Loading...
HomeMy WebLinkAbout2021-10-13 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: October 13, 2021 Virtual Meeting 6:00 PM https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833 ****BY VIRTUAL TELECONFERENCE ONLY*** Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast live on Cable TV and through Channel 26 of the Midpen Media Center at https://midpenmedia.org/local-tv/watch-now/. Members of the public may comment by sending an email to planning.commission@cityofpaloalto.org or by attending the Zoom virtual meeting to give live comments. Instructions for the Zoom meeting can be found on the last page of this agenda. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Commission reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public Call to Order / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. City Official Reports 6:00 PM-6:15 PM 1. Directors Report, Meeting Schedule and Assignments Study Session Public Comment is Permitted. Three (3) minutes per speaker.1,3 6:15 PM-7:00 PM 2. Study Session to Review 2021 State Legislation Related to Planning and Housing Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Three (3) minutes per speaker.1,3 7:00 PM-8:30 PM 3. PUBLIC HEARING / QUASI-JUDICIAL. 985 Channing Avenue [21PLN-00167]: Request for Public Hearing of a Preliminary Parcel Map to remove a recorded height restriction on the underlying Parcel Map. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Guideline Section 15315 (Minor Land Divisions). Zoning District: R-1 (Single Family Residential). Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 8:30 PM-8:35 PM 4. September 8, 2021 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair Bart Hechtman Vice Chair Giselle Roohparvar Commissioner Michael Alcheck Commissioner Bryna Chang Commissioner Ed Lauing Commissioner Doria Summa Commissioner Carolyn Templeton Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to planning.commission@CityofPaloAlto.org 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Board, click on the link below for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in-browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an agenda item, click on “raise hand”. The moderator will activate and unmute attendees in turn. Speakers will be notified shortly before they are called to speak. The Zoom application will prompt you to unmute your microphone when it is your turn to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Board. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833 (you may need to exclude the initial “1” depending on your phone service) Planning & Transportation Commission Staff Report (ID # 13655) Report Type: City Official Reports Meeting Date: 10/13/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items: • PTC Meeting Schedule • PTC Representative to City Council (Rotational Assignments) • Tentative Future Agenda Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments: • Attachment A: October 13, 2021 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 5 Planning & Transportation Commission 2021 Meeting Schedule & Assignments 2021 Schedule Meeting Dates Time Location Status Absences/Notes 1/13/2021 6:00 PM Virtual Meeting Regular 1/27/2021 6:00 PM Virtual Meeting Regular 2/10/2021 6:00 PM Virtual Meeting Regular Roohparvar 2/24/2021 6:00 PM Virtual Meeting Regular Roohparvar 3/10/2021 6:00 PM Virtual Meeting Regular 3/31/2021 6:00 PM Virtual Meeting Regular 4/14/2021 6:00 PM Virtual Meeting Regular 4/28/2021 6:00 PM Virtual Meeting Regular 5/12/2021 6:00 PM Virtual Meeting Regular 5/26/2021 6:00 PM Virtual Meeting Regular Roohparvar 6/9/2021 6:00 PM Virtual Meeting Regular Chang 6/30/2021 6:00 PM Virtual Meeting Regular Alcheck, Roohparvar 7/14/2021 6:00 PM Virtual Meeting Regular 7/28/2021 6:00 PM Cancelled Cancelled 8/11/2021 6:00 PM Cancelled Cancelled 8/25/2021 6:00 PM Cancelled Cancelled 9/8/2021 6:00 PM Virtual Meeting Regular 9/29/2021 6:00 PM Cancelled Cancelled 10/13/2021 6:00 PM Virtual Meeting Regular 10/27/2021 6:00 PM Virtual Meeting Regular 11/10/2021 6:00 PM Virtual Meeting Regular 11/24/2021 6:00 PM Cancelled Cancelled Day Before Thanksgiving 12/8/2021 6:00 PM Virtual Meeting Regular 12/29/2021 6:00 PM Cancelled Cancelled 2 Days Before NYE 2021 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Giselle Roohparvar Michael Alcheck Ed Lauing Cari Templeton Giselle Roohparvar Michael Alcheck Cari Templeton Bart Hechtman Giselle Roohparvar Doria Summa Bart Hechtman July August September October November December Bryna Chang Doria Summa Bart Hechtman Michael Alcheck Cari Templeton Ed Lauing Ed Lauing Michael Alcheck Bryna Chang Ed Lauing Bryna Chang Giselle Roohparvar 1.a Packet Pg. 6 Planning & Transportation Commission 2021 Tentative Future Agenda The Following Items are Tentative and Subject to Change: Meeting Dates Topics October 27, 2021 • Study Session: Electrification Streamlining (Changes to Zoning Code to Facilitate Electrification Permits) Upcoming Items: Topics • Study Session: Ordinance Amending 18.42.110 (Wireless Communication Facilities) • Castilleja School • Review of Comprehensive Plan 2030 Implementation Plan • 2023-31 Housing Element Site Selection Update • University Avenue In-Lieu Parking Program 1.a Packet Pg. 7 Planning & Transportation Commission Staff Report (ID # 13646) Report Type: Study Session Meeting Date: 10/13/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Update on Planning and Housing 2021 Legislation Title: Study Session to Review 2021 State Legislation Related to Planning and Housing From: Jonathan Lait Recommendation This is a Study Session with the Planning and Transportation Commission (PTC) to provide an update on the most recent State legislation session and signed legislation affecting housing and planning policy; no action is required at this time. Report Summary This report provides a summary of key planning and housing related State legislation in 2021 that Governor Gavin Newsom has signed. The report focuses on legislation that will likely have more direct impacts on Palo Alto’s current policies and procedures and includes the anticipated actions needed by City staff. Unless otherwise stated in the bills, the legislation will be effective January 1, 2022. Background There were many bills related to housing and planning under consideration during the 2021 legislative session. The following discussion summarizes four key bills, now signed into law: SB 8, SB 9, SB 10, and SB 478 (SB stands for Senate Bill). These laws are relevant to our planning and housing policies and are focused primarily on process streamlining and housing production. Links to the State web page for the text of each bill are provided in the following sections and more detailed summaries are provided as attachments. There are other notable laws listed in this report and more information regarding those will be forthcoming. Discussion Planning & Housing SB 8 (Skinner) Housing Crisis Act of 2019: 2 Packet Pg. 8 City of Palo Alto Planning & Development Services Department Page 2 Existing law, the Housing Crisis Act of 2019 (HCA), requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted, except as specified. The act defines “housing development project” to mean a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least 2/3 of the square footage designated for residential use, and transitional or supportive housing. Notable changes by the law, now signed by Governor Newsom: • Extends the sunset of the HCA by five years to January 1, 2030. • Expands on the definition of “housing development project” for the purposes of the HCA to include both discretionary and ministerial projects. SB 8 also applies the HCA to the construction of single dwelling units. Therefore, single dwelling units may submit pre- applications to freeze zoning laws, may be subject to the no-net-loss provision of the HCA, and may be limited to five total hearings. • Clarifies that appeals and public meetings related to density bonus law are counted for the purposes of the five-hearing limit in the HCA. This law clarifies the HCA and staff will continue to process applications in accordance with the State law. No local ordinance is necessary for implementation. For a more detailed summary of the bill, refer to Attachment A of this report. SB 9 (Atkins) Housing Development This new law applies to single-family zoned parcels and includes two primary by-right provisions. One provision allows for a lot split of parcels that are at least 2,400 square feet in area. The other provision allows construction of up to two units on each parcel in a single- family zone. A lot split followed by a two-unit project on each of the new lots could result in four total dwellings on what was formerly one single-family residential lot. The City would need to consider these two-unit projects and lot splits ministerially (i.e., without discretionary review or hearing), if the proposed housing development meets certain requirements. In particular, the law allows local development standards to apply to the dwelling units constructed on the subject parcel(s). The local development standards, however, must be objective standards. While the City currently is in process to develop objective standards, that effort was not developed with a two-family unit typology in mind. The City, including the PTC and the Architectural Review Board, may want to pursue development of standards to ensure any resulting units created by this law align with Palo Alto’s preferences. Additionally, the legislation imposes certain conditions and restrictions. The City will need to determine the process for accepting applications and reviewing applications and ensuring compliance with restrictions. Notable aspects include that the resulting units cannot be short term rentals. The law does not require the City to allow accessory dwelling units when four units are created by both lot split and subsequent two-unit projects. Likewise, the law requires 2 Packet Pg. 9 City of Palo Alto Planning & Development Services Department Page 3 that lot splits and unit development only be performed by property owners who attest they will reside in one of the units for at least three years. Staff will need to understand how to implement that provision. For a more detailed summary of the law refer to Attachment B of this report. This law has gained attention in the press and academics alike resulting in many published articles. One research article that may be of interest published in July 2021 prior to the signing of the law1 provides some context of the law’s impacts on housing production throughout the state. The City will need to update Palo Alto Municipal Code (PAMC), Title 18 (Zoning) for consistency with the new law; particularly, Chapter 18.12, R-1 Single-Family Residential Districts and 18.10, Low Density Residential (RE – Residential Estate). Other PAMC titles, including Title 21 may need adjustments as well for consistency. The PTC will have the opportunity to review and recommend any permanent Ordinance updates to Title 18. It is expected that an interim ordinance would be developed for City Council. Due to the limited time for development of the interim ordinance before the state law takes effect, the interim ordinance may not come to PTC before adoption. A permanent ordinance would follow and need review and recommendation from the PTC. This process is akin to the updates completed for the accessory dwelling unit laws in the past. SB 10 (Wiener) Housing Development/Density: This new law authorizes a city to adopt an ordinance to zone any parcel for up to 10 residential units, at a height specified by the ordinance if the parcel is in a transit-rich area or an urban infill site. An ordinance adopted in accordance with this law is not a project for purposes of CEQA. For a more detailed summary refer to Attachment C of this report. While this law will go into effect in January 2022, it is not a requirement that the City adopt an ordinance. It is meant as a tool for local agencies to increase housing development in transit- rich areas. Staff will not act on this bill unless Council directs staff to do so. SB 478 (Wiener): Planning and Zoning Law: Housing Development The new law applies to housing development projects located in a multifamily residential zone or a mixed-use zone. For Palo Alto, this could apply to several commercial districts that allow residential and commercial uses. The law does the following: • This law prohibits a local agency from imposing a Floor Area Ratio (FAR) standard that is less than 1.0:1 on a housing development project that consists of three to seven units, or less than 1.25:1 on a housing development project that consists of eight to ten units. 1 Terner Center for Housing Innovation (UC Berkeley). July 2021. https://ternercenter.berkeley.edu/wp- content/uploads/2021/07/SB-9- Brief-July-2021-Final.pdf 2 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 4 • The law prohibits a local agency from imposing lot coverage requirements that would physically preclude a housing development project from achieving the FARs described above. • The law prohibits a local agency from denying a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size. For more detailed summary of this law refer to Attachment D of this report. This law impacts most of Palo Alto’s existing mixed-use development standards. The City will need to update Title 18 for consistency with the State law. Staff will provide more analysis of the effects of the regulations for a future public hearing. Other Notable Legislation The following signed laws are also relevant to planning and development in Palo Alto: • AB 215 (Chiu): Planning & Zoning Law: Housing Element Violations. Provides the Department of Housing and Community Development (HCD) with additional enforcement authority for local agency violations of specified housing laws and increases public review for housing elements. • AB 537 (Quirk): Communications: Wireless Telecommunications and Broadband Facilities. This law updates existing law establishing a timeline and process through which wireless telecommunication siting facility permits will be deemed approved. • AB 602 (Grayson): Development Fees: Impact Fee Nexus Study. Adds new requirements to impact fee nexus studies. Requires cities and counties to request certain information from development proponents and requires the HCD to develop a nexus study template. • AB 787 (Gabriel): Planning & Zoning: Housing Element: Converted Affordable Housing Units. Authorizes cities and counties to receive credit towards their regional housing need for the conversion of above moderate-income units to moderate-income units. • AB 1466 (McCarty): Real Property: Discriminatory Restrictions. Requires a title insurance company involved in any transfer of real property and that provides a deed or other documents to identify whether any of the documents contain unlawfully restrictive covenants and, if found, record a specified modification document with the county recorder. Makes changes to the existing process of recording a restrictive covenant modification, as provided. Please note, this relates to prior PTC interest in removing racially restrictive covenants from deeds. • SB 556 (Dodd): Street Light Poles, Traffic Signal Poles: Small Wireless Facilities Attachments. This law establishes permitting requirements for the placement of small wireless facilities 2 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 5 on streetlight and traffic signal poles owned by local governments, including specified timelines for approving and attaching infrastructure, limitations on fees for attachments, and restrictions on local governments’ ability to prohibit small wireless facility attachments. Other Legislation Signed by Governor Newsom The Governor also signed the following bills into law: • AB 68 by Assemblymember Sharon Quirk-Silva (D-Fullerton) – Department of Housing and Community Development: California Statewide Housing Plan: annual reports. • AB 345 by Assemblymember Sharon Quirk-Silva (D-Fullerton) – Accessory dwelling units: separate conveyance. • AB 447 by Assemblymember Tim Grayson (D-Concord) – California Debt Limit Allocation Committee: income taxes: low-income housing tax credits. • AB 491 by Assemblymember Christopher Ward (D-San Diego) – Housing: affordable and market rate units. • AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) – Planning and zoning: density bonuses: affordable housing. • AB 634 by Assemblymember Wendy Carrillo (D-Los Angeles) – Density Bonus Law: affordability restrictions. • AB 721 by Assemblymember Richard Bloom (D-Santa Monica) – Covenants and restrictions: affordable housing. • AB 787 by Assemblymember Jesse Gabriel (D-Encino) – Planning and zoning: housing element: converted affordable housing units. • AB 838 by Assemblymember Laura Friedman (D-Glendale) – State Housing Law: enforcement response to complaints. • AB 948 by Assemblymember Chris Holden (D-Pasadena) – Bureau of Real Estate Appraisers: disclosures: demographic information: reporting: continuing education. • AB 1029 by Assemblymember Kevin Mullin (D-South San Francisco) – Housing elements: pro-housing local policies. • AB 1043 by Assemblymember Isaac Bryan (D-Los Angeles) – Housing programs: rental housing developments: affordable rent. • AB 1095 by Assemblymember Ken Cooley (D-Rancho Cordova) – Affordable rental and owner-occupied housing: equity in state and local programs. • AB 1297 by Assemblymember Chris Holden (D-Pasadena) – California Infrastructure and Economic Development Bank: public and economic development facilities: housing. • AB 1304 by Assemblymember Miguel Santiago (D-Los Angeles) – Affirmatively further fair housing: housing element: inventory of land. • AB 1398 by Assemblymember Richard Bloom (D-Santa Monica) – Planning and zoning: housing element: rezoning of sites: pro-housing local policies. • AB 1584 by the Committee on Housing and Community Development – Housing omnibus. • SB 263 by Senator Susan Rubio (D-Baldwin Park) – Real estate applicants and licensees: education requirements: fair housing and implicit bias training. 2 Packet Pg. 12 City of Palo Alto Planning & Development Services Department Page 6 • SB 290 by Senator Nancy Skinner (D-Berkeley) – Density Bonus Law: qualifications for incentives or concessions: student housing for lower income students: moderate-income persons and families: local government constraints. • SB 381 by Senator Anthony Portantino (D-La Cañada Flintridge) – Surplus residential property: priorities, procedures, price, and fund: City of South Pasadena. • SB 591 by Senator Josh Becker (D-Menlo Park) – Senior citizens: intergenerational housing developments. • SB 728 by Senator Robert Hertzberg (D-Van Nuys) – Density Bonus Law: purchase of density bonus units by nonprofit housing organizations. • SB 791 by Senator Dave Cortese (D-San Jose) – California Surplus Land Unit. • AB 1174 by Assemblymember Tim Grayson (D-Concord) – Planning and zoning: housing: development application modifications, approvals, and subsequent permits. Environmental Review The California Environmental Quality Act (CEQA) does not apply to the subject matter of this staff report since it not considered a “project” under CEQA. Public Notification, Outreach & Comments The Palo Alto Municipal Code does not require notice of this item because it is a Study Session and staff did not conduct any public outreach for this discussion. Next Steps Staff will review the adopted legislation and determine the appropriate follow-up actions needed. Title 18 will need to be updated to bring certain code sections into compliance with the new State law. Staff will develop a workplan and initiate the staff work to codify the required changes. Report Author & Contact Information PTC2 Liaison & Contact Information Sheldon S. Ah Sing, AICP Principal Planner Rachael Tanner, Assistant Director (650) 838-2821 (650) 329-2441 sheldon.ahsing@cityofpaloalto.org rachael.tanner@cityofpaloalto.org Attachments: • Attachment A - SB 8 Summary (DOCX) • Attachment B - SB 9 Summary (DOCX) • Attachment C - SB 10 Summary (DOCX) • Attachment D - SB 478 Summary (DOCX) 2 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 2 Packet Pg. 13 SB 8 (Skinner) Housing Crisis Act of 2019: This law makes the following changes: 1) Extends the sunset on the HCA by five years, to January 1, 2030, and provides that until January 1, 2034, the HCA’s provisions apply to a housing development project that submits a preliminary application before January 1, 2030. 2) Extends by one year, up to three and a half years, the period during which a local government may not impose new rules or standards on an affordable housing project, as defined. 3) Expands on the definition of “housing development project” for the purposes of the HCA to include both discretionary and ministerial projects, as well as projects to construct single dwelling units. This extends the HCA’s pre-application process, no-net-loss provision, and five hearing limit to projects proposing a single dwelling unit. This law also says that these changes are declaratory of existing law and do not affect the interpretation of the scope of the Housing Accountability Act, but provides that its changes do not affect a project for which an application was submitted before January 1, 2022. 