HomeMy WebLinkAboutStaff Report 2603-6070CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, May 11, 2026
Council Chambers & Hybrid
4:30 PM
Agenda Item
7.PUBLIC HEARING / QUASI-JUDICIAL. 3781 El Camino Real [24PLN-00161]: Request for
Approval of Major Architectural Review Application to Merge Four Existing Parcels to
Create a 63,025 Square-Foot Parcel and to Construct a Seven-Story, Multi-Family
Residential Housing Development Project with 183 Units. Thirteen Percent of The Base
Units Would be Provided at a Rate Affordable to Low Income. The Project is Proposed in
Accordance with Builder’s Remedy (California Government Code Section 65589.5(d)(5)).
A Senate Bill 330 Pre-Application was Filed on February 15, 2024. CEQA Status: Exempt
Pursuant to Assembly Bill 130 (Public Resources Code Section 21080.66). Staff
Presentation, Applicant Presentation, Public Comment
CITY COUNCIL
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: May 11, 2026
Report #: 2603-6070
TITLE
PUBLIC HEARING / QUASI-JUDICIAL. 3781 El Camino Real [24PLN-00161]: Request for Approval
of Major Architectural Review Application to Merge Four Existing Parcels to Create a 63,025
Square-Foot Parcel and to Construct a Seven-Story, Multi-Family Residential Housing
Development Project with 183 Units. Thirteen Percent of The Base Units Would be Provided at
a Rate Affordable to Low Income. The Project is Proposed in Accordance with Builder’s Remedy
(California Government Code Section 65589.5(d)(5)). A Senate Bill 330 Pre-Application was Filed
on February 15, 2024. CEQA Status: Exempt Pursuant to Assembly Bill 130 (Public Resources
Code Section 21080.66).
RECOMMENDATION
Staff recommends that City Council:
1. Consider the project exempt from California Environmental Quality Act (CEQA) in
accordance with Assembly Bill (AB) 130 (Public Resources Code Section 21080.66); and
2. Approve the Major Architectural Review application based on findings and subject to
conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B.
EXECUTIVE SUMMARY
The proposed residential project includes 183 rental units, thirteen percent of the base units of
1(23 units total) would be provided at a rate affordable to low-income households or below,
with two levels of above ground parking. The project includes demolition of 14 residential
rental units as well as approximately 10,100 square feet of commercial floor area across four
existing parcels located at 3727-3737 & 3773-3783 El Camino Real, 378-400 Madeline Court,
and 388 Curtner Avenue. These four parcels would be merged through a Certificate of
Compliance to create a single parcel for the proposed development.
1 Inclusionary percentage is based on the pre-density bonus count of 177 units.
The applicant filed a compliant pre-application in accordance with Senate Bill (SB) 330 on
February 15, 2024 (24PLN-00048). Therefore, the project analysis is based on the applicable
standards at the time the compliant SB 330 pre-application was submitted. In addition, the
project is considered a “Builder’s Remedy project” as defined in the recently adopted AB 1893.
Accordingly, the project may not be denied on the basis of inconsistency with the Zoning
Ordinance or Comprehensive Plan land use designation. The project is further afforded
numerous protections as detailed below.
BACKGROUND
Code Section 65589.5(d)(5), commonly known as Builder's Remedy, and qualifies for additional
protections as a "Builder's Remedy 2.0 project" under AB 1893. The applicant's full project
description, including a list of waivers requested under State Density Bonus Law, is provided in
Attachment F. As discussed in greater detail in this report, provided the project is designed in
compliance with all relevant objective standards, the City may not impose conditions that
would prevent construction of the project as proposed, even after the application of density
bonus incentives, concessions, and waivers.
Architectural Review – Major (AR): The process for evaluating this type of application is
set forth in Palo Alto Municipal Code (PAMC) Section 18.77.070. AR applications are
reviewed by the ARB and recommendations are forwarded to the Planning and
Development Services Director for action within five business days of the Board’s
recommendation. Action by the Director is appealable to the City Council if filed within
14 days of the decision. The Director may instead forward a project directly to City
Council for final action in accordance with PAMC Section 18.40.180. AR projects are
evaluated against specific findings. All findings must be made in the affirmative to
approve the project. Failure to make any one finding requires project redesign or denial.
The findings to approve an AR application are provided in Attachment B.
Housing Accountability Act (Government Code 65589.5): The project constitutes a
“housing development project,” as well as “housing for very low, low-, or moderate
income households” under the Housing Accountability Act. The Housing Accountability
Act Section 65589.5(d) states that a city cannot deny such a project or impose
conditions of approval that would render it infeasible unless it makes specified findings.
Among those findings are: that the project would have a specific, adverse impact upon
the public health or safety that cannot be mitigated. “Specific, adverse impact” means
“a significant, quantifiable, direct, and unavoidable impact, based on objective,
identified, written public health or safety standards, policies, or conditions as they
existed” at the time of the preliminary application.
Because the project is a “Builder’s Remedy 2.0 project,” under AB 1893, the City is
further limited to only enforcing those objective standards that exist in a zone district or
land use designation that allows the density requested. If there are no such zoning
districts or general plan designations in the City, then the applicant may identify any City
standards that facilitate the project and only those standards shall apply. If the project
meets these identified standards, the City cannot impose conditions of approval that
preclude the project from being constructed as proposed by the applicant.
Because the project is a “Builder’s Remedy 2.0 project,” under AB 1893, the “base density” for
purposes of State Density Bonus Law shall be the maximum density permitted for Builder’s
Remedy projects (e.g. three times the density permitted in the zoning code or general plan).
The project applicant is also able to utilize incentives, concessions, and waivers under State
Density Bonus Law when demonstrating compliance with the enforceable standards.
Architectural Review Board
On January 15, 2026, the ARB recommended approval of the project (3-0) with Vice Chair
Adcock and Board Member Hirsch absent. The ARB also recommended that City Council
consider the following conditions of approval for the project:
Add third elevator to the northeast wing of the structure.
Clear path of travel within bike room with the addition of a door to the parking garage.
Add an off-street loading space.
Improve the parking garage screening to neighbors.
Recess the entrance along El Camino Real to ensure an 8-foot clearance when doors are
open.
Expand 3rd-floor balconies, where possible.
Streamline balconies along El Camino Real with different materials to reduce
transparency.
Reduce the visual massing of the structure through architectural expertise with refined
facade detailing, and upper story stepbacks, potentially moving the top floor back by 4
feet.
Provide detailed courtyard sections explaining the spa and plantings.
ANALYSIS
Other portions of the project site are designated multiple-family, where the permitted number
of housing units varies by area, depending on existing land use, proximity to major streets and
public transit, distance to shopping and environmental problems. Net densities range from 8 to
90 persons per acre (8 to 40 units). Density should be on the lower end of the scale next to
single-family residential areas. However, densities higher than what is permitted may be
allowed where measurable community benefits will be derived, services and facilities are
available, and the net effect will be consistent with the Comprehensive Plan.
Housing Element Consistency
The project site was not identified as a Housing Inventory Site in the adopted Housing Element.
However, the proposed development would provide 169 net new units units, including 23 units
at a rate affordable to low-income, which would count toward the City’s Regional Housing
Needs Allocation (RHNA). These units would help advance Housing Element implementation by
contributing housing in areas outside the inventory. The project would also help offset
shortfalls if identified inventory sites are not developed to their assumed capacity or
timeframe.
El Camino Real Design Guidelines Consistency
The project is also subject to the El Camino Design Guidelines and South El Camino Design
Guidelines to the extent that these guidelines include objective standards. The design
guidelines are intended to direct the project design process toward solutions that, given site
conditions and the requirements of the development program, best meet City goals and
community values and expectations. Notable recommendations include landscaping buffers,
screening of mechanical equipment and parking areas, pedestrian oriented designs in the CN
district, minimizing the number of driveways, limiting building colors to no more than three
primary colors, and defining corner elements. As proposed, the project is generally consistent
with these guidelines, although only objective standards may be applied to the project. Where
the guidelines encourage specific requirements such as colors and defining corner elements,
the project complies with the related objective standards set forth under PAMC Chapter 18.24.
Although the project does not include a ground floor commercial use and, accordingly, does not
provide ground floor glazing/transparency, this deviation is permitted under the builder’s
remedy.
Zoning Compliance
Because the site area is comprised of four lots, there are two different zoning designations
across these lots, including portions zoned CN and RM-30. The project does not propose to
rezone these parcels for consistency across the resulting parcel. However, the site is located
within the El Camino Real Focus Area. The El Camino Real Focus Area modifies and replaces
some of the development standards provided in base zone districts and applicable combining
district regulations for housing development projects. In some instances, the El Camino Real
Focus Area standards refer to the governing base district regulations. Therefore, Attachment C
includes a summary of the project’s consistency with the El Camino Real Focus Area standards
as it would apply to each zone district on the site. Additionally, Attachment D includes a
summary of the project’s consistency with the objective design standards set forth in PAMC
Chapter 18.24.
Multi-Modal Access
Valley Transit Authority (VTA) bus line 22 runs along El Camino Real with a bus stop near the far
southern corner of the project site. The project is located approximately 1.2 miles from the
California Avenue Caltrain Station and fronts El Camino Real. California Department of
Transportation recently installed Class III and Class IV bicycle facilities along El Camino Real
adjacent to the project frontage, further enhancing multimodal access for cyclists. Vehicular
access to the project site is provided from Curtner Avenue, consistent with the current parcels.
The project includes a single vehicular access where there are two.
Parking and Loading
The project includes 196 vehicle parking spaces, 36 of which would be tandem, and six
motorcycle parking spaces, exceeding the 183 vehicle parking spaces required under the Zoning
Code (pursuant to the focus area standards). Of the resident-assigned spaces, 151 would be
electric vehicle (EV)-capable, including one accessible EV space and one van-accessible EV
space, with 39 non-EV spaces also provided. The project is required to provide 183 EV-ready
spaces in compliance with the California Green Building Code (CalGreen). Therefore, a condition
of approval has been added to require that parking comply with CalGreen requirements. Bicycle
parking is provided within the parking garage near the El Camino Real frontage and includes
144 long-term bicycle spaces. An additional four short-term bicycle spaces are proposed to be
located within the front setback along El Camino Real. The Zoning Code requires 183 total
bicycle spaces as well as 18 short-term spaces, while CalGreen requires approximately 23 short-
term spaces. The conditions of approval require the applicant to provide short-term bicycle
parking in conformance with CalGreen code requirements. Title 8 Consistency (Trees)
The project site has a total of 41 existing trees representing 14 species that were assessed in
the Preliminary Arborist Report dated July 11, 2024, by HortScience, Bartlett Consulting. Of the
41 trees documented, 31 trees are recommended to be removed, only one of which is
protected, a bronze loquat that is within the foundation footprint along the Curtner Avenue
frontage. A total of 12 trees would be preserved, including all trees within the El Camino Real
right-of-way and all trees on the neighboring properties. The project proposes a total of 72 new
trees along property lines, as street trees, and within open space areas. Tree replacement
mitigation values for the project are further detailed in the Tree Disposition Table (L-5.4) of the
plan set, see Attachment G.
FISCAL/RESOURCE IMPACT
plus the applicable public art fee. These fees are required to either be paid at building permit
issuance or, with the recordation of a lien on the property, may be deferred until occupancy.
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
Attachment G: Project Plans
APPROVED BY:
Attachment A Location Map
3781 El Camino Real
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DRAFT ACTION NO. 2026-__
On _________, 2026, the City Council of the City of Palo Alto (“City Council”) approved a
Major Architectural Review application for development of 183 residential rental units (“the
project”). In approving the application, Council makes the following findings, determinations,
and declarations:
SECTION 1. Background.
A. On February 15, 2024, Camino Real Development LLC & Kendall Investors,
LLC filed a compliant pre-application in accordance with Senate Bill (SB) 330 and with California
Government Code Section 65589.5(d)(5) (also known as Builder’s Remedy).
B. On June 10, 2024, Camino Real Development LLC & Kendall Investors filed an
Architectural Review application (24PLN-00161) for construction of a 183 rental unit residential
project to merge four existing lots to create a single resulting 63,025-square-foot parcel (1.49
acres). The project includes 177 base units and 6 density bonus units, for a total of 183 units, as
well as the following density bonus waivers and concessions in accordance with State Density
Bonus Law, and additional protections as a “builder’s remedy project,” under AB 1893:
Waiver 1: Build-to-lines (90% of frontage built to setbacks where a maximum
50% along El Camino Real is required)
Waiver 2: Upper Story Step Back (None proposed where a 10-foot step-back
above 55 feet in height is required)
Waiver 3: Lot Coverage (83% where maximum 80% is allowed)
Waiver 4: Front setback (15 feet along Curtner Avenue, minimum 20 feet is
required)
Waiver 5: Rear and Side Daylight Plane (None provided where 10 feet at lot
line then 45-degree angle is required)
Waiver 6: Housing typologies (one to two-acre lots are required to provide a
minimum of two housing types)
Waiver 7: Street Trees (9 trees provided, required 16 trees)
C. The project site is comprised of four existing lots: APN No. 132-41-084,
approximately 9,160 square feet, developed with mixed-use; APN No. 132-41-083,
approximately 18,376 square feet, developed with a commercial use; APN No. 132-41-020,
approximately 29,618 square feet, developed with a multi-family residential use; APN No. 132-
41-019, approximately 5,627 square feet, developed with a multi-family residential use.
Adjacent uses include a mix of commercial and low-intensity, one-story and two-story buildings,
as well as low density residential uses surrounded by surface parking.
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D. Following staff review, the Architectural Review Board held a duly noticed
public hearing to review the Major Architectural Review application on January 15, 2026, and
recommended approval to City Council.
E. On ___________, 2026 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
the project is exempt from California Environmental Quality Act (CEQA) in accordance with AB
130 [Public Resources Code section 21080.66]. Documentation to support the streamlined
review is available as part of the public record on file with the Planning and Development
Services Division.
SECTION 3. Architectural Review Findings. In order to make a recommendation of approval, the
project must comply with the following Findings for Architectural Review as required in Chapter
18.76.020 of the PAMC.
1.The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan,
Zoning Code, coordinated area plans (including compatibility requirements), and any
relevant design guides.
A summary of the project’s consistency with the Comprehensive Plan is provided in this
table. Because the project is a “builder’s remedy project,” as defined in Gov. Code
section 65589.5(h)(11), and in accordance with Gov. Code section 65589.5(f)(6)(A), the
project is required to comply only with objective, quantifiable, written development
standards, conditions, and policies that would have applied to the project had it been
proposed on a site with a general plan designation and zoning classification that allow
the density and unit type proposed by the applicant. Moreover, in accordance with Gov.
Code section 65589.5(f)(6)(D)(iii), a project that complies with such objective standards,
conditions, and policies “shall be deemed consistent, compliant, and in conformity with
an applicable plan, program, policy, ordinance, standard, requirement, redevelopment
plan and implementing instruments, or other similar provision for all purposes.”
Comp Plan Goals and Policies How project adheres or does not adhere to
Comp Plan
The Comprehensive Plan land use designation
for the site is Neighborhood Commercial (CN)
and Multiple-Family Residential (MF).
Consistent with the Comprehensive Plan’s
encouragement of housing near transit
centers, higher density multi-family housing
may be allowed in specific locations in the
Neighborhood Commercial land use
designation. The project is located along a
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high-quality transit corridor and the portions
of the project site that are within these land
use designations are identified as Housing
Inventory Sites under the adopted Housing
Element. Therefore, the proposed use multi-
family residential use is consistent with these
Comprehensive Plan land use designations.
Housing Element
Policy 4.3 Implement development standards,
objective design standards, and architectural
and green building standards that encourage
new high-quality rental and ownership
housing.
The project complies with the implemented
standards except where requests for waivers
or concessions in accordance with state law is
provided. The project provides the necessary
upgrades to infrastructure on the site to
provide new high-quality rental units. The
project complies with all required green
building requirements in accordance with
state law and the city’s local reach code.
Land Use and Community Design
Goal L-1 A compact and resilient city providing
residents and visitors with attractive
neighborhoods, work places, shopping
districts, public facilities and open spaces.
The project redevelops existing developed
parcels and provides an attractive
development that is generally consistent with
the City’s design criteria.
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.
The project is an urban infill development
proposal in the urban service area of the city.
Policy L-1.4: Commit to creating an inventory
of below market rate housing for purchase
and rental.
The proposed residential project includes 183
rental units, and 13 percent of the base 177
units (excluding density bonus units) would be
provided at a rate affordable to low-income
households or below. This would add 23 low
income rental units to the City’s BMR housing
stock.
Goal L-2 An enhanced sense of “community”
with development designed to foster public
life, meet citywide needs and embrace the
principles of sustainability.
The project is designed to comply with
CALGreen Tier 2 requirements that
incorporate sustainable design, construction,
and operational requirements to reduce
energy and water operational costs and
increase indoor air quality for building owners
and occupants.
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Policy L-2.2 Enhance connections between
commercial and mixed use centers and the
surrounding residential neighborhoods by
promoting walkable and bikeable connections
and a diverse range of retail and services that
caters to the daily needs of residents.
The project site is located on and adjacent to
El Camino Real, a local serving and regional
serving corridor, defined by a mix of
commercial uses and housing. Caltrans
recently installed Class III and Class IV bike
lanes, which run along the project’s frontage
on El Camino Real. Residents would be able to
utilize these connections to other surrounding
areas.
Goal L-6: Well-designed buildings that create
coherent development patterns and enhance
city streets.
The project frontage along El Camino Real
provides a sidewalk and retains the existing
four street trees. Alongside Curtner Avenue,
the project proposes five new street trees for
an inviting streetscape. The project includes
high quality materials such as brick and stucco
that aid in creating a cohesive design.
Policy L-9.2 Encourage development that
creatively integrates parking into the project,
including by locating it behind buildings or
underground wherever possible, or by
providing for shared use of parking areas.
Encourage other alternatives to surface
parking lots that minimize the amount of land
devoted to parking while still maintaining safe
streets, street trees, a vibrant local economy
and sufficient parking to meet demand.
