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HomeMy WebLinkAboutStaff Report 2506-4882CITY OF PALO ALTO CITY COUNCIL Monday, September 29, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     5.PUBLIC HEARING / QUASI-JUDICIAL. 70 Encina Avenue [25PLN-00034]: Request for Approval of a Tentative Map to Merge Two Lots and Allow for a Condominium Subdivision to Create 10 Units on the Resulting 12,119-Square-Foot Parcel. The Subdivision Map Would Facilitate Construction of Ten New Residential Units in One Building, which was previously approved on April 14, 2025 (24PLN-00095). CEQA Status: Exempt from the Provisions of the California Environmental Quality Act (CEQA) in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency). Zoning District: PC-5654. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: September 29, 2025 Report #:2506-4882 TITLE PUBLIC HEARING / QUASI-JUDICIAL. 70 Encina Avenue [25PLN-00034]: Request for Approval of a Tentative Map to Merge Two Lots and Allow for a Condominium Subdivision to Create 10 Units on the Resulting 12,119-Square-Foot Parcel. The Subdivision Map Would Facilitate Construction of Ten New Residential Units in One Building, which was previously approved on April 14, 2025 (24PLN-00095). CEQA Status: Exempt from the Provisions of the California Environmental Quality Act (CEQA) in Accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency). Zoning District: PC-5654. RECOMMENDATION Staff recommends the City Council take the following actions: 1. Consider the project exempt from CEQA in accordance with CEQA Guidelines Section 15183 (Comprehensive Plan Consistency) as documented in Attachment C; and 2. Approve the Tentative Map based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B. EXECUTIVE SUMMARY The applicant requests approval of a Tentative Map1 to merge two contiguous parcels, located at 70 Encina Avenue (APN 120-34-006) and on an adjacent unaddressed parcel (APN 120-34- 007), and for a condominium subdivision to allow 10 residential condominium units on the resulting, 12,119-square-foot parcel. The Planning and Transportation Commission (PTC) unanimously recommended approval on August 27, 2025. Council previously approved rezoning of the two parcels and construction of a 10-unit residential condominium project through the Planned Home Zoning/Planned Community 1 Tentative Map: https://www.paloalto.gov/files/assets/public/v/1/planning-amp-development-services/new- development-projects/70-encina/september-29-2025-council-tentative-map.pdf process set forth in Palo Alto Municipal Code (PAMC) Chapter 18.38.2 Two of the approved units will be provided at below market rate and made affordable to households making 80% of Area Median Income or below. BACKGROUND The project includes a request for a Tentative Map to merge two contiguous parcels located at 70 Encina Avenue (APN 120-34-006) and on an adjacent unaddressed parcel (APN 120-34-007), and for a condominium subdivision to allow ten residential condominium units on the resulting, 12,119-square-foot parcel. Requested Entitlements, Findings and Purview The applicant requests approval of a tentative map, which is subject to City Council approval. The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474, and application approval is outlined PAMC Sections 21.12.010 and 21.13.020. Tentative maps require PTC and Council review. The PTC reviews whether the amended subdivision 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 PAMC and State Law. The PTC’s recommendation is forwarded to the City Council for final approval. The Council decision is final. Prior City Reviews & Action The proposed subdivision map was reviewed and unanimously recommended for approval by the PTC on August 27, 2025, with minor modifications that were incorporated into the Record of Land Use Action.3 Additionally, the proposed site improvements associated with the map were approved by City Council on April 14, 2025.4 ANALYSIS The proposed project and relevant discussion and findings herein reflect the Tentative Map. The City Council previously approved the proposed site improvements associated with this condominium subdivision. Neighborhood Setting and Character This property consists of two parcels located within the Town and County Village Shopping Center (Town & Country), but that are not owned or leased by Town & Country. The sites were 2 Ordinance 5645 and Record of Land Use Action 2025-03 is available online at: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=48334 3 Planning and Transportation Commission Staff Report, August 27, 2025, Item 2: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=16575 4 City Council Staff Report, April 14, 2025, Item 12: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=16036 previously leased by Ellis Partners, the owner of Town & Country, and provided parking for that 5 Housing Element 6 5 The Palo Alto Comprehensive Plan is available online: bit.ly/PACompPlan2030 6 The Palo Alto Zoning Code is available online: bit.ly/PAZoningCode FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 3 Bldg 3 Bldg 1 Bldg 2 Bldg 4 50.0' 121.2' 50.0' 121.2' 121.2' 121.2' 56.0' 121.2' 56.0' 100.0' 121.2' 100.0' 121.2' 50.0' 121.2' 50.0' 121.2' 18.8' 535.5' 938.0' 1 100.0' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 50.0' 121.2' 121.2' 121.2' 50.0' 50.0' 121.2' 100.0' 100.0' 121.2' 121.2' 182.3' 200.0' 121.1'14.3' 72.6' 137.4' 