HomeMy WebLinkAbout2026-08-17 City Council Summary MinutesCITY COUNCIL
SUMMARY MINUTES
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Regular Meeting
August 17, 2026
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 5:30 p.m.
Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker
Present Remotely: None
Absent: None
Call to Order
Mayor Veenker called the meeting to order. The clerk called the roll and declared all
Councilmembers present in chambers.
Closed Session
Public Comment:
1. Call-In User (Zoom): An unidentified caller provided comments unrelated to Closed
Session items and was disconnected.
2. Aram J. (Zoom) expressed concern regarding closed-session discussions related to
Cubberley and urged greater transparency, including release of the appraisal. The
commenter supported improvements to Cubberley but stated that the lack of
transparency would cause him to vote against the proposal.
1. CONFERENCE WITH CITY ATTORNEY-EXISTING LITIGATION
Subject: Swinerton v. City of Palo Alto (JAMS Reference # 5100003409)
Authority: Government Code Section 54956.9(d)(1)
One Case, as Defendant
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8
Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)
Negotiating Party: Palo Alto Unified School District City
Negotiators: Ed Shikada, Kristen O'Kane, Sunny Tong
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment
MOTION: Councilmember Lauing moved, seconded by Councilmember Lu, to go into Closed
Session.
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MOTION PASSED: 7-0
Council went into Closed Session at 5:38 p.m.
Council returned from Closed Session at 8:08 p.m.
Mayor Veenker announced no reportable action on either item. Closed Session Item Number 2
is continued to a date uncertain.
Agenda Changes, Additions and Deletions
City Manager Ed Shikada reported no changes or additions to the agenda.
In-Person Public Comment
1. Henry E. urged Council to adopt an ordinance addressing OSVs in residential
neighborhoods and suggested working with Stanford University to provide alternative
parking for individuals of modest means and longer-term housing solutions.
2. Avram F. expressed support for Raymond Goins’ City Council candidacy, citing his social
justice involvement and experience as an Opportunity Center resident, and advocated
for greater diversity on Council.
3. Matt S. expressed concern regarding mass surveillance, urged Council to protect
residents and invited the community to an ALPR awareness rally at King Plaza on August
20.
4. Raymond G. opposed the City’s use of Flock due to concerns regarding collection and
retention of personal data and urged the City to safeguard residents’ information.
Council Member Questions, Comments and Announcements
None.
Consent Calendar
Public Comment:
Avram F. commended Council for Item 4, expansion of the Overnight Warming/Cooling
Location Program to support vulnerable community members and encouraged the City to
pursue additional efforts.
Mayor Veenker asked whether there were any no votes, requests to pull items, or recusals.
There were none.
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MOTION: Councilmember Reckdahl moved, seconded by Councilmember Lu, to approve
Agenda Item Numbers 3-5.
MOTION PASSED: 7-0
3. Adoption of a Resolution Authorizing the City Manager or Their Designee to Transact for
Electric Supplies to Meet the City’s Electrical Needs under Electric Master Agreements;
CEQA Status: Not a project, CEQA Guidelines 15378(b)(5)
4. Approve Expansion of the City’s Overnight Warming/Cooling Location Program, Approve
an Operating Framework for Emergency Inclement Weather Response; CEQA status.
5. Approval of Contract Number C27196410 with Salas O’Brien Engineers, Inc. for an
Amount Not-to-Exceed $298,716 to Provide Professional Design Services for the
Electrification of City Facilities Capital Improvement Program Project PE-24001, for a
Contract Term through August 24, 2029; CEQA Status – Exempt under CEQA Guidelines
Section 15301
City Manager Comments
City Manager Ed Shikada announced that the annual community survey administered by Polco
was underway for randomly selected households, with a second opt-in phase to follow. The
State of the City will be held at Palo Alto High School on August 19, featuring U.S. Table Tennis
Olympian Lily Zhang. Resident registration for the fall Enjoy catalog opens August 20, with non-
resident registration opening August 27. The 43rd annual Festival of the Arts will be held in
Downtown Palo Alto on August 22 and 23, with associated street closures to vehicles. California
Avenue Thursday Live will continue August 27 with additional events in September and
October.
