Loading...
HomeMy WebLinkAboutRESO 10283RESOLUTION NO. 10283 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FOR 531 STANFORD AVENUE: APPEAL OF CHIEF BUILDING OFFICIAL ORDER TO DEMOLISH (24PCE- 00203) On April 20, 2026, the City Council of the City of Palo Alto denied the appeal and upheld the Chief Building Official Order to Demolish the structures located at 531 Stanford Avenue, 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.The subject property is located at 531 Stanford Avenue, Palo Alto, CA 94306; Assessor Parcel Numbers: 137-01-121, 137-01-002, 137-01-003; Property Owner: Aurora Rising Inc/Atlas Star LLC; Case Number: 24PCE-00203. B.Following a comprehensive inspection conducted on March 18, 2024, the City issued a Notice of Violation on March 21, 2024, identifying numerous serious violations affecting life safety, structural integrity, fire protection systems, and building code compliance. The Notice identified critical deficiencies requiring immediate remedial action including dilapidated fire sprinkler and alarm systems; lack of fire watch services; high combustible storage; improper hazardous material storage; severely corroded electrical and plumbing systems; unpermitted remodeling and construction; potential structural failure of second floor exit balcony requiring shoring; expired Use and Occupancy permit with unauthorized R-2 use; inoperable elevators; blocked egress; non-functioning fire-rated exits; exposed mold growth; and vermin infestation. C.Based on the extensive violations and determination that the buildings could not be feasibly repaired to meet code requirements, Chief Building Official George Hoyt issued an Emergency Notice to Repair or Abate on April 2, 2024, pursuant to authority under PAMC Chapter 16.40. D.On April 9, 2024 the buildings were red-tagged as unsafe for occupancy pursuant to the Chief Building Official authority under PAMC Chapter 16.40. The buildings have remained red-tagged continuously since that date. Docusign Envelope ID: F97A4619-F4EE-4876-9988-7F10D984A369 E. On October 17, 2025, following comprehensive evaluation, Chief Building Official George Hoyt issued a formal Notice and Order to Demolish in accordance with California Health and Safety Code § 17980.6 and PAMC Chapter 16.40. The Notice documented that the property contains dangerous and unsafe conditions constituting public nuisances posing substantial danger to health, safety, and general welfare. The Notice identified 18 specific categories of code violations and ordered demolition permit application by November 17, 2025 and completion by May 18, 2026. The Notice was delivered via posting, first-class mail, and certified mail (tracking number 9589 0710 5270 2033 2917 42) to Aurora Rising Inc/Atlas Star at 531 Stanford Avenue, the address on Santa Clara County property tax records. F. On November 7, 2025, the property owner representative submitted a letter to the City expressing concerns regarding the Notice and Order, including timeline extension requests. City staff met with the representative to discuss issues raised. G. On November 13, 2025, Stanford Orion, the property manager and owner representative, filed a timely written appeal pursuant to PAMC § 16.40.080. The appeal, submitted through Patterson & O'Neill, PC, raised four objections: (1) improper service; (2) failure to meet demolition threshold; (3) unlawful deconstruction requirement; and (4) unreasonable timeline. Pursuant to PAMC § 16.40.080(f), the appeal stayed enforcement. H. The administrative record includes expert declarations from City officials: Declaration of George E. Hoyt, Chief Building Official; Declaration of Elisa Vargas, Code Enforcement Supervisor; and Declaration of Tamara Jasso, Fire Marshal. These declarations are supported by photographic evidence and documentary exhibits. I. On April 20, 2026, the City Council held a duly noticed public hearing. Notice was provided to the appellant and property owner by certified mail at least seven days prior in accordance with PAMC § 16.40.080(b). The Council considered the administrative record, staff reports, expert declarations, documentary and photographic evidence, and testimony. SECTION 2. Environmental Review. This action is exempt from the California Environmental Quality Act (CEQA) under two independent exemptions: (1) Emergency Projects Exemption (CEQA Guidelines § 15269(c)) as demolition is necessary to address imminent public health and safety threats posed by dangerous structures; and (2) Common Sense Exemption (CEQA Guidelines § 15061(b)(3)) as there is no possibility that demolition of existing dangerous structures will have a significant environmental effect. Docusign Envelope ID: F97A4619-F4EE-4876-9988-7F10D984A369 SECTION 3. Findings 1. The buildings at 531 Stanford Avenue constitute dangerous buildings as defined in PAMC § 16.40.010 and substandard residential buildings as defined in PAMC § 16.40.020. 