Parking would be screened behind the first
floor amenity spaces alongside El Camino Real
with the parking garage entrance located
along Curtner Avenue. Further, 196 parking
spaces would be provided on-site exceeding
the El Camino Real focus area parking
requirements.
Transportation Element
Policy T-3.7 Encourage pedestrian-friendly
design features such as sidewalks, street trees,
on-street parking, gathering spaces, gardens,
outdoor furniture, art and interesting
architectural details.
The project includes direct connections to the
sidewalk that help to activate the frontage
along El Camino Real in addition to new street
trees along Curtner Avenue.
Policy T-3.9 Support citywide sustainability
efforts by preserving and enhancing the tree
canopy where feasible within the public right-
of-way, consistent with the Urban Forest
Management Plan, as amended.
The project meets the tree canopy
replacement requirements through on-site
plantings. The project includes removal of 31
trees and replaces with 72 trees, which are
proposed to be located along property lines,
in the right of way, and within open space
areas.
The South El Camino Real Design Guidelines are applicable to the project, to the extent
that the standards are objective, and the site is located within the Triangle Area
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Pedestrian Node. The project is consistent with the Guidelines, below is an analysis of
the applicable guidelines:
3.1.1 Effective Sidewalk Width:
Create a 12-foot effective sidewalk width
along El Camino Real
The project proposes a 12-foot effective
sidewalk width.
3.1.2 Sidewalk Setback Design:
The design of the sidewalk setback should
create an urban “downtown” character.
The proposed sidewalk setback includes
areas for short-term bicycle parking and
architectural wall lights.
3.1.3 Build to lines:
Buildings should be built up to the sidewalk
to reinforce the definition and importance of
the street.
The project provides 90% built to the setback
while still providing the effective 12-foot
sidewalk width.
3.1.5 Minimum Height:
Buildings should have a minimum height of
25 feet in order to provide presence along El
Camino Real.
The project is 82 feet in height to the
parapets.
3.3.1 Usable Amenities:
Landscape and hardscape features should
not just be visually appealing, but also
function as open space amenities to be used
and enjoyed.
The project includes outdoor seating areas,
dining areas, and three spa areas with one
cold plunge pool.
4.1.8 Expression of Use:
Building forms should be articulated as an
expression of the building use.
The project has been revised to add
additional definition to the two-story
residential entry area at the building’s
corner. The balconies also provide visible
private outdoor space, identifying the
residential uses.
4.2.1 Relationship of Entries to the Street:
Buildings should have entries directly
accessible and visible from El Camino Real.
The building has an entrance facing El
Camino Real and Leasing entrance facing
Curtner Avenue visible from El Camino Real.
4.3.6 Design Consistency on All Facades:
All exposed sides of a building should be
designed with the same level of care and
integrity.
All sides of the building use the same variety
of materials and level of detail. They are also
articulated for visual interest and to reduce
massing.
4.4.1 Amenities:
Building design should offer amenities to
users and the public such as protection from
the elements and places for people to gather
or retreat.
The project provides a number of public and
private gathering areas.
4.5.1 Flat Roofs and Parapets Encouraged.
Flat roofs with parapets are strongly
encouraged.
The proposed building has a flat roof with
parapet design.
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4.8.1 Mix of Materials:
Juxtaposition of contrasting materials can
create interest when carefully integrated.
This project includes stucco, brick, glass,
wood-like panel soffits, and metal in a
composed design.
2.The project has a unified and coherent design, that:
a.creates an internal sense of order and desirable environment for occupants,
visitors, and the general community,
b.preserves, respects and integrates existing natural features that contribute
positively to the site and the historic character including historic resources of the
area when relevant,
c.is consistent with the context-based design criteria of the applicable zone
district,
d.provides harmonious transitions in scale, mass and character to adjacent land
uses and land use designations,
e.enhances living conditions on the site (if it includes residential uses) and in
adjacent residential areas.
The project is consistent with Finding #2 because:
The project is comprised of various residential amenity spaces at the first floor, third floor, and
seventh floor and offers short-term bike racks for visitors and well as long-term bike lockers for
residents. There is pedestrian access from El Camino Real and Curtner Avenue to promote
walkability and connectivity. However, cars can only enter the garage on Curtner Avenue, as
required per the objective standards. The pedestrian walkways are paved with attractive
materials and landscaped. The project proposes to construct a building that is generally taller
than the immediately surrounding buildings. However, adjacent to the project site to the north,
there is another recently built residential building that is four stories in height.
The proposed project is consistent with the findings to provide high quality materials and
finishes in a neutral color palette. The building will have residential amenity spaces on the first
floor with a majority of those spaces utilizing glazing, which helps to engage the sidewalk.
While the project at 82 feet in height exceeds surrounding development, the project complies
with the height limits within the El Camino Real Focus Area and deviates from the objective
standards in a manner consistent with State law.
3.The design is of high aesthetic quality, using high quality,
integrated materials and appropriate construction techniques, and incorporating
textures, colors, and other details that are compatible with and enhance the surrounding
area.
The project is consistent with Finding #3 because:
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The project proposes a contemporary style that is recognizable along the El Camino Real
corridor overall and aligns with the recent residential development to the north of the project
site. The project uses materials such as stucco, brick, wood-like panel soffits, and metal railings
on the balconies and metal awnings. As conditioned, the stucco surfaces will be a smooth finish
texture. The proposed colors are neutral and are compatible with surrounding color schemes.
The design is functional, allowing for ease and safety of pedestrian and bicycle traffic
and providing for elements that support the building’s necessary operations
(e.g. convenient vehicle access to property and utilities, appropriate arrangement and
amount of open space and integrated signage, if applicable, etc.).
The landscape design complements and enhances the building design and its
surroundings, is appropriate to the site’s functions, and utilizes to the extent practical,
regional indigenous drought resistant plant material capable of providing desirable
habitat that can be appropriately maintained.
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6.The project incorporates design principles that achieve sustainability in areas related to
energy efficiency, water conservation, building materials, landscaping, and site
planning.
The project is consistent with Finding #6 because:
In accordance with the City’s Green Building Regulations, the project will satisfy the
requirements for CALGreen Mandatory + Tier 2. This is demonstrated on the GB sheets in the
plan set.
SECTION 4. Conditions of Approval Architectural Review.
Planning
1. CONFORMANCE WITH PLANS. Construction and development shall be in substantial
conformance with the approved plans entitled, "3781 El Camino Real – Major Architectural
Review” uploaded to the Palo Alto Online Permitting Services Citizen Portal on March 17,
2026, as modified by these conditions of approval.
2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions provided in
this document. A copy of this cover letter and conditions of approval shall be printed on the
second page of the plans submitted for building permit.
3. BELOW MARKET RATE (BMR) HOUSING. This project is proposed as a Builder’s Remedy
project, as defined in AB 1893, and is providing thirteen percent of the proposed 177 base
units at prices affordable to lower income households. This also represents an alternative
means of compliance with the City’s inclusionary housing requirement stated in Palo Alto
Municipal Code Chapter 16.65. The applicant shall execute and record a BMR regulatory
agreement in a form satisfactory to the City Attorney. The project shall conform to the
approved regulatory agreement, which shall be recorded prior to issuance of building
permit or final map, whichever occurs first. All BMR units constructed under this condition
shall be in conformance with the City’s BMR Program rules and regulations, as modified by
the concession granted pursuant to State Density Bonus Law regarding unit distribution.
Failure to comply with the timing of this condition and any adopted BMR Program rules and
regulations shall not waive its later enforcement.
4. RENTER PROTECTIONS. The project is subject to the renter protection requirements set
forth in PAMC Section 9.68.060 for no fault evictions for rental properties with more than
10 units. This includes either rental fee waiver for the last month or relocation assistance as
detailed in the municipal code. Notification requirements in accordance with the code is
required. Documentation showing compliance with these code requirements must be
provided to the project planner prior to issuance of a demolition/deconstruction permit.
5. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for
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review and approval prior to construction. If during the Building Permit review and
construction phase, the project is modified by the applicant, it is the responsibility of the
applicant to contact the Planning Division/project planner directly to obtain approval of the
project modification.
6. LANDSCAPE PLAN. Plantings shall be installed in accordance with the approved plan set
prior to occupancy and shall be permanently maintained and replaced as necessary.
7. STANDARD CONDITION FOR VAPOR INTRUSION. For projects which are known to be subject
to risk of vapor intrusion, the applicant shall assess site conditions to determine both the
nature and extent of contamination. If contamination at the site exceeds the most current
environmental screening levels (ESLs) identified by the Regional Water Quality Control
Board (RWQCB) for volatile organic compounds, the applicant shall prepare and submit a
Site Management and Contingency Plan (SMCP) to either the Department of Toxic
Substances Control (DTSC), RWQCB, or the County of Santa Clara Department of
Environmental Health for approval. The SMCP shall include details regarding the pending
development and propose remediation and/or mitigation to address any environmental risk
identified in the site assessment. The applicant shall agree to and implement all
recommendations of the reviewing regulatory agency approving the SMCP in order to
reduce the exposure of future occupants to vapor intrusion. A copy of the approved SMCP
shall be submitted to the Director of Planning prior to issuance of a building permit. If the
reviewing agency requires that a vapor intrusion barrier system be installed, the VIMs shall
be document in the building permit plan set prior to issuance of the building permit.
Post construction indoor air monitoring shall be conducted for any VIMS systems and shall
comply with the specific recommendations set forth by the regulatory agency approving the
SMCP.
8. STANDARD CONDITION NESTING BIRD SURVEY. Vegetation or tree removal shall be
prohibited during the general avian nesting season (February 1 – August 31), if feasible. If
nesting season avoidance is not feasible, the applicant shall retain a qualified biologist, as
approved by the City of Palo Alto, to conduct a preconstruction nesting bird survey to
determine the presence/absence, location, and activity status of any active nests on or
adjacent to the project site no more than 14 days prior to scheduled vegetation clearance
and/or demolition activities. If nesting birds are found to be present, a suitable buffer
(typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for
raptors) as determined appropriate by the biologist, shall be established around such active
nests and no construction shall be allowed within the buffer areas until a qualified biologist
has determined that the nest is no longer active (i.e., the nestlings have fledged and are no
longer reliant on the nest). A report documenting any data recovered during monitoring
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shall be prepared by a qualified biologist and submitted to the Director of Planning prior to
final planning inspection.
9. CULTURAL SENSITIVITY TRAINING. Prior to issuance of any grading permit, the project
applicant shall be required to submit evidence that a Cultural Awareness Training program
has been provided to construction personnel. The training shall be facilitated by a qualified
archaeologist in collaboration with a Native American representative registered with the
Native American Heritage Commission for the City of Palo Alto and that is traditionally and
culturally affiliated with the geographic area as described in Public Resources Code Section
21080.3.
10. SUB-SURFACE MONITORING. Prior to issuance of any tree removal, grading, demolition,
and/or building permits or activities, the applicant shall notify the Director of Planning, of
grading and construction dates and activities that require a qualified archeologist and
Native American monitor to be present on the project site. The City shall then notify the
tribe via e-mail correspondence 10 days prior to any grading or construction activities. If the
tribe chooses not to send a monitor or does not respond within the 10 days, work shall
continue without the monitor.
11. ARCHEOLOGICAL AND CULTURAL MONITORING. A qualified archaeologist and a Native
American monitor, registered with the Native American Heritage Commission for the City of
Palo Alto and that is traditionally and culturally affiliated with the geographic area as
described in Public Resources Code Section 21080.3, shall be present during earthmoving
activities including, trenching, initial or full grading, scraping or blading, lifting of
foundation, boring, drilling, or major landscaping. The qualified archaeologist and Native
American monitor shall have the authority to halt construction activities within 50 feet of a
discovery in the event any cultural materials are encountered during ground-disturbing
construction activities. The qualified archeologist and Native American monitor shall keep a
daily monitoring log on days that monitoring occurs documenting construction activities
that were monitored, location of the monitoring, and any cultural materials identified.
These daily monitoring logs shall be made available to the City upon request.
12. ARCHEOLOGICAL AND CULTURAL TREATMENT PLAN. In the event any significant cultural
materials are encountered during construction, construction within a radius of 50 feet of
the find would be halted, the Director of Planning shall be notified, and the on-site qualified
archaeologist, in collaboration with the Native American Monitor, shall examine the find
and make appropriate recommendations regarding the significance of the find and the
appropriate treatment of the resource.
The qualified archeologist in collaboration with a Native American monitor, registered with
the Native American Heritage Commission for the City of Palo Alto and that is traditionally
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and culturally affiliated with the geographic area as described in Public Resources Code
Section 21080.3, shall prepare and implement a treatment plan that reflects permit-level
detail pertaining to depths and locations of excavation activities. The treatment plan shall
contain, at a minimum:
1. Identification of the scope of work and range of subsurface effects (including
location map and development plan), including requirements for preliminary
field investigations.
2. Description of the environmental setting (past and present) and the
historic/prehistoric background of the parcel (potential range of what might be
found).
3. Monitoring schedules and individuals.
4. Development of research questions and goals to be addressed by the
investigation (what is significant vs. what is redundant information).
5. Detailed field strategy to record, recover, or avoid the finds and address research
goals.
6. Analytical methods.
7. Report structure and outline of document contents.
8. Disposition of the artifacts.
9. Security approaches or protocols for finds.
10. Appendices: all site records, correspondence, and consultation with Native
Americans, etc.
The treatment plan shall utilize data recovery methods to reduce impacts on subsurface
resources. The treatment plan must be reviewed and approved by the Director of Planning,
or the Director’s designee prior to implementation of the plan.
13. ARCHEOLOGICAL AND CULTURAL EVALUATION. The project applicant shall notify the
Director of Planning, Native American Monitor, and Archeological Monitor, of any finds
during grading or other construction activities. Any historic or prehistoric material identified
in the project area during excavation activities shall be evaluated for eligibility for listing in
the California Register of Historic Resources as determined by the California Office of
Historic Preservation. Data recovery methods may include, but are not limited to, backhoe
trenching, shovel test, hand augering, and hand-excavation. The techniques used for data
recovery shall follow the protocols identified in the approved treatment plan. Data recovery
shall include excavation and exposure of features, field documentation, and recordation. All
documentation and recordation shall be submitted to the Northwest Information Center,
and the Director of Planning.
14. UNANTICIPATED DISCOVERY OF BURIED ARCHEOLOGICAL AND TRIBAL CULTURAL
RESOURCES. If human remains are found, the State of California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the County Coroner has
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made a determination of origin and disposition pursuant to Public Resources Code Section
5097.98. In the event of an unanticipated discovery of human remains, the County Coroner
must be notified immediately. If the human remains are determined to be of Native
American origin, the Coroner will notify the Native American Heritage Commission, which
will determine and notify a most likely descendant (MLD). The MLD has 48 hours from being
granted site access to make recommendations for the disposition of the remains. If the MLD
does not make recommendations within 48 hours, the landowner shall reinter the remains
in an area of the property secure from subsequent disturbance.
15. The project shall be revised to comply with the applicable CalGreen requirements, including
but not limited to meeting Electric vehicle and bicycle parking requirements.
16. In accordance with Mitigation measure Air 2a of the Comprehensive Plan EIR, these BMPs
shall be implemented during all demolition, grading, and construction activities to reduce
construction-related particulate emissions:
1. Exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day or covered.
2. Haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
3. Visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
4. Vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
5. Roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Chapter13, Section 2485 of California
Code of Regulations [CCR]). Clear signage explaining this rule shall be provided
for construction workers at all access points.
7. Construction equipment shall be maintained and properly tuned in accordance
with the manufacturer’s specifications. Equipment shall be checked by a
certified mechanic and determined to be running in proper condition prior to
operation.
8. A publicly visible sign shall be posted with the telephone number and name of an
individual working for the construction contractor who can be contacted
regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The BAAQMD’s phone number shall also be visible to ensure
compliance with applicable regulations.
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17. NOISE MITIGATION IN CONFORMANCE WITH COMPREHENSIVE PLAN POLICY N6.11.1 AND
MITIGATION MEASURE NOISE-8 IN THE COMPREHENSIVE PLAN EIR. Noise control measures
would include, but not be limited to, the following BMPs that would further decrease the
project’s noise impacts during construction:
The contractor shall use “new technology” power construction equipment with
state-of-the art noise shielding and muffling devices. All internal combustion engines
used on the project site shall be equipped with adequate mufflers and shall be in
good mechanical condition to minimize noise created by faulty or poorly maintained
engines or other components.
The unnecessary idling of internal combustion engines shall be prohibited.
Staging areas and stationary noise-generating equipment shall be located as far as
possible from noise-sensitive receptors such as residential uses (a minimum of 200
feet)
The surrounding neighborhood shall be notified early and frequently of the
construction activities.
A “noise disturbance coordinator” shall be designated to respond to any local
complaints about construction noise. The disturbance coordinator would determine
the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.)
and institute reasonable measures warranted to correct the problem. A telephone
number for the disturbance coordinator would be conspicuously posted at the
construction site.
Utilize ‘quiet’ models of air compressors and other stationary noise sources where
technology exists.
Equip all internal combustion engine-driven equipment with mufflers, which are in
good condition and appropriate for the equipment.
Construct temporary noise barriers, where feasible, to screen stationary noise-
generating equipment when located within 200 feet of adjoining sensitive land uses.
Temporary noise barrier fences would provide a 5dBA noise reduction if the noise
barrier interrupts the line of- sight between the noise source and receptor and if the
barrier is constructed in a manner that eliminates any cracks or gaps.
If stationary noise-generating equipment must be located near receptors, adequate
muffling (with enclosures where feasible and appropriate) shall be used. Any
enclosure openings or venting shall face away from sensitive receptors.
Ensure that generators, compressors, and pumps are housed in acoustical
enclosures.
Locate cranes as far from adjoining noise-sensitive receptors as possible.
During final grading, substitute graders for bulldozers, where feasible. Wheeled
heavy equipment are quieter than track equipment and should be used where
feasible.
Substitute nail guns for manual hammering, where feasible.
Substitute electrically powered tools for noisier pneumatic tools, where feasible.