City Manager Shikada reviewed upcoming Council agendas. The August 24 meeting will include
the Independent Police Auditor study session, an OSV parking update and a Buena Vista Mobile
Home Park update. The September 9 meeting will include Council-appointed officer
evaluations, consultant contract management and 470 Olive Avenue. The September 14
meeting will include the proposed parking structure at 375 Hamilton Avenue, water revenue
bonds and Stream Corridor Protections.
Action Items
6. Adoption of an Ordinance Amending Various Palo Alto Municipal Code Chapters in Titles
16 and 18 to Address Changes in State Law and Direction from City Council Regarding
Accessory and Junior Accessory Dwelling Units. CEQA Status: Exempt From the
Provisions of the California Environmental Quality Act (CEQA) Pursuant to Public
Resources Code Section 21080.17 and CEQA Guidelines Section 15061(b)(3).
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Principal Planner Garrett Sauls presented proposed ordinance amendments addressing state
law and previous Council direction regarding ADUs and junior ADUs (JADUs). Changes under SB
543 include calculating floor area and lot coverage based on interior livable space, establishing
an appeals process, increasing allowable units on a single-family lot from 3 to 4, and reducing
the application completeness review period from 30 to 15 business days. Current law allows 1
attached ADU, 1 detached ADU, 1 conversion ADU and 1 JADU on a single-family lot, while
multifamily standards remain unchanged. Staff proposed placing appeals on the Council
Consent Calendar. Staff and the Planning and Transportation Commission (PTC) supported
increasing the maximum ADU size from 1,000 to 1,200 square feet.
Regarding separate sale of ADUs, Principal Planner Sauls reported that state law requires
separate sale of qualifying nonprofit-developed ADUs and permits cities to establish an opt-in
program for other ADUs. Early-adopter jurisdictions have received few applications and
identified barriers including lienholder consent, fees and process uncertainty. Staff considered
an administrative process modeled on SB 9; JADUs would not be eligible for separate sale.
Additional requirements could be imposed but may create barriers for applicants. The PTC did
not recommend incorporating separate sale provisions at this time. Staff recommended
approval of the draft ordinance as revised by the supplemental memorandum and requested
Council direction regarding separate sale.
Item 6 Public Comment:
1. Henry E. opposed the ordinance, stating that ADUs would not effectively address
affordable housing needs and could compromise Palo Alto’s architectural character. The
commenter advocated for landmark protections and alternative housing strategies.
2. John K. supported ADUs but opposed the proposed Table 1 provision, expressing
concern that it could reduce development rights for owners of smaller homes. The
commenter advocated for larger ADUs, separate financing and sale under AB 1033, and
elimination of ADU impact fees.
3. Jeremy L. supported separate conveyance of ADUs to create more affordable
homeownership opportunities, citing the sale of a 749-square-foot ADU in San Jose for
$530,000 as an example. The commenter supported family-sized ADUs and cautioned
against restrictions that could discourage participation.
Councilmember Lu sought clarification regarding Table 1 and Table 2 ADU standards. Principal
Planner Sauls explained that state law guarantees an 800-square-foot detached ADU with 4-
foot side and rear setbacks under Table 1, while most applicants use Table 2 because local
bonus provisions provide greater flexibility. Director Lait confirmed that the proposed
ordinance does not change existing practice.
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Councilmember Lu questioned how sequencing Table 1 and Table 2 ADUs affects eligibility for
the floor area bonus. Director Lait confirmed that sequencing can produce different outcomes
and explained that the existing ordinance incentivizes Table 2 applications to address local
priorities such as privacy and trees. Councilmember Lu expressed interest in addressing
inconsistent outcomes resulting from project sequencing.
Vice Mayor Stone supported the PTC and staff recommendation and questioned whether the
separate-sale provisions were ready for adoption. Director Lait explained that the draft could
move forward but staff preferred additional review. Principal Planner Sauls confirmed that the
PTC recommended waiting for additional data from other jurisdictions.
Vice Mayor Stone questioned the proposed 600-foot notification requirement, particularly for
sale of an existing ADU without new construction. Principal Planner Sauls explained that the
requirement was modeled on SB 9 and could be modified. Vice Mayor Stone supported
notification for new construction and potentially adjacent property owners but otherwise
favored treating separate conveyances like other property sales.
