HomeMy WebLinkAboutORD 3255ORIGINl.\L
ORDINANC~~ NO. ~J..25.5._ ~
ORDINANCE OF 'rHE COUNCIL Of 'I'HE Cl'l'Y OF PALO A.VJ'O
AMENDING THE ZONING cone ('l'I'rr.,1:; 113) AND 'J'HE 13UJLDING
CODE (TI'rLE 16) OF ·rim PALO AL'L'O MUNICIPAL corn~: RE-'
GARDING 'J~HE DEFINITION OF "FAMILY", 'l'!lE D8~'.tN!'l'lON
OF "LOT AREA", THE IMPROVEMENT OF NONCONFORMING
SECOND DETACHED SINGLE-FAMILY DW8LLINGS, EXISTING
MOTELS IN MULTIPLE FAMILY ZONES, ETC.
The Council of th<:~ City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.04.030(54) [Definitions] of the Palo Alto
Muni c ir;a 1 Code is hereby amended to read as £ ol lows~
"(51:) Family: An individual or a group of
persons living together who constitute a bona
fide single housekeeping unit. in a dwellint.;1 unit.
The term 'fumily' Ehall not be construed t0 in
clude a fraternity, sorority, club, or other
g1:oup of persons occupying a hotel, lodging
house, Ol:'." ingtitution of any kind."
SEC1'ION 2. Section 16.04.105 [Building CodE.•] of the Palo Alto
Muni c i p"aI-cod e· is he re by amended to t:ead as f o 11 ow r;:
n16.04.105 Section 407 amended -Definition
::2.Lf:.pm i i_y. sect i on407o ttE0·-unTEoi=-m-8li·.,·i. a TiVi-~
Code is amendf~d to read:
11 _§ectio~~-07.-~~i_~. 1'he term 1 fami Jy'
shall mean an individual or group of persons liv
ing together who constttute 3. bona fide single
housekeeping unit J.n a dwelJ.inq unit, 1'he term
1 f~rnily 1 shall not be construed to include a fra
ternity, sorority~ club~ or other group of per
sons occupying a hotel, lodging house, or insti
tution of any kind."
fi.ndJ:..12.9.: Section 407 is amended to comply with a
recent Californici judicial ruling on the def ini
t ion of "family" and to comply with the def in i-·
tion of "family" in the Palo Alto Zoning Code.
SEC'I'ION .3. Section 18.04.030(85) [Definitions] of the Palo Alto
Munic1pa1 Code is hereby amended to read as follows:
"(85) Lot area. The area of a lot measured
horizontally between bounding lot lines, but ex
cluding any porti0n of a flag lot providing ac
cess to a street and lying between a front lot
line and the street, and excluding any portion of
a lot within the lines of any natural water
course, river-; stream, er.eek, waterr ... ay, channel 1
or flood control o~ drainage easement and exclud
ing any portion of a lot within a street right
of-way whether acquired in fee, easement, or
otherwise.11
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SEC'r!ON 4. Sectinn 18.12.070(c) [H~!, Sinql(~ Family HeBidenct~
DistrTCtrls f)erehy added to the Palo Alto Municipal Coch~ to read as
fol lows:
"(c) Notwithstanding any provisions of
Chapters 18. HS and/or 18. 94, in the c<J.se of a
legal and nonconforming second detached single
fami ly dwelling existing prior to July 20, 1978,
an a lot, such nonconforming use shall be permit
ted to remodel, improve, or replace site im~rove
ments on the same site for continual u~e and oc
cupancy by the same use, without ner1~ s Ji ty to
comply with site development regulations; provid
ed that any such remodeling, improvement or re
placement shall not result in incr'eased f1 _or.