4) Clarifies that the receipt of a density bonus is not a basis for finding a project out of compliance with local zoning rules. 5) Defines, for the purposes of the requirement to up-zone concurrently with a downzone, “concurrently” to mean at the same meeting, or within 180 days of the downzoning if the downzoning was requested by an applicant for a housing development project and refines the provisions governing what a downzone means to include any other action that would reduce the site’s residential development capacity in effect at the time of the proposed change. 6) Clarifies that appeals and public meetings related to density bonus law are counted for the purposes of the five-hearing limit in the HCA and includes technical changes to the limitation on a local government’s ability to reduce the intensity of land use in its jurisdiction. 7) Provides, regarding the HCA's demolition and replacement provisions, that: a. The replacement requirements must be followed, despite local density requirements that may be in conflict; b. Any existing occupants that are required to leave their units must be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market; c. Relocation and right-of-first-refusal requirements no longer apply to occupants of any protected units that are moderate-income or high-income households; and 2.a Packet Pg. 14 d. The right of first refusal provided to occupants of protected units would not apply in the following circumstances: i. In a development project that consists of a single residential unit located on a site where a single protected unit is being demolished. ii. In units in a housing development in which 100% of the units, exclusive of a manager's unit or units, are reserved for lower income households, and the existing residents of the protected unit would be precluded from occupying the new units based on requirements of one or more funding source of the housing development. 2.a Packet Pg. 15 SB 9 (Atkins) Housing Development This law: 1) Requires a city to ministerially approve either or both of the following, as specified: a. A housing development of two units in a single-family zone. b. The subdivision of a parcel zoned for residential use, into two approximately equal parcels (lot split), as specified. 2) Requires that a development or parcel to be subdivided must be located within an urbanized area or urban cluster and prohibits it from being located on any of the following: a. Prime farmland or farmland of statewide importance; b. Wetlands; c. Land within the very high fire hazard severity zone, unless the development complies with state mitigation requirements; d. A hazardous waste site; e. An earthquake fault zone; f. Land within the 100-year floodplain or a floodway; g. Land identified for conservation under a natural community conservation plan, or lands under conservation easement; h. Habitat for protected species; or i. A site located within a historic or landmark district, or a site that has a historic property or landmark under state or local law, as specified. 3) Prohibits demolition or alteration of an existing unit of rent-restricted housing, housing that has been the subject of an Ellis Act eviction within the past 15 years, or that has been occupied by a tenant in the last three years. 4) Prohibits demolition of more than 25% of the exterior walls of an existing structure unless the local ordinance allows greater demolition or if the site has not been occupied by a tenant in the last three years. 5) Authorizes a city to impose objective zoning, subdivision, and design review standards that do not conflict with this law, except: a. A city shall not impose objective standards that would physically preclude the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. A city may, however, require a setback of up to four feet from the side and rear lot lines. b. A city shall not require a setback for an existing structure or a structure constructed in the same location and to the same dimensions as the existing structure. 2.b Packet Pg. 16 6) Prohibits a city from requiring more than one parking space per unit for either a proposed duplex or a proposed lot split. Prohibits a city from imposing any parking requirements if the parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or if there is a car share vehicle located within one block of the parcel. 7) Authorizes a local agency to deny a housing project otherwise authorized by this law if the building official makes a written finding based upon the preponderance of the evidence that the housing development project would have a specific, adverse impact upon health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 8) Requires a city to prohibit rentals of less than 30 days. 9) Prohibits a city from rejecting an application solely because it proposes adjacent or connected structures, provided the structures meet building code safety standards and are sufficient to allow separate conveyance. 10) Provides that a city shall not be required to permit an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) when a property owner utilizes both the urban lot split and the two-unit provisions of the law. 11) Requires a city to include the number of units constructed and the number of applications for lot splits under this law, in its annual progress report (APR). 12) Requires a city to ministerially approve a parcel map for a lot split only if the local agency determines that the parcel map for the urban lot split meets the following requirements, in addition to the requirements for eligible parcels that apply to both duplex and lot splits: a. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal size, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. b. Both newly created parcels are at least 1,200 square feet, unless the city adopts a small minimum lot size by ordinance. c. The parcel does not contain rent-restricted housing, housing where an owner has exercised their rights under the Ellis Act within the past 15 years or has been occupied by tenants in the past three years. d. The parcel has not been established through prior exercise of an urban lot split. e. Neither the owner of the parcel, or any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split. 2.b Packet Pg. 17 13) Requires a city to approve a lot split if it conforms to all applicable objective requirements of the Subdivision Map Act not except as otherwise expressly provided in this law. Prohibits a city from imposing regulations that require dedicated rights-of-way or the construction of offsite improvements for the parcels being created, as a condition of approval. 14) Authorizes a city to impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this law. A city may, however, require easements or that the parcel have access to, provide access to, or adjoin the public right-of-way. 15) Provides that a local government shall not be required to permit more than two units on a parcel. 16) Prohibits a city from requiring, as a condition for ministerial approval of a lot split, the correction of nonconforming zoning conditions. 