Vice Mayor Stone supported establishing a consistent application fee rather than determining
fees case by case. Director Lait confirmed that staff would establish a consistent fee if Council
pursued separate conveyance.
Director Lait confirmed that Council previously directed staff to explore ADU development
impact fees. Vice Mayor Stone supported separate conveyance as an opportunity to create
more naturally affordable housing in single-family areas.
Mayor Veenker supported exploring separate conveyance of ADUs as a pathway to
homeownership and sought clarification regarding subdivision of the property. Principal
Planner Sauls explained that an ADU would generally be conveyed as an air parcel, although
physical and air parcels could potentially be created simultaneously.
Mayor Veenker questioned how shared property would be managed. Principal Planner Sauls
explained that an HOA-like arrangement would address landscaping, shared access and utilities
through governing documents without City involvement. Mayor Veenker supported further
consideration of separate conveyance and ADU development impact fees.
Councilmember Lythcott-Haims supported the proposed ADU changes and early exploration of
separate conveyance. Councilmember Lythcott-Haims questioned the proposed 1,200-square-
foot maximum ADU size. Principal Planner Sauls explained that state law establishes a 1,200-
square-foot maximum for detached ADUs under local standards but that attached ADUs could
potentially exceed that size.
Councilmember Lythcott-Haims expressed concern regarding ADU impact fees, emphasized
incentivizing ADU development, and hoped staff’s analysis would return to Council before the
end of the year.
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Regarding separate conveyance, Councilmember Lythcott-Haims questioned using the City’s SB
9 process as a framework rather than AB 1033. Principal Planner Sauls explained that the
ordinance incorporates AB 1033 requirements while using SB 9 as the procedural framework.
Councilmember Lythcott-Haims favored targeted revisions and returning the ordinance to
Council on the Consent Calendar, removing the broader notification requirement, and
establishing a consistent fee.
Councilmember Burt confirmed that previous Council direction regarding development impact
fees included consideration of replacing smaller homes with larger homes and potentially
basing fees on bedrooms or square footage. Director Lait confirmed that analysis is underway.
Councilmember Burt supported ADUs but raised concerns regarding allowing up to 4 on a
parcel. Staff clarified that project sequencing could allow up to 1,600 square feet beyond base
zoning allowances and that no minimum parcel size applies.
Councilmember Burt raised concerns regarding ADU privacy impacts. Principal Planner Sauls
explained that Table 2 includes privacy requirements, while Director Lait clarified that state law
prevents similar restrictions on Table 1 projects. Councilmember Burt encouraged
consideration of an outcome-based privacy standard.
Councilmember Reckdahl questioned enforcement of affordability requirements for deed-
restricted ADUs and restrictions prohibiting JADUs from short-term rental use. Director Lait
explained that short-term rental restrictions are enforced on a complaint basis.
Councilmember Reckdahl viewed separate conveyance as an opportunity for relatively
inexpensive homeownership but raised concerns regarding disputes between owners sharing a
small HOA. Director Lait explained that such matters would be governed by private agreements
without City involvement. Councilmember Reckdahl encouraged careful study of unintended
impacts before proceeding.
Councilmember Reckdahl questioned whether tenant protections or relocation assistance
would apply when a rental ADU is converted for separate sale. Director Lait responded that
existing requirements apply at a higher unit count and staff does not anticipate ADU-specific
protections.
Councilmember Lauing questioned whether different lot-size requirements could apply to
separately owned and rental ADUs. City Attorney Chris Jensen cautioned that such restrictions
could present legal challenges. Councilmember Lauing supported considering a residential-use
requirement to ensure ADUs provide housing rather than serve as offices or pool houses.
Councilmember Lauing favored additional PTC review before proceeding with separate
conveyance. Director Lait explained that Council could instead provide specific direction and
return an ordinance directly to Council this year but cautioned that additional complexity could
affect other workplan priorities.
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Regarding development impact fees, Councilmember Lauing distinguished replacement of a
smaller home with a larger home from construction of additional ADUs and encouraged
considering the additional demand on City services associated with new residents.