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Prior to building permit issuance the contractor shall prepare a detailed construction
plan identifying the schedule for major noise-generating construction activities. The
construction plan shall identify a procedure for coordination with adjacent
residential land uses so that construction activities can be scheduled to minimize
noise disturbance.
18. NOISE MITIGATION IN CONFORMANCE WITH COMPREHENSIVE POLICY N6.11.1 AND
MITIGATION MEASURE NOISE-5a IN THE COMPREHENSIVE PLAN EIR. The project proponent
shall implement a construction vibration monitoring plan to document conditions prior to,
during, and after vibration generating construction activities for the adjacent residential
uses. All plan tasks shall be undertaken under the direction of a licensed Professional
Structural Engineer in the State of California and be in accordance with industry-accepted
standard methods. The construction vibration monitoring plan shall be submitted to the
City prior to issuance of a Grading or Building Permit and shall include, but not be limited to,
the following measures:
The report shall include a description of measurement methods, equipment used,
calibration certificates, and graphics as required to clearly identify vibration-
monitoring locations.
A list of all heavy construction equipment to be used for this project and the
anticipated time duration of using the equipment that is known to produce high
vibration levels (clam shovel drops, vibratory rollers, hoe rams, large bulldozers,
caisson drillings, loaded trucks, jackhammers, etc.) shall be submitted to the Director
of Planning and Development Services or Director’s designee of the Department of
Planning & Development by the contractor. This list shall be used to identify
equipment and activities that could exceed the 0.3 PPV threshold at the adjacent
residential uses based on the planned equipment, location, and duration of use.
Where project construction activities may be anticipated to exceed the threshold,
the applicant shall provide a plan to show how levels would be reduced by phasing
activities that are known to cause excessive vibration, utilizing alternative
equipment, and/or reducing the time period that the equipment is being used.
Where possible, use of the heavy vibration-generating construction equipment shall
be prohibited within 20 feet of the adjacent residential uses.
o Smaller equipment (less than 18,000 pounds) must be used near the
property lines adjacent to the existing residential uses to minimize vibration
levels to 0.3 in/sec PPV or less. For example, a smaller vibratory roller similar
to a Caterpillar model CP433E vibratory compactor could be used when
compacting materials within 20 feet of the adjacent residential buildings. The
smaller equipment intended to implement this requirement shall be
individually identified among the list of equipment required under the above
condition as the subset of equipment allowed for use at the property lines.
o Avoid using vibratory rollers and clam shovel drops within 20 feet of the
adjacent residential uses.
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o Select demolition methods that do not involve large impact tools such as
hoe-rams within 20 feet of the eastern property line. Portable jackhammers,
saws, or grinders shall be used to minimize impacts to the ground.
o Avoid dropping heavy equipment and use alternative methods for breaking
up existing pavement, such as a pavement grinder, instead of dropping heavy
objects, within 20 feet of the adjacent residential uses.
• Develop a vibration monitoring and construction contingency plan to identify
structures where monitoring would be conducted, set up a vibration monitoring
schedule, define structure-specific vibration limits, and address the need to conduct
photo, elevation, and crack surveys to document before and after construction
conditions. Construction contingencies shall be identified for when vibration levels
approach the limits of 0.3 in/sec PPV at the adjacent residential buildings.
• At a minimum, vibration monitoring shall be conducted during demolition and
excavation activities.
• Designate a person responsible for registering and investigating claims of excessive
vibration. The contact information of such person shall be clearly posted on the
construction site.
Conduct a post-construction survey on structures where either monitoring has
indicated high vibration levels or complaints of damage has been made. Make
appropriate repairs or compensation where damage has occurred as a result of
construction activities.
19. OPEN AIR LOUDSPEAKERS (AMPLIFIED MUSIC). In accordance with PAMC Section 9.12, no
amplified music shall be used for producing sound in or upon any open area, to which the
public has access, between the hours of 11:00pm and one hour after sunrise. In addition, all
rooftop gardens/decks shall comply with the provisions of PAMC 18.42.230.
20. NOISE THRESHOLDS ON RESIDENTIAL PROPERTY. In accordance with PAMC Section
9.10.030, No person shall produce, suffer or allow to be produced by any machine, animal
or device, or any combination of same, on residential property, a noise level more than six
dB above the local ambient at any point outside of the property plane. At building permit,
provide the proposed HVAC specifications. If the proposed decibel level of the HVAC
exceeds the decibel level of the HVAC evaluated in the CEQA analysis, a noise analysis of the
proposed equipment’s consistency with the municipal code shall be required.
21.NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis submitted at building
permit for noise producing equipment projects noise levels at or within 5 dB less than the
Noise Ordinance limits, the applicant shall demonstrate the installed equipment complies
with the anticipated noise levels and the Noise Ordinance prior to final Planning inspection
approval.
22. SIGN APPROVAL NEEDED. No signs are approved at this time. All signs shall conform to the
requirements of Title 16.20 of the Palo Alto Municipal Code (Sign Code) and shall be subject to
approval by the Director of Planning.
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23. TRASH ROOM. The trash room shall be used solely for the temporary storage of refuse and
recycling that is disposed on a regular basis and shall be closed and locked during non-
business hours.
24. UTILITY LOCATIONS. In no case shall utilities be placed in a location that requires equipment
and/or bollards to encroach into a required parking space. In no case shall a pipeline or
water and wastewater services/laterals/meters be placed within 10 feet of a proposed tree
and/or tree designated to remain, or within 5 feet where root barrier protection is installed,
unless otherwise approved by urban forestry and waste-gas-water.
25. ESTIMATED IMPACT FEE. Development Impact Fees, currently estimated in the amount of
$10,029,295.09 shall be paid in accordance with PAMC Chapter 16.64. The final
Development Impact Fees shall be calculated before they are due, and payment may be
deferred to the date the development is approved for occupancy as set forth in PAMC
Section 16.64.030 and as permitted by SB 937.
26. IMPACT FEE 90-DAY PROTEST PERIOD. California Government Code Section 66020 provides
that a project applicant who desires to protest the fees, dedications, reservations, or other
exactions imposed on a development project must initiate the protest at the time the
development project is approved or conditionally approved or within ninety (90) days after
the date that fees, dedications, reservations or exactions are imposed on the
Project. Additionally, procedural requirements for protesting these development fees,
dedications, reservations and exactions are set forth in Government Code Section 66020. IF
YOU FAIL TO INITIATE A PROTEST WITHIN THE 90-DAY PERIOD OR FOLLOW THE PROTEST
PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED
FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS,
RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes,
assessments, dedications, reservations, or other exactions as specified in Government Code
Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice,
the 90-day period has begun in which you may protest these requirements. This matter is
subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which
judicial review must be sought is governed by CCP Section 1094.6.
27. 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.
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28. FINAL INSPECTION. A Planning Division Final inspection will be required to determine
substantial compliance with the approved plans prior to the scheduling of a Building Division
final. Any revisions during the building process must be approved by Planning. Contact your
Project Planner, Steven Switzer at Steven.Switzer@PaloAlto.gov to schedule this inspection.
Public Art
Building Division
Transportation
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1. Evaluate project ingress and egress operations, including driveway functionality
and queuing;
2. Analyze intersection operations and impacts at the Curtner Avenue / El Camino
Real intersection, considering the existing “No Right Turn on Red” restrictions;
3. Evaluate potential impacts to the suggested safe routes to school along Curtner
Avenue with respect to multimodal access; and
4. Identify and recommend improvements as necessary, subject to City approval.
34. OFF SITE IMPROVEMENTS: Off-site improvement plans shall be submitted to the Office of
Transportation for review and approval. These improvements shall incorporate all
recommendations identified in the transportation analysis prepared for the project. Off-site
improvements include, but are not limited to, design modifications that support on site
circulation and prevent queuing or other operational deficiencies within the public right of
way. Any proposed modifications to the public right of way shall be evaluated to ensure
they can be safely accommodated given existing lane geometry.
35. TRANSPORTATION DEMAND MANAGEMENT (TDM): The applicant shall prepare and submit
a final TDM Plan consistent with the Comprehensive Plan policies for the El Camino Real
corridor and that demonstrates a minimum 30 percent reduction in project generated
vehicle trips. The plan shall identify parking and trip reduction measures, include trip targets
and a monitoring and enforcement mechanism, and designate the responsible entity for
implementation.
All approved TDM measures shall be maintained for the life of the project. Monitoring
reports shall be submitted two years after occupancy and annually thereafter. If
performance targets are not met, the applicant shall implement modifications as required
by the Director. Failure to correct deficiencies may result in administrative penalties or
other enforcement actions consistent with the Municipal Code.
36. BICYCLE PARKING: In accordance with California Green Building Standards Code
(CALGreen), the project shall provide one on-site short term bicycle parking space per
10,000 square feet. Short term bicycle parking spaces shall be located within 200 feet of
building entrances and readily visible to passers-by.
37. LOADING ZONES: No project dedicated loading space shall be located within the public
right of way. The project shall maintain at minimum one, on-site loading space.
38. CONSISTENCY WITH CALTRANS SR-82 IMPROVEMENTS: All off-site improvements shall be
consistent with the recently completed Caltrans SR 82 (El Camino Real) improvements,
including existing “No Parking” signage along El Camino Real. Any temporary alterations to
bike lane enhancements shall be restored to existing conditions upon completion of the
project.
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39. BUS SHELTER COORDINATION: Potential impacts to the existing VTA bus shelter at the
intersection of Curtner Avenue and El Camino Real shall be reviewed and approved
through VTA’s development review process. The applicant shall comply with all
requirements issued by the transit authority.
Public Works Zero Waste
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46. On the plans submitted for building permit provide cut-sheets for the color-coded internal
and external containers, related color-coded millwork, and its colored signage in the
building plans. Trash chutes must have colored doors with colored signage that complies
with PAMC 5.20.18 requirements.
47. All indoor and outdoor common spaces are required to comply with the following: As per
Palo Alto Municipal Code 5.20.108 the site is required to have color-coded refuse
containers, related color-coded millwork, and colored signage. The three refuse containers
shall include recycle (blue container), compost (green container), and garbage (black
container). Applicant shall present on the plan submitted for building permit the locations
and quantity of both (any) internal and external refuse containers, its millwork, along with
the signage. However, for the copy/ mail area must have either a recycle bin only or all
three refuse receptacles (green compost, blue recycle, and black landfill container). Please
refer to PAMC 5.20.108 and the Internal Container Guide. Examples of appropriate signage
can be found in the Managing Zero Waste at Your Business Guide. Electronic copies of
these signage can be found on the Zero Waste Palo Alto’s website,
https://www.paloalto.gov/Departments/Public-Works/Zero-Waste/What-Goes-
Where/Toolkit#section-2 and hard copies can be requested from the waste hauler,
Greenwaste of Palo Alto, (650) 493-4894.
Public Works Engineering
48. 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-Services/Forms-
and-Permits
49. MODIFICATIONS TO PLANS: Approval of these plans does not include approval of a vesting
tentative map. The civil sheets shall be updated accordingly to reflect this or a separate
subdivision map application shall be filed. A tentative map is not required for the proposed
development; however, a lot merger is required.
50. LOT MERGER REVIEW: The City contracts with a third-party surveyor that will review and
provide approval of the lot merger’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 lot merger.
51. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department
of Public Works for all public improvements.
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52. SPECIAL STREET LIGHT: This project is located within an area designated to have special
streetlights as shown in the Special Street Light Style Placement Guide. Any new or replaced
streetlights shall be installed to the standards adopted by the Public Works Department and
Utility Department. https://www.paloalto.gov/files/assets/public/v/1/planning-amp-
development-services/current-planning/pw-style-placement-guide-2020.pdf
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59. GRADING AND EXCAVATION PERMIT: A Grading Permit is required per PAMC Chapter 16.28.
The permit application and all applicable documents (see Section H of application) shall be
submitted to Public Works Engineering. Add the following note: “THIS GRADING PERMIT
WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN
SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE
INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL.”
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activity. A Notice of Intent (NOI) shall be filed for this project with the SWRCB in order to
obtain coverage under the permit. The General Permit requires the applicant to prepare
and implement a Storm Water Pollution Prevention Plan (SWPPP). The applicant is required
to submit two copies of the NOI and the draft SWPPP to the Public Works Department for
review and approval prior to issuance of the building permit. The SWPPP should include
both permanent, post-development project design features and temporary measures
employed during construction.
65. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall
obtain an encroachment permit from the Public Works Department for any work that
encroaches onto the City right-of-way.
66. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to
the public including, at a minimum: work hours, noticing of affected businesses, bus stop
relocations, construction signage, dust control, noise control, storm water pollution
prevention, job trailer, contractors’ parking, truck routes, staging, concrete pours, crane
lifts, scaffolding, materials storage, pedestrian safety, safe routes to school and mitigation
of construction impacts on Curtner Avenue, and traffic control. All truck routes shall
conform to the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the
route map. The logistics plan shall be reviewed and approved by Public Works Department,
who shall consult with the City's Chief Transportation Official and the Director of Planning
and Development Services prior to approval. NOTE: Some items/tasks on the logistics plan
may require an encroachment permit.
67. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the
“Pollution Prevention – It’s Part of the Plan” sheet.
68. C.3 THIRD-PARTY CERTIFICATION: Applicant shall provide certification from a qualified third-
party reviewer that the proposed permanent storm water pollution prevention measures
comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11.
Submit the following:
a. Provide a stamped and signed C.3 data form (April 2024 version) from
SCVURPPP. https://scvurppp.org/2024/09/19/provision-c-3-data-form-2024/
b. Final stamped and signed letter confirming which documents were reviewed and
that the project complies with Provision C.3 and PAMC 16.11.
69 C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance
Agreement with the City to guarantee the ongoing maintenance of the permanent storm
water pollution prevention measures. The City will inspect the treatment measures yearly
and charge an inspection fee. The agreement shall be executed by the applicant team prior
to building permit final.
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70 C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the
installation of the required storm water treatment measures and prior to the issuance of
an occupancy permit for the building, the third-party reviewer shall submit to the City a
certification verifying that all the permanent storm water pollution prevention measures
were installed in accordance with the approved plans.
71 PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire
project frontage, curb-to-curb, by performing a 3.5” grind and overlay. The exact
restoration limits will be determined once the resulting road condition is known following
completion of heavy construction activities and utility lateral installations, at minimum the
extent will be the project frontage on Curtner Avenue. The extent of restoration required
on El Camino Real shall be determined by the Public Works Department following
completion of heavy construction activities and utility lateral installations
72 IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or
more of impervious surface. Accordingly, the applicant shall provide calculations of the
existing and proposed impervious surface areas with the building permit application. The
Impervious Area Worksheet for Land Developments form and instructions are available at
the Development Center or on our website. To determine the impervious surface area that
is being disturbed, provide the quantity on the site plan.
73 OUTSIDE AGENCY APPROVAL: A portion of the proposed work is within Caltrans right-of-
way. Evidence of Caltrans approval shall be submitted prior to issuance of City permits.
74 PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO): The applicant is
required to paint “No Dumping/Flows to Barron Creek” in blue on a white background
adjacent to all onsite storm drain inlets. The name of the creek to which the proposed
development drains can be obtained from Public Works Engineering. Stencils of the logo
are available from the Public Works Environmental Compliance Division, which may be
contacted at (650) 329-2598. Include the instruction to paint the logos on the construction
grading and drainage plan.
75 PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (RECORD DRAWINGS): At the conclusion of
the project applicant shall provide digital as-built/record drawings of all improvements
constructed in the public right-of-way or easements in which the City owns an interest.
Urban Forestry
76. Post building permit issuance all protected trees are subject to a 14-day public notice prior
to their removal.
77. URBAN FORESTRY GENERAL: The following general tree preservation measures apply to all
trees to be retained: No storage of material, topsoil, vehicles or equipment shall be
permitted within the Tree Protection Zone (TPZ). The ground under and around the tree
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canopy area shall not be altered. No waste material or construction byproducts are
allowed within the TPZ. Trees to be retained shall be irrigated, aerated, and maintained as
necessary to ensure survival.
78. TREE DAMAGE: Tree Damage, Injury Mitigation, and Inspections apply to the Contractor.
Reporting, injury mitigation measures, and arborist inspection schedule may apply
pursuant to TLTM, Section 5.03.6. Contractor shall be responsible for the repair or
replacement of any publicly owned or protected trees that are damaged during the course
of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and City of Palo Alto
Tree and Landscape Technical Manual, Section 3.02.
79. TPZ EXCAVATION RESTRICTIONS APPLY - TLTM, Sec. 3.03.6 - B5,6: Any approved grading,
digging, potholing, or trenching within the TPZ of a protected tree shall be performed using
‘air-spade’ method as a preference, with manual hand shovel as a backup. (TPZ= 10x the
tree diameter at 54" above grade) For utility trenching, including sewer line, roots exposed
with a diameter of 2 inches and greater shall remain intact and not be damaged. If
directional boring method is used to tunnel beneath roots, then CPA Standard Detail #504
shall be printed on the final plans and the buffer distances in TLTM Table 3-4,Trenching
and Tunneling Distance, shall be implemented by Contractor. Contractor must notify the
Urban Forestry Section at (650) 496-5953 in advance of conducting any approved
excavation within 10-feet of any street trees (or for any protected tree on EVSE projects).
Urban Forestry may choose to monitor or review the work for compliance with the City’s
Tree Protection Zone (TPZ) excavation standards.
80. TREE PROTECTION COMPLIANCE: The owner and contractor shall implement all protection
and inspection schedule measures, design recommendations, and construction scheduling
as stated in the Tree Preservation Report and/or T-1 Sheet Set and is subject to code
compliance action pursuant to PAMC 8.10.080. The required protective fencing shall
remain in place until the final landscaping or Urban Forestry inspection of the project is
completed.
81. NO NET LOSS OF CANOPY: In order to comply with the City’s no net loss of canopy policy
(PAMC 8.10.055; Urban Forest Master Plan Goals 6.A, 6.B, & 6.C; Comprehensive Plan,
Natural Environment Chapter Goal N-2) all trees 4 inches DBH and larger are subject to
replacement to avoid a loss of canopy at the neighborhood level. Replacement ratios are
determined by table 3-1 in the Tree and Landscape Technical Manual, Section 3.02. New
landscape tree plantings (24 inch box or larger) count towards the replacement total.