84.5' 112.3' 39.0' 48.0'43.5' 112.3' 82.2' 224.6' 212.7' 72.0' 51 75 63 44 87 98 67 81 855 25 ALMA ST EL CAMINO REALMINO REAL EMBARCADERO ROAD URBAN L ANE UE ENCINA AVENUE CC CS CS PAMF PARKING STRUCTURE This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site 0' 71' Attachment A 70 Encina Location Map CITY OF PALO ALTO INCO R P O R ATED CALIFORNIA P a l o A l t o T h e C i t y o f APRIL 1 6 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto ekallas, 2024-09-04 15:59:55 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 3 2 6 2 ACTION NO. 2025-XX At its meeting on September 29, 2025, the City Council of the City of Palo Alto (“City Council”) approved the Vesting Tentative Map to merge two existing lots for the development of a one-lot subdivision to create 10 residential condominium units, making the following findings, determinations and declarations: SECTION 1. Background. A. On February 11, 2025, Sandis, on behalf of Town & Country Development Company, LLC, applied for a Tentative Map for the development of a one (1) parcel, 10-unit condominium subdivision at 70 Encina Avenue (“The Project”). The project site is comprised of two existing lots: APN No. 120-34-006, approximately 6,059.5 square feet, contains a vacant surface parking lot. APN No. 120-34-007, approximately 6,059.5 square feet, contains a vacant surface parking lot. Uses abutting the site include a one-story shopping center (Town and Country Shopping Center). Across Encina Avenue are one-to-three story office buildings, and the five-story LifeMoves Opportunity Center. B. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on August 27, 2025, subject to conditions of approval. C. Hayes Group Architects, on behalf of Town & Country Development Company, LLC, also submitted a related Planned Community/Planned Home Zoning application, which the City Council approved on April 14, 2025 pursuant to the City’s Planned Community Rezoning Process, to permit a 10-unit multi-family building, two of which would be provided at a rate affordable to low income tenants (50-80% AMI). D. On September 29, 2025 the City Council held a duly noticed public hearing, at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council’s policies and procedures. SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15183, which provides an exemption for projects deemed consistent with the Comprehensive Plan. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division. 3 2 6 2 SECTION 3. Tentative 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). The City Council cannot make these findings for the following reasons: That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: 3. That the site is not physically suitable for the type of development: That the site is not physically suitable for the proposed density of development: 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 2 6 2 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: 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. 3 2 6 2 SECTION 6. Conditions of Approval. Planning 1. PROJECT PLANS. The Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Tentative Map titled “70 ENCINA AVENUE TENTATIVE MAP FOR CONDOMINIUM PURPOSES”, prepared by Sandis and submitted September 11, 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. FINAL MAP SUBMITTAL: The Final Map submittal shall incorporate the following changes: a. Submit a filled out and signed Subdividers’ Statement. 4. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto’s Municipal Code provides that all condominium and other “community housing projects” shall submit Covenants, Conditions and Restrictions (CC&R’s) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R’s. a. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City’s Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) 3 2 6 2 e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. f.TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL. Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney. i. CITY’S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. j. NO WAIVER OF CITY’S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective. k. CITY’S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City’s failure to exercise 3 2 6 2 any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy. Public Works Engineering 3 2 6 2 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. Tentative Map. All conditions of approval of the 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 Tentative Map approval, the Tentative Map shall expire and all proceedings shall terminate. An extension of time may be granted by the city council after recommendation of the planning commission, upon the written application of the subdivider, with an extension request submitted prior to the expiration of the 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. // // // // // // // // // // // // // INTRODUCED AND PASSED: AYES: 3 2 6 2 NOES: If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner-on-Duty at 650-617-3117 or email planner@cityofpaloalto.org Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to commissioners for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project plans and environmental documents online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “70 Encina” 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/Departments/Planning-Development-Services/Current- Planning/Projects/70-Encina-Ave