HomeMy WebLinkAboutStaff Report 2505-4613CITY OF PALO ALTO
CITY COUNCIL
Monday, June 16, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
19.QUASI-JUDICIAL. 1033 Amarillo Avenue [25PLN-00015]: Request for a Parcel Map with
Conditional Exceptions to Subdivide a 20,774-Square-Foot R-1 Property into Two Lots
(10,661 and 10,113 Square Feet). Exceptions include Minimum Lot Width, Maximum Lot
Size, and Residential Density. Zoning District: R-1 Single Family Residential. CEQA:
Exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: June 16, 2025
Report #:2505-4613
TITLE
QUASI-JUDICIAL. 1033 Amarillo Avenue [25PLN-00015]: Request for a Parcel Map with
Conditional Exceptions to Subdivide a 20,774-Square-Foot R-1 Property into Two Lots (10,661
and 10,113 Square Feet). Exceptions include Minimum Lot Width, Maximum Lot Size, and
Residential Density. Zoning District: R-1 Single Family Residential. CEQA: Exempt pursuant to
CEQA Guidelines Section 15301 (Existing Facilities).
RECOMMENDATION
Staff recommends the City Council take the following actions:
1. Approve the Parcel Map with Conditional Exceptions (Attachment A) finding it
in substantial compliance with the approved Preliminary Parcel Map
(Attachments A and B), consistent with Palo Alto Municipal Code Chapter
21.16 and the Subdivision Map Act.
BACKGROUND
The applicant requests recordation of a Parcel Map with Conditional Exceptions to subdivide
the existing 20,774-square-foot lot at 1033 Amarillo Avenue into two lots. Each will retain two
of the four existing “cottage cluster” housing units; no structural changes are proposed.
On October 25, 2021,1 the Council provided favorable feedback on a two-lot alternative to a
four-lot subdivision that would have required a zoning amendment. Council approved the
Preliminary Parcel Map with Exceptions on August 1, 2022.2
1 October 25, 2021 Council Meeting: https://www.cityofpaloalto.org/files/assets/public/v/5/agendas-minutes-
reports/agendas-minutes/city-council-agendas-minutes/2021/10-october/20211025/20211025pccsm-linked-w-
times.pdf
2 August 1, 2022 Council Meeting:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=8882&compileOutputType=
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ANALYSIS
The purpose of this report is for Council to affirm that the proposed parcel map is in substantial
conformance with the previously approved preliminary parcel map for final recordation with
Santa Clara County.
Staff reviewed the final Parcel Map and determined it is in substantial conformance with the
approved preliminary map (22PLN-00016). The proposed lot sizes (10,661 and 10,113 square
feet) are minor deviations from the previously approved sizes (10,668.50 and 10,118.77 square
feet). Existing units will remain and no accessory dwelling units are on-site. Redevelopment will
be subject to future review, and no net loss of units is permitted. The project is not eligible for
an SB 9 lot split due to existing rental housing.
There is no fiscal impact. Application processing costs are covered by applicant fees.
Public notice was published in the Daily Post, consistent with legal requirements. No new public
comments were received related to the subject application.
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 a minor subdivision with no
change to existing structures. This is exempt under CEQA Guideline 15301 Existing Facilities.
Attachment A: Link to Parcel Map and Approved Preliminary Parcel Map (August 1, 2022)
Attachment B: Record of Land Use Action for Approved Preliminary Parcel Map (August 1, 2022)
:
Jonathan Lait, Planning and Development Services Director
Attachment A
Project plans are only available online.
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “1033 Amarillo” and click the address link
3. On this project specific webpage you will find a link to the project plans and
other important information
https://www.paloalto.gov/Departments/Planning-Development-Services/Current-
Planning/Projects/1033-Amarillo-Ave
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ACTION NO. 2022-02
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR
1033 AMARILLO AVE: PRELIMINARY PARCEL MAP 22PLN-000016
(TED O’HANLON, APPLICANT)
At its meeting on August 8, 2022, the City Council of the City of Palo Alto approved the
Preliminary Parcel Map for the development of a two-lot subdivision project with exceptions, making
the following findings, determinations and declarations:
SECTION 1. Background.