Screening trees may also count toward the total depending on size and species selected. If
unable to plant the required number of trees on site (our preferred solution) there is the
option of paying in-lieu fees per each 24 inch box tree into the forestry fund. [Note: A
replacement at ratio of 1:1 for trees listed as exempt species under PAMC 8.10.020 is
recommended. Exempt trees may require full replacement on parcels zoned other than R1,
RE, R-2, or RMD].
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82. PLAN CHANGES: Revisions and/or changes to plans before or during construction shall be
reviewed and responded to by the (a) project site arborist, or (b) landscape architect with
written letter of acceptance before submitting the revision to Planning and Development
Services Department for review by Planning, Public Works, or Urban Forestry.
83. PLAN SET REQUIREMENTS: The final Plans submitted for a building permit shall include the
location, DBH, canopy drip-line, and TPZ of all trees 4 inches DBH or greater as well as the
following information and notes on relevant plan sheets:
a. T-1 SHEET SET, The building permit plan set will include the City’s full-sized, T-1
Sheet Set (Tree Protection-it's Part of the Plan!), available on the Development
Center website. A certified arborist shall complete and sign the Tree Disclosure
Statement.
b. TREE PRESERVATION REPORT (TPR), if indicated by Tree Disclosure Statement, All
sheets of the Applicant’s TPR approved by the City for full implementation by
Contractor, shall be printed on numbered T-1 Sheets (T-3, T-4, etc.) and added to
the sheet index.
c. TREE PROTECTION FENCING, The Plan Set (esp. site, demolition, grading &
drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must
delineate/show the correct configuration of Type I, Type II or Type III fencing
around each Protected Tree, using a bold dashed line enclosing the Tree
Protection Zone (CPA Standard Detail #605).
Fire
84. Install a NFPA 13 Fire Sprinkler System, NFPA 14 Standpipe System, NFPA 20 fire pump,
NFPA 24 Fire Underground Service, NFPA 72 voice notification fire alarm system,
Emergency Responder Radio Communication System and 2-way Communication
System.
85. Fire sprinkler density for parking garage shall be Extra Hazard Group 2. Fire sprinkler for
residential area shall be Light Hazard .1gpm/1500 sq ft. Provide Ordinary Hazard 2 fire
sprinkler density in bike storage room.
86. Knox Remote Power Boxes are required for the main electrical disconnect, secondary
electrical power source disconnects and 100% garage exhaust activation.
87. PAFD Hazmat site closure permit required.
88. Garage will require a manually activated smoke exhaust system for the removal of
smoke/toxic fumes in the event of vehicle fires.
89. Do not install elevator shunt trip circuit breaker. Follow 2025 CBC section 3005.4.1 and
install smoke detector in elevator machine room.
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90. Install an electrical disconnect switch (EPO) for EVCE’s.
91. Install Knox key switch for Fire Department access through garage vehicle security
barriers.
Overhead utilities crossing Curtner Ave shall be placed underground.
Watershed Protection
The following comments are provided as a courtesy and these conditions of approval must be
complied with before receiving a Demolition Permit for this project:
92. NOTICE OF REGULATION OF PCB MATERIAL – EFFECTIVE JULY 1st, 2019: Please be
advised that requirements regarding stormwater control during building demolition for
polychlorinated biphenyls (PCBs) became effective starting July 1st, 2019, in accordance
with the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP),
Order No. R2-2015-0049. MRP Provision C.12.f. requires that San Francisco Bay Area
municipalities develop a program to ensure that PCBs from building materials (e.g.
caulk, paint, mastic) do not enter the storm drain system during building demolition.
Palo Alto City Council adopted the PCBs regulation in May 2019. For specific questions
about your project, please email CleanBay@cityofpaloalto.org, call 650-329-2122 or visit
http://www.cityofpaloalto.org/pcbdemoprogram.
93. If the project is submitting a demolition permit application on or after July 1st, 2019, the
applicant shall complete and submit the “PCBs Applicant Package,” including any
required sampling reports (per the Applicant Package instructions), with the demolition
permit application. The PCBs Application Package and other resources are outlined at
http://www.cityofpaloalto.org/pcbdemoprogram. The Applicant Package will outline
PCBs sampling and reporting requirements that must be met if the project meets ALL of
the following conditions:
a. The project is a commercial, public, institutional, or industrial structure
constructed or remodeled between January 1, 1950 and December 31, 1980.
Single-family and two-family homes are exempt regardless of age.
b. The framing of the building contains material other than wood. Wood-frame
structures are exempt.
c. The proposed demolition is a complete demolition of the building. Partial
demolitions do not apply to the requirements.
94. If the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the
“PCBs Applicant Package,” then the project shall conduct representative sampling of
PCBs concentration in accordance with the “Protocol for Evaluating Priority PCBs-
Containing Materials before Building Demolition (2018).”
If the representative sample results or records DO NOT indicate PCB
concentrations ≥50 ppm in one or more “priority materials,” then the screening
assessment is complete. Applicant submits screening form and the supporting
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sampling documentation with the demolition permit application. No additional
action is required.
If the representative sample results or records DO indicate PCBs concentrations
≥50 ppm in one or more “priority materials,” then the screening assessment is
complete, but the Applicant MUST also contact applicable State and Federal
Agencies to meet further requirements. Applicant submits screening form and
the supporting sampling documentation with the demolition permit application,
and also must contact the State and Federal Agencies as indicated on Page 3 of
the “PCBs Screening Assessment Form.”
IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO
BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs
ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE
PROCESS CAN TAKE BETWEEN 1-3 MONTHS.
95. Requirement for oil-water separator in interior parking garage floor drains: If installed,
parking garage floor drains on interior levels shall be connected to an oil-water
separator prior to discharging to the sanitary sewer system. The oil-water separator
shall be cleaned at a frequency of at least once every twelve (12) months or more
frequently if recommended by the manufacturer or required by the Director.
Installation, certification, and maintenance records shall be maintained and made
available for inspection and copying as described in Section 16.09.155 of this Chapter.
Oil-water separators shall have a minimum capacity of 100 gallons (PAMC
16.09.165(a)(8) and 16.09.170(a)(5)).
96. Exemption for requirements below: This requirement can be exempted if no washing is
allowed on-site via rental/lease agreement, any hose bibs are to be fitted with lock-outs
or other connection controls, and signage is posted indicating that car washing is not
allowed (PAMC 16.09.170(a)(6)).
a. Requirement for an oil-water separator for carwash area: A drain shall be
installed to capture all vehicle wash waters and shall be connected to an oil-
water separator prior to discharge to the sanitary sewer system. The oil-water
separator shall be cleaned at a frequency of at least once every
twelve(12)months or more frequently if recommended by the manufacturer or
required by the Director. Oil-water separators shall have a minimum capacity
of100 gallons.
b. Requirement for bermed area around carwash: The area shall be graded or
bermed in such a manner as to prevent the discharge of stormwater to the
sanitary sewer system
97. Discharge drains for pools, spas, and fountains shall not be connected directly to the
storm drain system or to the sanitary sewer system (PAMC 16.09.165(a)(7) and
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16.09.170(a)(4)).
Electrical Utilities
98. Ensure proposed location of transformers and switches have adequate space. Refer to
CPAU drawings DT-SS-C-1005 for typical sizes of transformer pads, CPAU drawings DT-
SS-U-1026 for typical sizes of switch pads, CPAU drawing DT-CL-U-1031 for pad mount
clearance requirements. Please note that requests for account closures will be needed
before electric facilities are removed for identified existing overhead and underground
electric services.
Water-Gas-Wastewater Utilities
The following comments are required to be addressed prior to any future related permit
application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance,
Street Work Permit, Encroachment Permit, etc. These comments are provided as a courtesy
and are not required to be addressed prior to the Planning entitlement approval:
99. The applicant is to submit flow monitoring data for the sewer connection utility impact
study. The study must include, but not be limited to: flow rate data, depth of flow
associated with the flow rate data, and a summary of the minimum and maximum flow
rates for each flow monitor installed for a minimum monitoring period of fourteen (14)
continuous days.
i. Flow monitoring is to be performed downstream of the proposed
connection point. No downstream overloading of the existing sewer main
will be permitted. In addition, depending on the development size, the
city may require the developer's architect/engineer to perform flow
monitoring upstream of the proposed tie-in locations to quantify the
impact of the new flows on the nearby and downstream sanitary sewer
mains. The need for upstream flow monitoring will be developed on a
case-by-case basis.
ii. Following the APPROVED Study, should sewer main improvements be
required, the developer shall prepare all construction plans and obtain all
permits, and cover all costs necessary for upsizing, upgrading, or
otherwise improving the public wastewater sewer system and public
infrastructure to meet the proposed project's needs. The developer shall
not be responsible for any marginal increase in cost associated with
excess capacity requested by the City.
iii. In the event that the construction plans for permitting deviate from the
preliminary plans associated with the flow monitoring report, the
developer’s engineer needs to submit an updated flow monitoring report
to confirm development changes, changes in proposed flows, and the
impact on any required sewer main with identified updates and/or
changes to the required downstream sewer main improvements. Final
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approval of constructed improvements by CPAU is required for the completed
installation. CPAU reserves the right to solicit an additional study in the event of
modifications to the development scope.
PRIOR TO ISSUANCE OF DEMOLITION PERMIT (if required)
100. The applicant shall submit a request to disconnect utility services and remove
gas meters. The utilities demo is to be processed within 10 working days after receipt
of the request. The demolition permit will be issued by the building inspection division
after all utility services and/or meters have been disconnected and removed.
FOR BUILDING PERMIT
93. The applicant shall submit a completed water-gas-wastewater service connection
application - load sheet for the City of Palo Alto Utilities. The applicant must provide
all the information requested for utility service demands (water in fixture units/g.p.m.,
gas in b.t.u.h, and sewer in fixture units/g.p.d.). The applicant shall provide the
existing (prior) loads, the new loads, and the combined/total loads (the new loads plus
any existing loads to remain).
94. The applicant shall submit improvement plans for utility construction. The plans must
show the size and location of all underground utilities within the development and the
public right of way including meters, backflow preventers, fire service requirements,
sewer mains, sewer cleanouts, sewer lift stations, and any other required utilities.
Plans for new wastewater laterals and mains need to include new wastewater pipe
profiles showing existing potentially conflicting utilities especially storm drain pipes,
electric and communication duct banks. Existing duct banks need to be daylighted by
potholing to the bottom of the duct bank to verify cross section prior to plan approval
and starting lateral installation. Plans for new storm drain mains and laterals need to
include profiles showing existing potential conflicts with sewer, water, and gas.
95. The applicant must show on the site plan the existence of any auxiliary water supply,
(i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc).
96. The applicant shall be responsible for installing and upgrading the existing utility mains
and/or services, laterals as necessary to handle anticipated peak loads. This
responsibility includes all costs associated with the design and construction for the
installation/upgrade of the utility mains and/or services/laterals. The
Developer’s financial responsibility for utility upgrades exceeding the impacts of the
development shall be limited to Developer’s fair share contribution, as
reasonably determined by the Utilities Department.
97. An approved reduced pressure principle assembly (RPPA backflow preventer device) is
required for all existing and new water connections from Palo Alto Utilities to comply
with requirements of California administrative code, title 17, sections 7583 through
7605 inclusive. The RPPA shall be installed on the owner's property and directly
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behind the water meter within 5 feet of the property line. RPPA's for domestic service
shall be lead free. Show the location of the RPPA on the plans.
An approved reduced pressure detector assembly (RPDA backflow preventer device,
STD. WD-12A or STD. WD-12B) is required for all existing and new fire water
connections from Palo Alto Utilities to comply with requirements of California
administrative code, title 17, sections 7583 through 7605 inclusive. The RPDA shall be
installed on the owner's property and directly behind the City owned meter, within 5'
(feet) of the property line or City Right of Way.
98. All backflow preventer devices shall be approved by the WGW engineering division.
Inspection by the city inspector is required for the supply pipe between the meter and
the assembly.
99. The applicant shall pay the capacity fees and connection fees associated with new
utility service/s or added demand on existing services. The approved relocation of
services, meters, hydrants, or other facilities will be performed at the cost of the
person/entity requesting the relocation.
100. If a new water service line installation for fire system usage is required. Show the
location of the new water service on the plans. The applicant shall provide to the
engineering department a copy of the plans for fire system including all fire
department's requirements.
101. Each unit or building shall have its own water meter shown on the plans. Each parcel
shall have its own water and sewer lateral connection shown on the plans.
102. A sewer lateral per lot is required. Show the location of the new sewer lateral on the
plans. A profile of the sewer lateral is required showing any possible conflicts with
storm, electric/communications ductbanks or other utilities.
103. All existing water, and gas. and wastewater services/laterals that will not be reused
shall be abandoned at the main per the latest WGW utilities standards by CPAU.
104. Utility vaults, transformers, utility cabinets, concrete bases, or other structures
cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1'
horizontal clear separation from the vault/cabinet/concrete base to existing utilities
as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases
shall be relocated from the plan location as needed to meet field conditions. Trees
may not be planted within 10 feet of existing water, gas, and wastewater
mains/laterals/water services/or meters. New water or wastewater
services/laterals/meters may not be installed within 10' of existing trees. Maintain
10' between new trees and new water and wastewater services/laterals/meters.
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105. The applicant shall provide to the WGW Utility Engineering department a copy of the
plans for fire system including all fire department's requirements prior to the actual
service installation.
106. All utility installations shall be in accordance with the City of Palo Alto utility
standards for water, gas, & wastewater.
SECTION 5. Term of Approval.
1. Architectural Review Application. In the event actual construction of the project is
not commenced within two years of the Effective Date, the approval shall expire and be
of no further force or effect. An extension may be granted in accordance with the
allowances set forth in the municipal code and state law.
INTRODUCED AND 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 titled “C7_3781 El Camino Real_PLANS.pdf” consisting of 76 pages, dated and
submitted March 17, 2026.
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ATTACHMENT C
3781 El Camino Real, 24PLN-00161
Table 1: COMPARISON WITH CHAPTER 18.14 (HOUSING INCENTIVES) EL CAMINO REAL FOCUS AREA
FOR CN DISTRICT (18.16) PARCELS
Mixed-use and Residential Development Standards
Regulation Required Proposed
Minimum Site Area, width and
depth
None No change
Minimum Front Yard
(El Camino Real)
0-10 feet to create an 8-12 foot
effective sidewalk width (1), (2), (8)
12 feet
Rear Yard None Not Applicable
Interior Side Yard None 10 feet
Street Side Yard (Curtner Avenue)20 feet (2)
5* ft (ECR Focus Area Allowance)
15 feet
Min. yard for lot lines abutting or
opposite residential districts or
residential PC districts
10 feet (2)Not Applicable
Build-to-lines 50% of frontage built to setback on
El Camino Real
33% of side street built to setback
on Curtner Avenue(7)
90% of frontage built to setbacks
Max. Site Coverage 50%
80%* (ECR Focus Area Allowance)
83%
Max. Building Height 25 ft and 2 stories
85* ft (ECR Focus Area Allowance)
82 ft
Max. Floor Area Ratio (FAR)0.5:1
4.0* (ECR Focus Area Allowance)
3.18:1 (88,112 sf of 27,665 sf lot
size)
Daylight Plane for lot lines abutting
one or more residential zone
districts
None (6)Complies (Abutting CN)
Minimum Usable Open Space 100 sf per unit (7,900 sf) (ECR Focus
Area Allowance)
25,756 sf
Max. Residential Density 122 DU/AC with 24.5% bonus
(Cal. Gov. Code 65589.5(h)(11)(C))
152 du/acre
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of
any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required
for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line..
(6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question.
(7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district.
(8) A 12 foot sidewalk width is required along El Camino Real frontage
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Table 2: COMPARISON WITH CHAPTER 18.14 (HOUSING INCENTIVES) EL CAMINO REAL FOCUS AREA
FOR RM-30 DISTRICT (18.13)
Regulation Required Proposed
Minimum/Maximum Site Area,
Width and Depth
8,500 sf area, 70 foot width, 100
foot depth
No Change
Minimum Front Yard
(Curtner Avenue)
(2) 20 feet 15 feet
Rear Yard 10 feet 10 feet
Interior Side Yard 6 feet 8-9 feet
Street Side Yard 16 feet Not Applicable
Setback from major roadways
[18.13.040(b)(1)(A)]
25 feet Not Applicable
Max. Building Height 35 feet
85* ft (ECR Focus Area Allowance)
82 feet
Side Yard Daylight Plane None Not Applicable
Rear Yard Daylight Plane None Not Applicable
Max. Site Coverage 40%
80% (ECR Focus Area Allowance)
83%
Max. Residential Density 122 DU/AC with 24.5% bonus
(Cal. Gov. Code 65589.5(h)(11)(C))
152 du/acre
Max. Total Floor Area Ratio 0.6:1
4.0* (ECR Focus Area Allowance)
3.26:1 (115,100 sf of 35,360 sf lot
size)
Minimum Site Open Space 30% 17%
Minimum Usable Open Space 150 sf per unit (15,600 sf)
100 sf per unit (10,400 sf) (ECR Focus
Area Allowance)
25,756 sf
Minimum Common Open Space 75 sf per unit (7,800 sf)4,285 sf
Minimum Private Open Space 50 sf per unit (5,200 sf)7,152 sf
Table 5: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading)
for Multiple Family Residential*
Type Required Proposed
Vehicle Parking 1 per unit (183 units) = 183 spaces
(ECR Focus Area Allowance)
215 spaces (36 tandem)
Bicycle Parking 1 per unit long term (183)
1 per 10 units short term (18)
144 long term
4 short term
Loading Space 1 required for more than 50 units 0 provided
City of Palo Alto - Objective Design Standards Checklist
Page 1
Objective Design Standards Checklist
The Objective Design Standards Checklist is a tool to evaluate a project’s compliance with the Zoning Ordinance (Chapter 18.24). The Checklist is
not the Zoning Ordinance. Applicants shall be responsible for meeting the standards in the Zoning Ordinance. To simplify evaluation of the
Zoning Ordinance, language in the Checklist may vary from the Zoning Ordinance. (Note: sf = square feet)
If a standard is not applicable to applicant’s project, please write N/A in Applicant’s Justification column.