Councilmember Lu favored moving forward with separate conveyance through a simple,
streamlined program without additional restrictions such as AMI requirements, with the ability
to modify the ordinance if concerns arise. Councilmember Lu supported extending the floor
area exemption to Table 1 ADUs to address differing allowances based on project sequencing
and hoped Council could begin implementation of separate conveyance.
Councilmember Lythcott-Haims supported the 1,200-square-foot maximum as an opportunity
for older homeowners to downsize into an ADU while making the primary residence available
to the housing market. Councilmember Lythcott-Haims supported moving forward with
separate conveyance to expand more affordable homeownership opportunities.
Councilmember Lythcott-Haims moved to approve the draft ordinance, including the 1,200-
square-foot maximum and Attachment C allowing separate conveyance, with removal of the
600-foot notification requirement and establishment of a consistent application fee. Vice
Mayor Stone seconded the motion. The maker and seconder worked with the clerk to refine
the motion language.
Councilmember Lu questioned the residential-use requirement for separately conveyed ADUs.
Principal Planner Sauls explained that the provision was intended to ensure the units function
as residences rather than semi-commercial spaces. City Attorney Jensen noted that certain uses
are allowed by right under state law and recommended language avoiding conflicts with state
requirements. Councilmember Lu proposed allowing Table 2 ADUs up to 1,400 square feet but
withdrew the proposal after City Attorney Jensen clarified that state law caps locally regulated
ADUs at 1,200 square feet.
Councilmember Lauing clarified that the PTC voted 6-0 to recommend approval of the ADU
ordinance changes but recommended that the separate conveyance provisions return to the
PTC for further consideration. Councilmember Lauing favored allowing the PTC to complete its
review of the separate conveyance ordinance before returning the matter to Council,
potentially on the Consent Calendar. Councilmember Lauing moved a substitute motion
directing staff to return to the PTC with an ordinance allowing separate conveyance of ADUs.
Councilmember Reckdahl seconded the substitute motion.
Councilmember Lythcott-Haims opposed the substitute motion and Vice Mayor Stone
questioned the need for additional PTC review. Principal Planner Sauls explained that the PTC
had discussed separate conveyance but determined that insufficient regional data were
available to make a recommendation. Councilmember Lythcott-Haims favored adopting the
ordinance and modifying it later if implementation concerns arose.
Councilmember Burt favored the substitute motion and additional PTC and staff review.
Principal Planner Sauls clarified that the PTC lacked sufficient data to recommend proceeding
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and had not fully considered the 600-foot notification requirement, application fee, residential-
use restriction, parking requirements or minimum parcel sizes. Councilmember Burt viewed
those unresolved issues as reasons for further PTC review.
Councilmember Lauing emphasized that the PTC had not rejected separate conveyance and
stated that returning the matter for additional review would allow Council to provide clearer
direction and a defined timeline. Councilmember Lu indicated willingness to support the
substitute motion if the direction specified that staff return to the PTC with an ordinance
providing for streamlined ADU conveyance rather than merely further exploration of the
concept. Councilmember Lauing and Councilmember Reckdahl accepted the modification.
Following discussion of timing, the maker and seconder further agreed that the ordinance
would return to Council before the end of 2026.
Councilmember Lythcott-Haims maintained that Council, staff and the PTC had completed the
requested process and favored proceeding with separate conveyance rather than awaiting
additional regional data. Councilmember Burt emphasized that the revised substitute motion
provides the PTC with more specific direction and a defined timeline for developing an
ordinance.
MOTION: Councilmember Lythcott-Haims moved, seconded by Vice Mayor, to:
A) Approve staff & Planning and Transportation Commission recommendation;
B) Direct staff to return to Council on Consent Calendar an ordinance to allow for separate
ADU conveyance (attachment C) with the feedback provided by council, including:
1. Removal of the 600-foot notice requirement
2. Require units be used only for residential purposes
3. Clarify Section M of the Ordinance related to fees and establish a set fee
MOTION PASSED/FAILED: X-X
SUBSTITUTE MOTION: Councilmember Lauing moved, seconded by Councilmember Reckdahl,
to:
A) Approve staff & Planning and Transportation Commission recommendation outlined in
the packet;
B) Direct staff to return to Planning and Transportation Commission with an Ordinance to
allow streamlined separate ADU conveyance, and come back to Council with their
recommendation before the end of 2026.