17) Requires a local government to require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of lot split, unless the applicant is a community land trust, as defined, or a qualified nonprofit corporation, as defined. 18) Provides that no additional owner occupancy standards may be imposed other than those contained within 17) above, and that requirement expires after five years. 19) Allows a city to adopt an ordinance to implement the urban lot split requirements and duplex provisions and provides that those ordinances are not a project under California Environmental Quality Act (CEQA). 20) Allows a city to extend the life of subdivision maps by one year, up to a total of four years. 2.b Packet Pg. 18 SB 10 (Wiener) Housing Development/Density This law: 1) Authorizes a city to pass an ordinance, notwithstanding any local restrictions on zoning ordinances that limit the legislative body’s ability to adopt zoning ordinances, to zone any parcel for up to 10 units of residential density, at a height specified by the ordinance, if the parcel is located in a transit-rich area or an urban infill site (see below for definitions). 2) Specifies that neither an ordinance adopted consistent with (1) above, nor any resolution ordinance or any other local regulation adopted to amend the jurisdiction’s general plan to be consistent with that ordinance, is a project for purposes of California Environmental Quality Act (CEQA). 3) Requires a local agency that adopts an ordinance pursuant to this law to do all the following: a. Include a declaration that the zoning is adopted pursuant to this law. b. The zoning ordinance shall clearly demarcate the areas that are zoned. c. Make a finding that the increased density is consistent with the city’s obligation to affirmatively further fair housing. d. If the ordinance supersedes any zoning restriction established by a local initiative, the ordinance shall only take effect if adopted by a 2/3 vote of the members of the legislative body. 4) Prohibits, notwithstanding any other law permitting ministerial or by right approval of a development project, or any other CEQA exemption, a project of more than 10 units from receiving ministerial or by right approval if it uses the provisions of this law. a. The creation of up to two accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) shall not count towards the total number of units when determining whether the project may be approved ministerially or by right under (4) above. b. A project may not be divided into smaller projects in order to exclude the project from the prohibition under (4). 5) Defines “transit-rich area” as a parcel within one-half mile of a major transit stop, or a parcel on a high-quality bus corridor. Defines “high-quality bus corridor” as a corridor with a fixed-route bus service that meets specified service interval times. 2.c Packet Pg. 19 6) Defines “urban infill site” as a site that satisfies all the following: a. A site that is a legal parcel or parcels located in a city if the city boundaries include some portion of either an urbanized area or urban cluster or for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster. b. A site in which at least 75% of the perimeter adjoins parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered to be adjoined. c. A site that is zoned for residential use or residential mixed-use, or has a general plan designation that allows residential use or a mix of residential and non- residential uses, with at least two-thirds of the square footage of the development designated for residential use. 7) Excludes parcels located in either of the following: a. A high or very high fire hazard severity zone, except for sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. b. A local restriction enacted or approved by a local initiative that designates publicly owned land as open space or for park or recreational purposes. 8) Prohibits a local government from subsequently reducing the density of any parcels subject to an ordinance adopted pursuant to this law. 9) Provides that this law shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this law, then subsequently rezoned without regard to this law, as specified. 10) Prohibits an ordinance adopted pursuant to this law from reducing the density of any parcel subject to the ordinance. 11) Includes a sunset of January 1, 2029, and authorizes an ordinance adopted pursuant to this law to extend beyond January 1, 2029. 2.c Packet Pg. 20 SB 478 (Wiener): Planning and Zoning Law: Housing Development This law: 1) Prohibits a local government from doing the following: a) For a housing development project consisting of three to seven units, impose a floor area ratio (FAR) standard that is less than 1.0. b) For a housing development project consisting of eight to 10 units, impose a FAR standard that is less than 1.25. c) Deny a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size. 2) Requires, to be eligible for the minimum FAR standards above, the housing development project to meet all the following conditions: a) The project contains at least three but no more than 10 units. b) The project is in a multifamily residential zone or a mixed-use zone, and is not located in either of the following: i) Within a single-family zone. ii) Within a historic district or property included in the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. c) The project is located on a legal parcel or parcels in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster. 3) Provides that this law shall not be construed to prohibit a local agency from imposing any zoning or design standards other than zoning or design standards that conflict with those in 1) above. 4) Prohibits a local government from imposing a lot coverage requirement that would physically preclude a housing development that meets the requirements established in 2) above from achieving FAR ratios allowed in 1) above. 2.d Packet Pg. 21 5) Requires the Department of Housing & Community Development (HCD) to notify a local government and may notify the state Attorney General if the local government is in violation of the requirements in this law. 6) Declares void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of governing document of a homeowner’s association, if it effectively prohibits or unreasonably restricts an eligible housing development project from using the FAR standards under the law. 7) Provides that it does not apply to reasonable restrictions on a housing development project that do not make the FAR standards in this law infeasible. 2.d Packet Pg. 22 Planning & Transportation Commission Staff Report (ID # 13512) Report Type: Action Items Meeting Date: 10/13/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 985 Channing Avenue: Preliminary Parcel Map to Remove Height Restriction Title: PUBLIC HEARING / QUASI-JUDICIAL. 985 Channing Avenue [21PLN-00167]: Request for Public Hearing of a Preliminary Parcel Map to remove a recorded height restriction on the underlying Parcel Map. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Guideline Section 15315 (Minor Land Divisions). Zoning District: R-1 (Single Family Residential). From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Recommend approval of the proposed project to the City Council based on findings and subject to conditions of approval. Report Summary On June 6, 2021, the applicant submitted a Preliminary Parcel Map application to remove several height restrictions placed on the property associated with the underlying Parcel Map. The existing property was established by approval of a subdivision application in 1980 (under file # 80-PM-4) from 991 Channing Avenue. The subdivision application approval included approval of lot size exceptions. The property that was created – 985 Channing Avenue – had dimensions that were less than the standard lot size dimensions of 60 feet wide x 100 feet long. At the time, the property owner at 991 Channing Avenue accepted a condition that was recorded on the new property’s Parcel Map based on neighborhood concerns for impacts from two-story development. The condition limited the height of any structure to 13 feet or less, prohibited construction of a two-story home, and prohibited the property owners from requesting a Variance or other exception to these limitations. This restriction was intended to 3 Packet Pg. 23 City of Palo Alto Planning & Development Services Department Page 2 alleviate the neighbors’ concerns about privacy and massing impacts from a two-story home on this property. Since the 1980’s, Palo Alto improved its regulations for two-story homes to ensure massing is minimized and resident’s privacy impacts are considered. Since 2001, all new two-story homes and second floor additions to homes located in the R-1 zone must adhere to the City’s Single- Family Individual Review Guidelines. The Planning entitlement for two-story homes through the Individual Review process is a discretionary decision made at the Director’s level, unless appealed to Council. Background Project Information Owner: Frank M. & Peimin Lin Dunlap Architect: Shelley Farrell Representative: N/A Legal Counsel: N/A Property Information Address: 985 Channing Avenue Neighborhood: Crescent Park Lot Dimensions & Area: 52.5 feet wide x 100 feet deep Housing Inventory Site: N/A Located w/in a Plume: N/A Protected/Heritage Trees: N/A Historic Resource(s): N/A Existing Improvement(s): One-story single-family residence; Built in 1980; approximately 2,300 square feet Existing Land Use(s): Single-Family Residential Adjacent Land Uses & Zoning: Single-Family Residential Uses surround the site on all sides (R-1) Special Setbacks: N/A Aerial View of Property: 3 Packet Pg. 24 City of Palo Alto Planning & Development Services Department Page 3 Source: Google Images Land Use Designation & Applicable Plans/Guidelines Zoning Designation: R-1 Comp. Plan Designation: Single-Family Residential Context-Based Design: N/A Downtown Urban Design: N/A SOFA II CAP: N/A Baylands Master Plan: N/A ECR Guidelines ('76 / '02): N/A Proximity to Residential Uses or Districts (150'): Yes Located w/in AIA (Airport Influence Area): N/A Prior City Reviews & Action 3 Packet Pg. 25 City of Palo Alto Planning & Development Services Department Page 4 City Council: Preliminary Parcel Map with Exceptions [1980]; 80-PM-4 – 991 Channing Avenue PTC: Preliminary Parcel Map with Exceptions [1980]; 80-PM-4 – 991 Channing Avenue HRB: None ARB: None Project Description While the application is identified as a Preliminary Parcel Map, the applicant does not seek to subdivide or modify the property’s existing dimensions from existing conditions. Instead, the owner would seek to record a Parcel Map that does not include the height restrictions currently in place on the subject property. The applicant intends to develop 985 Channing Avenue with a new two-story home. The applicant was notified of the height limitation during the Individual Review (IR) application review process (File 20PLN-00192). The IR application review is on hold until a decision is rendered on the Preliminary Parcel Map application and any subsequent Parcel Map application. When the property was originally subdivided in 1980, adjacent residents raised concerns that a potential two-story home may impact their property. The neighbors sought to limit development of the newly created 985 Channing Avenue. At the time, the property owner indicated agreement so that the subdivision application could proceed. The PTC and City Council approved the application with the following restrictions: 1. All structures on-site could not exceed 13 feet tall; 2. No Two-Story home could be developed on the site; 3. No Variances, including, but not limited to, fence exceptions shall be allowed. While Preliminary Parcel Maps are generally handled through a Director’s Hearing process, the City’s Surveyor determined that it is necessary for the decision-making bodies that imposed these restrictions to be the body to rescind them, by approving and thus recording a new Parcel Map that does not include these restrictions. Requested Entitlements, Findings and Purview: The following filed discretionary applications are subject to PTC purview: • Preliminary Parcel Map: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code and Government Code Section 66474. Palo Alto Municipal Code Section 21.12.090 requires the Director of Planning to review whether the proposed subdivision complies and is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. If, in the opinion of the Director of Planning, there are issues of major significance associated with the proposed parcel map, such map may be referred by the Director of Planning to the Planning Commission and the City Council for 3 Packet Pg. 26 City of Palo Alto Planning & Development Services Department Page 5 processing in accordance with the procedures set forth in subsections (c) and (d) of Section 21.12.090. The findings to approve a Subdivision are provided in Attachment C. Analysis1 Neighborhood Setting and Character All R-1 lots have a standard height limit of 30 feet per Palo Alto Municipal Code section 18.12.040. In some instances, R-1 lots may have a 17-foot height limitation under the following conditions: 1) that the property is considered to be a substandard lot; or 2) that the property is part of a collection of homes in a single-story overlay district (represented as R-1(S) on the City’s zoning map). Substandard lots are defined in Palo Alto Municipal Code Section 18.12.040(c) as having either a lot width less than 50 feet or depth less than 83 feet and a total lot area that is less than 83% of the minimum lot size required by the underlying zone district’s standards. Single-story overlay districts limit all properties within the district to only one-story homes and generally do not allow homes to be taller than 17 feet, unless located in a flood zone. 985 Channing Avenue does not fit into either of the above two categories. The lot width is 52.5 feet and the lot depth is 100 feet and the lot is located outside an R-1(S) district. The closest properties that are in an R-1(S) district are adjacent to Duveneck Elementary School, more than a half mile away. The project webpage, linked in Attachment D, has an archived document of the City’s Municipal Code from 1978 which would have been in effect at the time that this application was decided. The screenshot below captures the height limitation and development standards applicable at the time: 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. Planning and Transportation Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to take an alternative action from the recommended action. 