18.24.020 Public Realm/Sidewalk Character
Check Standard Sheet #Notes
(b)(1) Sidewalk Widths
(A) In the following districts, public sidewalk width (curb to back of walk) is at least:
Commercial Mixed-Use District: CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD: 10 ft
El Camino Real: 12 ft
San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft
And consists of:
AP1.00
Complies.
4 feet 2 inches foot Public
Access Easement on El Camino
Real – to create an effective 12-
foot sidewalk
Pedestrian clear path width of 8 foot minimum: 12 feet
☐
Landscape or furniture area width of 2 foot minimum: 4 feet
☐
If the existing public sidewalk does not meet the minimum standard, a
publicly accessible extension of the sidewalk, with corresponding public
access easement, shall be provided.
☐
(B) Public sidewalks or walkways connecting through a development parcel (e.g. on a
through lot with a public access easement, leading to a commercial entry) must
be at least 6 feet wide.
(C) The width of walkways designed to provide bicycle access (e.g. pathway to bike
racks/lockers) must be at least 12 feet wide, consisting of: AP1.00
Complies.
4 feet 2 inches foot Public
Access Easement on El Camino
Real – to create an effective 12-
foot sidewalk
☒
Pedestrian clear path width (8 feet min.): 8 ft
City of Palo Alto - Objective Design Standards Checklist
Page 2
Clear space/buffer – (2 feet min. on each side of path, ground cover is
allowed): 4 feet and 6.5 feet
Check Standard Sheet #Applicant’s Justification
(B)(2) Street Trees
1. One street tree provided for every 30 linear feet of public sidewalk length and
located within six feet of the sidewalk. L1
Does not comply. While the
project proposes 5 new street
trees with the existing 4 trees, it
does not meet the required 16
trees.
a. Length of parcel frontage/public sidewalk length: 190 ft (El Camino
Real); 270 ft (Curtner Ave)
b. Street Trees required (i.e. frontage/30 feet): 6 Trees (El Camino Real);
9 trees (Curtner Ave) = 16 trees total
☒
c. Street Trees provided: 9 trees (4 existing + 5 new)
(B)(3) Accent Paving
Parcels abutting University Avenue between Alma Street and Webster include accent
paving along the project frontages, as indicated below: N/A
Brick paving at corners ☐
Brick trim mid-block
☐Parcel abutting California Avenue between El Camino Real and Park Blvd include
decorative glass accent paving along project frontages
(B)(4) Mobility Infrastructure
☒
(A) On-site micromobility infrastructure (e.g. bike racks/lockers) is located within
30 feet of the primary building entry and/or on a path leading to the primary
building entry; OR
AP1.00 Complies
Pi
c
k
O
n
e
☐Existing micromobility infrastructure (e.g. bike racks/lockers) is already
located within 50 feet of project site and located in a public right-of-way.
Pi
c
k
On
e ☒(B) Primary building entries shall provide at least one seating area or bench
within 30 feet of building entry and/or path leading to building entry. On AP2.01 Complies
City of Palo Alto - Objective Design Standards Checklist
Page 3
(A) arterials (see Map T-5), except Downtown, seating areas or benches
shall not be located between the sidewalk and the curb; OR
☐Existing seating areas or benches that are already located in the public right-of-way
within 50 feet of the building entry.
18.24.030 Site Access
Check Standard Sheet #Applicant’s Justification
(b)(1) Through Lot Connections
☐
Through lots located more than 300 feet from an intersecting street or pedestrian
walkway shall provide a publicly accessible sidewalk or pedestrian walkway (with
public access easements) connecting the two streets.
N/A
(b)(2) Building Entries
☒
Primary Building Entries shall be located from a public right-of-way. If there is no
public right-of-way adjacent to the building, entries shall be located from a private
street or Pedestrian Walkway.
AP1.00
AP2.01 Complies
(b)(3) Vehicle Access
☒(A) Vehicle access shall be located on alleys or side streets when they abut the
property.
AP1.00
AP2.01 Complies
☒
(B) Except for driveway access and short-term loading spaces (e.g. taxi), off-street
parking, off-street vehicle loading (delivery trucks), and vehicular circulation areas
are prohibited between the building and primary building frontage.
AP1.00
AP2.01 Complies
(b)(4) Loading Docks and Service Areas
Loading and service areas shall be integrated into building and landscape design and located to
minimize impact on the pedestrian experience as follows:
AP1.00
AP2.01 Complies
☐(A) Loading docks and service areas shall be located on façades that do not face a
primary building frontage
City of Palo Alto - Objective Design Standards Checklist
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☐
(B) Loading docks and service areas located within setback areas shall be
screened by a solid fence, or wall, or dense landscaping and separated from
pedestrian access to the primary building entry to avoid impeding pedestrian
movement/safety.
18.24.040 Building Orientation and Setbacks
Check Standard Sheet #Applicant’s Justification
(b)(1) Building Corner Elements (less than 40 feet in height)
Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include
all of the following features on their secondary building frontage:
(A) height and width of corner element shall have a ratio greater than 1.2:1. For
townhomes, the width would be equal to the smaller side of one unit?Building above 40 feet
a. Secondary building frontage height: _____ feet
b. Secondary building frontage length: _____ feet
☐
c. Secondary building frontage height to width ratio: ___
(B) minimum of 15% fenestration area.
a. Total secondary building frontage façade area: ___ sf
b. Secondary building frontage façade fenestration area: ___ sf☐
c. Percent of fenestration area _____ %
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☐(C) At least one facade modulation with a minimum depth of 18 inches and a
minimum width of two feet.
(b)(2)(A) & (B) Treatment of Buildings Corners on Corner Lots (40+ feet in height)
Corner Buildings 40 feet or taller in height shall include at least one of the following special features:
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A. Street wall is located at the minimum front yard setback or build-to line for a minimum
aggregated length of 40 feet on both facades meeting at the corner and includes one or
more of the following building features:
City of Palo Alto - Objective Design Standards Checklist
Page 5
☒i. An entry to ground floor retail or primary building entrance located within
25 feet of the corner of the building.
AP1.00
AP2.01 Complies
☒ii. A different material application and/or fenestration pattern from the rest of
the façade.
AP3.00
AP3.01 Complies
☐iii. A change in height of at least 4 feet greater or less than the height of the
adjacent/abutting primary façade.
B. An open space with a minimum dimension of 20 feet and minimum area of 450 sf. The
open space shall be at least one of the following
☐i. A publicly accessible open space/plaza.
☐ii. A space used for outdoor seating for public dining.
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iii. A residential Common Open Space adjacent to a common interior space
(i.e. lobby, retail, etc.) and less than two feet above adjacent sidewalk grade.
Fences and railing shall be a minimum 50% open/transparent.
(b)(3) Primary Building Entry
The primary building entry meets at least one of the following standards:
☒A. Faces a public right-of-way.AP3.00
AP3.01 Complies
☒B. Faces a publicly accessible pedestrian walkway.AP3.00
AP3.01 Complies
C. Is visible from a public right-of-way through a forecourt or front porch that
meets the following standards:
i. For residential buildings with fewer than seven units, building entry
forecourts or front porch minimum dimensions of (min. 36 sf and min.
dimension of 6 feet required): ___ sf and ___ ft. min. dimension
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☐ii. For commercial buildings or residential buildings with seven or
more units, building entry forecourts or front porch minimum
dimensions of (min. 100 sf and a min. width of 8 feet required): ___ sf
and ___ ft. min. width
(b)(4) Ground Floor Residential Units
A. Finished Floor Height for Ground Floor Units
City of Palo Alto - Objective Design Standards Checklist
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City of Palo Alto - Objective Design Standards Checklist
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☐The finished floor of ground floor residential units, when adjacent to a public right-of-
way, must be within the minimum and maximum heights according to setback distance
from back of walk identified in Figure 2a and 2b of the Zoning Ordinance. Calculate
minimum ground floor finished floor height: AP2.01 No ground floor units
☐Setback adjacent to public right of way:
☐
Minimum ground floor finished floor height: _____ feet
𝒚 = ―
𝟒
𝟏𝟓(𝒙)+ 𝟏𝟔
𝟑 where 𝑥 = setback length from back of walk, in feet
and 𝑦 = ground floor finished floor height, in feet
☐Sites with slopes greater than 2% along building façade – Average height of
finished floor: _____ feet
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☒Sites located in flood zones – the minimum ground floor finished floor height
shall be defined by FEMA, less flood zone elevation: ____ feet
B. Setback Trees
Ground floor units with a setback greater than 15 feet must have at minimum an
average of one tree per 40 linear feet of facade length, within the setback area. AP2.01 No ground floor units
Facade length:
Trees required: tree(s) (i.e. façade length / 40)
☐
Trees provided: tree(s)
C and D. Front Setback
☐C. Ground floor residential entries are setback a minimum of 10 feet from the
back of public sidewalk; OR AP2.01 No ground floor units
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D. Where no minimum building setback is required, all ground floor residential
units must be set back a minimum 5 feet from back of public sidewalk.
City of Palo Alto - Objective Design Standards Checklist
Page 7
Check Standard Sheet #Applicant’s Justification
E. Unit Entry
A minimum 80% of ground floor residential units that face a public right-of-way or
publicly accessible path, or open space shall have a unit entry with direct access to the
sidewalk, path, or open space for minimum.
AP2.01 No ground floor units
a. Total number of ground floor residential units facing a public right-of-way,
publicly accessible path, or open space:____units
b. 80% of total units in (a): ___units
☐
c. Subset of number of units in (a) that have a unit entry with direct access to the
sidewalk, path, or open space: ____entries
(b)(5) Front Yard Setback Character
Required setbacks provide a hardscape and/or landscaped area to create a transition between
public and private space. The following standards apply, based on intended use and exclusive of
areas devoted to outdoor seating, front porches, door swing of building entries, and publicly
accessible open space and meet the following:
(A). Ground-floor retail or retail like uses have a minimum of 10% of the required
setback as landscape or planters.N/A
i. Minimum setback area (setback x frontage x 10%): ____ sf☐
ii. Landscape or planter area in required setback: ____ sf
(B). Ground-floor residential uses have a minimum of 60% landscaped area in the
required setback area.
i. Minimum setback area (setback x frontage x 60%):
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ii. Landscape area in required setback:
City of Palo Alto - Objective Design Standards Checklist
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City of Palo Alto - Objective Design Standards Checklist
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(b)(6) Side Yard Setback Character
☐
(A) Each detached dwelling unit shall have at least one usable side yard, at least six feet
wide, between the house and fence or other structure, to provide outdoor passage
between the front and rear yards.
N/A
18.24.050 Building Massing
Check Standard Sheet #Notes
(b)(1) Upper Floor Step Backs and Daylight Planes
(A) When the height of the subject building is more than 20 feet above the
average height (i.e. average of low and high roof elevations) of an adjacent
building(s), an upper floor step back shall start within two vertical feet of the
average height of the adjacent building. The step back shall be a minimum depth
of six feet along both the façade on the primary building frontage and the façade
facing the adjacent building, and the step shall occur for a minimum of 70% of
each façade length.
AP2.03
Stepbacks occur on floor three
(24 feet). However, the full 6
feet in depth is not provided for
a minimum of 70% of the façade
length. It is worth noting that in
some areas more than the 6
feet stepback is provided.
i. Proposed building height: 82 feet
ii. Average building height of the adjacent building(s): 33.75 feet
☒
iii. Building height where upper floor step back begins: 24 feet
☐(B) Notwithstanding, subsection (A), when adjacent to a single-story building, the
upper floor step back shall occur between 33 and 37 feet in height.
☒
(C) If a project meets the following criteria, a daylight plane with an initial height
of 25 feet above grade at the property line and a 45-degree angle shall be
required. This daylight plane is required if all of these criteria are met:
i. The project is not subject to a daylight plane requirement, pursuant to
district regulations in Title 18; and
ii. The project proposes a building which is more than 20 feet above the
average height (i.e., average of low and high roof elevations) of an
adjacent building(s); and
iii. The project abuts residential units in the side or rear yard.
AP3.00
AP3.01
AP3.02
AP3.03
The building does not comply
with daylight planes.
City of Palo Alto - Objective Design Standards Checklist
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(b)(2) Privacy and Transitions to Residential Uses
When a building abuts a residential use on an interior side and/or rear property line, the building
shall break down the abutting façade and maintain privacy by meeting all of the following:
☒
(A) Landscape Screening. A landscape screen that includes a row of trees with a
minimum one tree per 25 linear feet and continuous shrubbery planting. This
screening plant material shall be a minimum 72 inches (6 feet) in height when
planted. Required trees shall be minimum 24” box size.
AP1.00
AP2.01 Complies
☒(B) Façade Breaks. A minimum façade break of 4 feet in width, 2 feet in depth,
and 32 sf of area (i.e. 8 ft tall minimum) for every 36 to 40 feet of façade length
AP3.01
AP3.02
AP3.03
Complies
☒
(C) Maximum Amount of Transparent Windows. Within 40 feet of an abutting
structure, no more than 15% of the facing façade area shall be windows or other
glazing. Additional windows are allowed in order to maintain light, if fixed and
fully obscured
AP3.01
AP3.02
AP3.03
Complies
(D) Windows. Within 30 feet of facing residential windows (except garage or
common space windows) or private open space on an adjacent residential
building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least five feet above
finished floor; or
(ii) Windows shall have opaque or translucent glazing at or below five feet
above finished floor; or
(iii) Windows shall be angled up to 30 degrees (parallel to window) to face
away from the adjacent privacy impacts; and
(iv) Landscape screening shall be 24-inch box size or larger and eight+ feet
height at planting; 50% evergreens; and located to align with proposed
second floor windows at maturity.
AP3.01
AP3.02
AP3.03
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(E). Balconies: Within 30 feet of residential windows (except garage or common
space windows) or private open space on an adjacent residential building,
balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines to the adjacent property window or open space are
permitted within five feet above the balcony or deck flooring and a 45-
degree angle downward from balcony railing.
(ii) Submit section view of proposed balcony/deck and abutting residential
AP3.01
AP3.02
AP3.03
Complies
City of Palo Alto - Objective Design Standards Checklist
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windows and/or private open space.
(iii) Provide balcony/deck design measure which may include:
a. Minimum 85% solid railing
b. Obscure glass railing
c. Barrier with min. 18" horizontal depth from railing (e.g. planter)
(b)(3)(A) & (B) Maximum Façade Length - facing a street or public path
Buildings 70 feet in length or greater and greater than 25 feet in height
For building facades 70 feet in length or greater and facing a public street, right-
of-way, or publicly accessible path shall not have a continuous façade plane
greater than 70% of the façade length without an upper floor modulation, of at
least 2 feet in depth
Not Applicable (see below for
buildings between 150 feet and
250 feet in length)
Largest façade length featuring continuous plane:
Total Façade length:
☐
Percent of façade length without upper floor modulation (a/b) (maximum
70%):
Buildings 250 feet in length or greater
(A) Buildings 250 feet in length or greater, which face a public street, right-of-
way, or publicly accessible path, shall have at least one vertical façade break
with a minimum area greater than 400 sf and a width greater than or equal to
two times the depth
Not Applicable (see below for
buildings between 150 feet and
250 feet in length)
Total Building length:
☐
Number of vertical façade breaks:
Width: 42 feet, Depth: 8 feet, Area:
Buildings between 150 feet and 250 feet in length
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or
publicly accessible path, shall have at least one vertical façade break with a
minimum area greater than 64 sf and a minimum width of 8 feet and
minimum depth of 4 feet.
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Total Building length: 158 feet
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Number of vertical façade breaks: 3
Width: 10 feet, depth 6 feet, area 60 sf
Width: 10 feet, depth 5 feet, area 50 sf
Width: 20 feet, depth 6 feet, area 120 sf = total 230 sf
AP2.03
AP3.01
AP3.02
AP3.03
Complies
Check Standard Sheet #Applicant’s Justification
(b)(4) Special Conditions: Railroad Frontages
All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the
railroad-abutting façade(s):N/A
☐(A) A minimum facade break of at least 10 feet in width and six feet in depth for
every 60 feet of façade length.
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☐(B) For portions of a building 20 feet or greater in height shall not have a
continuous façade length that exceeds 60 feet.
(b)(5) Diversity of Housing Types
☒
A diversity of housing types (e.g. detached units, attached
rowhouses/townhouses, condominiums or apartments, mixed use) are
required for projects on large lots:
Less than one acre lots: minimum 1 housing types
1 to 2-acre lots: minimum 2 housing types; or
More than 2-acre lots: minimum 3 housing types
Does not Comply. 1.5 acre lot
with 1 housing type
(apartments) proposed
18.24.060 Façade Design
Check
Two or
More
Standard Sheet #Applicant’s Justification
(c)(1) Base-Middle-Top
☒
Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a
middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of
80% of the façade length through use of three or more of the following four techniques:
City of Palo Alto - Objective Design Standards Checklist
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City of Palo Alto - Objective Design Standards Checklist
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☐
i. Variation in Building Modulation: Building modulation shall extend for a minimum 80%
of the façade length feet, and shall include one or more of the following building
features.
☒a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a
minimum dimension of 2 feet from the primary facade.
AP3.01
AP3.02
AP3.03
Complies
☐
b. Upper floor step backs. A horizontal step back of upper-floor façades with a
minimum 5 foot stepback from the primary façade for a minimum of 80% of
the length of the façade
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c. Ground floor step back. A horizontal shift of the ground floor facade with a
minimum depth of 2 feet for a minimum 80% of the length of the façade.
Ground floor step backs shall not exceed the maximum setback, where stated AP1.00
☒ii. Variation in Façade Articulation: Façade articulation modulation shall include one or
more of the following building features.Complies
☒
a. Horizontal and/or Vertical Recesses or Projections. Recesses or projections
such as a pattern of recessed grouping of windows, recessed panels, bay
windows or similar strategies. The recess or projection shall be a minimum 4
inches in depth.
