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HomeMy WebLinkAboutStaff Report 2508-5044CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, August 11, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     13.QUASI-JUDICIAL. 3150 El Camino Real [24PLN-00231]: Approval of a Vesting Tentative Map to Merge Five Parcels Together to Create One 111,030-Square-Foot Parcel to Facilitate Construction of 368 New Residential Rental Units. CEQA Status: Streamlined CEQA Review in Accordance with Section 15183. Zoning District: CS (Service Commercial). Supplemental Report added Item No. 13. Page 1 of 1 7 9 4 4 City Council Supplemental Report From: Jonathan Lait, Planning and Development Services Director Meeting Date: August 11, 2025 Item Number: 13 Report #:2508-5044 TITLE QUASI-JUDICIAL. 3150 El Camino Real [24PLN-00231]: Approval of a Vesting Tentative Map to Merge Five Parcels Together to Create One 111,030-Square-Foot Parcel to Facilitate Construction of 368 New Residential Rental Units. CEQA Status: Streamlined CEQA Review in Accordance with Section 15183. Zoning District: CS (Service Commercial). RECOMMENDATION Approve the Record of Land Use Action (RLUA) in Attachment A, approving the Vesting Tentative Map based on findings and subject to conditions of approval. BACKGROUND The attached, amended Record of Land Use Action (RLUA) has been modified to reflect that the proposed vesting tentative map is associated with an approved Streamlined Housing Development Review project. It has been revised to eliminate duplicative conditions of approval that are already set forth in the Streamlined Housing Development Review application, whose inclusion in this approval would be a potential source of confusion. The remaining conditions of approval in the attached RLUA are limited to those that are required to be completed prior to Final Map approval. ATTACHMENTS Attachment A: Revised Record of Land Use Action APPROVED BY: Jonathan Lait, Planning and Development Services Director 1 0160169_KB2_20250225_AY16 8 7 0 9 ACTION NO. 2025-__ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 3150 EL CAMINO REAL: VESTING TENTATIVE MAP, 24PLN-00231 At its meeting on _________, 2025, the City Council of the City of Palo Alto (“City Council”) approved the Vesting Tentative Map to merge five existing parcels to create one resulting parcel for a 368-unit apartment building, making the following findings, determinations and declarations: SECTION 1. Background. A. On August 27, 2024, Acclaim Properties submitted a subdivision map application for a Vesting Tentative Map to merge five parcels into one resulting parcel for 3150 El Camino Real (“The Project”). The project site is comprised of five existing lots: APN No. 148-20-079, approximately 8,250 square feet, an undeveloped parcel; APN No. 148-20-080, approximately 4,950 square feet, an undeveloped parcel; APN No. 148-20-035, approximately 52,250 square feet, developed with a commercial eating and drinking use; APN No. 148-20-054, approximately 27,225 square feet, developed with a commercial eating and drinking use; APN No. 148-20-055, approximately 18,425 square feet, developed with a commercial eating and drinking use. Uses abutting the site include a ten-story office building to the north, a two-story hotel to the west, various one and two-story commercial uses to the east across El Camino Real, and a two-story hotel to the south. B. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on May 14, 2025, subject to conditions of approval. C. Acclaim Properties also submitted a related Major Architectural Review application, which the Director of Planning and Development Services approved on July 7, 2025 pursuant to the City’s Streamlined Housing Development Review process, to permit a 368-unit multi-family apartment building, 74 of which would be provided at a rate affordable to low income tenants (50-80% AMI). D. On ___________, 2025 the City Council held a public meeting in accordance with the City Council’s policies and procedures and approved the project subject to conditions of approval. SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined the Project is eligible for a Streamlined review for consistency with the Comprehensive Plan and Comprehensive Plan EIR in accordance with California Environmental Quality Act (CEQA) Guidelines section 15183. Documentation to support the streamlined review is available as part of the public record on file with the Planning and Development Services Division. 2 0160169_KB2_20250225_AY16 8 7 0 9 SECTION 3. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Subdivision Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: There is no adopted specific plan for this project site. The site is consistent with the Comprehensive Plan as described below. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: There is no adopted specific plan for this Project site. The proposed Vesting Tentative Map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi-family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The Project does not replace existing housing. The Project includes 74 units that will be offered at a rate affordable to low-income households at 50%-80% area median income (AMI). The Project improves the city’s jobs housing imbalance, consistent with the Transportation Element’s goals and policies. 3. That the site is not physically suitable for the type of development: The Project site is suitable for multi-family residential development in that it’s identified as a Housing Inventory Site in the Housing Element and is located within the City’s El Camino Real Focus Area, an area identified for high density housing within the City. The proposed parcel meets the minimum code requirements for the CS zone district with respect to lot area, width, and depth. The proposed number of apartment units created on the resulting parcel complies with the applicable densities set forth in the land use element and zoning code, consistent with the focus area standards. 