The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. On January 18, 2022, Ted O’Hanlon applied for a Preliminary Parcel Map with
exceptions for the development of a Two-lot subdivision project (“The Project”).
B. The project site is comprised of one lot (APN No. 127-02-006) of approximately
20,788 square feet. The site contains four residential structures. Single-family
residential land uses are located adjacent to the lot to the north, east and west.
C. Planning Staff referred the application to the Planning and Transportation
Commission (Commission) for a recommendation to the City Council.
D. The Commission reviewed and recommended denial of the Project on April 27,
2022. The Commission’s recommendations are contained in CMR #14371 and the
associated attachments.
E. On August 1, 2022, the City Council held a duly noticed public hearing on the
subdivision application, at which evidence was presented and all persons were
afforded an opportunity to be heard in accordance with the Palo Alto Municipal
Code and the Council’s Policies and Procedures. Council voted to continue the item
to August 8, 2022.
F. On August 8, 2022, the City Council held a duly noticed public hearing on the
subdivision application and voted to approve the project.
SECTION 2. Environmental Review.
The City as the lead agency for the Project has determined that the project is exempt to environmental
review under provisions of the California Environmental Quality Act (CEQA) under Guideline section
15301, Existing Facilities.
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SECTION 3. Preliminary Parcel Map Findings.
A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings
(California Government Code 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 noted below.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general
and specific plans:
The map is consistent with the following Comprehensive Plan policies:
a. 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.
b. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood
and adjacent structures.
c. Policy L-3.3 Recognize the contribution of cottage cluster housing to the character of Palo
Alto and retain and encourage this type of development.
3. That the site is not physically suitable for the type of development:
The site currently contains four single-family houses on a single lot. This property is more than twice
the allowed maximum size for a single-family zoned property. Most residential lots in Palo Alto are
between 5,000 and 7,000 sf, and the existing lot size is 20,787 sf. With four units, this is 5,197 sf per
unit. The site is physically suitable for four units and is required by SB 330 to maintain the existing
number of homes, which is currently four units.
4. That the site is not physically suitable for the proposed density of development:
The proposal for the site will not change the existing residential density. The site is physically suitable
for four units and is required by SB 330 to maintain at least four units. It is possible SB 9 and/or ADU
regulations could allow for additional units to be added to this site.
5. That the design of the subdivision or the proposed improvements are likely to cause substanti al
environmental damage or substantially and avoidably injure fish or wildlife or their habitat:
The minor subdivision will not cause environmental damage or injure fish, wildlife, or their habitat.
The project site has been fully urbanized and developed and is centrally located within the Midtown
neighborhood. There is no recognized sensitive wildlife or habitat in the project vicinity.
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6. That the design of the subdivision or type of improvements is likely to cause serious public health
problems:
The creation of two individual parcels 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 single -
family residences.
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 existing site has no easements. The parcel map will be conditioned to have covenants of
easement for existing utility lines, and/or the shared driveway as necessary for the approved design.
SECTION 5. Exception Findings.
The Preliminary Parcel Map with Exceptions also meets the following Findings for the Exceptions
(PAMC 21.32.020):
1. There are special circumstances or conditions affecting the property.
The existing property is larger than the 10,000 sf maximum allowed by the Zoning Code. The
subdivision will bring the property into better conformance with the Zoning Code, although the
resulting parcels will continue to exceed 10,000 sf.
2. The exception is necessary for the preservation and enjoyment of a substantial property right of the
petitioner.