AP3.00
AP3.01
AP3.02
AP3.03
☒
b. Horizontal and/or Vertical Projections. Projections such as shading,
weather protection devices, decorative architectural details, or similar
strategies.
AP3.00
AP3.01
AP3.02
AP3.03
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c. Datum Lines. Datum lines that continue the length of the building, such as
parapets or cornices, with a minimum 4 inches in height or a minimum 2
inches in depth and include a change in material
☒iii. Variation in two of the following:
AP3.00
AP3.01
AP3.02
AP3.03
Complies
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City of Palo Alto - Objective Design Standards Checklist
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☒b. Fenestration Proportion
☒c. Fenestration Pattern
☐d. Fenestration Depth or Projection
☒iv. Variation in two of the following:
AP3.00
AP3.01
AP3.02
AP3.03
Complies
☒a. Façade Material
☒b. Facade Material Size
☐c. Façade Texture and Pattern
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☒d. Façade Color
(c)(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and
express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following façade articulation
strategies to create visual interest:
☒A. Vertical and horizontal recesses such as a pattern of recessed grouping of windows or
recessed panels. The recess shall be a minimum 4 inches in depth.
AP3.00
AP3.01
AP3.02
AP3.03
Complies
☒B. Vertical and horizontal projections such as shading and weather protection devices or
decorative architectural details. Projections shall be a minimum 4 inches in depth.
☒
C. Datum lines that continue the length of the building, such as cornices, with a
minimum 4 inches in depth, or a minimum 2 inches in depth and include a change in
material.
☒D. Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a
minimum 4 inches in depth.
☒E. Screening devices such as lattices, louvers, shading devices, or perforated metal
screens.
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☐F. Use of fine-grained building materials, such as brick or wood shingles, not to exceed 8
inches in either height or width.
City of Palo Alto - Objective Design Standards Checklist
Page 14
☒G. Incorporate a minimum of three colors, materials, and/or textures across the whole
building.
(c)(3) Compatible Rhythm and Pattern
(A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces.
This may be achieved with building modulation to create vertically oriented façades (height greater than the width of the façade), façade
articulation and fenestration repetitive vertically oriented patterns. Depending on the length of the façade, the following standards apply:
☐
i. For continuous façades less than 100 feet in length, the façade shall have vertically
oriented patterns of vertical recesses or projections, façade articulation, and/or
fenestration.
ii. For continuous façades 100 feet or greater in length, the façade shall include either:
☒
a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical
shift modulation for a minimum 4 feet in width to establish a vertical rhythm
between 20 to 50 feet in width; OR
AP3.00
AP3.01
AP3.02
AP3.03
Complies
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☐b. A vertical recess or projection with a minimum depth of 2 feet that establishes
the vertical rhythm between 10 to 16 feet in width
(B) Residential mixed-use buildings
☐i. Vertical Patterns and Modulation: Façades shall use vertical patterns of building
modulation, façade articulation, and fenestration.
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ii. Horizontal Patterns and Modulation: Façades that use horizontal articulation and
fenestration patterns shall use a vertical massing strategy with a minimum 4 feet
wide and 2 feet deep vertical shift in modulation at least once every 50 feet of
façade length.
(C) Storefronts
☐Storefront uses must express a vertical rhythm not to exceed 30 to 50 feet in width.
(c)(4) Emphasize Building Elements & Massing
(A)(i) Building Entries within Façade Design. Primary building entries shall be scaled proportionally to
the number of people served (amount of floor-area or number of units accessed). Building entries
shall meet the following minimum dimensions:
C h e c k A ll☐a. Individual residential entries:
City of Palo Alto - Objective Design Standards Checklist
Page 15
☒b. Shared residential entry, such as mixed-use buildings: AP3.00
AP3.01 Complies
☐c. Commercial building entry:
☐d. Storefront entry:
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade
modulation that includes at least one of the following:
☐a. Recess or projection from the primary façade plane (minimum 2 feet).
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☒b. Weather protection that is a minimum 4 feet wide and 4 feet deep by recessing
the entry, providing an awning or using a combination of these methods
AP3.00
AP3.01 Complies
(c)(5) Storefront/Retail Ground Floors
A. Ground floor height shall be a minimum 14 feet floor-to-floor OR shall maintain a 2nd
floor datum line of an abutting building.
AP3.00
AP3.01 Complies
a. Ground floor height (minimum 14 feet): 15 feet; OR☒
b. Height of 2nd floor datum line of abutting building:
B. Transparency shall include a minimum 60% transparent glazing between 2 and 10 feet in
height from sidewalk, providing unobstructed views into the commercial space.
a. Façade area between 2 feet and 10 feet:
b. Transparent glazing area between 2 feet and 10 feet:
☐
c. Percentage of transparent glazing (minimum 60%):
☐C. If provided, bulkheads and solid base walls measure between 12 and 30 inches from
finished grade
D. Primary entries shall include weather protection by recessing the entry, providing an
awning or using a combination of these methods.
a. Weather protection width (minimum 6 feet): 20 feet AP3.00
AP3.01 Complies☒
b. Weather protection depth (minimum 4 feet): 4 feet AP3.00
AP3.01
☒
E. Awnings, canopies and weather protection: (i) When transom windows are above
display windows, awnings, canopies and similar, weather protection elements shall be
installed between transom and display windows. These elements should allow for light to
AP3.00
AP3.01 Complies
City of Palo Alto - Objective Design Standards Checklist
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enter the storefront through the transom windows and allow the weather protection
feature to shade the display window. (ii) Awnings may be fixed or retractable
(c)(6) Other Non-Residential Ground Floors
☐(A) Ground floor height must be a minimum 14 feet floor-to-floor OR match the 2nd floor
datum line of an abutting building N/A
☐Ground floor height (minimum 14 feet): _____ feet; OR
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(B) Minimum of 50% transparent glazing between 4 and 10 feet in height from sidewalk or
terrace grade, providing unobstructed views into the commercial space
Façade area between 2 feet and 10 feet:
Transparent glazing area:
☐
Percentage of transparent glazing (minimum 50%):
(C) Primary entries include weather protection that is a minimum 6 feet wide and 4 feet
deep by recessing the entry, providing an awning or using a combination of these methods.
Weather protection width (minimum 6 feet): ☐
Weather protection depth (minimum 4 feet):
(c)(7) Parking/Loading/Utilities
(A) Entry Size
No more than 25% of the site frontage facing a street shall be devoted to garage openings,
carports, surface parking, loading entries, or utilities access. On sites with less than 100
feet of frontage, no more than 25 feet.
AP3.00
AP3.01 Complies
Site frontage: 234 feet Curtner Avenue
Frontage devoted to garage openings, carports, surface parking, loading entries, or
utilities access: 11 % ( 26 feet)
☒
Percent of frontage devoted to garage openings, carports, surface parking, loading
entries, or utilities access 11%
(B) Above Ground Structured Parking
☒
Above grade structured parking levels facing a public right-of-way or publicly accessible
open space/path, with the exception of vehicular alleys, must be lined with commercial or
habitable uses with a minimum depth of 20 feet
AP3.00
AP3.01 Complies
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(C)&(D) Partially Sub-Grade Structured Parking
☐Partially sub-grade parking must not have an exposed façade that exceeds 5 feet in height
above abutting grade at back of sidewalk. N/A
☐Partially sub-grade parking must be screened with continuous landscaping and shrubbery
with minimum height of 3 feet and be located within 10 feet of the sub-grade parking.
18.24.080 Open Space
Check Standard Sheet #Applicant’s Justification
(b)(1) Private Open Space
☒
(A) Floor area includes clear space with a minimum dimension of a circle with a six-
foot diameter.
Does not comply. Some of the
units with balconies can not
have a clear space with a
minimum dimension of a circle
with a 6 foot diameter.
However, the total open space
amount exceeds the
requirement for the site.
☒(B) Minimum clear height dimension of 8’-6” feet. Complies
☒(C) Directly accessible from a residential unit.Complies
☐(C) Balconies are not located within the daylight plane.
(b)(1)(E) Private Open Space - Ground Floor Patios
☐
(i) RM-20 and RM-30 districts: Minimum 100 sf of area, the least dimension of which is
8 feet for at least 75% of the area.
☐
(ii) RM-40 districts: Minimum 80 sf of area, the least dimension of which is 6 feet for at
least 75% of the area
☐(iii) Street facing private open space on the ground floor shall meet the finished floor
height for ground floor residential standards in section 18.24.040(b)(4)
City of Palo Alto - Objective Design Standards Checklist
Page 18
(b)(2) Common Open Space
☒
(A)&(B) Minimum 200 sf of area. Area shall include a
space with a minimum dimension of a circle with a
10-foot diameter.
AP2.03
AP2.07 Complies
☒
(C) A minimum of 60% of the area shall be open to
the sky and free of permanent weather protection
or encroachments. Trellises and similar open-air
features allowed
AP2.03
AP2.07
☒
(D) Notwithstanding subsection (1), courtyards
enclosed on four sides shall have a minimum
dimension of 40 feet and have a minimum courtyard
width to building height ratio of 1:1.25
AP2.03
AP2.07
☒(E) Common open space provides seating. AP2.03
AP2.07
☒(F) Common open space has a minimum 20% of
landscaping.
AP2.03
AP2.07
☒
(G) Planting in above grade courtyards has minimum
soil depth of 12 inches for ground cover, 20 inches
for shrubs, and 36 inches for trees.
18.24.090 Materials
Check Standard Sheet #Applicant’s Justification
☒
(b)(1) Primary, secondary, and accent materials are allowed or prohibited as in the
Residential and Residential Mixed-use Material List, which may be updated from time
to time by the Director of Planning with a recommendation by the ARB. See webpage
for list - https://www.cityofpaloalto.org/News-Articles/Planning-and-Development-
Services/Multifamily-Mixed-Use-Objective-Standards
Materials Comply
18.24.100 Sustainability and Green Building Code
Check Standard Sheet #Applicant’s Justification
City of Palo Alto - Objective Design Standards Checklist
Page 19
☒
(b) See Chapter 16.14: California Green Building Standards additional requirements for
green building and sustainable design. Notwithstanding Section 18.24.010(c), these
regulations may not be modified through alternative compliance.
Project is conditioned to comply
with Calgreen Tier 2.
From:Michelle Lin
To:Switzer, Steven
Subject:Re: Questions application #: 24PLN-00161
Date:Friday, March 28, 2025 10:27:37 AM
Attachments:image001.png
image002.png
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Hi Steven,
Yes, please add me to the update of 3781 El Camino Real email loops.
Have a nice weekend!
Thanks,
Michelle
On Wed, Mar 19, 2025 at 8:20 AM Switzer, Steven <Steven.Switzer@cityofpaloalto.org>
wrote:
Hi Michelle-
There is no scheduled meeting time. You can keep up to date with the project’s webpage at
the following link: 3781 El Camino Real – City of Palo Alto, CA
We don’t have an automated email, but I can add your name to a list to update as the project
moves through the review process.
Steven Switzer
Historic Preservation Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@CityofPaloAlto.org
www.cityofpaloalto.org
From: Michelle Lin <alimus1123@gmail.com>
Sent: Thursday, March 13, 2025 8:57 PM
To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org>
Subject: Re: Questions application #: 24PLN-00161
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
Hi Steven,
Thanks for the information. It's very clear. I have two more questions as follows.
1) When is the hearing time? Can we find the schedule online?
2) Is it possible to sign up for an update like a newsletter for this property?
Thanks,
Michelle
On Wed, Mar 5, 2025 at 8:34 AM Switzer, Steven <Steven.Switzer@cityofpaloalto.org>
wrote:
Hi Michelle-
The project is still under review. Construction for the project would not occur anytime
soon.
The project would need to complete its planning entitlements and environmental review
before any construction could start.
Below are some directions to view the project plans online and see status updates :
1. Go to: https://paloalto.buildingeye.com/planning
2. Search for “3781 El Camino” and open record by clicking on the green
dot. You will need to select the application # 25PLN-00161.
3. Review the record details on the left side. There you will see a status
updates section.
4. To review the plans open the “more details” option.
5. Use the “Records Info” drop down menu and select “Attachments”
6. Open the attachment named “C4_3781 ECR_PLANNING
SET_PLANS.pdf” and dated 2/10/2025 to review the plan set.
Steven Switzer
Historic Preservation Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@CityofPaloAlto.org
www.cityofpaloalto.org
From: Michelle Lin <alimus1123@gmail.com>
Sent: Friday, February 28, 2025 8:11 AM
To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org>
Subject: Questions application #: 24PLN-00161
CAUTION: This email originated from outside of the organization. Be
Hi Steven,
I'm a tenant on Curtner Ave. I'm wondering how the progress is now for the 3781 El
Camino Real project since my family plans to move to another location before all the
construction starts. And where can I see the update status for this planning development?
Thanks,
Michelle
From:Kenneth Streib
To:Switzer, Steven
Subject:Re: 400 Curtner --- 3781 El Camino Real (24PLN-00161)
Date:Tuesday, July 2, 2024 9:06:36 PM
Attachments:image002.png
image001.png
image004.png
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
You hae indicted a parking space to unit ratio of about 1.14 or so. It seems many
renters around here are couples and both work so at LEAST two cars per unit. Lots
of single renters will have two cars, and there might be couples with three cars. This
is all evidenced by the fact that there is NO street parking on Curtner.
Thanks,
Ken Streib
On Friday, June 28, 2024 at 03:40:43 PM PDT, Switzer, Steven <steven.switzer@cityofpaloalto.org>
wrote:
I am the project planner –feel free to send the comments to me.
Once we get further along in the review process the project may be scheduled for
public hearing at which time I can provide you information on how to attend/
participate in said meetings.
We are in the very early stages of review.
The application submittal may require revisions in response to varying City
Department comments on the project.
Once I have more information, I would be happy to share it with you.
Steven Switzer
Historic Preservation Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@CityofPaloAlto.org
www.cityofpaloalto.org
From: Kenneth Streib <ken_streib@yahoo.com>
Sent: Friday, June 28, 2024 3:14 PM
To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org>
Subject: Re: 400 Curtner --- 3781 El Camino Real (24PLN-00161)
CAUTION: This email originated from outside of the organization. Be cautious of opening
attachments and clicking on links.
THanks so much for your timely response. And where would be the best place to
comment? email to city council?
Thanks,
Ken Streib
On Friday, June 28, 2024 at 08:55:20 AM PDT, Switzer, Steven <steven.switzer@cityofpaloalto.org>
wrote:
Currently there are 177 units proposed with 203 proposed parking spaces in a parking garage.
We are in the early stages of reviewing the project. You are more than welcome to comment on the
project and provide any concerns in writing as it progresses through the review process.
Steven Switzer
Historic Preservation Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@CityofPaloAlto.org
www.cityofpaloalto.org
From: Kenneth Streib <ken_streib@yahoo.com>
Sent: Thursday, June 27, 2024 7:56 PM
To: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org>
Subject: Re: 400 Curtner --- 3781 El Camino Real (24PLN-00161)
CAUTION: This email originated from outside of the organization. Be cautious of opening
attachments and clicking on links.
I think the sign is back up or I was just missing it once. I hope this is enough parking, but I fear probably
not. If it is not, and they start parking on the street, is there any sort of recourse for us who live here
now?
Thanks,
Ken
On Thursday, June 27, 2024 at 04:10:26 PM PDT, Switzer, Steven <steven.switzer@cityofpaloalto.org>
wrote:
I spoke with the applicant regarding this.
Once I have an update I can relay that information over to you.
Steven Switzer
Historic Preservation Planner
Planning and Development Services Department
650-329-2321 | Steven.Switzer@CityofPaloAlto.org
www.cityofpaloalto.org
From: McKay, Scott <Scott.McKay@CityofPaloAlto.org>
Sent: Thursday, June 27, 2024 10:05 AM
To: ken_streib@yahoo.com
Cc: Switzer, Steven <Steven.Switzer@CityofPaloAlto.org>
Subject: RE: 400 Curtner --- 3781 El Camino Real (24PLN-00161)
Hi Ken,
The address that the project was filed under is 3781 El Camino and the Planning
application number is 24PLN-00161. The public notice signage may have been moved to
attachments and clicking on links.
I notice that the sign came down. Does that mean it was perhaps in the wrong place?
Thanks,
Ken Streib
----- Forwarded Message -----
From: Kenneth Streib <ken_streib@yahoo.com>
To: City Mgr <citymgr@cityofpaloalto.org>
Sent: Thursday, June 20, 2024 at 09:55:28 PM PDT
Subject: 400 Curtner
Greetings,
I noticed a new project going up at 400 Curtner. Does the city council decide these things? I was wondering what
the parking provisions will be at this new building.
Thanks so much for your time,
Ken Streib
560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910
-743-6990
-743-6979
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April 29, 2026
- 5th Floor
Re: Invocation of “Builder’s Remedy 2.0” Under AB 1893, and CEQA Compliance
for the Housing Development Project at 3781 El Camino Real (24PLN-00161)
Dear All:
This firm represents Vittoria Management, Inc. (the “Applicant”) in connection with its application
for a housing development project consisting of 183 multifamily units (the “Project”) at 3781 El
Camino Real (the “Project Site”) in Palo Alto (the “City”). The City determined the Project’s
application complete for Permit Streamlining Act purposes on March 17, 2025. As explained in
more detail in our previous communication, the Project is protected by the Housing Accountability
Act (the “HAA”) inclusive of the Builder’s Remedy provision. The Applicant has also secured
vested rights to develop the Project pursuant to the Housing Crisis Act of 2019 (“SB 330”). The
purposes of this letter are to:
1. Document the Project’s eligibility for and affirmatively invoke the protections of Assembly
Bill (“AB”) 1893, also known as “Builder’s Remedy 2.0”; and
2. Document the Project’s eligibility for the protections of AB 1633 and the “Infill
Exemption” from the California Environmental Quality Act (“CEQA”), pursuant to CEQA
Guidelines Section 15332.
