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Home My WebLink AboutORD 3683• ORDINANCE NO. 3683 ORDINANCE OF THE COUNCIL Of THE CITY OF PALO ALTO AMENDING TITLE 18 (ZONING CODE) AND TITLE 21 (SUBDIVISION CODE} REGARDING DEFINITION OF LOT COVERAGE, COTTAGES IN 'IlfE RE AND OS ZONES, INTERIOR sroe YARDS k~D VERTICAL ADDITIONS IN THE R-1 ZONE, PROJECTIONS IN!O YARDS IN ALL RESIDENTIAL ZONES, SETBACKS I~ PC DISTRICTS, NONCOMPLYING FACILITIES, .fl.ND LOT i.INE ADJUSTMENTS The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. section 18.04.030(38} [Definitions] is hereby ad ded to the Palo Alto Municipal Code to read: { 38) •court" means a space open and unobstructed to the sky, located at or abov0 grade level on a lot, and bounded on three ( 3) or more sides by walls of a building. SECTION 2. Section 18.12.050(h)(3) [R-1 Distcict Requlations -Site Coverage] is hereby added to the Palo Alto Municfpal Code to read~ ( 3) The cover·ing of a court is exempt from the calculation of site .a.: ~verage provided that the court existed prior to July .O, 1918. SECTION 3. Section 18.10.030(a) {R~ District} of the Palo Al to Municipal Code is her~by repealed. SECTION 4. Sections l8.10.030(b) through {)) [RE District] of the Palo Alto Municipal Code are hereby renumbered to sections 18.10.030(a) through (i). SECTION 5. Section· 18.10.040{k) [RE District] is hei:eby added to the Palo Alto Municipal Code to read; r,,,. ( k) A second detached single family dwelling unit provided thatJ in addition to the site development regu lations specified for the RE District, all the following conditions are met: ( 1) The minimum site area must be 4,074 square meters (one acre). (2) The second dwelling unit must be separated from the original dwelling unit by a minimum distance of 3.7 meters (12 feet). ·I ' !'' ,'.: ',. ( J) The second dwelling unit must be limited in size to nine hundred (900) square feet of living area and limited in height to one ( 1) story and a maximum height \)f twenty ( 20) feet, as measured to the highest point of the building. (4) Accessory dwellings and guest cottages exist ing on April ;;·a, 1986, and which prior to that date were lawful, conforming permitted uses shall be deemed to be con for-ming uses. Such uses sha 11 be permitted to remodel, improve or replace site improvemer.ts on the same site, without necessity to comply with site devel opment regulations for continual use and occupancy by the same use; provided that any such remodeling, im provement or replacement shall not add a kitchen nor ~esult in increased floor area, number of dwelling uni ts, height, length or any other-inc r-ea se in the size of the improvement without complying with the standards set forth in section l8.10.040{i<) and applying for and receiving a conditional use permit pursuant to chapter 18.90. SECTION 6. Section 18.71.0SO(h) [OS District] of the Palo Al to Municipal :::ode is hereby re pea led. SECTION 7. Section 18.71.0SO(i) [OS District~ of the Palo Alto Municipal Code is hereby renu~bered to section 18.7l~OSO(h). SECTION 8. Section 18.71.060(h) (OS District] is hereby added to the Palo ~lto Municipal Code to read: (h) A second detached single family dwelling unit provided that, in addition to the site development regu lations specified for the R-1 or R-2 Special Residential Building Site Combining District, all of the following couditions are met: ( 1) The minilr.um site area must be 40, 469 squar~ meters (10 acres). (2) The second dwelling unit must be· separated from the original dwelling unit uy a minimum distance of 3.7 meters (12 feet). ( 3) The second dwelling unit must be limited in size to nine hundred (900) square feet of living area and limited in height to one (l} story and a maximum height of twenty ( 20) feet, as measured to the highest point of the building. (4) Accessory dwellings and guest cottages exist ing on April 28, 1986, and which prior to that date were 2. ~ . '·' ,; , ' ' ,, . . '.':··' . ··.:-, ·•. .