait
jonathan.lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.88.42.180
Sent: 6/3/2025 8:30:56 AM
Viewed: 6/3/2025 2:23:55 PM
Signed: 6/3/2025 2:26:42 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Shikada
ed.shikada@paloalto.gov
Ed Shikada
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/3/2025 2:26:43 PM
Viewed: 6/3/2025 4:27:34 PM
Signed: 6/3/2025 4:27:40 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Docusign Envelope ID: 3671CE78-C03D-4690-94EC-DE2C0F0959F5
Signer Events Signature Timestamp
Ed Lauing
ed.lauing@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 67.188.59.65
Sent: 6/3/2025 4:27:42 PM
Viewed: 6/3/2025 6:23:19 PM
Signed: 6/3/2025 6:23:53 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Mahealani Ah Yun
mahealani.ahyun@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/3/2025 6:23:54 PM
Viewed: 6/4/2025 2:07:52 PM
Signed: 6/4/2025 2:08:15 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
City Clerk
city.clerk@paloalto.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/4/2025 2:08:17 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Christine Prior
christine.prior@paloalto.gov
Deputy City Clerk
Copa
Security Level: Email, Account Authentication
(None)
Sent: 6/4/2025 2:08:18 PM
Viewed: 6/4/2025 2:17:10 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Emily Kallas
emily.kallas@paloalto.gov
Senior Planner
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 6/4/2025 2:08:18 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Docusign Envelope ID: 3671CE78-C03D-4690-94EC-DE2C0F0959F5
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/21/2025 1:42:59 PM
Certified Delivered Security Checked 6/4/2025 2:07:52 PM
Signing Complete Security Checked 6/4/2025 2:08:15 PM
Completed Security Checked 6/4/2025 2:08:18 PM
Payment Events Status Timestamps
Docusign Envelope ID: 3671CE78-C03D-4690-94EC-DE2C0F0959F5
Certificate Of Completion
Envelope Id: 3671CE78-C03D-4690-94EC-DE2C0F0959F5 Status: Completed
Subject: ORD 5654 - Change Classification of 70 Encina from Service Commercial Zone to Planned Community Zone
Source Envelope:
Document Pages: 29 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 165.225.242.87
Record Tracking
Status: Original
6/5/2025 4:30:00 PM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: Docusign
Signer Events Signature Timestamp
Albert Yang
Albert.Yang@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.212.20.26
Sent: 6/5/2025 4:32:14 PM
Resent: 6/9/2025 4:23:59 PM
Viewed: 6/9/2025 4:24:44 PM
Signed: 6/9/2025 4:25:06 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jonathan Lait
Jonathan.Lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/9/2025 4:25:07 PM
Viewed: 6/9/2025 4:33:50 PM
Signed: 6/9/2025 4:35:25 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Shikada
Ed.Shikada@paloalto.gov
Ed Shikada
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/9/2025 4:35:27 PM
Viewed: 6/12/2025 1:11:26 PM
Signed: 6/12/2025 1:11:47 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ed Lauing
Ed.Lauing@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 67.188.59.65
Sent: 6/12/2025 1:11:59 PM
Viewed: 6/12/2025 2:06:00 PM
Signed: 6/12/2025 2:07:04 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 6/12/2025 2:07:05 PM
Viewed: 6/13/2025 1:33:10 PM
Signed: 6/13/2025 1:33:55 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/5/2025 4:32:14 PM
Envelope Updated Security Checked 6/9/2025 4:23:57 PM
Envelope Updated Security Checked 6/9/2025 4:23:57 PM
Envelope Updated Security Checked 6/9/2025 4:23:57 PM
Envelope Updated Security Checked 6/9/2025 4:23:57 PM
Envelope Updated Security Checked 6/9/2025 4:23:57 PM
Certified Delivered Security Checked 6/13/2025 1:33:10 PM
Signing Complete Security Checked 6/13/2025 1:33:55 PM
Completed Security Checked 6/13/2025 1:33:55 PM
Payment Events Status Timestamps