2. Palo Alto Municipal Code section 16.40.050(c) requires mandatory demolition when any one of three independent conditions exists. Meeting any single criterion is sufficient. The buildings meet all three criteria: (a) Fifty percent or more damaged, decayed, or deteriorated based on comprehensive assessment of failed fire protection systems, severely corroded electrical and plumbing systems, structural deterioration requiring emergency shoring, extensive unpermitted construction, and deteriorated building systems; (b) Cannot be repaired so that they will no longer exist in violation of PAMC Chapter 16.40 because the scope of necessary work constitutes reconstruction rather than repair; (c) Fire hazards existing or erected in violation of the terms of this chapter, ordinances of this City, and statutes of the State of California. 3. The Notice and Order was properly served by certified mail to the address on Santa Clara County property tax records as authorized by PAMC § 16.40.060(d). Service is effective on mailing regardless of receipt. The timely appeal demonstrates actual notice. The Chief Building Official acted within authority under PAMC § 16.40.060(a). 4. The determination upholding the order to demolish the subject buildings is supported by substantial evidence including: March 18, 2024 comprehensive inspection; October 16, 2025 Notice and Order documenting 18 specific code violations; ongoing red-tag status since April 2024; City records showing lack of required permits; expert declarations from the Chief Building Official, Code Enforcement Supervisor, and Fire Marshal; and supporting photographic and documentary exhibits. 5. The six-month timeframe to demolish the building and associated improvements and to prepare the site in accordance with the applicable conditions is reasonable and sufficient to allow for the procurement of required permits, completion of hazardous material abatement, performance of structural demolition and debris hauling, and final site restoration, while addressing urgent safety concerns. Complete removal of all structures, including subterranean improvements, is necessary to fully abate hazardous conditions. Site grading and installation of perimeter fencing are required to protect public health and safety. Docusign Envelope ID: F97A4619-F4EE-4876-9988-7F10D984A369 6. The buildings qualify for exemption from mandatory deconstruction under PAMC § 5.24.080(a) as dangerous buildings required to be abated by demolition. The property owner may use standard demolition methods or voluntarily elect deconstruction. 7. The appeal arguments do not provide sufficient grounds to reverse the order. The service of proper notice argument is contradicted by code provisions and the timely appeal. The dangerous conditions challenge misunderstands the three independent criteria. The deconstruction argument does not undermine the demolition requirement. The timeline concerns do not justify postponement given the nearly two-year enforcement history. 8. Complete demolition is necessary to protect health, safety, and general welfare. The buildings present ongoing threats including partial structural collapse risk, unabated fire hazards, unauthorized occupancy risk, and environmental hazards. The City has a fundamental obligation under PAMC Chapter 16.40 and California Health and Safety Code § 17980.6 to protect public safety. A vacant, graded, and secured lot presents substantially lower risks than deteriorating dangerous structures. SECTION 4. Appeal Denied and Demolition Order Upheld. Based on the foregoing findings and substantial evidence, the City Council denies the appeal and upholds the Chief Building Official Order to Demolish the structures at 531 Stanford Avenue, effective March 2, 2026 and subject to the conditions set forth in Section 5. SECTION 5. Conditions of Approval. 