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Staff Report 2604-6295
CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, August 17, 2026 Council Chambers & Hybrid 5:30 PM Agenda Item 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). Public Comment, Staff Presentation, Applicant Presentation CITY COUNCIL Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: August 17, 2026 Report #: 2604-6295 TITLE 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). RECOMMENDATION Staff recommend that the City Council: 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. EXECUTIVE SUMMARY The applicant requests approval of a Major Architectural Review application to demolish three existing commercial buildings and to construct an eight-story multi-family residential development containing 228 rental apartments, including 30 deed-restricted below-market- rate units affordable to lower-income households (Attachments E and F). The project includes three levels of above-grade parking, residential amenity spaces, landscaping, and associated site improvements on an approximately two-acre site located at 762 San Antonio Road (Attachment A). The project qualifies as a Builder's Remedy project pursuant to Government Code Section 65589.5(d)(5) and is subject to the Housing Accountability Act, Senate Bill (SB) 330, Assembly Bill (AB) 1893, and State Density Bonus Law. The applicant submitted a complete SB 330 pre- application on January 9, 2024, which established the applicable development standards for project review. The Architectural Review Board (ARB) recommended approval of the project on June 4, 2026. Staff find that the project is consistent with relevant plans and regulations, as modified by State housing laws, and satisfies the required findings. The project would contribute toward the City's housing goals through the construction of 228 residential units, including 30 units rented at a rate affordable to low-income households. Accordingly, staff recommend that the City Council approve the Major Architectural Review application, subject to the conditions contained in the Record of Land Use Action. BACKGROUND 1 At that hearing, the ARB provided feedback regarding building massing and scale, architectural articulation, materiality, landscaping, open space design, pedestrian experience, circulation, and rooftop amenities. 1 August 7, 2025, ARB Staff report: https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=8368&meetingTemplateType=2&compiledMeeting DocumentId=15247 Because the California Environmental Quality Act analysis was not yet complete, the ARB continued the project to a date uncertain.3 4 and recommended approval of the Major AR application with the following modifications.5 In forwarding its recommendation for approval, the ARB found that the project demonstrated meaningful improvements to the building's architectural expression, pedestrian orientation, open space design, and overall site planning, while supporting the City's housing objectives. Following the ARB recommendation, the applicant submitted revised plans on July 14, 2026. The revisions did not materially alter the approved project design and were limited to incorporating minor refinements and providing additional information, including unit floor plans, for City Council review and consideration. Architectural Review – Major (AR): The process for evaluating this type of application is set forth in Palo Alto Municipal Code (PAMC) 18.77.070. Major AR applications are reviewed by the ARB and recommendations are forwarded to the Planning & Development Services Director for action within five business days of the Board’s recommendation. Pursuant to PAMC Section 18.40.170, the Director may forward decision on the application to the City Council. 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 qualifies as a “housing development project,” including housing for very low-, low-, or moderate- income households under the Housing Accountability Act. Pursuant to Government 3 August 7, 2025, ARB meeting minutes: https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=16790&compileOutputType=1 4 June 4, 2026, ARB Staff report: https://cityofpaloalto.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=8ce5486d-350f- 4f5b-9197-f5164813cdc8 5 June 4, 2026, ARB meeting minutes: https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=19489&compileOutputType=1 Code Section 65589.5, the City may not deny or impose conditions of approval that would render the project infeasible unless it makes specific written findings, including a finding of a specific, adverse impact to public health or safety that cannot be mitigated. Builder’s Remedy (Government Code §65589.5(d)(5) and AB 1893): The project is proposed as a Builder’s Remedy project and is therefore subject to streamlined application of objective standards. The City’s review is limited to objective zoning, design, and development standards that are applicable to residential development of the proposed density. The project may not be conditioned or reduced in a manner that would preclude development consistent with applicable State law protections. ANALYSIS The applicant requests multiple waivers from objective development standards related to building articulation, façade activation, open space provisions, pedestrian access dimensions, and setback requirements (Attachment D) that would preclude development at the proposed density. Pursuant to Government Code Section 65589.5, a Builder’s Remedy project cannot be denied on the basis of inconsistency with the City‘s zoning or Comprehensive Plan land use designation. Moreover, a project’s consistency with City regulations is judged after the application of waivers under State Density Bonus Law, which must be granted unless the City can make findings supported by substantial evidence that the standards do not physically preclude development of the project at the proposed density or that denial is necessary to protect public health and safety. Consistency with the Comprehensive Plan, Area Plans, and Guidelines9 The Comprehensive Plan land use designation for the project site is Service Commercial, which states: "Consistent with the Comprehensive Plan's encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations.” The project is not located near a transit center; however, it is consistent with other relevant goals and policies of the Comprehensive Plan that encourage high density housing growth along this corridor. Moreover, both sites are identified as Housing Inventory Sites under the adopted Housing Element, albeit at a lower density. The proposed density is discussed further below. A detailed review of the project’s consistency with relevant goals and policies set forth in the Comprehensive Plan is provided in the RLUA (Attachment B). However, staff notes that the proposed application was filed in accordance with the Builder’s Remedy provision in the Housing Accountability Act. This provision applies to jurisdictions where a compliant Housing Element has not been adopted by the jurisdiction and certified by the Department of Housing and Community Development (HCD). Although the City has an adopted and certified Housing Element as of August 2024, the compliant SB 330 pre-application was filed on January 9, 2024, and therefore froze development standards in effect at the time of submittal. Therefore, even 9 The Palo Alto Comprehensive Plan is available online: https://www.paloalto.gov/Departments/Planning-Development- Services/Housing-Policies-Projects/2030-Comprehensive-Plan though the project is arguably inconsistent with the Comprehensive Plan because the proposed density exceeds what would be allowed absent the application of State laws, it cannot be denied on this basis. Housing Element Projections and Proposed Density San Antonio Road Area Plan 11 The plan covers approximately 275 acres along the Palo Alto–Mountain View border and seeks to guide long-term transformation of the corridor into mixed-use neighborhoods with improved access to transit, employment, community services, and recreation. The planning effort includes evaluation of land use changes, housing capacity, and multi-modal mobility improvements, including connections to the San Antonio Caltrain station and nearby destinations such as the Cubberley Community Center and Baylands Nature Preserve. 11 San Antonio Road Area Plan: https://www.paloalto.gov/Departments/Planning-Development-Services/Housing-Policies- Projects/San-Antonio-Road-Area-Plan The project has been designed to comply with the existing San Antonio Road special setback requirements. The proposed improvements are located outside of the required setback area and do not preclude the City from pursuing future streetscape, transportation, or mobility improvements contemplated as part of the San Antonio Road Area Plan. 13 Comparison to PAMC 18.14.020 El Camino Real (ECR) Focus Area Standards 13 The Palo Alto Zoning Code is available online: https://codelibrary.amlegal.com/codes/paloalto/latest/overview •Upper Story Step-back: Per PAMC 18.14.020 Table 3: The project provides a six-foot step-back where 10-foot step-back on El Camino Real (the major street frontage) is required. •Garage openings: Per PAMC 18.14.020 Table 3: Note (4) b: On the Leghorn Street frontage, 83% of the frontage is dedicated to garage openings, loading entries, and utility access, where no more than 50% is allowed. Comparison to PAMC 18.24 Contextual Design Criteria and Objective Design Standards In addition to the base development standards, the project is subject to applicable objective design standards in PAMC Chapter 18.24. The applicant requests waivers to allow the project to deviate from the following standards as detailed in Attachment D and E: •Pedestrian Walkways: Per PAMC 18.24.020(b)(1)(C): Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side. The entry to the bike room south of the main entrance is eight feet wide but provides only 2 feet of landscaping on one side for a total width of 10 feet, where 12 feet with 2 feet of landscaping on each side is required. Waiver is also needed for bike room access from Leghorn, where proposed bike room access is 5'-0" wide. •Side and Rear Step Backs: Per PAMC 18.24.050(b)(1)(B): On the side and rear elevations, the step back shall occur for a minimum of 70% of each façade length and shall occur between 33 and 37 feet in height when adjacent to one-story buildings. By contrast for the Project, the North elevation provides a 44.8% step-back; the South elevation provides a 35.5% step-back. •Side Street Step Back: Per PAMC 18.24.050(b)(1)(A) and (B): On the Leghorn side, the required upper floor step back extends 45% of the frontage where 70% is required. (Note: for both of these, the plans dimension all the way across the building façade, however we understand the City proposed to count only the portion adjacent to each individual frontage, so that the portions of the building “behind” the 780 San Antonio parcel do not count). •Façade Transparency: Per PAMC 18.24.060(c)(6)(A) and (B): On the Leghorn Street frontage, the Project does not provide 14-foot floor-to-floor and 50% transparency. If the Project had to provide 50% transparency storefront space on the ground level with 14 feet double-height, the design would reduce the building area by approximately 480 SF (assuming a 20' deep active space). •Screening of Above Grade Parking: Per PAMC 18.24.060(c)(7)(B): On the Leghorn Street frontage, the above grade parking is not lined with commercial or habitable uses with a minimum depth of 20 feet. •Common Open Space Landscaping: Per PAMC 18.24.080(b)(2)(F): The fourth-floor common open space is 15% landscaped, and the eighth-floor common open space contains no planting, where a minimum of 20% is required. Multi-Modal Access & Parking th, 2026 to gather feedback on possible locations for artwork and the artist they are considering for the project. The Public Art Commission was very supportive of the artist under consideration. Areas for art integration focused on the San Antonio Road side of the building and mostly focused on architecturally integrated artworks on the exterior of the building. The applicant will return to the Public Art Commission for a Final Review and approval of the artwork in the coming months. Code Section 65589.5, State Density Bonus Law, and the project’s Builder’s Remedy status, these inconsistencies do not constitute a basis for denial where the requested waivers are necessary to accommodate the proposed residential density and where no specific adverse impact to public health or safety has been identified. Accordingly, staff recommend that the City Council approve the project. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW The project remains within the scope of the impacts analyzed in the certified 2020 EIR, and all applicable mitigation measures continue to apply. Accordingly, an Addendum prepared pursuant to CEQA Guidelines Section 15164 is appropriate, and no subsequent or supplemental EIR is required. ATTACHMENTS APPROVED BY: 24 24 15 15Bu ng 14 Building 4 Building 3 Bu ilding 15 Building 1 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 304.8 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 94.1' 73.8' 95.3' 457.3 ' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 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242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 250.0' 242.4' 73.8' 94.1' 287.1' 198.0 ' 147. 147.0' 34.3' 345.4 ' 287.1' 282.3 ' 136.6' 118.1' 159.4' 102.4' 27.9' 159.4' 219.8' 180.6' 126.6 ' 97.2' 107.4' 409.8' 107.4' 409.8' 180.6' 71.8' 53.8' 62.9' 250.1' 137.7 ' 250.1' 744 750 765 777 720 788 748 780 762 760 SA N ANTONIO ROAD LEGHORN STREET CS(AD) CS This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Highlighted Features 0'70' Attachment A Location Map 762 San Antonio CITYOF PALOALTO I NC O R P O R A TED CALIFORNIA P a l o A l t o T h e C i t y o f APRIL 1 6 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto ekallas, 2024-10-01 21:29:14 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) 1 1 0 4 0 1 DRAFT ACTION NO. 2026-__ On August 10, 2026, the City Council of the City of Palo Alto (“City Council”) approved a Major Architectural Review application for development of 228 residential rental units (“the project”). In approving the application, Council makes the following findings, determinations, and declarations: SECTION 1. Background. A. On January 9, 2024, Acclaim Companies filed a compliant pre-application (24PLN-00011) 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 April 23, 2024, Acclaim Companies filed an Architectural Review application (24PLN-00120) for construction of a 228-unit residential rental project. The project includes 30 deed-restricted low-income 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: Garage Opening (83% of frontage where 50% are allowed) Waiver 2: Upper Floor Step-back (6-foot step-back where 10-foot is required) Waiver 3: Bicycle access and clearance (2 feet of landscaping on one side for a total width of 10 feet, where 12 feet with 2 feet of landscaping on each side is required and 5-foot wide bike room access along Leghorn where 12 feet is required) Waiver 4: Side and Rear Elevation Step-back (the North elevation provides a 44.8% step-back, the South elevation provides a 35.5% step-back where 70% of each façade length step-back shall occur between 33 and 37 feet in height when adjacent to one-story buildings) Waiver 5: Front Upper Floor step-back (On the Leghorn side, the required upper floor-step back extends 45% of the frontage where 70% is required) Waiver 6: Storefront transparency (On the Leghorn Street frontage, the Project does not provide 14-foot floor-to-floor and 50% transparency) Waiver 7: Above-Grade Parking (On the Leghorn Street frontage, the above grade parking is not lined with commercial or habitable uses with a minimum depth of 20 feet.) Waiver 8: Open Space (The fourth-floor common open space is 15% landscaped, and the eighth-floor common open space contains no planting, where a minimum of 20% is required). 2 1 0 4 0 1 C. On August 7, 2025, following staff review, the Architectural Review Board held a duly noticed public hearing to review the formal Major Architectural Review application (24PLN-00120) to provide initial feedback on the design. D. On June 4, 2026 the Architectural Review Board held a duly noticed public hearing to consider the addendum to the previously certified Environmental Impact Report (EIR) (SCH#2019090070) and recommend approval of the Major Architectural Review application. E. On August 17, 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. F. The project site is comprised of two existing lots: APN No. 147-05-012, approximately 43,562 square feet and APN No. 147-05-102, approximately 43,558 square feet; occupied by the Hengehold Truck Rental facility and associated commercial structures totaling approximately 8,628 square feet; Adjacent uses include a mix of auto service, office, hotel and multi-family uses. SECTION 2. Environmental Review. The City, as the lead agency for the Project, has prepared an Addendum to the Previously Certified Environmental Impact Report (EIR) for the Housing Incentive Program Expansion and 788 San Antonio Mixed Use Project (SCH # 2019090070) consistent with the California Environmental Quality Act (CEQA) Guidelines. The project remains within the scope of the impacts analyzed in the certified 2020 EIR, and all applicable mitigation measures continue to apply. Accordingly, an Addendum prepared pursuant to CEQA Guidelines Section 15164 is appropriate, and no subsequent or supplemental EIR is required. 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. Finding 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. The project is consistent with Finding #1 because: 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, 3 1 0 4 0 1 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 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. Land Use and Community Design Element Goal L-1 A compact and resilient city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities and open spaces. 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. 4 1 0 4 0 1 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan Policy L-1.4: Commit to creating an inventory of below market rate housing for purchase and rental. The proposed residential project includes 228 rental units, and 13 percent of the proposed units would be provided at a rate affordable to low-income households. This would add 30 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. 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 San Antonio Road, defined by a mix of commercial uses and housing. The City is recommending a Class IV separated Bikeway which will run along the project’s frontage on San Antonio Road to San Antonio Caltrain Station. 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 San Antonio Road provides a sidewalk and new street trees for an inviting streetscape. The project includes high quality materials such as aluminum storefronts, stone facade panels, glass and metal railings 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 located inside of the building on the ground floor and partially on the second and third levels of the eight story building. Further, 284 parking spaces would be provided on-site exceeding the El Camino Real focus area parking requirements of 228 spaces. Transportation Element Policy T-3.7 Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, The project includes direct connections to the sidewalk that help to activate the frontage 5 1 0 4 0 1 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan outdoor furniture, art and interesting architectural details. along San Antonio Road in addition to new street trees and plantings. 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 6 trees and replaces with 25 trees, which are proposed to be located along property lines, in the right of way, and within open space areas. Finding 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 incorporates a cohesive contemporary architectural design with consistent materials, façade articulation, landscaping, and integrated common open space areas that create a functional and attractive residential environment. The site does not contain historic resources or significant natural features. Newly planted landscaping and canopy trees will enhance the streetscape and pedestrian experience. The project has been evaluated against applicable objective zoning and design standards, including the El Camino Real Focus Area standards and PAMC Chapter 18.24. Where the project does not comply with an objective standard, the applicant has requested waivers pursuant to State Density Bonus Law and the Housing Accountability Act as detailed in section 1 of this Record of Land Use Action. The building incorporates upper-level step-backs, façade modulation, material variation, and landscaping to reduce perceived massing and provide appropriate transitions to surrounding commercial, office, hotel, and residential uses. The project also enhances living conditions through the provision of common open space, rooftop amenities, bicycle facilities, and pedestrian-oriented design features. 6 1 0 4 0 1 Finding 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 proposed project incorporates a contemporary architectural design with a cohesive palette of high-quality materials, including stone-textured tile, metal panels, glazing, and textured exterior finishes that are integrated throughout the building façades. The revised design simplifies the material palette and color scheme in response to prior ARB feedback and incorporates additional façade articulation, vertical modulation, and enhanced pedestrian-level detailing to improve the overall architectural quality of the project. The project includes substantial glazing, landscaping, rooftop amenity areas, and pedestrian- oriented ground-floor elements that contribute to an active and visually engaging streetscape along San Antonio Road and Leghorn Street. The building design, materials, textures, and architectural detailing are compatible with the evolving mixed-use and residential character of the surrounding corridor and enhance the visual quality of the site and adjacent public realm. Finding 4: 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 project provides a functional site layout with clearly defined pedestrian, bicycle, and vehicular circulation. Pedestrian access is provided from both San Antonio Road and Leghorn Street through a centralized residential lobby and improved internal circulation design. The project includes long-term and short-term bicycle parking facilities with convenient access from the street frontage and garage areas to support multimodal transportation. Vehicular access is separated between the two street frontages to improve circulation efficiency and reduce conflicts. The project includes three levels of structured parking, loading and delivery areas, passenger drop-off spaces, utility areas, and service functions integrated into the building design. Common and private open space areas, rooftop amenities, landscaping, and pedestrian-oriented ground-floor elements are incorporated throughout the site to support residential livability and overall project functionality. Finding 5: 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. 7 1 0 4 0 1 The project is consistent with Finding #5 because: The proposed landscape design complements the contemporary architectural character of the project through integrated planting areas, canopy trees, rooftop landscaping, and pedestrian- oriented streetscape improvements along San Antonio Road and Leghorn Street. Landscaping is incorporated throughout the site to soften building massing, enhance the pedestrian environment, and support common open space and amenity areas. The landscape plan includes drought-tolerant and climate-appropriate plant materials consistent with the City’s water conservation goals and long-term maintenance considerations. New landscaping and tree planting improve the visual quality of the site and contribute to a more attractive and livable residential environment for residents and the surrounding neighborhood. Finding 6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. In accordance with the City’s Green Building Regulations, the project will satisfy the requirements for CALGreen Mandatory Measures + Tier 2 requirements. The project incorporates sustainable design features through compact infill development, multimodal transportation access, structured parking, bicycle facilities, water-efficient landscaping, and rooftop open space areas. The project utilizes drought-tolerant landscaping and climate- appropriate plant materials to support water conservation and long-term site sustainability. 