SUBSTITUTE MOTION PASSED: 4-3, Stone, Veenker, Lythcott-Haims no
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7. PUBLIC HEARING/QUASI-JUDICIAL. 762 San Antonio Road [24PLN-00120]: Request for
Approval of a Major Architectural Review Application to Demolish Three Existing
Commercial Buildings and Construct an Eight-Story Multi-Family Residential Building
Containing 228 Rental Apartments. The Project is Proposed in Accordance with
California Government Code Section 65589.5(d)(5) “Builders Remedy". CEQA Status: An
Addendum to the Previously Certified Environmental Impact Report for the Housing
Incentive Program Expansion and 788 San Antonio Mixed Use Project (SCH #
2019090070) has Been Prepared. Zoning District: CS (AD); Service Commercial
(Automobile Dealership).
Associate Planner Kristina Dobkevicius presented the Major Architectural Review application
for 762 San Antonio Road. A compliant SB 330 preapplication was submitted in January 2024,
so the project is evaluated under development standards in effect at that time. The project
underwent 2 ARB hearings and would combine 2 parcels into an approximately 2-acre site. The
project would demolish 3 commercial buildings and construct an 8-story development with 228
rental units, including 30 low-income units, 284 parking spaces, and 228 long-term bicycle
parking spaces. As a Builder’s Remedy project, the City may apply only objective standards
allowing the proposed density, with the El Camino Real Focus Area providing the applicable
zoning framework. The applicant seeks waivers under State Density Bonus Law.
Following ARB review, revised plans included increased transparency and activation along San
Antonio Road, additional vertical breaks and upper-level stepbacks, and refinements to
materials and colors. An addendum to the previously certified EIR determined that the project
remains within the scope of the previous environmental analysis. For Waiver 2, staff
recommended allowing the 6-foot upper-floor stepback to begin at 65 feet rather than the
required 55 feet. For Condition of Approval 99, staff recommended language clarifying fire-flow
requirements and the developer’s fair-share responsibility for utility upgrades. Staff
recommended approval subject to the Conditions of Approval in the RLUA.
Hengehold Trucks Owner Matt Hengehold described the family business’s longstanding
presence on San Antonio Road and partnership with Acclaim Companies to redevelop the site
while honoring its legacy. Hengehold stated that the 228-unit development, including 30 low-
income units, would advance the SARAP goals for higher-density housing and enhanced
pedestrian and bicycle access.
Acclaim Companies Partner Gary Johnson stated that the project team worked with Planning
staff for approximately 3.5 years to develop a financially feasible project. Acclaim Partner
Johnson requested 2 RLUA revisions: Condition of Approval 99 language limiting responsibility
for additional utility capacity consistent with other Builder’s Remedy projects and extension of
the 2-year entitlement expiration. Acclaim Partner Johnson explained that additional time may
be needed to complete construction documents and secure financing.
Studio T-SQ Project Architect Chris Lee presented the revised design following 2 rounds of ARB
review. The 8-story building incorporates transparent ground-level amenity spaces, upper-level
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stepbacks, rooftop gardens, and a south-facing courtyard. A 50-foot setback along San Antonio
Road continues the adjacent hotel setback and provides space for enhanced bicycle and
pedestrian facilities. Architect Lee explained that vertical elements, roof articulation, and varied
materials are intended to reduce the perceived scale and create a residential character.
Mayor Veenker requested disclosures from Councilmembers regarding the quasi-judicial
matter. Councilmember Lythcott-Haims disclosed previous phone or Zoom conversations with
the applicant consistent with conversations held with other Builder’s Remedy applicants and
stated that no information was received beyond what was presented at the meeting.
Councilmember Burt inquired about the bicycle lane setback along San Antonio Road. Planning
and Development Services Director Jonathan Lait explained that the City requires a special
setback along San Antonio Road and that the project does not encroach into that area.
Regarding the upper-floor stepback, Planning Manager Claire Raybould stated that the El
Camino Real Focus Area requires the stepback to begin at 55 feet with a depth of 10 feet.