4.That the site is not physically suitable for the proposed density of development: The proposed improvements include a total of 368 multi-family residential units and results in 144 dwelling units (DU) per acre across the resulting parcel. There is no maximum density for projects on El Camino Real and the improvements are consistent with the floor area and height allowances for the site as set forth in the zoning. The improvements also fall within the identified unit capacity of the site set forth in the adopted Housing Element. Therefore, it is physically suitable for the parcel. 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 0160169_KB2_20250225_AY16 8 7 0 9 The Project is located within the built environment that does not contain quality habitat for fish or other wildlife on the site or within the vicinity of the site. The nearest stream is a portion of Adobe Creek approximately 1,000 feet southeast from the project site. The adopted Palo Alto 2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and plant species within the Palo Alto quadrangle, a large geographic area that includes the urban portions along the bay and within the foothills, based on information in the California natural Diversity Database (CNDDB). Based on this map, and the urban nature of the site, the subject property does not contain any habitat for endangered, rare, or threatened species and has not historically supported any of these species. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The subdivision of this parcel and associated improvements would not have the potential to result in serious health problems. The proposed multi-family use would not include use or storage of hazardous materials and the use is located within the urban environment adjacent to other commercial uses. The site is not located on a hazardous waste site pursuant to government code 65962.5. 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. There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public easements for access through, or use of, the property. New public utility easements will be provided to existing and proposed electrical utilities as part of this subdivision map as required in accordance with City of Palo Alto Utilities standards. New public access easements will be provided to provide the 12-foot effective sidewalk width along El Camino Real, consistent with approved plans and policies. SECTION 4. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and 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 6 of this Record of Land Use Action. SECTION 5. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by CBG titled 4 0160169_KB2_20250225_AY16 8 7 0 9 “VESTING TENTATIVE PARCEL MAP FOR LOT MERGER” consisting of five pages, dated April 16, 2025 and submitted April 17, 2025, except as modified to incorporate the conditions of approval in Section 6. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 6. Conditions of Approval. Planning 1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled “VESTING TENTATIVE PARCEL MAP FOR LOT MERGER – 3150 EL CAMINO REAL (24PLN- 00231)”, prepared by TALUS and submitted April 17, 2025, except as modified to incorporate the conditions of this approval. 2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 3. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision prior to issuance of the building permit(s), as detailed in the Streamlined Housing Development Review Approval. Impact fees may be paid at occupancy in accordance with the requirements under PAMC 16.64.030. 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. 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- 5 0160169_KB2_20250225_AY16 8 7 0 9 Services/Forms-and-Permits 6. OVERVIEW AND GUIDELINES FOR THE REVIEW OF SUBDIVISION PROJECTS: Developer shall familiarize themselves with the guidelines described in the November 2007 revision of the document titled “Overview and Guidelines for the Review of Subdivision Projects”. Particularly Section II (items 5 through 12) and Section V (items A through C). https://www.cityofpaloalto.org/files/assets/public/planning-amp-development- services/file-migration/current-planning/forms-and-guidelines/overview-and- guidelines-for-the-review-of-subdivision-projects.pdf 7. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. THE AGREEMENT SHALL BE EXECUTED PRIOR TO MAP RECORDATION OR ISSUANCE OF ANY PERMITS FOR CONSTRUCTION, ONSITE AND OFFSITE. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off-site public improvements which will be reviewed to determine the security amount. 8. FINAL MAP: This project is subject to, and contingent upon the approval of a tentative map and recordation of a 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 tentative map are subject to City’s technical review and staff approval during the map process prior to issuance of any construction permits. 9. 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 7. Term of Approval. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Vesting Tentative Map approval, the Vesting Tentative Map shall expire and all proceedings shall terminate. A request for an extension of time may be granted by the city council after recommendation of the planning commission, after the written extension request of the subdivider is submitted, prior to the expiration of the Vesting Tentative Map approval, or any previous extension granted. Such extension(s) shall be subject to the maximum limitations set forth in the Subdivision Map Act. 6 0160169_KB2_20250225_AY16 8 7 0 9 // // // // INTRODUCED: PASSED: AYES: 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: Those plans prepared by TALUS titled “VESTING TENTATIVE PARCEL MAP FOR LOT MERGER – 3150 EL CAMINO REAL (24PLN-00231)” consisting of five pages, dated April 16, 2025 and submitted April 17, 2025.