------------------------------------------------------~~~~~~~~~~·· lawful, con forming per•i tted uses shall be deemed to be conforming uses.. Such uses shall be permitted t.:> re model, improve or replace site i11prove111ent$ on the sal!e site, wit.hout necessity to co11ply with site development regulations: ~or continual use and occupancy by the same use;' provided that any such remodeling r i•proveaent or replacement shall not add a kitchen nor result in increased floor area, number of dwelling units, height length or any other increase in the size of the improve ment without complying with the standards set forth in section 18.71.01.;0(h) and applying foe-and receiving a conditional use permit pursuant to chapter 18.90. SECTION 9. Section 18.12.080(a){2) [R-1 Districtl of the Palo Alto Municipal Code is hereby amended to read: (2) Interior side yard. In cases where the exist ing set.back is less than 2. 5 meter.s { 8 feet), but at least 1.5 meters (5 feet), an existing encroachment may be extended not more than one hundred percent ( 100%) of the length of the existing encroachment, but not to exceed 6.1 additional meters (20 additional feet). SECTION 10. Section 18.12 .. 0SO(b) [R-1 District~ of the Palo Alto Municipal Code is hereby amended to read: (b) Vertical Additions. Where a single family dwelling legally constructed, according to existing !.!!= terior side yard and setback regulations at the time of construction, encroaches upon present required interior side yards, a vertical addition to the structure above the existing· side walls shall be permitted to a height which doe.s not violate the daylight plarle regulations, provided that the addition does not increase the en croachment into · the interior side 'f .: .• d. No vertical addition to a single falllily dwelling shall be allowed over a horizontal extension permitted under section 18.J2.080(a). SECTIOM 11. Section 18.S7.040(g) [GMB District -Permitted Us~s] of the Palo Alto Municipal Code is hereby amended to read: (g) Day care centers, large dav care homes, .small , day care homes and residential care homes. SECTION 12 ~ Section 18. 68. 150 ( c) [PC District Special Requirements] of the Palo Al.to Municipal Code is hereby amended to read: (c) Sites sharing any lot line with one or more sites in any RE, R-1, R-2, RM or applicable PC district, a mii'.limum interior. yard of 3. O meters ( 10 feet) shall be 3. .: .. '' (•', ,, ','. ·,'i: .' ! .... :-~::£·~~ .... ,.. ~~;;. .~. ~-~;~-: ... · .:.,~.·-···-·-·~·-·~,;-~·~ . "•l' ' '' '·· --~ ----~.=-.=~~~~~-.~---·~··~1~·.4~:---·~~·· . .'-\t-di~··~1''··~\~h\~·~·;c~,i-;~~~·'·:~~·-c~~-.. ~··.-. ,, • required, and a solid wall or fence between 1.5 and 2.4 meters (5 and 8 feet) in height shall be constructed and mairitained along the common site line. Where a use in a PC district where the. gross floor area, excluding anl area .used exclusiyely for ear~ing pure<?ses, is at least sixty eercent (60\) residential, the interior yard shall £! .. at least as restrictive as the interior yard require ments of the most restrictive residential district abUttlnJ each such side or rear site line. The minimum inter10~ y~rd shall be planted and maintained as ~ land scaped screen. SECTION 13. Section 18.68.150(d) [PC District Special Requirements] of the Palo Alto Municipal Code is ~ereby amended to read: {d) On any portion of a site in the PC district which is opposite from a site in any RE, R-1 1 R-2, R1'11 or applicable PC district, and S·aparated thet;~from by a s'.ceat, alley, crteek, drain;,ige facilitt or other open area, a minimum yard of 3.0 meters ( 10 feet) shall be required. Where a use in a PC district where the ~ross floor area, excludin an area used exclusive! for parking purposes, is at east sixty percent (6 %) resi dential, the minimum yard requirement