area, number of dwelling units, height, length 1
or crn,y other. increase in the size of the .improve
ment""
SECTION 5. Section 18.17.070(c) [R-2 •rwo Family Residence
District] is he1~eby added to the Palo Alto Municipal Code to read as
f o 1 lows:
u(c) Notwithstanding any provisions of
Chapters 18.BB and/or 18.94, in the case of a
legal and nonconforming second detached single
fami ly dwelling existing prior to July 20, 1978,
on a substandard size lot, such nonconforming
use shall be permitted to remodel, improve, or
rep1ace si.te irnprovemi:>nts on the same site for
continual use and occupancy by the same use,
without necr,?ssity to :::omply with site development
regulation~:;; provided that any such remodeling,
improvemGnt or replacement shall ~ol result in
increased floor area, number of dwelling units,
height, length, or any other increade in the size
of the improvement.n
SECTION 6. Section 18.21.070(c) [RM-1 Restricted Density Multi
ple Family -Residence District} is hereby added to the Palo Alto Muni
cipal Code to read as follows:
"(c) Motel uses existing on July 20, 1978,
the effective date of this Title, and which,
prior to that date were lawful conforming permit
ted uses or conditional uses operating subject to
a conditional use permit, shall be deemed to be
conforming uses. Such uses shall be permitted tv
remodel, improve, or replace site improvements on
the same site, without necessity to comply with
site development rcgulat.ions for continual use
and occupancy by the same use; provided that any
such remodeling, improvement, or replacement
shall not result in increased floor area, number
of rooms, height, length, o~ any other increase
in size of the improvement."
SECTION 7. Section 18.23.070(c) [RM-2 Low Density Multiple
Farnil'y Hes1dence District) is hereby added to the Palo Alto Municipal
C0~0 to read as follows:
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"(c) Motel uses existing on July 20, 1978,
the effective date of this 'l'i.tle, and which,
prior to that date were lawful conforming permit
ted uses or conditional uses operating subject to
a conditional use permit, shall be deemed to be
conforming uses. Such uses shall be permitted to
remodel, improve, or replace site improvements on
the same site, without necessity ~o comply with
site development regulations for continual use
and occupancy by the same use~ provided that any
such remodeling, improvement, or replacement
shall not result in increased floor area, number
of rooms, height, length~ or any other.increase
in size o[ the improvement."
.§f_£!!2l:l_~~· Section 1B.25.070(c) {RM··3 Moder-ate Density Multiple
Family Residence District] is hereby added to the Palo Alto Municipal
Code to read as follows:
~(c) Motel uses existing on July 20, 1978,
the effective date of this Title, and which,
prior to that dats were lawful conforming permit
ted uses or conditional uses operating subject to
a conditional use permit, shall be deem0d to be
con for mi nq uses. Such uses sha 11 be permitted to
rem ode 1 f improve 1 or re pl ace s i t.e impr__ vemen ts on
the same site, without necessity to comply with
site development regulations for continual use
and occupancy by the same use; provided that any
such remodeling, improvement, or replacement
shall not re.s·<•t in increased floor ar(~a, number
of roomsr height, length, or any other increase
in size of the improvement."
?ECT~ON __ ~. Section 18.27.070(c) [RM-4 Medium Density Multiple
Family Residence District.] is here by added to the Pa1o Al to Municipal
Code to read as follows:
" ( c ) MQ tel uses exist in g on ,Ju 1 y 2 0 , i 9 7 8 ,
the effective date of this Title, and which,
prior to that dat~ were lawful conforming permit
ted uses or conditional uses operating subject to
a conditional use permit, shall be deemed to be
conforming uses. Such uses shall b~ permitted to
remodel., improve, ur replace site improvements on
the same site, without necessity to comply with
s:i.te develoment ·regulations for continual U!;e and
occupancy by th0 same use' provided that any such
remodeling, improvement, or replacement shall not
result in increased floor area, number of rooms,
height, length, or any other increase in size of
the imptovement."
SECTION 10. Section 18.29.070(c) [RM-5 High Density Multiple
V'amify ResfCfence District] is hereby added to the Palo Alto Municipal
Code to read as follows:
11 (c) Motel uses existing on J1.1ly 20, 1978,
the effectiv~ date of this Title, and which,
pr~or to that date were lawful conforming permit
ted uses or conditional uses operating subject to
a conditional use permit! shall be deeined to be
conforming uses. Such uses shall be permitted to
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remodel, improve, or replace site improvements on
the same site, without necessity to comply with
site deve 1 opmen t requ 1 at ions f.8r cont in u n 1 use
anrl occupancy by the same use; provided that any
such remodeling, improvement, or replacement
shall not result in increas(•d floor area, number
of rooms, height, length, or any other increase
in size of the improvement."