3 Packet Pg. 27 City of Palo Alto Planning & Development Services Department Page 6 At that time, the City allowed for homes to be developed up to 35 feet in height and did not include a provision which restricted height for sub-standard lots. The City did not include provisions for substandard lots in its Municipal Code until 1998. The City’s current zoning code imposes a height limit less than 17 feet on certain structures such as accessory buildings or Accessory Dwelling Units. A height of 17 feet is the lowest height the City may restrict development of single-family homes. There were no other prevailing development standards in existence when the map was approved, nor are they in the current code, restricting the height of a single-family home to anything less than 17 feet in height. Privacy Concerns Attachment D includes emails from residents that do not support removing the height limit imposed on the site in 1980. The correspondence includes a copy of the Parcel Map that the City recorded in 1980. The residents raising concerns have reiterated issues brought up in 1980 regarding privacy impacts from the potential development of a two-story home on the lot. In 1980, residents raised concerns that the proposed project would not fit into the neighborhood character. The Planning Commission expressed concerns that the code did not have adequate privacy measures in place to limit impacts to neighbors. Looking at the surrounding properties today, staff notes the predominant pattern on the block appears to be two-story homes. This block has several flags lots developed with single-story homes, as is the requirement per Code Section 18.12.040(c)(2). 3 Packet Pg. 28 City of Palo Alto Planning & Development Services Department Page 7 Until the early 2000’s the City did not have a process in place that served to mitigate impacts of second story home construction. Due to concerns raised by a significant number of residents in the community, the City established the Individual Review Guidelines (bit.ly/paloaltoIRguidelines). The IR program was established to curtail massing, height, and privacy impacts of new two-story homes on adjacent residences. Most designs submitted into the City’s IR process are significantly modified to conform with the five IR Guidelines. Rarely has a two-story home been approved as submitted; generally, modifications to massing and improvements intended to enhance privacy are required. Given that the City has sought to directly address the residents’ concerns regarding a two-story home at this property, through the IR Guidelines and program, staff believes it is reasonable to now reconsider the map conditions. Zoning Compliance2 Staff performed a detailed review of the proposed project’s consistency with applicable zoning standards. A summary table is provided below. The applicant does not propose to modify the existing lot layout approved in 1980. Table 1: COMPARISON WITH CHAPTER 18.12 (R-1 DISTRICT) Regulation Required Existing Proposed Minimum/Maximum Site Area (1) 6,000 sf 5,250 sf 5,250 sf Minimum/Maximum Site Width (1) (2n 60 ft 52.50 ft 52.50 ft Minimum/Maximum Site Depth 100 ft 100 ft 100 ft Consistency with the Comprehensive Plan, Area Plans and Guidelines3 The site has a Comprehensive Plan land use designation of Single-Family Residential. However, the proposed map does not include any proposed improvements to the site. The Single-Family Residential designation is intended to allow for detached single family homes on lots. The proposed map would not change this classification. Consistency with Application Findings The necessary findings for approval of the Preliminary Parcel Map are contained in State law and incorporated into Title 21 of the Municipal Code. Under the Subdivision Map Act, the Director of Planning must make a series of “reverse” findings to justify approval. If the findings cannot be made, the subdivision must be approved. In particular, under government code Section 66474, the Director shall deny a Preliminary Parcel Map if any of the findings are made. Otherwise, the Director must approve the subdivision. The findings for the proposed map are 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca 3 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 3 Packet Pg. 29 City of Palo Alto Planning & Development Services Department Page 8 included in Attachment B and the draft conditions of approval of the proposed map are included in Attachment C. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA in accordance with categorical exemption 15315, Minor Land Divisions. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on October 1, which is 12 days in advance of the meeting. Postcard mailing occurred on October 1, which is 12 in advance of the meeting. Public Comments As of the writing of this report, four individuals provided public comments. The comments can be found in Attachment D. The neighboring residents’ main concern appears to be the possibility of privacy impacts from a future two-story home. Alternative Actions In addition to the recommended action, the Architectural Review Board may: 1.Approve the project with modified findings or conditions; 2.Continue the project to a date (un)certain; or 3.Recommend project denial based on revised findings. Report Author & Contact Information PTC4 Liaison & Contact Information Garrett Sauls, Associate Planner Rachael Tanner, Assistant Director (650) 329-2471 (650) 329-2441 Garrett.Sauls@CityofPaloAlto.org Rachael.tanner@cityofpaloalto.org Attachments: •Attachment A: Location Map (PDF) •Attachment B: Findings for Approval (DOCX) •Attachment C: Draft Conditions of Approval (DOCX) •Attachment D: Project Plans, Supporting Documents, and Public Comments (DOCX) 4 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 3 Packet Pg. 30 150.0' 150.0' 150.0' 50.0' 50 150.0' 100.0' 150.0' 100.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 100.0' 50.0' 100.0' 50.0' 53.6' 71.0' 56.0'70.1' 81.6' 5.6' 12.8'19.7' 140.0' 50.0' 150.0' 61.8' 105.0' 97.1' 6.8' 140.0' 19.7' 50.0' 150.