shall be at le~st as restrictive as the yard requirements of the most restrictive residential district opposite such site line. The minim'iim yard shall be planted and :aaintaine,d asa landscaped screen, excluding areas required for access to the site. SECTION 14. section 18.88.090 [Special Provisions and Excep tions ..... Projec·tions into Yards] of the Palo Alto Municipal Code is hereby amended to read: (a) Cornices, eaves, fireplaces and similar archi tectural features, excluding flat or continuous walls or enclosures of usable interior space, ~ay extend into a required side yard a .distance not exceeding O. 6 meters ( 2 feet) i or may extend' into a required front or rear yard a .. distance not exceeding 1.2 meters (4 feet). Win dow surfaces, such as bay windows or greenho~se windows, i may extend into a required front, .side or rear yard a ·distance not exceeding 0.6 meters (2 fe~t) e~ceet that, in residential districts or in nonresidential districts adJacenL to residential districts, the window surface may not extend into any yard above a first story. (b) A canopy or patio cover may be located in any residential district in the required rear yard or that portion of the interior side yard which is mare than 2 2. 9 meters ( 7 S feet) from the street lot line measur~d 4. \ ·" '~ " '.\', ~ . ··,,: ,l• • ' : ' • ' '•; 1 • ' : ~ ' • : ' ·~ '. ,,·1. ··'' I along the common lot line. Such canopies shall be sub ject to the following cbnditions: (1) A canopy or patio cover shall not be more than 3.7 meters (12 feet) in height. ( 2) The canopy or patio cover shall be included in the computation of building coverage. ( 3) The canopy or patio cover and other structures shall not occupy more than fifty percent (50%) of the required rear yard. { 4) The canopy or patio cover shall not be en closed on more than two (2) sidese ( c) Str.uc t ures not over 1. 8 meters ( 6 feet} in ~eight or 2.3 squ.are meters { 25 squat"e feet) in floor area, used exclusively for storage purposes, may extend into a required side yard a distance not exceeding O. 6 meters ( 2 feet}, or may extend into a required front or rear yard a distance not exceeding 1.2 meters (4 feet). {d} Uncovered porches, stairways, landings, bal conies or fire escapes may extend not more than 1.8 meters (6 feet) into a required front or rear yard, and may extend not more than 0.9 meters (3 feet) into a re qu;.red side yard; provided that, in residential dis ·tricts ~r in nonresidential districts adjacent to residential district$, these projections mar not extend into any yard above a first story. · (e) In residential dlstricts, a portion of a main bui ldirig which is less than 0. 5 the maxim'C,lm width of such building may extend ··jJ!f'.O. the required re&r yard no more than 1. 8 meters ( 6 feet·) .and with a hei~ttt of no more ·than one ( l) ·story, except that a corne~ot. having a common rear ·property line with an adjoining corner lot may extend into th~ required rear yard tlot more than 3. O meters (10 feet) and with a height of no more than one (1) storx:. SECT.ION l5e Section lS.12.0SO(c) [R-1 District] is hereby added to .the Pa°Io Alta Municipal Cvde to read• (c) Sections i8.12.080(a) and (b) notwithstanding, an addition shall not be permitted to encroach into a special setback, as established by the setback map pur suant to chapter 20.08 of the Palo Alto Municipal Code. SECTION 16 •. ·.Section 18.88 .. 090( f} [Special Provisions Projections into-Yards] is hereby added to the Palo Alto Municipal Code to rec.td; s. ' I! • • .-• ~. ' , '·,I.•«' ' '· ~ ', ,_ ' ·~ ·:' '' ' 'r ·• .,,.:, ' • ( f) sections 1B.88.090(a) through (d) notwith stal'1ding, a projection shall not be permitted to encroach into a special setback, as establish~d by the setback map pursuant to chapter 20. 