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, "762 San Antonio, Palo Alto, CA 94303 uploaded to the Palo Alto Online Permitting Services Citizen Portal on July 14, 2026, as modified by these conditions of approval. 1. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of provided for in this document. A copy of this approval with conditions shall be printed on the second page of the plans submitted for building permits and shall incorporate the following changes: a) On Sheet C3.0 delete the new hydrant proposed on Leghorn Street in Mountain View per Palo Alto Fire Department feedback. b) On Sheets A500 through A503 include floor plans for all proposed unit types. 8 1 0 4 0 1 2. 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 228 base units at prices affordable to lower income households. 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. All BMR units constructed under this condition shall be in conformance with the City’s BMR Program rules and regulations. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. The provision of on-site units is an alternative means of compliance with the City’s affordable housing requirements. Pursuant Palo Alto Municipal Code Section 16.65.080, subd. (c), and Section 3 of Ordinance 5623, the project will satisfy 86.7% of its affordable housing obligation with on-site units and shall pay the remaining 13.3% of this obligation in the form of housing impact fees. 9 1 0 4 0 1 measures beyond the basic control measures are not required. In accordance with Mitigation Measure AQ-1 of the Housing Incentive Program EIR and AIR 2a of the Comprehensive Plan EIR, the applicant or its designee shall implement BAAQMD- Basic Control requirements, as applicable, during all demolition, grading, and construction activities to reduce construction-related particulate emissions: a. 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. b. Haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. 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. d. Vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. 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. f. 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. g. 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. h. 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. 8. MITIGATION MEASURE BIO-1, NESTING BIRD SURVEYS AND AVOIDANCE. Construction, grading, site preparation and other ground-disturbing activities required for development allowed by the proposed HIP expansion that would involve 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 development site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall 10 1 0 4 0 1 be performed not more than 14 days prior to scheduled vegetation clearance and structure demolition. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) 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). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and February 1. 9. MITIGATION MEASURE CR-1, WORKER’S ENVIRONMENTAL AWARENESS PROGRAM (WEAP). For all development subject to the proposed HIP expansion, a qualified archaeologist shall be retained who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology to conduct WEAP training for archaeological sensitivity for all construction personnel prior to the commencement of ground disturbing activities. Archaeological sensitivity training should include a description of the types of cultural resources that may be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the materials in the event of a find. 10. MITIGATION MEASURE CR-2, UNANTICIPATED DISCOVERY OF CULTURAL RESOURCES. For all development subject to the proposed HIP expansion, in the event that archaeological resources are unearthed during project construction, all earth-disturbing work near the find must be temporarily suspended or redirected until an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology (NPS 1983) has evaluated the nature and significance of the find. If the discovery proves to be significant under CEQA, additional work, such as preservation in place or archaeological data recovery, shall occur as required by the archeologist in coordination with City staff and descendants and/or stakeholder groups, as warranted. Once the resource has been properly treated or protected, work in the area may resume. A Native American representative shall be retained to monitor mitigation work associated with Native American cultural material. 11. MITIGATION MEASURE GEO-1, GEOTECHNICAL INVESTIGATION. Prior to approval of grading permits for a building or structure associated with the development allowed by the HIP expansion, a detailed final geotechnical investigation shall be performed to identify significant geotechnical constraints on the proposed development. The report shall develop formal recommendations for project design and construction, including site grading/soil preparation and foundation design. Among other components, the report shall include a quantitative evaluation of liquefaction susceptibility including projected levels of post-liquefaction settlement; an evaluation of soil shrink-swell potential; and an investigation of compressible soils that may be prone to settlement/subsidence. The report shall be provided by the applicant to the City of Palo Alto for review and approval and to ensure that foundations designed for all proposed structures are appropriate and meet code requirements. The geotechnical engineer of record shall also review the final grading, drainage, and foundation plans to confirm incorporation of the report recommendations 11 1 0 4 0 1 and field monitoring during project construction shall be performed to verify that the work is performed as recommended. 12. MITIGATION MEASURE GEO-4, DISCOVERY OF PALENTOLOGICAL RESOURCES. Construction activities associated with the development allowed under the HIP expansion shall adhere to the following measures. 1. Ground Disturbance. For ground-disturbing activities for projects associated with the HIP expansion, in the event that an unanticipated fossil discovery is made, then in accordance with SVP (2010) guidelines, it is the responsibility of any worker who observes fossils within the project site to stop work in the immediate vicinity of the find and notify a qualified professional paleontologist who shall be retained to evaluate the discovery, determine its significance and if additional mitigation or treatment is warranted. Work in the area of the discovery will resume once the find is properly documented and authorization is given to resume construction work. Any significant paleontological resources found during construction monitoring will be prepared, identified, analyzed, and permanently curated in an approved regional museum repository. 2. Excavation Below 18 Feet. Prior to the commencement of grading and excavation below a depth of 18 feet for any project associated with the HIP expansion, applicants shall retain a qualified paleontologist approved by the County to monitor grading and excavation. Monitoring onsite shall occur whenever grading activities are occurring. Additional monitors in addition to one full-time monitor may be required to provide adequate coverage if earth-moving activities are occurring simultaneously. Any paleontological resources discovered by construction personnel or subcontractors shall be reported immediately to the paleontologist. In the event undetected buried resources are encountered during grading and excavation, work shall be halted or diverted from the area and the paleontologist shall evaluate the resource and propose appropriate mitigation measures. Measures may include testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution. All testing, data recovery, reburial, archival review or transfer to research institutions related to monitoring discoveries shall be determined by the qualified paleontologist and shall be reported to the City. 13. MITIGATION MEASURE HAZ-1, SITE RISK MANAGEMENT PLAN. Prior to issuance of permits allowing groundwater dewatering or earth-disturbing activity, the developer shall prepare a site risk management plan (SRMP). The SRMP will address known and unknown environmental issues that may be encountered during development. The plan shall identify appropriate measures to be followed when impacted soil and groundwater are encountered during demolition, excavation, dewatering, and construction. This includes health and safety measures to reduce exposure to potentially impacted soil and groundwater for construction workers and dust control measures to reduce exposure to contaminated dust particles for nearby residents. 12 1 0 4 0 1 Health and safety measures shall include the required personal protective equipment (PPE) to be used by site personnel, including action levels and decision criteria for upgrading the levels of PPE. The SRMP shall also identify personnel to be notified, emergency contacts, and a sampling protocol if impacted media is encountered. The excavation and demolition contractors shall be made aware of the possibility of encountering known and unknown hazardous materials including impacted soil and groundwater; and shall be provided with appropriate contact and notification information. The plan shall include a provision stating at what point it is safe to continue with the excavation or demolition, and identify the person authorized to make that determination. In addition, the SRMP shall include measures for the appropriate handling and profiling of impacted soil and groundwater to be removed from the project site and disposed offsite. Removal, transportation, and disposal of impacted soil and groundwater shall be performed in accordance with applicable federal, state, and local laws, regulations, and ordinances. The SMRP shall be submitted to the City of Palo Alto for review and approval. 14. MITIGATION MEASURE N-1, CONSTRUCTION-RELATED NOISE REDUCTION MEASURES. The applicant shall apply the following measures during construction of projects in the HIP expansion area: Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards. Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities. Equipment Staging. All stationary equipment (e.g., air compressors, portable generators) shall be staged as far away from sensitive receptors as feasible. Where feasible, construct temporary noise barriers around stationary equipment in a manner that fully blocks the line of sight to residential windows in the adjacent apartment complex. Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and 13 1 0 4 0 1 replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction. Sound Barrier. During the demolition, site preparation, grading, building, and paving phases of construction, temporary sound barriers shall be installed and maintained facing sensitive receptors (e.g., residential units, educational facilities) located within 100 feet of the center of construction activity. Temporary sound barriers shall, at a minimum, block the line of sight between noise-generating construction equipment and adjacent windows at sensitive receptors and shall be placed as close to the source equipment as feasible. Such barriers shall be field tested to reduce noise by at least 10 dBA at sensitive receptors. A sound barrier can achieve a 5 dBA noise level reduction when it is tall enough to break the line-of-sight from the source equipment to the sensitive receptor, and it can achieve an approximate 1 dBA additional noise level reduction for each 2 feet of height after it breaks the line of sight (FHWA 2011). Mobile sound barriers may be used as appropriate to attenuate construction noise near the source equipment. Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. 15. MITIGATION MEASURE TCR-1, UNANTICIPATED DISCOVERY OF TRIBAL CULTURAL RESOURCES. In the event that cultural resources of Native American origin are identified during construction of any development associated with proposed HIP expansion, all earth-disturbing work in the vicinity of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the County, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with Native American groups. The plan would include avoidance of the resource or, if avoidance of the resource is infeasible, the plan would outline the appropriate treatment of the resource in coordination with the archeologist, if applicable, and the appropriate Native American tribal representative. 16. 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. 14 1 0 4 0 1 17. 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 line. 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. 15 1 0 4 0 1 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. 24. 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. 25. 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, Kristina Dobkevicius at Kristina.Dobkevicius@paloalto.gov to schedule this inspection. Public Art 26. The applicant submitted a public art application indicating their intent to commission art on- site. They came to the Public Art Commission for their Initial Review June 18th, 2026 to gather feedback on possible locations for artwork and the artist they are considering for the project. The Public Art Commission was very supportive of the artist under consideration. Areas for art integration focused on the San Antonio Road side of the building and mostly focused on architecturally integrated artworks on the exterior of the building. The applicant will return to the Public Art Commission for a Final Review and approval of the artwork in the coming months. Building Division 27. A complete construction set shall be submitted to the building department for review and shall include, but is not limited to: architectural drawings, structural drawings and calculations, mechanical plans, electrical plans, plumbing plans, and Title 24 energy analysis. 28. All sheets shall be stamped and signed by the designer responsible. 29. Construction drawings shall be subject to compliance with the current set of California building codes at the time of permit submittal. 16 1 0 4 0 1 Transportation 30. BICYCLE PARKING: The applicant shall provide bicycle parking spaces in accordance with the minimum requirements of PAMC Section 18.54.060, as applicable to the proposed use(s). Residential 1 space per dwelling unit (100% long-term), 10% short-term. 31. All required long-term bicycle parking shall be provided in a restricted-access bicycle enclosures. 32. All required short-term bicycle parking shall consist of racks that allow users to lock both the bicycle frame and at least one wheel. Racks shall be installed in visible, accessible locations no more than 50 feet from the primary building entrance. For developments requiring more than 10 short-term spaces, at least 50% of such spaces shall be covered. 33. Short-term guest bicycle parking provided within the parking garage shall be clearly identified with signage posted both at the primary building entrance and within the garage directing users to the designated bicycle parking area. Signage shall include a bicycle symbol and directional arrow consistent with MUTCD standards. If the garage is access-controlled, the applicant shall provide a mechanism for bicycle guests to access the facility. 34. Bicycle parking racks shall be spaced a minimum of 30 inches apart to allow for safe maneuvering. All bicycle parking areas shall be paved, and access aisles shall be a minimum of four feet wide. Bicycle parking areas shall be clearly signed indicating their location. 35. All bicycle parking areas shall be illuminated with a minimum of one foot-candle of illumination at ground level. 36. TRANSPORTATION DEMAND MANAGEMENT: Pursuant to Palo Alto Municipal Code Section 18.52.050, the applicant is subject to the requirements of the final approved TDM plan. As such, the applicant shall submit monitoring reports to the city demonstrating effective compliance with their transportation demand management plan and goal of reducing single-occupant motor vehicle trip generation by 20% as required by the 2030 Comprehensive Plan. Failure to implement the approved TDM Plan or meet trip reduction targets shall constitute a violation of this approval. 37. SAN ANTONIO ROAD AREA SETBACK AND FUTURE MOBILITY IMPROVEMENTS: Any landscaping, softscape, or other non-structural improvements installed within the setback area along San Antonio Road shall be subject to removal by the applicant or property owner, at no cost to the City, as necessary to accommodate future roadway, bicycle, or pedestrian mobility improvements within the San Antonio Road corridor. The applicant shall acknowledge this requirement in writing prior to issuance of a building permit. 38. WASTE OPERATIONS: Trash staging shall not occur within the public right of way. 17 1 0 4 0 1 Public Works Zero Waste Deconstruction and Construction Materials Management Requirements. 39. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures (other than a garage or ADU) are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. For more information, visit www.cityofpaloalto.org/deconstruction. 40. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. Contact The ReUse People to schedule this FREE survey by phone (888) 588-9490 or e-mail info@thereusepeople.org. More information can be found at www.TheReusePeople.org. Please upload a completed copy to the deconstruction permit. 41. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. 42. For more information, refer to www.cityofpaloalto.org/deconstruction. 43. Following Conditions Pertains to: Petwash area, garage, leasing office, lobbies, lounge, and mail area; garage, speak easy, lobby, and tech & entertainment rooms; poolside lounge/cabana, clubhouse, fitness center, and courtyard/pool/spa area. a. The following comments below are part of the Palo Alto Municipality Code. If your scope of work includes internal and external bins then cut-sheets for the color-coded internal and external containers, related color-coded millwork, and it’s colored signage must be included in the building plans prior to receiving approval from Zero Waste. Please see below for more details. b. 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 the locations and quantity of both (any) internal and external refuse containers, it’s millwork, along with the signage. This requirement applies to any external or internal refuse containers located in common areas such as entrances, conference rooms, back of the house kitchen, café, 18 1 0 4 0 1 dining area, and etc. except for restrooms, copy area, and mother’s room. Millwork to store the color-coded refuse containers must have a minimum of four inches in height worth of color-coding, wrapping around the full width of the millwork. Signage must be color coded with photos or illustrations of commonly discarded items. Restrooms must have a green compost container for paper towels and a small black landfill bin for sanitary products. Copy area must have either a recycle bin only or all three refuse receptacles (green compost, blue recycle, and black landfill container). Mother’s room must minimally have a green compost container 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.cityofpaloalto.org/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 44. 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 45. LOT MERGER. This project is subject to, and contingent upon the approval of a Lot Merger/Lot Line Removal. This shall be done through the approval and recordation of a Certificate of Compliance or a Parcel Map and shall be in accordance with the provisions of the California Subdivision Map Act and Palo Alto Municipal Code Title 21. All existing and proposed property lines, easements, dedications are subject to City’s technical review and staff approval during the map process prior to issuance of any construction permits. 46. MAP OR CERTIFICATE OF COMPLIANCE THIRD-PARTY REVIEW. The City contracts with a third-party surveyor that will review and provide approval of the map’s technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third-party surveyor and the applicant will be responsible for payment of the fees indicated therein, which is based on the complexity of the map. 47. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 48. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS. As part of the plan review for improvements within the public right-of-way, any existing improvements to be re-used by the project, which are not to current City standards and are not specifically in these project 19 1 0 4 0 1 conditions (such as streetlights, utility covers and lids, etc.), shall be upgraded to current City standards as required by the Director of Public Works and the Director of Utilities. 49. MODIFICATIONS TO EXISTING PUBLIC UTILITIES. The Developer is responsible for any changes or modifications to existing utilities, streets, and public infrastructure within or adjacent to the project site. This includes, but is not limited to, the relocation of utility facilities, conduits, or vaults required due to grade changes in the sidewalk area resulting from the development. 50. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS. The Developer is responsible for repairing any damage to existing public improvements fronting or adjacent to the project site caused by construction, to the satisfaction of the Public Works Department. 51. EXISTING UTILITY ABANDONMENT AND/OR RELOCATION. The Developer is responsible for researching all existing utility lines to ensure there are no conflicts with the project. Any existing utility lines (public or private) or their appurtenances that conflict with the project or do not serve it must be capped, abandoned, removed, relocated, or disposed of to the satisfaction of the City. 52. RE-USE OF EXISTING STORM DRAINS. The re-use of existing City storm drain service lines and appurtenances is subject to City review and approval. The Developer’s contractor shall expose the existing storm drain facilities during construction for City inspection or provide video documentation of their condition. Any deficient facilities, as determined by Public Works, must be replaced by the Developer. 53. STORM DRAIN TRIBUTARY PATTERN. This project must follow the existing storm drain tributary pattern. Any deviations require additional analysis and approval by Public Works during plan review. The project shall not negatively impact the drainage pattern for adjacent properties. 54. 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.” 55. CIVIL ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion of the work, applicant shall provide an as-graded grading plan prepared by the civil engineer that includes original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan. 20 1 0 4 0 1 56. SOILS ENGINEER CERTIFICATION. Upon completion of the rough grading work and at the final completion of the work, applicant shall provide a soil grading report prepared by the soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use. 21 1 0 4 0 1 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. 62. 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. 63. 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, 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. NOTE: Some items/tasks on the logistics plan may require an encroachment permit. 64. STORMWATER POLLUTION PREVENTION. All improvement plan sets shall include the “Pollution Prevention – It’s Part of the Plan” sheet. 65. 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. 66. 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. 67. 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. 68. 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 22 1 0 4 0 1 certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 69. 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. 70. 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. 