1. All structures, including above-ground buildings and below-ground improvements such as the subterranean garage and swimming pool, shall be completely removed and the site secured no later than October 20, 2026, or within six (6) months of the City Council final decision, whichever is later. The property owner must obtain all required approvals and final inspections from the City Planning and Development Services Department prior to this deadline. Docusign Envelope ID: F97A4619-F4EE-4876-9988-7F10D984A369 2. All subterranean excavations resulting from removal of below-ground structures shall be filled with approved materials and graded level with the surrounding site to ensure proper drainage and site stability. 3. A complete application for demolition permit shall be filed with the City Planning and Development Services Department within thirty (30) days of the City Council final action. Pursuant to PAMC § 5.24.080(a)(3), no deconstruction shall be required; the property owner may use standard demolition methods. 4. A six-foot tall wood or chain-link fence with integrated screening shall be installed and maintained around the perimeter of the property to secure it from unauthorized access. Upon written notice from the City, any deterioration, damage, tears, fraying, graffiti, or similar conditions shall be replaced or corrected within ten (10) days of written notice. 5. The property owner shall maintain the site in a clean, safe, and secure condition at all times. The site shall be kept free of trash, debris, overgrown vegetation, standing water, and similar property maintenance issues. Regular maintenance including mowing, weeding, and litter removal shall be performed as necessary. The property owner shall respond to any written notice from the City regarding site maintenance issues within ten (10) days of notice. // // // // // // Docusign Envelope ID: F97A4619-F4EE-4876-9988-7F10D984A369 SECTION 6. Effective Date and Finality. This decision is final upon adoption by the City Council on April 20, 2026. Pursuant to PAMC § 16.40.080(e), the City Council has affirmed the Chief Building Official order with the conditions specified herein. This decision is final and not subject to further administrative appeal. INTRODUCED: APRIL 20, 2026 PASSED: APRIL 20, 2026 AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney or designee City Manager ____________________________ Director of Planning and Development Services Docusign Envelope ID: F97A4619-F4EE-4876-9988-7F10D984A369 Certificate Of Completion Envelope Id: F97A4619-F4EE-4876-9988-7F10D984A369 Status: Completed Subject: RESO 10283 - 531 Stanford Avenue: Appeal of Chief Building Official Order to Demolish Source Envelope: Document Pages: 6 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Christine Prior AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Christine.Prior@PaloAlto.gov IP Address: 170.85.155.40 Record Tracking Status: Original 4/22/2026 4:53:39 PM Holder: Christine Prior Christine.Prior@PaloAlto.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Scott Pease scott.pease@paloalto.gov Legal Fellow COPA Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 2600:387:f:7718::1 Signed using mobile Sent: 4/22/2026 5:01:16 PM Viewed: 4/22/2026 5:16:06 PM Signed: 4/22/2026 5:16:19 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Jonathan Lait Jonathan.Lait@paloalto.gov Director, Planning and Development Services City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 170.85.155.17 Sent: 4/22/2026 5:16:21 PM Viewed: 4/23/2026 8:51:20 AM Signed: 4/23/2026 8:51:52 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Kiely Nose Kiely.Nose@paloalto.gov Assistant City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 170.85.54.87 Sent: 4/23/2026 8:51:53 AM Viewed: 4/23/2026 9:13:43 AM Signed: 4/23/2026 9:14:09 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Vicki Veenker Vicki.Veenker@paloalto.gov City of Palo Alto Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 2600:1010:b341:b4c6:ecaf:6f0d:e9fc:b4a3 Signed using mobile Sent: 4/23/2026 9:14:10 AM Viewed: 4/23/2026 9:19:41 AM Signed: 4/23/2026 9:21:27 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@paloalto.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 165.225.242.89 Sent: 4/23/2026 9:21:28 AM Viewed: 4/23/2026 2:20:40 PM Signed: 4/23/2026 2:20:49 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/22/2026 5:01:16 PM Certified Delivered Security Checked 4/23/2026 2:20:40 PM Signing Complete Security Checked 4/23/2026 2:20:49 PM Completed Security Checked 4/23/2026 2:20:49 PM Payment Events Status Timestamps