08 of the P;:.lo Al to Municipal Code. SECTION 17. Section 18.94.090(c) [Noncomplying Faci~lties} of the Palo Alto Municipal Code is hereby amended to read: ( c) Structural alterations to a noncomplying facility shall be permitted when necessar-y to comply with the requirements of law, or to accommodate a con forming use when such alterations do not increase the degree of noncompliance, or otherwise increase the dis crepancy between existing conditions and requirements of this title. SECTION 18. Section 18.94.080 (Noncomplying Facilities} of the Palo Alto ~unicipal Code is hereby amended to read: 18.94.080 Noncomplying facility Enlar:gef!lent .. Except as spec i f i ca 11 y pe rm i t t e d by sec t ion 18 .. 12 • O 8 O , no enlargement~ expansion, or other addition or improve ment to a noncomplying facility shall be permitted which increases the noncompliance. This section shall not be construed to prohibit enl.~r-gemen t or improvement. 1)f a fac iJ "'. ty otherwise permitted by this title t which does not affect the particµlar degree of or manner in which the facility doe~ not comply with one or more provisions o f th i s ti t le • SECTION 19. Section 21.0S.030 [Maps Required] of the Palo Alto Aunicipal Code is hereby amended to re~d: 21.08.030 Prelimimlry parcel llAp and parcel map. A preliminary parcel map ·arid a parcel m~p shall be required for any minor subdivision. other than those referred to' in section 21. 08 •.O 20, and othei· than those expressly exempced . from suc.h requirements by .· t:he Subdi vision Map Act, unless it is determined by the director ()f planning and community environment ·that public policy necessitates such maps. A parcel map shall not be ~equired for any subdivision for which the r~quirement of a· parcel map has been waived pucsuant to section 21.08.060. SECTION 20. Section. 21.08.050 (Maps Required AdjusEments] is hereby amended to read: Lot Line . I.;' 21.08 .. 050 Lot line adjustments. No tentative map, preliminary parcel map, final map or parcel map shall be required for any lot 1 ine adjustment between 6 • ' ··· .. • two or more existing parcels where the land,·taken from one parcel·· is added to an adjacent parcel and where a greater number of parcels than currently existing is not created. Any suc:h lot line adjustment ·shall conform to the requirements of the Subdivision Map Act, Title 21 (subdivision ordinance), Title 16 (building ordinance, including prior a::-chi tectural review board approvals) and Title 18 (zoning ordinance, including prior approv als pursuant to chapters 18.82 and 18.68). The city engineer shall issue ·and caus~ to be recorded a cer tificate of compliance for the involved lots. Any application for a lot line adjustment which is not in conformance with the above :~equirernents shall be pro cessed as a minor or major s1bdivision pursuant to this title. SECTION 21. Any de~elopment project which obtained a recom mendation for approval of the Architectural Review Board pursuant to chapter 16.48 on or before April 28, 1986, or, if a development project is not subject to chapter 16.48 but has applied for a building permit and the application has been deamed complete on or before April 28, 1986, such project shall be allowed to be devel oped in accordance with the zoning regulations in effect prior to the adoption of this ordinance provided that such project complies with all other applicable laws and regulations. SECTION 22. The Council he~eby finds that none of the provisions of this 'ordinance will have a significant environmental impact. SECTION 23. This ordinance shall become effective upon the commencement of tile thirty-first day after the day of its passage. INTRODUCED; PASSED: April 28, 1986 May 12, 1986 AYES : Bechtel , Cobb , Fl etcher , levy , Pa ti tu cc i , Renze I : Sutor i us , Woolley NOES: None ABSTENTIONS~ None ABSENT: K 1 e; n ·~-~~ Mayor 7 .- ,':' ,, ,,, ... · ·-,': ' I ' ~ I _'I • • . • APPROVED AS ~/ FORM: IJ~. ~xti A. J11J6ft--/ " t'·,,•u, ' 8 .. • l"', '! . ' ~ ' I