71. EXISTING EASEMENTS. Provide documentation showing approval from the entities affected by the onsite easements to verify that the work within said easements is permitted. 72. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE (STORM DRAIN LOGO). The applicant is required to paint “No Dumping/Flows to Adobe 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. 73. 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 74. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR and/or Sheet T- 1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. If called for, project arborist approval must be obtained and documented in the monthly activity report sent to the City. When required, the Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 23 1 0 4 0 1 75. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during construction, pursuant to Title 8 of the PAMC and city Tree Technical Manual, Section 2.25. No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. Fire 24 1 0 4 0 1 sprinkler density in bike storage room. 82. Knox Remote Power Boxes are required for the main electrical disconnect, secondary electrical power source disconnects and 100% garage exhaust activation. 83. Submit fire flow analysis report detailing the required fire hydrant water delivery GPM/duration according to the 2022 CA Fire Code Appendix B. PAFD will only allow a 50% required fire flow reduction for fire sprinklered buildings. 84. Upgrade public fire hydrants on San Antonio Rd between Leghorn St and Charleston Rd to current CPAU standards. Install new public FH at the South/East corner of San Antonio Rd and Leghorn St. 85. PAFD Hazmat site closure permit required. 86. Garage will require a manually activated smoke exhaust system for the removal of smoke/toxic fumes in the event of vehicle fires. 87. Do not install elevator shunt trip circuit breaker. Follow 2025 CBC section 3005.4.1 and install smoke detector in elevator machine room. 88. Install an electrical disconnect switch (EPO) for EVCE’s. 89. Each stair shall provide roof access. 90. Install Knox key switch for Fire Department access through garage vehicle security barriers. Watershed Protection The following comments are provided as a courtesy and must be complied with before receiving a Demolition Permit for this project (after the Planning entitlement approval): 91. NOTICE OF REGULATION OF PCB MATERIAL – EFFECTIVE JULY 1st, 2019: Please be advised that new 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. The following conditions shall apply to ALL projects submitting for a Demolition Permit 25 1 0 4 0 1 Application on or after July 1st, 2019: 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. The framing of the building contains material other than wood. Wood-frame structures are exempt. The proposed demolition is a complete demolition of the building. Partial demolitions do not apply to the requirements. 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 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.” Water-Gas-Wastewater Utilities 26 1 0 4 0 1 PRIOR TO ISSUANCE OF DEMOLITION PERMIT: 95. The applicant shall submit a request to disconnect utility services and remove 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 (WGW Utility Engineering): 96. 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). 97. 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. 98. 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). 99. 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. 100. 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 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. 101. An approved reduced pressure detector assembly (RPDA backflow preventer device, 27 1 0 4 0 1 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. 102. 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. 103. 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. 104. 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. 105. Each unit or building shall have its own water meter and gas meter shown on the plans. Each parcel shall have its own water and gas service and sewer lateral connection shown on the plans. 106. 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 duct banks or other utilities. 107. 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. 108. 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. 109. 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 28 1 0 4 0 1 installation. 110. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater. 111. Delete new hydrant proposed on Leghorn St in Mountain View per Palo Alto fire dept. 112. The proposed gas service alignment and gas meter location is not approved. Joint trench with CPAU gas is not allowed; revise plan. The gas service alignment shall be revised toward the right side property line. The proposed storm line shall be shown towards the building such that minimum horizontal separation (3ft) to the gas service is met. The proposed water service would need adjustment as well. The proposed gate/fence impeding CPAU access to the gas meter shall be revised toward the rear of the property, such that no access constraint to the gas service or gas meter assembly is created. Decorative hardscape or permeable (drainage) hardscape shall not cover within 3ft horizontal of the gas service; limit to standard concrete or asphalt. Depending on the loads and other factors the gas meter assembly may significantly exceed the area allocated. The gas meter location proposed on cycle 5 plans, is strongly preferred if the large (prohibited) offset shown in the middle of gas service were removed by adjusting transformer placement slightly. 113. The walkway contains a portion of water meter vault (4ft x 8ft), it is recommended to adjust such that the water meter vault is not within the walkway. 114. A smaller PUE of 10ft x 10ft for the 4ft x 8ft water meter vault is acceptable. 115. The 6" sewer lateral proposed; if this sizing is not adequate an addition lateral (4" or 6") in the alignment of the existing sewer lateral (to be disconnected at the sewer main) would be acceptable. Connections larger than 6" are not allowed. 116. Show all above ground utilities (backflow assemblies, transformers, etc.) on renderings and elevation sheets. This equipment is large, at multiple locations, and requires screening per planning dept. 117. The current proposed plan set 762 San Antonio_Builder's Remedy Resubmittal No.7_Drawings.pdf submitted on 07/14/2026 has been reviewed and no sewer capacity concerns have been determined to be found. Any changes that result in increases to the design or sewer load will result in further analysis which may potentially lead to offsite sewer improvements. Public Art 118. The applicant intends to incorporate public art into the project. At the initial review with the Public Art Commission (PAC) June 18, the PAC encouraged the applicant to maximize 29 1 0 4 0 1 the impact of the artwork by utilizing the San Antonio facing side of the building. The applicant and the PAC discussed utilizing the vertical shade element as a location for public art, but the PAC also encourage the applicant to have elements on the lower levels of the building so that pedestrians and cyclists would also experience the artwork. The applicant plans to return to the PAC for Final Review in the coming months with the final artwork. 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 prepared by Studio T Square, titled “C7_762 San Antonio Road_PLANS.pdf” consisting of 92 pages, dated and submitted July 14, 2026. 5 7 2 6 ATTACHMENT C 762 San Antonio Road, 24PLN-00120 Table 1: COMPARISON WITH CHAPTER 18.14 (CS DISTRICT FOR HOUSING OPPORTUNITY SITES AND EL CAMINO REAL FOCUS AREA) Residential Development Standards Regulation Required CS (18.16)Required El Camino Real Focus Area Proposed Minimum Site Area, width and depth None None 147-05-102: Approximately 223 feet wide, 170 feet deep, 43,558 square feet 147-05-012: Approximately 107 feet wide, 410 feet deep, 43,652 square feet Total Merged Lot: Irregular shape 87,120 square feet (2 acres) total Minimum Front Yard (Leghorn Street) 25 feet special setback – see Chapter 20.08 & zoning maps 25 feet special setback – see Chapter 20.08 & zoning maps 25 feet Street Side Yard (San Antonio Road) 24 feet special setback – see Chapter 20.08 & zoning maps 24 feet special setback – see Chapter 20.08 & zoning maps 25 feet Rear Yard 10 feet for residential portion of proposed project; none for commercial 10 feet for residential portion of proposed project; none for commercial 10 feet Interior Side Yard None None 10 feet on all sides Max. Site Coverage 50% (38,676.5 square feet) 80% (61,882.4 square feet)72.26% (62,957 square feet) 5 7 2 6 Max. Building Height 50 feet or 35 feet within 150 feet of a residential district (other than an RM-40 or PC zone) abutting Rooftop Garden features allowed to exceed height by 12 feet Stair and Elevator overrun allowed to minimum height feasible for access Mechanical equipment allowed to exceed height by 15 feet 85 feet Above 55 feet in height: minimum 10 foot step- back from lower facade, for a minimum 70% of the facade length; 84’-5” feet; 90’ to parapet, 96’ to stair enclosure At 62 feet 8 inches the project includes a step- back of 6 feet for a minimum of 70% of the façade length. The entire building meets the 25- foot special setback. Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC Zone None, as this site is not abutting a residential zone (6) Daylight plane height and slope shall be identical to those of the most restrictive residential zoning district abutting the lot line, none as not abutting a residential zone Not Applicable/not adjacent to existing residential zone Maximum Residential Density 40 du/ac per Housing Element for both parcels None 114 du/ac (228 units proposed) Max. Floor Area Ratio (FAR) 1.25:1.0 4.0 Total 3.45:1 (300,218 square feet) 100% residential Minimum Useable Open Space 150 square feet per unit 34,200 square feet total 150 square feet per unit 34,200 square feet total 41,084 sf total/180 square feet per unit Minimum Mixed- use Ground Floor Commercial FAR None for Housing Inventory Sites No requirement None provided (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) Average setback from the property line may be calculated by taking the area between the property line and the upper facade. This area, in square feet, shall be greater than or equal to the facade length multiplied by 20. Example: 200-foot facade length x 20-foot average setback + minimum 4,000 sq. ft. area of setback per floor. For purposes of this calculation, portions of the upper facade with a setback greater than 40 feet shall be treated as if the facade is located at 40 feet from the property line. For purposes of this calculation, roof projections and eaves up to four feet in depth shall be excluded. 