AB 1893’s Protections and Its Applicability
AB 1893 went into effect on January 1, 2025 and provides significant new protections for Builder’s
Remedy projects. Importantly, its new protections extend to proposals, including the Project, that
predate AB 1893’s effective date.1 AB 1893 allows Builder’s Remedy projects to include 13% low
1 See Gov. Code § 65589.5(f)(7)(A) (as amended by AB 1893) (“For a housing development project application that
is deemed complete before January 1, 2025, the development proponent for the project may choose to be subject to
the provisions of this section that were in place on the date the preliminary application was submitted, or, if the project
Palo Alto Planning Department
April 29, 2026
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#519811052_v3
income units,2 and for in-process projects switching to Builder’s Remedy 2.0 to make
modifications to their proposal even if they exceed a 20% change in units or square footage.3
The Applicant is hereby electing to convert to Builder’s Remedy 2.0 and include 13% low income
units (23 total units when calculated as a portion of the Project’s units totally which is below the
base maximum per AB 1893) in the now-revised Project. The Applicant reserves all rights it has
including under the HAA as amended by AB 1893, or any other state or local laws, to return to its
original proposal for the Project if warranted at a later time.
In addition to the above-described provisions, AB 1893 includes the following notable protections,
of which we wish to remind the City:
• Local agencies may not require a Builder’s Remedy 2.0 Project to apply for or receive
approval of a general plan amendment, specific plan amendment, rezoning, or other
legislative approval.4 Local agencies also may not require a Builder’s Remedy 2.0 Project
to apply for or receive any approval or permit not generally required of a non-Builder’s
Remedy project of the same type and density.5
• Local agencies may not adopt or impose any requirements (including fees), or undertaking
any course of conduct, with respect to Builder’s Remedy 2.0 Projects that do not apply to
other projects.6
• Builder’s Remedy 2.0 Projects are deemed consistent with all applicable local standards
and plans, and may not be treated as nonconforming uses.7
• Prior to AB 1893, the HAA provided only that jurisdictions could not “disapprove”
Builder’s Remedy projects, or condition such projects in a manner that rendered the
affordable portion of the project infeasible. AB 1893 has significantly expanded the scope
of prohibited actions. In addition to prohibiting a local agency from voting to disapprove a
Builder’s Remedy 2.0 Project, AB 1893 also notably prohibits local agencies from:
meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this
section applicable as of January 1, 2025.”). See also Gov. Code § 65589.5(h)(5) (“Notwithstanding any other law,
until January 1, 2030, ‘deemed complete’ means that the applicant has submitted a preliminary application pursuant
to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete
application pursuant to Section 65943.”) (emphasis added).
2 Gov. Code §§ 65589.5(d); (h)(3)(C)(i)(III) (as amended by AB 1893).
3 Gov. Code § 65589.5(f)(7)(B) (as amended by AB 1893).
4 Gov. Code § 65589.5(f)(6)(D)(i) (as amended by AB 1893).
5 Gov. Code § 65589.5(f)(6)(D)(ii) (as amended by AB 1893).
6 Gov. Code § 65589.5(f)(6)(E) (as amended by AB 1893).
7 Gov. Code § 65589.5(f)(6)(D)(iii) (as amended by AB 1893).
Palo Alto Planning Department
April 29, 2026
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#519811052_v3
o Taking a “final administrative action” (other than a vote) that functions as a project
disapproval;8
o Subjecting a Builder’s Remedy 2.0 to more than five hearings;9
o Wrongfully determining that a Builder’s Remedy 2.0 Project preliminary
application has expired or failed to establish vested rights in contravention of the
Permit Streamlining Act;10
o Maintaining a “course of conduct undertaken for an improper purpose” that
functions as an “effective disapproval” of a Builder’s Remedy 2.0 Project.11
• AB 1893 also expands the HAA’s prohibition on unlawful conditioning. The local agency
is now prohibited from imposing any condition that would render the Builder’s Remedy
2.0 Project as a whole infeasible (rather than just the affordable component of the
project).12 The local agency is also now specifically prohibited from imposing a
combination of conditions that would render the Builder’s Remedy 2.0 Project infeasible.13
The Project qualifies for AB 1893, as documented in the following chart:
Summary of AB 1893 Criteria Project Consistency
Affordability (Gov. Code §
65589.5(h)(11)(A)).
The project is a housing development project
that provides housing for very low, low-, or
moderate-income households.
Gov. Code § 65589.5(h)(3): 55 years for
rental units, 45 years for ownership units.
“Housing for mixed-income households” =
• At least 7 % “extremely low income” ;
or
• At least 10 % “very low income”; or
•
Does the project satisfy one of the applicable
affordability percentage requirements?
• Yes, the Project includes 13% low
income units, calculated as a portion
of the Project unit total (which is less
than the base maximum per AB 1893).
Will the affordability of these units be ensured
for the required period?
• Yes, the Applicant will ensure
affordability of the rental units for 55
years.
8 Gov. Code § 65589.5(h)(6)(A) (as amended by AB 1893).
9 Gov. Code § 65589.5(h)(6)(E) (as amended by AB 1893).
10 Gov. Code § 65589.5(h)(6)(H) (as amended by AB 1893).
11 Gov. Code § 65589.5(h)(6)(D) (as amended by AB 1893).
12 Gov. Code § 65589.5(d) (as amended by AB 1893).
13 Gov. Code § 65589.5(f)(6)(B) (as amended by AB 1893).
Palo Alto Planning Department
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#519811052_v3
Summary of AB 1893 Criteria Project Consistency
•
site smaller than 1 acre, proposed at
Housing element compliance (Gov. Code §
65589.5(h)(11)(B)).
When application was “deemed complete”
(this includes submission of SB 330
preliminary application or formal
application)14 the jurisdiction did not have a
housing element that was in substantial
compliance 15 with this article.
At the time of preliminary application
submittal (or, if no preliminary application
was submitted, the time of submission of a
complete formal application), was the
jurisdiction’s housing element certified as
substantially compliant by HCD or a court of
competent jurisdiction?
• No – project qualifies for this
requirement.
Maximum density (Gov. Code §
65589.5(h)(11)(C)).
Must comply with the greatest of the
following densities (plus can add any density
bonus per State Density Bonus Law):
(i) The density does not exceed the greatest
of the following densities:
(I) Fifty percent greater than the minimum
density deemed appropriate to
accommodate housing for that jurisdiction
as specified in subparagraph (B) of
paragraph (3) of subdivision (c) of Section
65583.2 16 (this is known as the “Mullen
density”).
Does the project comply with the applicable
maximum density?
• Yes – Explanation below
Using the options at left, we have identified
the highest density for each APN of the
Project Site, and calculated a weighted
average by percentage of the site (63,025
square feet total) that each APN represents, to
determine the base maximum density per AB
1893, as follows:
APN 132-41-019 = 40 per comprehensive
plan x 3 = 120 du/acre + 35 for “highest
resource” tract = 155 du/acre
14 Gov. Code § 65589.5(h)(5).
15 See Gov. Code § 65589.55(a) (“For purposes of a local agency’s approval, conditional approval, or disapproval of
a housing development project pursuant to subdivision (d) of Section 65589.5, a housing element or amendment
shall be considered in substantial compliance with this article only if the element or amendment was in substantial
compliance, as determined by the department or a court of competent jurisdiction, when a preliminary application,
including all of the information required by subdivision (a) of Section 65941.1, was submitted or, if a preliminary
application was not submitted, when a complete application pursuant to Section 65943 was submitted.”).
16 “The following densities shall be deemed appropriate to accommodate housing for lower income households: (i)
For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan
area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not
included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least
Palo Alto Planning Department
April 29, 2026
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#519811052_v3
Summary of AB 1893 Criteria Project Consistency
general plan, zoning ordinance, or state
law, whichever is greater.
(III) The density that is consistent with the
density specified in the housing element.
Add 35 du/acre to the maximum
summarized above, if any portion of the site
is located within any of the following:
(I) One-half mile of a major transit stop.17
(II) A very low vehicle travel area.
(III) A high or highest resource census
tract, as identified by the latest edition of
the “CTCAC/HCD Opportunity Map.”18
•
155 = 13.839 du/acre
APN 132-41-020 = 40 per comprehensive
plan x 3 = 120 du/acre + 35 for “highest
resource” tract = 155 du/acre
• 29,618 square feet/ 63,025 square feet
x 155 = 72.841 du/acre
APN 132-41-083 = 30 mullen + 50% = 45
du/acre + 35 for “highest resource” tract = 80
du/acre
• 18,376 square feet/ 63,025 square feet
x 80 = 23.325 du/acre
APN 132-41-084 = 30 mullen + 50% = 45
du/acre + 35 for “high resource” tract = 80
du/acre
• 9,160 square feet/ 63,025 square feet
x 80 = 11.627 du/acre
13.839 + 72.841 + 23.325 + 11.627 = 121.63
(rounded to 122) du/acre maximum for the
Property under B.R. 2.0, prior to using any
State Density Bonus Law bonus yields a 177
unit “base” maximum. The State Density
Bonus Law grants a 24.5% bonus for a project
that includes 13% low income units. (Govt.
Code § 65915(f)(1)) Here that allows up to
220 units. The Project’s proposed 183 units
20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.” Gov.
Code § 65583.2(c)(3)(B).
17 “‘Major transit stop’ means a site containing any of the following: (a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus
routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute
periods.” Pub. Res. Code § 21064.3.
18 See HCD, 2024 CTCAC Opportunity Map (https://belonging.berkeley.edu/final-2024-ctcac-hcd-opportunity-
map).
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Summary of AB 1893 Criteria Project Consistency
The affordability requirement for AB 1893 is
Minimum density (Gov. Code §
65589.5(h)(11)(D)).
(i) On sites that have a minimum density
requirement and are located within 1/2 mile of
a commuter rail station or a heavy rail station,
cannot go below the minimum.
(ii) On all other sites with a minimum density
requirement, the density of the project shall
not be less than the local agency’s minimum
density or 1/2 of the “Mullen density,”
whichever is lower.19
Does the site have a minimum density
requirement under the local zoning
ordinance? If so, does the project satisfy the
statutory minimum density requirements? If
not, can it be revised to do so?
• Not applicable here – project
qualifies
Site restrictions (Gov. Code §
65589.5(h)(11)(E)).
The project site does not abut a site where
more than one-third of the square footage on
the site has been used, within the past three
years, by a heavy industrial use, or a Title V
industrial use, as those terms are defined in
Section 65913.16.20
Does the project site abut a disqualifying
industrial site?
• No
19“The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For
an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:
sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in
clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per
acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.” Gov. Code §
65583.2(c)(3)(B).
20 Gov. Code § 65913.16(b): (4) “Heavy industrial use” means a use that is a source, other than a Title V source, as
defined by Section 39053.5 of the Health and Safety Code, that is subject to permitting by a district, as defined in
Section 39025 of the Health and Safety Code,20 pursuant to Division 26 (commencing with Section 39000) of the
Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). A use where the only source
permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions
and operating limits, is not a heavy industrial use. […] (11) “Title V industrial use” means a use that is a Title V
source, as defined in Section 39053.5 of the Health and Safety Code.20
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The Project’s Eligibility for the Protections of AB 1633 and a CEQA Infill Exemption
We first note for informational purposes that the Project is eligible for the protections of AB 1633,
which became effective January 1, 2024, as documented in more detail in the below chart. Under
AB 1633, it is now a violation of the HAA to fail to grant qualifying projects a CEQA exemption,
where there is substantial evidence in the record that the project is eligible for such an exemption.
AB 1633 limits the City’s authority to require analysis that is not legally required and beyond the
limited scope of its discretion.
AB 1633 Eligibility Criteria Project Consistency
[S]ubstantial evidence in the record before the local agency that the housing development
project is not located . . .” in the following areas:21
zone 22 coastal zone.
of statewide importance . . .
designated on the maps prepared by
the Farmland Mapping and
Monitoring Program of the
Department of Conservation, or land
zoned or designated for agricultural
protection or preservation by a local
ballot measure that was approved by
the voters of that jurisdiction.”23
farmland of statewide importance by the California
Department of Conservation.24 The Project site is not
zoned or designated for agricultural protection, but
rather is zoned for urban uses and surrounded by other
urban uses.
and does not contain wetlands.
Cortese List “or a hazardous waste
site designated by the Department of
Toxic Substances Control,” unless
the Department of Toxic Substances
21 Gov. Code § 65589.5.1(a)(1): On a site specified in subparagraphs (A) to (C), inclusive, or subparagraphs (E) to
(K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.”
22 Gov. Code § 65913.4(a)(6)(A) (as amended by SB 423 (2023)).
23 Gov. Code § 65913.4(a)(6)(B).
24 See https://maps.conservation.ca.gov/DLRP/CIFF/, last accessed April 13, 2025.
25 Gov. Code § 65913.4(a)(6)(C) (“as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2
(June 21, 1993)”).
27 California Environmental Protection Agency Cortese List: https://calepa.ca.gov/sitecleanup/corteselist/, last
visited April 12, 2025.
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AB 1633 Eligibility Criteria Project Consistency
uses.26
fault zone, “unless the development
complies with applicable seismic
protection building code standards
adopted by the California Building
Standards Commission . . ., and by
any local building department . . ..”28
earthquake fault zone.29
subject to inundation by the 1
percent chance of flood,” unless the
project has been issued a Letter of
Map Revision or flood plain
development permit.30
which is not a special flood hazard area.31
project has received a no-rise
certification.32
an adopted natural community
conservation plan . . ., habitat
conservation plan . . ., or other
adopted natural resource protection
plan.”34
not identified for conservation.
identified as candidate, sensitive, or
species of special status by state or
and surrounded by urban uses. We do not anticipate the
Project site contains such habitat.
26 Gov. Code § 65913.4(a)(6)(E).
28 Gov. Code § 65913.4(a)(6)(F).
29 See https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcf, last
accessed April 13, 2025.
30 Gov. Code § 65913.4(a)(6)(G).
31 See https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, last accessed
April 13, 2025.
32 Gov. Code § 65913.4(a)(6)(H).
33 See https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd, last accessed
April 13, 2025.
34 Gov. Code § 65913.4(a)(6)(I).
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AB 1633 Eligibility Criteria Project Consistency
species, or species protected by the
Federal Endangered Species Act . . .,
the California Endangered Species
Act . . ., or the Native Plant
Protection Act . . ..”35
easement.”36 easements recorded on the Project site, based on the
Project’s title report.
severity zone, as determined by the
Department of Forestry and Fire
Protection.”37
Hazard Severity Zone within the State Responsibility
Area as determined by CALFire.38
The project’s parcel(s) is legal and located “within an urbanized area 39 and meets one or
the more of the following criteria . . ..”40
distance” of “a high quality transit
corridor,” as defined in Public
Resources Code Section 21155(b),
or “a major transit stop,” as defined
in Pub. Res. Code Section
21064.3.41
qualifies under one or more other criteria.
travel area”42 qualifies under one or more other criteria.
35 Gov. Code § 65913.4(a)(6)(J).
36 Gov. Code § 65913.4(a)(6)(K).
37 Gov. Code § 65589.5.1(a)(1)(B) (“Within a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as
indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Resources Code.”).
38 See https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-
zones, last accessed April 13, 2025.
39 A parcel is within an urbanized area if it meets the definition provided in Public Resources Code Section 21071.
Gov. Code § 65589.5.1(b)(5). The Project site is located in an urbanized area because Palo Alto is a qualifying
incorporated city because its population, when combined with the populations of contiguous cities Menlo Park and
East Palo Alto, is greater than 100,000.
40 Gov. Code § 65589.5.1(a)(2).
41 Gov. Code § 65589.5.1(a)(2)(A).
42 Gov. Code § 65589.5.1(a)(2)(B).
Palo Alto Planning Department
April 29, 2026
Page 10
#519811052_v3
AB 1633 Eligibility Criteria Project Consistency
. . . as of the date of the”
application’s submittal.43
A project is proximal an amenity if it
is within:
• .5 mile of “[a] bus station” or
“[a] ferry terminal”; OR
1 mile of “[a] supermarket or
grocery store,” “public park,”
“community center,” “pharmacy or
drugstore,” “medical clinic or
hospital,” “public library,” or school
serving any grade - kindergarten to
12th grade.44
Community Playing Fields; Grocery Outlet; Barron
Park Elementary School; Cornelis Bol Park; and likely
others. Analysis not required because the Project
qualifies under one or more other criteria. – see row
immediately below.
(or 3 sides of a 4 sided project site)
is adjoined by urban uses.45
shown on Google Maps.
The project’s density meets the following criteria
units per acre.”46 du/ac.
43 Gov. Code § 65589.5.1(a)(2)(C).
44 Gov. Code § 65589.5.1(b)(4).
45 Gov. Code § 65589.5.1(a)(2)(D).
46 Gov. Code § 65589.5.1(a)(3).
Palo Alto Planning Department
April 29, 2026
Page 11
#519811052_v3
AB 1633 Eligibility Criteria Project Consistency
“There is substantial evidence in the record that”
•
exemption”47; AND
• That any categorical exemption
sought is not barred by an
48
Urban Infill Exemption, see the discussion below.
We anticipate that the City will find the Project eligible for a Class 32 Infill Exemption, because
it meets the Class 32 Infill Exemption criteria and is not subject to any of the exceptions, as
documented below.
1. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
As revised to proceed under Builder’s Remedy 2.0, the Project is consistent as a matter of law. AB
1893 provides that any project that complies with AB 1893 “shall be deemed consistent, compliant,
and in conformity with an applicable plan, program, policy, ordinance, standard, requirement,
redevelopment plan and implementing instruments, or other similar provision for all purposes.”49
On February 7, 2025, San Jose received a Technical Assistance letter from the Department of
Housing and Community Development (HCD) that says due to AB 1893, lead agencies cannot
rely on subdivision (a) of CEQA Guidelines section 15332 to preclude a project that meets the
definition of “Builder’s Remedy” from utilizing a Class 32 Infill Exemption. Builder’s Remedy
projects that meet all other criteria for a Class 32 Infill Exemption, and for which none of the
exceptions criteria in Section 15300.2 of the CEQA Guidelines apply, are eligible for a Class 32
Infill Exemption.
2. The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
The Project Site is approximately 1.45 acres, and is entirely surrounded by urban uses.
3. The project site has no value as a habitat for endangered, rare, or threatened species.
The Project Site is not identified in any regional, state, or federal plans for habitat or conservation.