Mayor Veenker questioned how the project’s 30 low-income units exceed the capacity
identified in the Housing Element, which contemplated a combined 44 low-income units for the
2 sites. Director Lait indicated that staff would review the figures and respond following public
comment.
Public Comment:
1. Henry E. opposed the project and advocated preserving existing industrial structures
along San Antonio Road for an arts district. The commenter argued that needed housing
should instead be concentrated near existing retail and amenities and encouraged a
broader vision centered on arts, humanities and technology.
2. Jamie A., representing the North Coast States Carpenters Union, raised concerns
regarding labor conditions on large construction projects and urged that project workers
receive livable wages and healthcare coverage. The commenter encouraged Council to
revisit citywide labor standards for discretionary projects and noted that further
discussions with the developer were planned.
3. Joan L., a resident of 777 San Antonio Road, opposed the project based on traffic and
safety concerns, citing congestion and potential emergency vehicle access issues. The
commenter noted the lack of bus service and bicycle lanes and questioned whether
future bicycle lanes would require removal of street trees.
4. John P., a resident of The Greenhouse at 777 San Antonio Road, raised concerns
regarding bicycle safety, particularly at intersections, and suggested considering an
alternate bicycle route such as Montrose Avenue. The commenter encouraged use of
recycled water for the project.
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5. Penny E., speaking as an individual, questioned whether PABAC had reviewed the
project’s bicycle and pedestrian components and whether bicycle lanes would be
completed before project occupancy. The commenter favored the required 12-foot
shared walkway rather than the requested 10-foot width and requested earlier
scheduling of future South Palo Alto items.
Councilmember Lauing appreciated the applicant’s responsiveness to ARB input and retention
of the special setback and encouraged consideration of additional affordable units. Director Lait
stated that staff supports its proposed language for Condition of Approval 99 and does not
recommend changing the entitlement timeline because the existing 2-year approval with a 1-
year extension provides up to 3 years. Regarding the requested reduction of the 12-foot path
between the bicycle room and sidewalk to 10 feet, Director Lait explained that the waiver is
permitted under State Density Bonus Law and meets statutory requirements.
Councilmember Burt questioned whether the lack of bus pull-outs limits VTA service along San
Antonio Road and emphasized the need for greater public transit access as the area develops.
Director Lait indicated that staff would follow up with the Office of Transportation. Director Lait
further clarified that the requested reduction from 12 feet to 10 feet applies to the pathway
between the project’s bicycle room and the public right-of-way rather than a bicycle lane.
Councilmember Burt emphasized the importance of upper-floor stepbacks in reducing the
perceived massing of 8-story buildings and favored retaining the required 10-foot stepback.
Councilmember Burt indicated potential willingness to allow the stepback to begin at 65 feet
rather than 55 feet if the 10-foot depth is retained.
Councilmember Lythcott-Haims supported the increased density and alignment with the
SARAP, encouraged incorporation of public art, and expressed support for livable wages,
healthcare, apprenticeships, and local labor on construction projects.
Regarding Condition of Approval 99, Acclaim Partner Johnson clarified that the applicant seeks
language specifying that the developer would not be responsible for costs associated with
excess utility capacity requested by the City, consistent with 2 recently approved Builder’s
Remedy projects.
Councilmember Lythcott-Haims questioned whether the existing 2-year entitlement period
with a 1-year extension provides sufficient time. Acclaim Partner Johnson explained that
approximately 2 years may be required to complete design and construction documents, with
additional time needed for permitting and financing. Director Lait noted that Council previously
extended the entitlement period for another San Antonio Road project.
Councilmember Lu asked whether the City had previously allowed an entitlement period longer
than 2 years. Director Lait responded that the standard entitlement period was increased from
1 year to 2 years approximately 6 years ago and that he was unaware of any precedent for a
longer initial period. Councilmember Lu supported extending the project’s initial entitlement
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period to 2.5 years to facilitate implementation of the SARAP and expressed interest in
considering longer periods for sufficiently complex projects.