5 7 2 6 Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Proposed Residential Type Required Proposed Vehicle Parking One space per micro and one-bedroom ((19+121)x 1=140); two spaces per two- bedroom or larger unit ((63+25)x 2=176);) with al least one space per unit covered; 316 spaces total 1 space/unit (Per AB2097: 0 space/unit within ½ mile of Caltrain) in the El Camino Real Focus Area 228 spaces total Tandem parking allowed for any unit requiring two spaces (one tandem space per unit, associated directly with another parking space for the same unit, up to a maximum of 25% of total required spaces for any project with more than four (4) units) 284 spaces 232 EVSE or EVSE ready 31 tandem Bicycle Parking 1 Long Term (LT)space per unit (228 LT spaces) 1 Short Term (ST) space per 10 units (23 ST spaces) 228 LT 24 ST Loading Space 1, for residential structures with >50 units 1 loading space inside the garage on the ground floor Tandem parking allowed for any unit requiring two spaces (one tandem space per unit, associated directly with another parking space for the same unit, up to a maximum of 25% of total required spaces for any project with more than four (4) units) ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis 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: A101 Maintains existing sidewalk width; Complies Pedestrian clear path width of 8 foot minimum:8 feet; Complies ☒ Landscape or furniture area width of 2 foot minimum: 7 feet L-100 Between 7 feet and 8 feet; Complies ☒ 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. There is adequate space in the required setback to widen the sidewalk; Complies ☒ (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. N/A (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: A101 Complies Pedestrian clear path width (8 feet min.): 14 feet 10 inches and approximately 8 feet L-100 Complies☒ Clear space/buffer – (2 feet min. on each side of path, ground cover is allowed): 3feet to 4 feet only on one side in some instances L-100 The entry to the bike room south of the main entrance is ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 2 eight feet wide but provides only 2 feet of landscaping on one side for a total width of 10 feet, where 12 feet with 2 feet of landscaping on each side is required. If the Project had to comply with this requirement, it would lose 400 square feet, qualifying it for a waiver. Waiver is also needed for bike room access from Leghorn, where proposed bike room access is 5'-0" wide; Waiver requested 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. L-100 Complies a. Length of parcel frontage/public sidewalk length: 223 feet 9 inches b. Street Trees required (i.e. frontage/30 feet): 8☒ c. Street Trees provided: 6 in the planter strip and 4 within six feet of the sidewalk. (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 N/A (B)(4) Mobility Infrastructure ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 3 ☒ (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 A101 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. ☒ (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 arterials (see Map T-5), except Downtown, seating areas or benches shall not be located between the sidewalk and the curb; OR A101 Complies Pi c k O n e ☐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. A101 Complies (b)(3) Vehicle Access ☒(A) Vehicle access shall be located on alleys or side streets when they abut the property.A101 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. A101 Complies ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 4 (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: ☒(A) Loading docks and service areas shall be located on façades that do not face a primary building frontage A101 Complies ☒ (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. A300 Complies 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?N/A 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 _____ % Ch e c k A l l ☐(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 5 (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: 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: N/A ☐i. An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building. ☐ii. A different material application and/or fenestration pattern from the rest of the façade. Ch e c k O n e o r M o r e w i t h i n A o r B ☐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. Ch e c k O n e o r Mo r e w i t h i n A o r B ☐ 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.A101 Complies ☒B. Faces a publicly accessible pedestrian walkway.A101 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 Ch e c k O n e o r M o r e ☐ ii. For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porch minimum ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 5 ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 6 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 ☐ 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: N/A, no ground floor units. ☐Setback adjacent to public right of way: 24 feet ☐ 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 Ch e c k A l l t h a t A p p l y ☐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. N/A Facade length: ______ feet Trees required: ____ tree(s) (i.e. façade length / 40) ☐ Trees provided: ____ tree(s) C and D. Front Setback ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 7 ☐C. Ground floor residential entries are setback a minimum of 10 feet from the back of public sidewalk; OR N/A Pi c k O n e ☐ 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. 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. N/A 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: Ch e ck Al l th a t Ap pl y☐(A). Ground-floor retail or retail like uses have a minimum of 10% of the required setback as landscape or planters.N/A ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 7 ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 8 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. L-002 Complies i. Minimum setback area (setback x frontage x 60%): 3,222 sf☒ ii. Landscape area in required setback: 3,621 sf (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. A310 On the Leghorn side, the required upper floor step back extends 45% of the frontage where 70% is required; Waiver requested i. Proposed building height: 84 feet and 5 inches, 90 feet to parapet ii. Average building height of the adjacent building(s): single-story ☒ iii. Building height where upper floor step back begins: 52 ft 6 in ☒(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. The north elevation provides a 44.8% step-back; the South elevation provides a 35.5% step-back. If the Project had to comply with this requirement, it ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 9 would lose 6,200 square feet; Waiver requested ☒ (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. N/A, no residential units abut this project. (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:N/A ☐ (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. ☐(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 ☐ (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 obscuredCh e c k A l l (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 ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 10 (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. (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 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 Largest façade length featuring continuous plane: Total Façade length: 202 feet 2 inches ☒ Percent of façade length without upper floor modulation (a/b) (maximum 70%): 55.2 %Complies Buildings 250 feet in length or greaterPi c k O n e C a t e g o r y ☐ (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 N/A ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 11 Total Building length: _____ feet Number of vertical façade breaks: ___ area Width: ____ feet, Depth: ____ feet, Area: ____ sf 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. A310 Complies Total Building length: 202 feet 2 inches ☒ Number of vertical façade breaks: 1 area Width: 12 feet 6 inches, Depth: 8 feet 8 inches, Area: 108 sf 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. Ch e c k Al l ☐(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 G100 The 2-acre site provides only one housing type. ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 11 ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 12 More than 2-acre lots: minimum 3 housing types 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: ☐ 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. ☐ b. Upper floor step backs. A horizontal step back of upper-floor façades with a minimum 5 foot step-back from the primary façade for a minimum of 80% of the length of the façade Ch e c k o n e o r m o r e i f se l e c t e d ☐ 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 ☒ii. Variation in Façade Articulation: Façade articulation modulation shall include one or more of the following building features.A310 Complies Ch e c k on e o r mo r e i f se l e c t e d ☒ 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. ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 13 ☐b. Horizontal and/or Vertical Projections. Projections such as shading, weather protection devices, decorative architectural details, or similar strategies. ☐ 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:A310 Complies ☒a. Fenestration Size ☒b. Fenestration Proportion ☒c. Fenestration Pattern Ch e c k t w o i f se l e c t e d ☒d. Fenestration Depth or Projection ☒iv. Variation in two of the following:A310 Complies ☒a. Façade Material ☐b. Facade Material Size ☒c. Façade Texture and Pattern Ch e c k t w o i f se l e c t e d ☒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.A310 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. Ch e c k T h r e e o r M o r e ☒D. Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum 4 inches in depth.A310 Complies ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 14 ☐E. Screening devices such as lattices, louvers, shading devices, or perforated metal screens. ☐F. Use of fine-grained building materials, such as brick or wood shingles, not to exceed 8 inches in either height or width. ☒G. Incorporate a minimum of three colors, materials, and/or textures across the whole building.A320 Complies (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 A310 Complies Ch e c k O n e ☐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.A310 Complies Ch e c k O n e o r Mo r e ☐ 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.A310 Complies (c)(4) Emphasize Building Elements & Massing ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 15 (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: ☐a. Individual residential entries: 5 feet in width ☒b. Shared residential entry, such as mixed-use buildings: 8 feet in width A101 Complies ☐c. Commercial building entry: 20 feet in width Ch e c k A l l ☐d. Storefront entry: 6 feet in width (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).A101 Complies Ch e c k On e o r Mo r e ☐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 (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.N/A, non-retail ground floor a. Ground floor height (minimum 14 feet): _____ feet; OR☐ b. Height of 2nd floor datum line of abutting building: 22 feet 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.N/A 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 N/A D. Primary entries shall include weather protection by recessing the entry, providing an awning or using a combination of these methods. N/A a. Weather protection width (minimum 6 feet): ☐ b. Weather protection depth (minimum 4 feet): ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 16 ☐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 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 N/A (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 ☐Ground floor height (minimum 14 feet): _____ feet; OR Pi c k On e ☒Height of 2nd floor datum line of abutting building: 19 feet 1 inch A300 Complies (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 A310 On the Leghorn Street frontage, the Project does not provide 14 foot floor-to-floor and 50% transparency. If the Project had to provide 50% transparency storefront space on the ground level with 14 feet double-height, the design would reduce the building area by approximately 480 SF (assuming a 20' deep active space); Waiver requested Façade area between 2 feet and 10 feet: Transparent glazing area: ☒ Percentage of transparent glazing (minimum 50%): 60%Complies (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): 10 feet 9 inches and 10 feet☐ Weather protection depth (minimum 4 feet): 5 feet Complies (c)(7) Parking/Loading/Utilities (A) Entry Size ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 17 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. A101 On the Leghorn Street frontage, 83% of the frontage is dedicated to garage openings, loading entries, and utility access; Waiver requested Site frontage: Frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access: ☐ Percent of frontage devoted to garage openings, carports, surface parking, loading entries, or utilities access 83% (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 A101 On the Leghorn Street frontage, the above grade parking is not lined with commercial or habitable uses with a minimum depth of 20 feet; Waiver requested (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.N/A 