(a) Applicability
This section shall apply to applications for residential mixed-use and multifamily housing development projects, as defined in Government Code section 65589.5(h)(2), that comply with all applicable objective standards and for which the City’s discretion is thereby limited by Government Code section 65589.5.
(b) Preliminary Board Review
Applicants are encouraged to seek preliminary review by the Architectural Review Board pursuant to Section 18.76.020(c) prior to submitting a formal application.
(c) Public Study Session
(1) Prior to preparing a written decision, the Director may, in his or her sole discretion, refer the application to the Architectural Review Board or to other advisory boards or committees for the purpose of determining whether minor adjustments to the application would result in closer adherence to the contextual design criteria and/or objective design standards contained in Chapter 18.24. An application should normally not be considered at more than one meeting of the Architectural Review Board.
(2) Notice of a public meeting to consider the application shall be given at least seven days prior to the meeting by mailing to the applicant and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.
(d) Decision by the Director
(1) The Director shall prepare a written decision to approve the application, approve it with conditions, or deny it.
(2) Neither the Director, nor the City Council on appeal, shall approve an application unless it is found that:
(A) The application complies with all applicable and objective standards in the Comprehensive Plan, the Palo Alto Municipal Code, and other City plans or policies.
(B) Approving the application will not result in a specific, adverse, impact upon the public health or safety, which cannot feasibly be mitigated or avoided in a satisfactory manner. As used in this Section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(3) Notice of the proposed director's decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director's decision, the date the decision will be final if it is not appealed, and a description of how to file an appeal.
(4) The Director's decision shall become final ten days after the date notice is mailed unless an appeal is filed.
(e) Appeals
(1) Any party, including the applicant, may file an appeal of the Director's decision in written form in a manner prescribed by the director.
(2) An appeal seeking disapproval of a project or a reduction in density shall be limited to the grounds that both of the following exist:
(A) The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. And
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (d)(2)(B)(i), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(f) Decision by the City Council
At the Director's discretion, an appeal may be set for hearing before the city council or may be placed on the Council's consent calendar, within 45 days. The city council may:
(1) Adopt the findings and decision of the director; or
(2) If the item is on the consent calendar, city council may remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application.
(g) Final Decision by the Council
The decision of the council on the appeal is final.
(Ord. 5615 § 5, 2024: Ord. 5613 § 5, 2024: Ord. 5554 § 37, 2022)