SECTION 11. The minimum off-street parking requirement table fol
lowing Section18.!33.060(b) [Off-Street P~;:-ldng and Loading Regula
tionsJ of the Palo Alto Municipal Code ig hereby arnt:nded to read as
follows:
--------------· .. ---·------·----~----·----_ ....... ----~~-----------
USE
"'1 1 Day c a..r:e cen-·
ters, day care
homes, family
day care homes,
and residential
care homes.
MINIMUM OFF-STREET
P.1\HK ING REQUIREMENT
a. Day Care Centers -
space for each 1.5
employees.
b. Day Care Homes - 2
spaces per dwelling
unit, of which one
space shall be
coven:r1.
c. Family Day Care Homes
·-"2 spaces per dwell-
ing unit, of which
one space shall be
covered.
d. Residential Car·e Homes
2 spaces, of which one
space shall be covered,
for resident owners or
tenants.
MI NT.t'ilJM BICYCLE
PARK ING RE:Ql1I REM ENT
Spaces Class
None
Where such uses
are conuitiona.l,
to be established
by use permit
conditions.
Where such uses are condicional,
to be established by use permit
conditionl:>~"
SECTION 12. Sectior., 18.88.030(b}{1) [Special '.l?rovi::)ions and
Exceptions] cf the Palo Alto Municipal Code is hereby amended to read
as follows:
"(1) No such accessory building shall be
located in a required front yard, or a required
street yard, or a required rear yard of a through
lot. 11
SECTION 13. Section 18.90.100 (Variances and Conditional use
Permits] of the Palo Alto Municipal Code is hereby amended to read as
fol lows:
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• •
"18.90.100. Var:i_ance_~!Jl_£onju~ction wi~
subdivision. ln ca.ses of rnaJor· or: m1nor subd1v1-·
slons, the~ubdividec mayt in conjunction with
the f ilino of a tentative map or a preliminary
parcel map and additional data pursuant to Title
21, also file an application under this Chapter
for one or more variances as to yards required by
this chapter, or setbacks estRblished by Chapter
20 (setback ordinance), or both. In such event,
the variance application shall be processed con
currently with the major or minor subdivision, in
lieu of under tha provisions of this Title, in
accor:d with the following pr:occdute:
"(a) In such cases the tentative map or
preliminary parcel map under Section 21.12.040
shall include the dimensions and locations of all
proposed buildings and stru:tures for which vari
ances are souqht under this· section, and the sub
rl iv idez:-' s application shall contain justification
and re~sons for such variances.
"(b) In the case of a tentative map, the
Planning Commission may ~ecornmend and the City
Councii may approve, and in the case of a prelim
inary parcel map, the Director of Planning and
Community Environment may approve, the granting
of variances as to setback or yard requirements,
or both, where it appears from the proposed map,
the subdivider's statement, and from other rele
vant facts that the granting of such variances
will be consistent with sound subdivision plan
ning, will not in any substantial degree be det
rimental or injurious to the property o~ improve
ments of other owners of property, and will not
be contrary to the public welfare or convenience.
No separate public hearing need be held for the
granting of variances under this section.
"(c) In the granting of variances under
this section, in the case of a major subdivision,
the Planning Commission may recommend and the
City Council may requ~re, and in the case of a
minor subdivisionr the Director of Planning and
Community Environment may requirG, the impo8ition
of such conditions or restrictions as are deemed
necessdry or appropriate to nrotect the public
health, safety, or welfare.
"(d) Any variance granted under this sec
tion shall, unless otherwise stated, be transfeL
able with the lot upon which it is gcanted and
any condition or restriction imposed in conjunc
tion therewith shall be de0rned to be binding on
said lot in the hands of transferees for the dur
ation of said variance, or the enjoyment of the
benefits granted thereby.
"(e) In addition to the matters set forth
in Cha~ter 21.16, the final map or parc91 map
shall include thereon a statement substantially
as follows:
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I
I I I I I
I I
~ .