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.A103 Complies ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 18 ☒(B) Minimum clear height dimension of 8’-6” feet.A300 Complies ☒(C) Directly accessible from a residential unit.A103 Complies ☐(C) Balconies are not located within the daylight plane. N/A, no daylight plane applies (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.N/A ☐ (ii) RM-40 districts: Minimum 80 sf of area, the least dimension of which is 6 feet for at least 75% of the area N/A ☐ (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)N/A (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. A201 L-002 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 A201 L-002 Complies ☐ (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 N/A ☒(E) Common open space provides seating. A201 L-002 Complies ☐(F) Common open space has a minimum 20% of landscaping.A201 L002 The fourth-floor common open space is 15% landscaped, and the eighth-floor common open space contains no planting, where a minimum of 20% is required. If the Project had to comply with this requirement, it would lose over 1,810 square ATTACHMENT D: City of Palo Alto - Objective Design Standards Consistency Analysis Page 19 feet of residential floor area; Waiver requested ☒ (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. L002 Complies 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 A320 Complies 18.24.100 Sustainability and Green Building Code Check Standard Sheet #Applicant’s Justification ☒ (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. GB-1 Complies 560 Mission Street, Suite 1900 | San Francisco, California 94105 | T +1.415.743.6900 | F +1.415.743.6910 -743-6990 1 415 743-6941 .plume@hklaw.com Chicago | Dallas | Denver | Fort Lauderdale | Houston | Jacksonville | London | Los Angeles | Mexico City Miami | Monterrey | Nashville | Newport Beach | New York | Orlando | Philadelphia | Portland | Richmond May 26, 2026 Re: Third Supplemental Letter Regarding State Density Bonus Law Application - 762 San Antonio Road Dear Palo: As described in our prior correspondence, this firm represents Acclaim Companies (the “Applicant”) and Globe Investments LLC (the “Property Owner”) on whose behalf we provide this letter associated with Application No. 24PLN-00120 at 762 San Antonio Road (the “Project”), in Palo Alto, California (the “City”). On May 15, 2026 the Applicant uploaded supplemental materials to the City’s portal, which included an updated Affordable Housing Compliance Plan containing new and modified State Density Bonus Law requests. We hereby provide the same requests in this letter as well, as follows: State Density Bonus Law Requests We hereby make the following State Density Bonus Law requests in connection with the Project, notwithstanding the fact that the Builder’s Remedy element of the Project allows such inconsistencies, in the alternative/additional to the Builder’s Remedy. We continue to reserve the right to modify these requests or make additional requests, if warranted.1 Waivers •Waiver from 18.24.020(b)(1)(C): Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side. The entry to the bike room south of the main entrance is eight feet wide but provides only 2 feet of landscaping on one side for a total width of 10 feet, where 12 feet with 2 feet of landscaping on each side is required. If the Project had to comply with this requirement, 1 For example, we have not yet identified any incentives/concessions, but reserve the right to do so. As a Builder’s Remedy 2.0 development, the Project is eligible for three incentives/concessions. (Govt. Code Sections 65589.5(f)(6)(C)(i), 65915(d)(2)(A)). ATTACHMENT E Palo Alto Planning & Devp. May 26, 2026 Page 2 #539134338_v1 it would lose 400 square feet, qualifying it for a waiver. Waiver is also needed for bike room access from Leghorn, where proposed bike room access is 5'-0" wide. To meet the 12' wide path, the Project would need to relocate trash staging area inside the building and result in a building area reduction of approximately 450 SF, qualifying the Project for a waiver. • Waiver from 18.14.020 Table 3 with regard to upper story step backs: The requirement is a step back minimum on 10’ on El Camino Real (the major street frontage). The project provides a 6’ step-back. If the Project had to comply with this requirement, it would lose 1,680 square feet on each of the top three floors and the marketability and usability of the rooms would suffer, likely resulting in a loss of several units, qualifying the Project for a waiver. • Waiver from 18.24.050(b)(1)(B): On the side and rear elevations, the step back shall occur for a minimum of 70% of each façade length and shall occur between 33 and 37 feet in height when adjacent to one-story buildings. By contrast for the Project, the North elevation provides a 44.8% step-back; the South elevation provides a 35.5% step-back. If the Project had to comply with this requirement, it would lose 6,200 square feet, qualifying it for a waiver. • Waiver from 18.24.050(b)(1)(A) and (B): On the Leghorn side, the required upper floor step back extends 45% of the frontage where 70% is required. (Note: for both of these, the plans dimension all the way across the building façade, however we understand the City proposed to count only the portion adjacent to each individual frontage, so that the portions of the building “behind” the 780 San Antonio parcel do not count). If the Project had to comply with this requirement, it would lose 1,800 square feet, qualifying it for a waiver. • Waiver from 18.24.050(b)(3)(B): The Project previously requested a waiver of this standard, the redesigned Project is currently in compliance. The Applicant reserves the right to reassert this waiver if needed in the future. • Waiver from Zoning Code Section 18.14.020 Table 3, Note b: On the Leghorn Street frontage, 83% of the frontage is dedicated to garage openings, loading entries, and utility access, where no more than 50% is allowed. If the Project had to comply with this requirement, it would lose approximately 1,800 square feet, qualifying it for a waiver. • Waiver from 18.24.060(c)(6)(A) and (B): On the Leghorn Street frontage, the Project does not provide 14 foot floor-to-floor and 50% transparency. If the Project had to provide 50% transparency storefront space on the ground level with 14 feet double-height, the design would reduce the building area by approximately 480 SF (assuming a 20' deep active space). Palo Alto Planning & Devp. May 26, 2026 Page 3 #539134338_v1 • Waiver from 18.24.060(c)(7)(B): On the Leghorn Street frontage, the above grade parking is not lined with commercial or habitable uses with a minimum depth of 20 feet. If the Project had to comply with this requirement, it would lose 1,800 square feet, qualifying it for a waiver. • Waiver from 18.24.080(b)(2)(F): The fourth-floor common open space is 15% landscaped, and the eighth-floor common open space contains no planting, where a minimum of 20% is required. If the Project had to comply with this requirement, it would lose over 1,810 square feet of residential floor area, qualifying it for a waiver. Notably if the vegetated stormwater areas were included in the calculation, the Project would be in excess of the standard. • Waiver from Special Setback for Leghorn Street: On the Leghorn Street frontage, the third through seventh floors encroach into the required 25-foot setback, and the project is instead set back 20 feet. These floors must encroach into the setback in order to satisfy the aerial fire access requirements that the building not be farther than 30 feet from the fire apparatus. If the Project had to comply with this requirement, it would lose 875 square feet of residential floor area, qualifying it for a waiver. While the Project is not subject to Zoning Code parking requirements due to the applicability of the Builder’s Remedy, we further note that the Project is additionally entitled to the parking maximums under the State Density Bonus Law, with which the Project complies Sincerely, HOLLAND & KNIGHT LLP Genna Yarkin Tamsen Plume Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to City Council members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. 1. Go to: paloalto.gov/PermitView 2. Search for “762 San Antonio Road” and open the record by clicking on the blue dot 3. Review the record details on the left side and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. You will find links to the project plans, environmental documents, and other important information. https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current- Planning/Projects/762-San-Antonio From:Jack Farrell To:Council, City Subject:Letter of Support for 762 San Antonio Date:Wednesday, August 12, 2026 7:37:08 AM Attachments:762 San Antonio Letter of Support.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Good morning, Please find attached YIMBY Law's letter of comment for item 7 of the August 17th Council agenda. Sincerely, Jack Farrell he/him Research Attorney 267-218-1147 Check out everything we achieved in 2025! YIMBY Law 2261 Market Street STE 10416 San Francisco, CA 94114 hello@yimbylaw.org 1 August 12, 2026 City of Palo Alto City Council 250 Hamilton Avenue Palo Alto, CA 94301 Re: Item 7, 762 San Antonio Road [24PLN-00120] 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 HA A. When complete, the proposed development at 762 San Antonio Road will consist of an 8-story development with 228 residential units. 30 units will be deed-restricted affordable to low-income households. We urge the Council to adopt the EIR addendum and grant all Density Bonus waivers to which the project is entitled. 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. The SB 330 pre-application vested on January 9, 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. A Density Bonus was being sought in order for the Project proponent to be granted waivers to which they are entitled under California state Density Bonus Law, California Government Code § YIMBY L aw, 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 65915(e), so long as there are no specific, adverse impacts, upon health, safety, or the physical environment, and there are no feasible methods to satisfactorily mitigate or avoid the specific adverse impacts. The HAA, § 65589.5 (j)(3) specifies that the receipt of a density bonus does not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. With the requested concessions and/or waivers available under State Density Bonus Law, the above-captioned project is zoning and general plan compliant. 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 L aw, 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 L aw, 2261 Market Street STE 10416, San Francisco, CA 94114 2 From:Steve Levy To:Council, City; Lait, Jonathan Subject:762 San Antonio applica Date:Sunday, August 16, 2026 10:48:43 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Mayor Veenker and council members, I support the ARB and staff recommendation to approve this application. 228 units with 30 deed restricted units makes a meaningful contribution to meeting our adopted housing goals and adds to our buffer. The project meets the parking requirement and has made modifications as requested by the ARB. Please approve this application and continue council’s recent set of approvals. Stephen Levy Sent from my iPad From:Gary Johnson To:Council, City Cc:Raybould, Claire; Dobkevicius, Kristina; Mark Johnson; Matt Hengehold; Chris Lee Subject:762 San Antonio Rd-Request for Revisions to COAs Date:Sunday, August 16, 2026 10:37:08 PM Attachments:image001.png 762 SAR-Acclaim Letter 2.0.