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 63.8' 161.8' 50.0' 122.2' 50.0' 00' 50.0' 63.8' 143.0' 3.4' 8' 112.5' 56.2' 112.5' 56.2' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 41.5' 80.0' 41.5' 80.0' 41.5' 80.0' 41.5' 80.0' 45.5' 80.0' 45.5' 80.0' 60.0' 100.0' 60.0' 99.7' 52.5' 99.7' 52.5' 99.5' 34.5' 160.1' 40.0' 111.7' 5.5' 48.5' 72.0' 121.0' 72.0' 70.0' 121.0' 70.0' 121.0' 39.0' 100.0' 39.0' 100.0' 62.5' 159.9' 62.5' 160.1' 40.0' 159.7' 40.0' 159.9' 150.5' 50.0' 32.1' 100.0' 143.0' 63.8' 183.1' 50.0' 143.5' 63.8' 7.0' 50.0' 7.0' 50.0' 83.9' 215.0' 68.5' 105.3' 68.5' 16.0' 137.0' 48.5' 5.5' 111.7' 25.0' 174.9' 167.5' 60.0' 248.2' 120.0' 50.0' 120.0' 50.0' 248.1' 50.0' 248.0' 50.0' 248.0' 50.0' 247.9' 50.0' 247.9' 50.0' 247.8' 49.2' 59.4' 59.4' 128.1' 74.6' 248.0' 248.0' 74.6' 127.8' 59.4' 59.4' 25.0 128.2' 50.0' 276.3' 60.0' 54.0' 105.0' 54.0' 105.0' 54.0' 105.0' 54.0' 105.0' 59.1' 105.0' 44.1' 23.6' 90.0' 17 50.0' 133.5' 173.8' 50.0' 93.1' 64.2' 133.5' 50.0' 102.8' 64.2' 143.1' 50.0' 92.5' 64.1' 132.7' 50.0' 53.5' 132.0' 92.5' 6.0' 71.0' 49.5' 105.0' 42.7' 63.3' 6.8' 41.7' 57.6' 41.7' 6.8' 63.3' 64.4' 105.0' 163.0' 76.1' 163.0' 73.9' 162.9' 5 105.0' 54.0' 105.0' 54.0' 105.0' 73.7' 155.0' 19.7' 31.4' 31.7' 125.0' 155.0' 3 1.1' 3 1 .5'55.5' 45.0' 120.0' 60.0' 105.0' 23.6'60.0' 120.0' 60.0' 120.0' 41.3' 1 19 .3' 85.0' 120.0' 40.9' 1 1 9. 3' 40.9' 60.0' 114.0' 45.0' 23.6' 99.0' 60.0' 114.0' 60.0' 114.0' 85.0' 113.8' 41.2' 114.0' 42.9' 113.8' 3 8 . 9' 40.9' 45.0' 114.0' 60.0' 99.0' 23.6'60.0' 114.0' 60.0' 114.0' 85.0' 1 15 .0' 11 5.0'114.0' 41.3' 40.9' 241.0' 241.0' 50.0 ' 50.0' 254.1' 215.3' 20. 0' 50.0' 39.0' 30.0' 214.5' 214.5' 912 924 937 939939 A 852 839 849 860 863 863A 868 869 880 875 950 840 820 895 876 945 935 931 940 936 10 20 3 0 11 21 3 1 8 10 3 020 922 1000 1057 809 915 930 916 834 926 890 833 827 817 839 849 970 859 867 877 891 896 956 957 959 961 921 915 911 951 919 991985 975955 953 925 900 1011 1021 1031 930 950 MELVILLE AVENU E CHANN LIN C OLN AV E N U E CHANNING AVENUE REGENT PLACE LINCOLN AVENUE This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Curb Edge Sidewalk Tree (TR) Highlighted Features abc Known Structures abc Lot Dimensions 0' 71' 985 Channing Avenue [21PLN-00167] CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto gsauls, 2021-08-26 13:07:31 (\\cc-maps\Encompass\Admin\Personal\gsauls.mdb) 3.a Packet Pg. 31 ATTACHMENT B PRELIMINARY PARCEL MAP FINDINGS 985 Channing Avenue, File No. 21PLN-00167 Preliminary Parcel Map for Single-Family Use A legislative body of a city shall deny approval of a Preliminary Parcel Map, if it makes any of the following findings (CGC Section 66474): 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan as further described below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: On balance, the map is consistent with the Comprehensive Plan and specifically the following policies: a. Program L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. b. Policy L-1.11: Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts. c. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. d. Policy L-6.1: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. 3. That the site is not physically suitable for the type of development: The site is well suited for a single-family home as the site is located in an urbanized area of the city and is neighbored by single-family use as well as other two-story homes. 4. That the site is not physically suitable for the proposed density of development: The subdivision does not modify the physical conditions already established by its creation from 1980 and is consistent with all zoning regulations allowed by the City at the time. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: 3.b Packet Pg. 32 The subdivision will not cause environmental damage or injure fish, wildlife, or their habitat. The project site has been fully urbanized and developed and is located within an area of the City where there is no recognized sensitive wildlife or habitat in the project vicinity. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: This application does not seek to further subdivide an existing lot which could have the effect of increasing density and introducing a more compact site for development purposes. The existing parcel will not cause serious public health problems, as it does not substantially affect the existing conditions and overall function of the property as a site for a future single-family, two-story home. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The property does not have any public easements recorded on site and the proposed map does not establish any going forward. As a result, the application does not create any conflicts with any public easements. 3.b Packet Pg. 33 ATTACHMENT C CONDITIONS OF APPROVAL Planning Division 1. PROJECT PLANS. The Preliminary Parcel Map submitted for review and approval by the Director shall be in substantial conformance with the Preliminary Parcel Map titled “Preliminary Parcel Map 1 Lot Subdivision”, consisting of one page, dated July 20, 2021, except as modified to incorporate the conditions of this approval. A copy of this plan is on file in the Department of Planning and Development Services, Current Planning Division. 2. PARCEL MAP COVER PAGE. At such time as the Parcel Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 3. PARCEL MAP EXPIRATION. A Parcel Map, in conformance with the approved Preliminary Parcel Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public Works Engineering Division within two (2) years of the Preliminary Parcel Map approval date. The resultant parcel map must be recorded prior to any building permit issuance. 4. 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 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. Public Works Engineering 5. THIRD PARTY SURVEYOR REVIEW: The map shall undergo the review and approval for it's technical correctness by a third-party surveyor -- hired exclusively by the City -- to function in the capacity of the City Surveyor, per the Subdivision Map Act. 6. PRIOR TO FORMAL MAP SUBMITTAL: The applicant shall provide the parcel map, title report, reference documents, preliminary parcel map, and closure calculations to Public Works Engineering (email electronic files to ahmad.mokhtar@cityofpaloalto.org). 7. PAYMENT FOR THIRD PARTY SURVEYOR: The applicant shall be responsible for covering the cost the City incurs for the (hired) third party surveyor's services. The costs will be described in a Scope and Fee Letter which will be provided to the applicant. The fees in said letter will be based on the scope of work and the documents provided as described in the previous Condition of Approval. 3.c Packet Pg. 34 Attachment D Project Plans, Supporting Documents, and Public Comments Hardcopies of project plans are provided to Board members. These plans are available to the public online, as noted below. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “985 Channing Avenue” and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.cityofpaloalto.org/News-Articles/Planning-and-Development-Services/985- Channing 3.d Packet Pg. 35 Planning & Transportation Commission Staff Report (ID # 13656) Report Type: Approval of Minutes Meeting Date: 10/13/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: September 8, 2021 Draft Meeting Minutes Title: September 8, 2021 Draft PTC Meeting Minutes From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) adopt the meeting minutes. Background Draft minutes from the September 8, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the October 13, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and- Transportation-Commission-PTC 4 Packet Pg. 36