"Lots (listing the!" by number or other
appropriate desiynation) are transfer
.::ible subjnct. to certain conditional
variances as to setback and/or yard re
quirements which are shown on the rec
ord of variances and conditions for
this subdivision on file with the De
partment of Planning and Community En
vironment, City of Palo Alto, Cali.f
ornia.
"(t) At the time of the filing of the final
map or parcel map with the Director of Public
works/City Engineer, the subdivider applying for
variances under this section shall also file
therewith a map or mapsp in duplicate1 drawn to
scale, showing the lots in the subdivision upon
which such variances are sought and showing
clearly by dotted lines drawn parallel to the
oroperty line affected, with dimension marks and
!Himber~.: in each casL:, such altered setbacks and
yarrls as may have been approved and imposed on
Uie tentativ(~ map or preliminary parcel map.
Said map oe maps accompanying the fina1 map or
oar.:;el man sh,:111 be c:.:tpt.ioned ":Record of Va.ri~nces and' Conditions Thereof Granted in Conjunc
tion with Subdivision of (St.ate Tr.act Name and
Number)" and shall contain thereon a statement
substantially as follows:
"(i) In the case of a final map:
~The variances and conditions or restric-
t ions as to setback and/or yard requirements
shown hereon were granted and imposed by the
City Council of the City of Palo Alto on
{date). Such variances shall be transfer
ablewith the respective lots on which thE=-,:>y
were gcanted and such conditions or ceatric
tions sh~ll be binding on such lots in the
hands of transferees for the duration of
said var i a nee or UH~ enjoyment of ti.e bene
fits granted thereby.
ff( ii) In the case of a parcel map:
~The variances and conditions or re~tric
ticns as to setback and/or yard requirements
shown hereon were granted and imposed by the
Director of Planning and Community Environ
ment of the City of Palo Alto on (date).
Such variances shall be transferabie-with
the respective lnts on which they are grant
ed and such conditions or restrictions shall
be binding on such lots in the hands of
transferees for the duration of said vari
ance or the enjoyment of the benefits q rant··
ed thereby.
"{g) The approval by the City Council of
such final map, or the approval by the Director
of Planning and Community Environment of such
parcel map, and the accompanying map or maps
showing varianc0s Anrl rnnaiti0n9 shall ccncti
tute the granting of such variances subject to
any such conditions or restrictions."
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~)ECTtON \4. ~::.ection l!:L90.120(c) [Vu.riances a.nd Condi.ti.on,11 Use
Permit~.)~ Ta.hf\.~ B, of Uw Palo Alto Municipal Code i:; lwrct)y amended
tn r(_.ad a~-o fnllows:
''B. In any b'iock having residentially zoned site an')<l J.0rrn than
twent1;·~five tJei·cent of total block <H1~a:
4
5
6 :
B
permits
permits
permits
pl~nnits
() 1' rnor~.~
0-14,86~.4 sq.rn. (0-159,999 sq.ft.)
14,864.5 29,728.9 sq.rn. (160,000 -)19,999 sq.ft.)
29,729.0 -59,457.9 aq.m. (320,000 -639,999 sq.ft.)
59,458.0 -118,915.R sq.m. (640,000 -1,279,999 sq.ft.)
In the s;.rn:e proqression."
SECTION 15. The Council finds that this project will have no
signi ficant·-adverse L'nvironmentai impact.
SECTION 16. This ordinance shall become effective upon the
commer.cen-:ent-·cTf the th1r.ty-tirst day after the day of its p,1ssa9e.
l ·-1 .) ~ 19t1C
AYf:~:;: Bechtel~ Eyer1y, Fazzino, Fletcher~ Henderson~ Lev21) Renzel, VJitherspoon
APPROVED~
./'? /? ) /. ,-;i. ~ ~~~----~--:i....... Ma~yor ·--)
i LJ...g_. <.a--cf nage-r---~----
);.{;:_~!¢1q ~~~~~.
Director of Planning and
(..,
APPHOVf~D AS TO FORM:
·;") . I :'-.
i(,._: , l... ( .. fr,.-..·, t L ----~.--~------------Assistant City Attorney
Community En/X""'ent ~_ll? ~---e Build1ng O:rfic1al
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