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. i Dear Mayor and Councilmembers, On behalf of Acclaim Companies and property owner Globe Investments LLC, I am submitting the attached letter that requests revisions to a limited number of the Conditions of Approval for the 762 San Antonio Rd project. Sincerely, Gary Johnson 125 Willow Road Menlo Park, CA 94025 650.622.2107 www.acclaimcompanies.com This message needs your attention This is their first mail to some recipients. Mark Safe Report August 15, 2026 City Council of the City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 RE: Applicant Acclaim Companies’ Request for Revisions to Conditions of Approval – 762 San Antonio Road Dear Mayor and Councilmembers, On behalf of ourselves and property owner Globe Investments LLC, we provide the following comments regarding the Conditions of Approval included in the Draft Record of Land Use Approval for the 762 San Antonio Road project (the “Project”), which is before you as Agenda Item 7 on August 17. First, we are incredibly grateful for City staff’s hard work in processing this Project, and for the revisions to Condition 99 that staff has thus far proposed to include in its presentation and read into the record. We also greatly appreciate the City’s strong understanding of this Project’s state law protections, inclusive of its status as a “housing development project” subject to the protections of the Housing Accountability Act (the “HAA”) including the “Builder’s Remedy” and Senate Bill (“SB”) 330. However, there are two items in the Record of Land Use Approval that we feel exceed the bounds of what can be required of the Project by law, and that make a material difference in the Project’s feasibility. Accordingly, we request that Council consider the following, specific text edits. We have provided the text of each item with proposed revisions shown in red underline for additions, and red strikethrough for deletions. The basis for each request follows the text. Requests for Revisions • COA #99: The applicant is responsible for installing and upgrading existing utility mains, services, and laterals as needed to accommodate needs attributable to the development anticipated peak loads, including fire flow requirements determined by the City of Palo Alto Fire Department. This responsibility includes covering all costs related to the design and construction support services of these installations or upgrades resulting from the development. The developer’s financial obligation for construction costs of utility main and service/lateral upgrades whose new capacity exceeds the impacts of the development will be limited to the developer’s fair share contribution as reasonably determined by the City of Palo Alto Utility Department. Specifically, the developer shall not be responsible for any marginal increase in cost associated with a limited and reasonable amount of excess capacity requested by the City, with construction limited to within and adjacent to the project site to the greatest extent feasible. • SECTION 5. Term of Approval. 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. To the extent this time period is inconsistent with the Project’s SB 330 Vesting (construction must be commenced within two and one half years from “final approval” as that term is defined in California Government Code Section 65589.5(o)(2)(D)), this approval shall be automatically extended consistent with the SB 330 Vesting time period. Basis for Revisions • COA 99 With regard to COA 99, our requested changes harmonize the condition with the matching condition recently imposed on the Builder’s Remedy projects at 3606 El Camino Real and 3781 El Camino Real, as we think it is appropriate and fair to treat similarly situated projects the same way. We also want to make clear that we recognize it can be difficult to limit utility-related construction to one site’s frontage, and that a very small upgrade in capacity that’s meant to serve only one project, is not necessarily helpful in the long term. Accordingly, we are requesting limited edits that do recognize the potential that we be required to assist in some upsizing beyond the capacity needed for this Project, but that also reflect that the City’s ability to impose conditions on a development project pursuant to its police power are limited by the concepts of sufficient nexus and proportionality.1 Though the condition as written limits our ultimate financial responsibility to work that is specifically related to accommodating capacity needed for our Project, the condition does not currently provide any limitation on the extent of the construction we can be required to complete on behalf of other projects, which poses material financing issues for the Project due to uncertainty as to the initial cost and time required to comply (even if eventually compensated for cost beyond our fair share). Accordingly, we are requesting that the work be limited to our frontage or immediately adjacent areas “to the greatest extent feasible,” and that if capacity beyond what’s needed for our Project is necessary, it be a “limited and reasonable amount.” • Term of Approval With regard to the 2-year term of approval, we note that allowing for a City entitlement to expire while the Project’s SB 330 vesting continues, defeats the purpose of SB 330’s vesting provisions, which require only that construction commence within 2.5 years of “final approval” as defined in SB 330. Final approval means that “the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits” and either all appeal 1 The "essential nexus" and "rough proportionality" standards for land-use permit conditions and development exactions come from two key U.S. Supreme Court cases: Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994). These are later expanded by Koontz v. St. Johns River Water Management District (2013) and most recently Sheetz v. County of El Dorado (2024). periods and statutes of limitations have expired, or if a legal challenge is filed, it has been fully resolved in favor of the housing development.2 As currently written, the Project’s Major Architectural Review permit could expire before its SB 330 vesting has expired. Because SB 330 vesting freezes in place (as of the date of the Project’s preliminary application) all City requirements inclusive of processing fees, development impact fees, and all applicable policies and standards, it would be duplicative and wasteful process (not to mention incredibly costly) for the Applicant to need to obtain a new land use approval for the Project. While we conceptually understand local agencies’ concerns around “land banking,” two years to obtain a building permit and “actually commence” construction is an incredibly tight timeline and makes Project financing much more difficult. Even a potential 1-year extension can be insufficient. We have no interest in prolonging development for any longer than is strictly necessary. It is simply the case that the financial environment is incredibly difficult, and any additional bit of certainty we can provide is meaningful and makes the Project more certain to be successful. We also strongly believe that these edits harmonize the City’s entitlement process, with the intended purpose of SB 330 and that imposing a 2 year entitlement timeline exceeds the City’s authorization under state housing law. For all of the above reasons, we request that City Council consider our requested edits. We much appreciate your consideration of this matter. Sincerely, Gary Johnson Acclaim Companies 2 Govt. Code Section 65589.5(o)(2)(D)(ii). 762 SAN ANTONIO RESIDENTIAL City Council Meeting August/17/2026Acclaim Companies 800 SAR 788 SAR HOTEL CITRINE/ AC HOTEL PROJECT SITE SAN ANTONIO ROAD AREA PLAN VISION N E S W Connecting San Antonio Road Developments to Form a Cohesive Mixed-use Neighborhood DESIGN IMPROVEMENT SUMMARY Lot Size: 2.0 Acre, 72% Lot Coverage FAR: 3.45 50’ setback from PL, +- 30’ from curb 228 Total Units 30 Low-Income BMR Units (13%) 284 Parking Parking Ratio: 1: 1.25 BIKE STORAGE WFH LOUNGELEASING LOBBY GARAGE ENTRY DELIVERY/ GUEST PARKING PLAZA URBAN DESIGN CONCEPTS URBAN DESIGN CONCEPTS •Continuous double- height transparent storefront to promote active street frontage. •Large landscape setback and corner plaza to encourage pedestrian and biking connectivity. •Building massing broken up into smaller elements. Undulating roofline articulated through step-back and open-air decks. •Use rich and substantial materials to express welcoming contemporary charm. ENHANCE SAN ANTONIO’S WALKABILITY AND NEIGHBORHOOD INTEGRATION FLOOR PLAN – GROUND LEVEL PODIUM COURTYARD PLAN – LEVEL 4 PRIVATE PATIOS COURTYARD LANDSCAPE STREET ELEVATIONS WEST ELEVATION- SAN ANTONIO ROAD NORTH ELEVATION- LEGHORN STREET Residential accentuation is achieved through the combination of storefront transparency, vertical modulation, and enhanced materials at the ground level. One and two stories step-back create undulating roofline. EAST ELEVATION material change or step-back on both the base and upper levels. SAN ANTONIO ROAD ELEVATION RENDERING FROM THE CORNER OF SAN ANTONIO AND LEGHORN COLORS AND MATERIALS Warm, rich colors and materials such as stone and wood-textured panels are proposed to express a contemporary yet timeless aesthetic. 762 San Antonio Rd Major Architectural Review Builder’s Remedy 2.0 Housing Project Presented by Kristina Dobkevicius August 17, 2026 www.paloalto.gov 2 Architectural Review Process •SB 330 Pre-Application – January 2024 •Formal application – April 2024 •ARB #1 – August 2025 •CEQA Completion – May 2026 •ARB #2 – June 2026 •Council decision - August 2026 Public comments are accepted at all public hearings, and at any time throughout this process BACKGROUND / PROCESS 3 PROJECT LOCATION •Two parcels, CS Zoning •Border with Mountain View •Neighborhood contains commercial uses and hotels •Entitled housing projects located to the north at 788, 800, and 824 San Antonio 4 PROJECT OVERVIEW Proposed project includes: •Demo existing truck rental facility •Certificate of Compliance to merge two (2) lots •Construct 228 rental units •Studio, 1, 2, and 3-bedrooms •30 BMR units (13% minimum), Affordable to Low-Income •Eight (8) stories in height •284 parking spaces with entrances on San Antonio Road and Leghorn Street •Three (3) outdoor amenity areas on the 4th 7th 8th floors 5 STATE LAW CONSTRAINTS •This project is a “builder’s remedy project” as defined in AB 1893. •The project may not be denied on the basis of inconsistency with the Zoning Ordinance or Comprehensive Plan land use designation. •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 3.45:1 FAR and 114 du/ac density, meets the objective development standards for the area in the City with greatest housing density (El Camino Real Focus Area). •Under State Density Bonus Law, the applicant may request waiver of applicable standards that would physically prevent the project from being built at the permitted density. SITE PLAN 16 7 ELEVATIONS San Antonio Ave Frontage Leghorn St Frontage 8 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) is complete. •The proposed modifications do not result in new significant impacts or a substantial increase in impact severity, and no new information or changed circumstances have arisen. The project remains within the scope of the impacts analyzed in the certified 2020 EIR, and all applicable mitigation measures continue to apply. 9 REQUESTED RLUA REVISIONS SECTION 1.Background. B. •Waiver 2: Upper Floor Step-back (6-foot step -back where 10-foot is required)and step-back beginning at 65 feet in height rather than 55 feet. SECTION 4. Conditions of Approval Architectural Review. Planning •COA #99. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services, laterals as necessary to handle anticipated peak loads, including fire flow requirements determined by the City of Palo Alto Fire Department. 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 obligation for construction costs of utility main and service/lateral upgrades whose new capacity exceeds the impacts of the development will be limited to the developer’s fair share contribution as reasonably determined by the City of Palo Alto Utility Department. Specifically, the developer shall not be responsible for any marginal increase in cost associated with excess capacity requested by the City. 10 RECOMMENDATION It is recommended that the City Council take the following action: 1.Consider the addendum to the previously certified Environmental Impact Report (EIR) (SCH#2019090070); and 2.Recommend approval of 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. Kristina Dobkevicius Associate Planner Kristina.Dobkevicius@paloalto.gov 650-496-6945