The Project Site is developed with urban uses and is surrounded by urban development and
significant roadways including El Camino Real, and has no anticipated value as habitat for
threatened, rare or endangered species.
47 Gov. Code § 65589.5.1(a)(4)(A)
48 Gov. Code § 65589.5.1(a)(4)(B).
49 Govt. Code §65589.5(f)(1)(D)(iii).
Palo Alto Planning Department
April 29, 2026
Page 12
#519811052_v3
4. Approval of the project would not result in any significant effects relating to traffic,
noise, air quality or water quality.
The Project does not entail any unusual methods of construction or particularly impactful use, and
we anticipate that the Project will be found not to cause significant traffic, noise, air quality, or
water quality impacts.
5. The site can be adequately served by all required utilities and public services.
The Project would not propose unusually intensive uses, and will be required to comply with all
local regulations governing the provision of utilities and public services.
Exceptions to Categorical Exemptions 50:
1. The project will not have a significant cumulative impact resulting from “successive
projects of the same type in the same place, over time.”51
The Project is a single residential development, and there is no plan to propose “successive”
development on the Project Site. Accordingly, we anticipate the City will conclude that the Project
will not have any new cumulative impacts related to “successive projects of the same type in the
same place, over time.”
2. The project will not “have a significant effect on the environment due to unusual
circumstances.”52
There are no unusual circumstances related to the Project. In determining whether the “unusual
circumstances” exception applies, the only questions are (a) whether there is any substantial
evidence to support the City’s conclusion that the Project does not have unusual features that
distinguish it from other comparable Class 32 infill projects, and (b) whether any project opponents
have shown that “the project will have a significant environmental effect.”53
The Project is a typical infill housing development project and we anticipate that substantial
evidence will demonstrate that the Project will not have a significant effect on the environment.
Further, no opponents have demonstrated that the project “will have” significant environmental
effects.
50 CEQA Guidelines § 15300.2.
51 CEQA Guidelines § 15300.2(b).
52 CEQA Guidelines § 15300.2(c).
53 Walters v. City of Redondo Beach (2016) 1 Cal.App.5th 809, 822-23 (emphasis in the original).
Palo Alto Planning Department
April 29, 2026
Page 13
#519811052_v3
3. The project will not “result in damage to scenic resources, including but not limited to,
trees, historic buildings, rock outcroppings, or similar resources, within a highway
officially designated as a state scenic highway.”54
The Project has no effect on scenic highways.
4. The project is not “located on a site which is included on any list compiled pursuant to
Section 65962.5 of the Government Code.”55
The Project Site is not listed on the Cortese List and it is not designated by the Department of
Toxic Substances Control as a hazardous waste site.56
5. The project will not cause a substantial adverse change in the significance of a historical
resource.”57
The Project Site is not a designated as historic. This exception may only be applied to the extent
that designation had already been made on or before the Project’s complete application was
submitted.58
As outlined in this letter, the Project is eligible for AB 1633 and a Class 32 Infill Exemption. The
Applicant would like to move forward with the process to complete CEQA, including any specific
studies required, and look forward to discussing with the City as soon as possible.
We appreciate the City’s attention to this Project.
Sincerely,
HOLLAND & KNIGHT LLP
Genna Yarkin
Chelsea Maclean
54 CEQA Guidelines § 15300.2(d).
55 CEQA Guidelines § 15300.2(e).
56 California Environmental Protection Agency Cortese List: https://calepa.ca.gov/sitecleanup/corteselist/, last
visited April 12, 2025.
57 CEQA Guidelines § 15300.2(f).
58 Gov. Code § 65913.10.
Palo Alto Planning Department
April 29, 2026
Page 14
#519811052_v3
May 11th 2026
3781 El Camino Real
Developer Leter
Dear Honorable Mayor and Members of the City Council,
We are pleased to present 3781 El Camino Real, a 183-unit mul�family residen�al development
that directly responds to Palo Alto’s cri�cal housing needs and the City’s long-term vision for El
Camino Real. This project was filed in February 2024 under California’s Builder’s Remedy
provision — a state law that allows housing projects to proceed outside of local zoning
restric�ons in jurisdic�ons whose Housing Element had not yet received HCD cer�fica�on. At
the �me of filing, Palo Alto’s Housing Element had not been cer�fied; HCD cer�fica�on was
subsequently received in August 2024. The project also invokes State Density Bonus Law and
Assembly Bill 130, which provides a CEQA exemp�on for qualifying infill housing projects. On
September 22, 2025, the Applicant formally invoked the AB 130 CEQA exemp�on and
demonstrated the Project’s eligibility across all applicable criteria.
While this is not a conven�onal en�tlement pathway, we have taken care to design a project
that is though�ul, appropriately scaled, and reflec�ve of the City's vision for El Camino Real. The
project delivers 183 units of new housing — including 23 units affordable to low-income
households at or below 80% AMI, consistent with AB 1893's affordability requirements. We
recognize that the project's affordability component has evolved since the original filing, and we
are commited to delivering these 23 BMR units as a meaningful contribu�on to the City's
housing goals.
Beyond housing, the project offers tangible community benefits: it brings added vitality and
ac�vates a stretch of El Camino Real that would benefit from reinvigora�on, with an
architecturally engaging building; it improves streetscape condi�ons at the entrance to the
Ventura neighborhood, including enhanced sidewalks; and it is broadly consistent with the El
Camino Real Focus Area Plan and the City’s recently adopted Objec�ve Design Standards.
The project has been subject to thorough review with City staff and appeared before the
Architectural Review Board as required. We received design feedback that we have
incorporated into the current plans — including expanding the third-floor balconies; adjus�ng
the architectural detailing and materials along Curtner Avenue to further enhance the
pedestrian experience; improving the appearance of the parking area and adding trellises along
blank walls to increase visual interest; and improving bicycle circula�on by adding a door that
connects the bike storage room to the garage, giving cyclists mul�ple paths of egress.
We are grateful to City Council, City staff, and the ARB for the �me and rigor they have brought
to reviewing this project. We respec�ully request your support in approving 183 units of new
mul�family housing at 3781 El Camino Real and look forward to delivering much-needed
housing for the Palo Alto community.
Sincerely,
Alex Giovannoto
Vitoria Management, Inc.
President
3781 El Camino Real
Design Updates
Expanded Patios on Podium Level
ARB Comment:
ARB members suggested expanding
the patios at the podium level to
enhance livability and activate the
building's street presence.
Design Response:
1
1 Expanded the patios at the
podium level, maximizing
usable outdoor space for
residents and strengthening
the connection between the
building and the street.
Improved Bike Circulation and Trash Staging
ARB Comment:
ARB members recommended adding a
door connecting the bike room directly
to the garage for improved resident
access.
The City and ARB also recommended
relocating the trash staging area —
previously within the trash termination
room — to a position adjacent to the
street to allow for easier trash
circulation.
Design Response:
1
1 Added direct bike room access
to the garage.
Relocated trash staging to
Curtner Ave frontage for efficient
service access.
2
2
Updated Curtner Frontage
ARB Comment:
Rethink the garage entry materials,
add visual interest to the blank
flanking walls, and improve parking
structure screening particularly from
adjacent properties.
Design Response:
Redesigned the garage entry to
better integrate with the
architecture and added
trellises on either side to
activate the frontage.
Enhanced parking screening
strategy to improve views from
neighboring properties.
1
2
1
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@paloalto.gov
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to
Councilmembers 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: https://www.paloalto.gov/Departments/Planning-Development-Services/Development-
Services/Palo-Alto-Permit-View
2. Select the Planning Application Type.
3. Search for “3781 El Camino Real” and open record by clicking on the blue dot
4. Review the record details on the left side and open the “more details” option
5. Use the “Records Info” drop down menu and select “Attachments”
6. Open the attachment named “C7_3781 ECR_Plans.pdf” and dated 4/22/2026 to review the plan
set.
Direct Link to Project Webpage:
https://www.paloalto.gov/Departments/Planning-Development-Services/Current-Planning/Projects/3781-El-
Camino-Real
Materials Boards:
Color and material boards will be available to view in chambers during the hearing.
May 11, 2026 www.paloalto.gov
3781 El Camino Real
(Builder’s Remedy)
City Council
Presenter:
Steven Switzer, Senior Planner
Zoning:
(CN) Neighborhood Commercial
(RM-30) Medium Density Multiple -
Family Residence District
Adjacent Land Uses:
•Commercial
•Residential
PROJECT LOCATION
1
PROJECT OVERVIEW
•Demo 10,100 sf of commercial space across four (4) parcels
•Demo 14 residential units
•Construct multi-family residential rental project with 183 units
•Seven (7) stories high (83 feet tall)
•Unit Mix:
•Studio (24 Units)
•1 Bedroom (100 units)
•2 Bedrooms (45 units)
•3 Bedrooms (14 Units)
•23 BMR units (>13% minimum), Affordable to 50-80% AMI
•215 parking spaces (183 EV) (36 Tandem)
•144 long term bike spaces
•Lot Merger (Merging four parcels)
2
February 15, 2024 Senate Bill (SB) 330 pre -application submitted (24PLN -00048)
June 10, 2024 Major ARB application submitted (24PLN -00161)
September 22, 2025 Applicant requested consideration under Assembly Bill (AB) 130
(Public Resources Code Section 21080.66)
January 15, 2026 ARB (Recommended Approval 3 -0)
May 11, 2026 City Council
BACKGROUND
3
•Recommended Approval (3-0) and that City Council consider the following conditions of
approval:
•Add third elevator to the northeast wing of the structure.
•Add door to the parking garage from the bike room.*
•Add an off-street loading space.
•Improve the parking garage screening to neighbors.*
•Recess the entrance along El Camino Real to ensure an 8-foot clearance when doors
are open.*
•Expand 3rd-floor balconies, where possible.*
•Streamline balcony materials to reduce transparency.*
•Reduce the visual massing of the structure
•Provide detailed courtyard sections explaining the spa and plantings.
*Items in bold were incorporated into the design.
BACKGROUND (January 15, 2026 – ARB Recommendation)
4
STATE LAW CONSTRAINTS
•“Builder’s Remedy” project as defined in Assembly Bill (AB) 1893.
•The project may not be denied based on inconsistency with the
Zoning Ordinance or Comprehensive Plan land use.
•The project could be denied on finding a specific adverse impact
on public health or safety that cannot be mitigated or avoided.
•The City may only require compliance with objective standards
that would apply to the project if it were proposed on a site that
allows the density requested.
•This project, with a proposed 3.22:1 overall FAR and 152 du/ac
density, would be permitted in the El Camino Real Focus Area.
5
•State Density Bonus Law allows the applicant waivers and/or
concessions from applicable standards.
•AB 130 exempts infill housing projects from CEQA and sets strict
timelines for City review and decision.
•(Informational Purposes only)Conformance with:
•El Camino Real Focus Area Development Standards
•Objective Design Standards
•El Camino Real Design Guidelines
STATE LAW CONSTRAINTS
6
CEQA STATUS
Exempt Pursuant to Assembly Bill (AB) 130 (Public Resources
Code Section 21080.66).
•Statutory Exemption
•Permanent five (5) hearing limit on housing projects
•Sets timelines for Tribal Consultation
(60 days or 135 days)
•30 days to approve/disapprove projects after Tribal
Consultation
7
RECOMMENDATION
Staff Recommends that City Council:
1.Consider the project exempt from California Environmental Quality Act (CEQA) in
accordance with Assembly Bill (AB) 130 (Public Resources Code Section 21080.66);
and
2.Approve the Major Architectural Review applications based on findings and
subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in
Attachment B.
8
STEVEN SWITZER
Senior Planner
Steven.Switzer@PaloAlto.gov
650-329-2321
9
3781 El Camino Real
City Council Meeting
May 11th, 2026
Introduction
Architect: BDE Architecture
•Local firm with over 37 years of experience in the Bay Area
Landscape Architect: The Guzzardo Partnership
•Local firm with over 62 years of experience in the Bay Area
Civil Engineer: Kier & Wright
•Local firm with over 53 years of experience in the Bay Area
Development Advisors: Sares Regis Group of Northern California
•Deep experience in building successful, well-conceived multi family buildings
Property Owner: Giovannotto Family
•Multi-generational Palo Alto residents that have owned the land for over 20 years
Building Homes for Families
3781 ECR Community Benefits
•A meaningful step toward addressing the housing crisis by adding a
planned 183 housing units, including 23 affordable units, to Palo Alto’s
limited housing stock
•Supports Palo Alto’s RHNA housing commitments in its Housing Element
•Includes a broad range of unit types from studios to family-friendly 2-
and 3- bedroom units
•Realizes Palo Alto’s vision for a successful El Camino Real Focus Area
Alignment with Focus Area Goals
The City put forth a vision for El Camino Real that established urban
design principles and guidelines for future projects to create a
coherent and attractive corridor that supports Palo Alto’s housing
goals.
In our project, we see an alignment with the goals and many of the
objective standards of the El Camino Focus Area:
100%
Housing
Project
Building Scale
and Density
Below the
FAR limit
Shields visibility
of parking from
ECR
Exceeds
Parking
Requirements
Includes
Facade
Variation
Enhanced
Ground Floor
Experience
Provides
Affordable
Housing
An Infill Site with Excellent Transit Access
An Underutilized Lot in a Transit Rich Location
Existing Pedestrian Experience
Design 1 – SB 330 App, February 2024
Design 2 – Full Planning Application
Final Design – Submitted March 2026
ARB Feedback:
ARB members suggested expanding the patios at the podium level to enhance livability and activate the
building's street presence.
Design Response:
Expanded the patios at the podium level, maximizing usable outdoor space for residents and
strengthening the connection between the building and the street.
ARB: Expanded Patios on Podium Level
1
ARB Feedback:
ARB members recommended
adding a door connecting the
bike room directly to the garage
for improved resident access.
The City and ARB also
recommended relocating the
trash staging area — previously
within the trash termination room
— to a position adjacent to the
street to allow for easier trash
circulation.
Design Response:
Added direct bike room
access to the garage.
1
1
ARB: Improved Bike Circulation
Relocated trash staging to
Curtner Ave frontage for
efficient service access.
2
2
1
ARB Feedback:
Rethink the garage entry
materials, add visual interest to
the blank flanking walls, and
improve parking structure
screening particularly from
adjacent properties.
Design Response:
Redesigned the garage
entry to better integrate
with the architecture and
added trellises on either
side to activate the
frontage.
Enhanced parking
screening strategy using a
combination of decorative
garage materials, trellises,
and trees.
1
2
1
2
ARB: Updated Curtner Frontage
Sight Lines:
Sight lines
illustrate that
cars can see
150 ft in either
direction during
egress from the
garage.
El
C
a
m
i
n
o
R
e
a
l
Figure 1: Calculated Sight Line Distances at Vehicle Egress Points
Curtner Avenue
150 Foot Sight Lines at Garage Entry
Conclusion
183 New
Apartment Homes,
including 23
Affordable Units.
Add Vitality to
the El Camino
Corridor
Contributes to
Palo Alto’s
Housing Vision
Architectural Review Board
December 4th, 2025
Thank you!
Architectural Review Board
December 4th, 2025Appendix
Located Per Palo Alto
Project Standard:
Palo Alto's Objective Design
Standards (ODS
18.24.030(D)) states that
"vehicle access shall be
located on alleys or side
streets where available".
1
Vehicle Egress
Site Circulation
Landscape: Materials and Plants
From:Jack Farrell
To:Council, City
Subject:Public Comment 5/11/26 Council Meeting
Date:Thursday, May 7, 2026 7:13:13 AM
Attachments:3781 El Camino Real suport lette 5_11_26.docx.pdf
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
i
Good morning,
Please find attached YIMBY Law's correspondence regarding Monday's meeting of the
council, specifically item 7, 3781 El Camino Real.
Sincerely,
Jack Farrell he/him
Research Attorney
267-218-1147
Check out everything we achieved in 2025!
This message needs your attention
This is their first email to you.
Mark Safe Report
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YIMBY Law
2261 Market Street STE 10416
San Francisco, CA 94114
hello@yimbylaw.org
1
05/07/2026
City of Palo Alto
City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Re: 3781 El Camino Real [24PLN-00161]
Dear City Council of Palo Alto,
YIMBY Law is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility and
affordability of housing in California. YIMBY Law sues municipalities when they fail to comply
with state housing laws, including the Housing Crisis Act of 2019 (SB-330). This Council has an
obligation to abide by all relevant state housing laws when evaluating the above captioned
proposal, including the HAA.
When complete, the proposed development at 3781 El Camino Real will include 183 units of
housing, including 23 reserved for low-income residents. We join staff’s recommendation in
urging this Council to follow California law by recognizing its valid AB 130 exemption from CEQA
review and approving all necessary entitlements.
As your staff have already informed you, denials of Builder’s Remedy projects are limited to
circumstances where the hearing body can cite specific, adverse impacts based on prewritten
health and safety standards. It may not be denied based on inconsistency with Zoning
designations or the Comprehensive Plan, and is subject only to ordinances or standards in place
when its SB 330 pre-application was submitted. Under AB 130, Palo Alto must determine its
exemption status by May 26, 2026, or it will be deemed approved.
The SB 330 pre-application vested on February 15, 2024. Palo Alto’s Housing Element was not
certified as substantially compliant until August 20, 2024. The Project proposal is consistent with
the provisions of the Builders’ Remedy; therefore, you must approve the application, or else make
findings to the effect that the proposed project would have an adverse impact on public health
and safety, as described above.
YIMBY Law, 2261 Market Street STE 10416, San Francisco, CA 94114
1
YIMBY Law
2261 Market Street STE 10416
San Francisco, CA 94114
hello@yimbylaw.org
2
Should Palo Alto fail to comply with the law, YIMBY Law will not hesitate to take legal action to
ensure that the law is enforced. I am signing this letter both in my capacity as the Executive
Director of YIMBY Law, and as a resident of California who is affected by the shortage of housing
in our state.
Sincerely,
Sonja Trauss
Executive Director
YIMBY Law
YIMBY Law, 2261 Market Street STE 10416, San Francisco, CA 94114
2