A property of this size is better equipped to provide more than one residential unit. One unit is
what is allowed by the R-1 zoning. The maximum FAR for a property of the original size is 7,671 sf,
however, the maximum house size allowed in Palo Alto is 6,000 sf. Four units currently exist, at
density comparable to most of Palo Alto’s neighborhoods (approximately 1 unit per 6,000 sf). A
substantial property right is the ability to rebuild unit(s) on the site. As the existing use/number of
units is existing non-conforming, the petitioner is not currently able to rebuild the site in a manner
that is consistent with both local zoning regulations and SB 330.
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3. The granting of the exception will not be detrimental to the public welfare or injurious to other
property in the territory in which the property is situated.
The use of the property will not be detrimental to the public welfare or injurious to other
properties in the area, as the proposed use and density is more in conformance with the Code, and
similar to other R-1 neighborhoods.
4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law.
Granting this exception is found to be consistent with the Subdivision Map Act, Zoning Code,
Comprehensive Plan. It will facilitate rebuilding of existing units, and provides an opportunity for
new units to be created.
SECTION 5. Preliminary Parcel Map Approval Granted.
Preliminary Parcel Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20
and the California Government Code Section 66474, subject to the conditions of approval in Section 7
of this Record.
SECTION 6. Parcel Map Approval.
The Parcel Map submitted for review and approval by the City Council shall be i n substantial
conformance with the Preliminary Parcel Map prepared by BKF titled “Preliminary Parcel Map for
Single-Family Purposes”, consisting of three (3) pages, dated April 7, 2022 except as modified to
incorporate the conditions of approval in Section 7. A copy of this plan is on file in the Department of
Planning and Development Services, Current Planning Division. Within two years of the approval date
of the Preliminary Parcel Map, the subdivider shall cause the subdivision or any part thereof to b e
surveyed, and a Parcel Map, as specified in Chapter 21.08, to be prepared in conformance with the
Preliminary Parcel Map as conditionally approved, and in compliance with the provisions of the
Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section
21.16.010[a]).
SECTION 7. Conditions of Approval.
Planning Division
1. PROJECT PLANS. The Parcel Map submitted for review and approval by the Director shall be in
substantial conformance with the Preliminary Parcel Map prepared by BKF “Preliminary Parcel Map”,
consisting of 3 pages, uploaded to the Online Permit Services Portal on February 23, 2022, except as
modified to incorporate the conditions of this approval.
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.
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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 time period for a project may
be extended once for an additional year by the Director of Planning if submitted prior to the
expiration 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.
5. COVENANT OF EASEMENT. Prior to approval of the Parcel Map, the Applicant shall provide the City
with a covenant of easement in a form acceptable to the City Attorney for the purpose of securing
a shared driveway and any shared utilities necessary for the two parcels to be created. Such
covenant shall be recorded simultaneously with the Parcel Map.
Public Works Engineering
6. PARCEL MAP: This project is subject to, and contingent upon the approval of a preliminary parcel
map/final map and recordation of a Parcel/Final Map. The submittal, approval and recordation of
the Map shall be in accordance with the provisions of the California Subdivision Map Act and Palo
Alto Municipal Code Title 21 Subdivision requirements. All existing and proposed property lines,
easements, dedications shown on the preliminary parcel map are subject to City’s technical review
and staff approval during the map process prior to issuance of any construction permits.
7. 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.
SECTION 8. Term of Approval.
1. Preliminary Parcel Map. All conditions of approval of the Preliminary Parcel Map
shall be fulfilled prior to approval of a Parcel Map (PAMC Section 21.16.010[c]). Unless a Pa rcel Map is
filed, and all conditions of approval are fulfilled within a two-year period from the date of Preliminary
Parcel Map approval, or such extension as may be granted, the Preliminary Parcel Map shall expire and
all proceedings shall terminate.
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PASSED: 5-2
AYES: Burt, Cormack, Dubois, Filseth, Tanaka
NOES: Kou, Stone
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and
Development Services
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
PLANS AND DRAWINGS REFERENCED:
Those plans prepared by BKF Engineers titled “Preliminary Parcel Map for Single Family Purposes”,
consisting of three pages, dated April 8, 2022.
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