Councilmember Reckdahl supported the project’s special setback and questioned whether 228
bicycle parking spaces would be sufficient for 341 bedrooms given the site’s proximity to
Google and Caltrain. Architect Lee indicated that additional bicycle racks could be provided and
Councilmember Reckdahl encouraged the applicant to reconsider the amount of bicycle
parking. Architect Lee explained that trash collection would be staged entirely on the property
along Leghorn Street rather than on the sidewalk.
Councilmember Reckdahl questioned whether solar panels shown on the plans would be
installed during construction. Architect Lee explained that the project would comply with
CALGreen requirements but the final solar capacity would depend on the rooftop mechanical
equipment and access layout. Infrastructure would be provided to accommodate the panels.
Councilmember Reckdahl supported retaining the upper-floor stepback to reduce the perceived
massing of the 8-story building. Architect Lee explained that the design team evaluated the
stepback but the building configuration and shorter San Antonio Road frontage made the
required stepback difficult to accommodate while maintaining functional units. Acclaim Partner
Johnson added that the required stepback would make the units unmarketable.
Mayor Veenker appreciated Acclaim Partner Johnson’s responsiveness to the North Coast
States Carpenters Union and expressed hope that workers on the project would receive livable
wages and appropriate benefits. In response to Mayor Veenker’s earlier question regarding the
Housing Element, Planner Dobkevicius clarified that the project provides fewer affordable units
than anticipated for the 2 sites but more total units and meets the 30 percent BMR
requirement for a Builder’s Remedy project. Director Lait indicated that the staff report may
contain an error regarding the affordable unit comparison.
Mayor Veenker sought clarification regarding the relationship between the project and future
bicycle improvements contemplated through SARAP. Director Lait explained that bicycle lanes
are not part of this development and that the project is expected to be constructed before
bicycle facilities are established along San Antonio Road through the separate SARAP process.
Mayor Veenker questioned the requested waiver of open-space landscaping requirements from
20 percent to 15 percent on the 4th floor and to none on the 8th floor. Architect Lee explained
that City standards do not allow stormwater treatment planters to count toward the
requirement and that including those landscaped areas would allow the project to meet the
standard.
Councilmember Burt moved to approve the staff recommendation, including the Conditions of
Approval in Section 4, with Waiver 2 modified to allow the 6-foot upper-floor stepback
beginning at 55 feet. The motion included a referral directing staff to evaluate options for
accelerating the San Antonio Road bicycle lane initiative and return to Council for review
Councilmember Reckdahl seconded.
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Speaking to the motion, Councilmember Burt explained that allowing the requested 6-foot
stepback while retaining the 55-foot starting height would address the applicant’s concerns
regarding unit depth while better reducing the perceived height and massing along the street.
City Attorney Jensen noted that the stepback modifications were requested as a Density Bonus
waiver and recommended determining whether the applicant would accept Councilmember
Burt’s proposed modification. Acclaim Partner Johnson declined, explaining that the project’s
65-foot starting height was necessary to maximize developable square footage and maintain
project feasibility. Architect Lee added that beginning the stepback at 55 feet would affect the
building proportions and that the 6-foot depth was necessary to maintain marketable unit
dimensions. Councilmember Burt expressed disappointment that the applicant would not
accept the modification. City Attorney Jensen and Chief Assistant City Attorney Caio Arellano
recommended amending the motion. Councilmembers and staff worked to revise the motion
language.
MOTION: Councilmember Burt moved, seconded by Councilmember Reckdahl, to:
1. Consider the Addendum to the previously certified Environmental Impact Report (EIR)
(SCH#2019090070) (Attachment F); and
2. Approve the Major Architectural Review application based on findings and subject to
conditions of approval in the Record of Land Use Action (RLUA) in Attachment B
a. Including SECTION 4 conditions of approval; and,
b. To modify conditions of approval 99 as follows:
c. Modify SECTION 1. Background. B. to read:
Waiver 2: Upper Floor Stepback (6-foot stepback where 10-foot is required) and
stepback beginning at 65 feet in height rather than 55 feet.
3. Refer to staff to evaluate and return to Council with a review of accelerating the San
Antonio Road bike lane initiative.
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MOTION PASSED: 7-0
Virtual Public Comment
None.
Adjournment: The meeting was adjourned at 11:28 p.m.