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Home My WebLink AboutORD 3696' . • ORDINANCE NO. 3696 ,. ... ,..,, ': .j('.· ~ ,,-·~ .. ~. '.' ~ /\, ' ~~· .t ,._ J . ..,,......,.. ~. \JI.·~...- ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER 18. 48 TO TITLE 18 (ZONING CODE} TO CREATE A COMMERCIAL DOWNTOWN ·(CD) DISTRICT WHEREAS, the pace of development activity i11 Downtown Palo Alto soared in the early 1980s, recreating a vitality in the Down town, but causing problems and undesii.·ed effects such as parking deficits and traffic congestion: and WHEREAS, citizens have expressed concern bility of large commercial projects with neighborhoods; and about the compati nearby residential WHEREAS, the City Council adopted interim parking regulations and a moratorium in the Downtown so that staff and a citizens' advisory committee could study solutions to the problems of over development; and WHEREAS, the City Council has adopted goals and strategies for the Downtown, upon recommendation of the Downtown Study Com mittee and the Planning Commission; and WHEREAS, the City wishes to limit nonresidential development in the Down town to ten percent ( 35 0, 00 0 square feet) above the development existing or approved in May 1986; and WHEREAS, a focused Environmental Impact Report has been pre pared ry staff and reviewed by the City Council in preparation for the adoption of ordinances regulating commercial develo~ment, land· use and parking in the Downtown. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 18.48 (CD Commercial Downtown District Re9ul-3.tions) is hereby added to the P.?.lo Alto Municipal Code to read: Chapter 18.48 CD COflMERCIAL DOWNTOWN DlSTRICT REGULATIONS Sections: 18.48.010 18.48.020 18.48.030 18.48.040 18.48.(150 18 .. 48.060 Specific purposes. Applicability of regulations. Repeal of regulations. General requlations. Permitted an~ conditional uses. Site development regulations. .. -,/ 18.48 .. 070 Additional reg u 1 a t i on s in the CD-C subdistrict. 18.48.080 Additional regulations in the CD-S subdi strict. 18.48.090 Additional regulations in the CO-N subdistrict. 18.48.100 Parking regulations. 18.48.110 Pedestrian regulations. lS.48.120 Ground floor regulations. ~8.48 .. 130 Historic preservation. 18 .• 48.010 Specific purposes~ The CD commeccial down town dis tt· i ct is in tended to be a compr.ehens i ve zoning district for the downtown business area, accommo dating a wide range of commercial uses serving city-wide and regi1::>nal business and service needs, as well as p?:'oviding for residential uses and neighbor'lood service needs. Th~ CD commercial downtown district is specific ally cr9ated to promote the following objectives in the downtown area of Palo Al to: ( l) control the rate and size of commercial development~ {2) preserve and promote ground floor retail uses; (3) enhance pedestrian ac tivity1 {4) create harmonious transitions from the commercial areas to the residential areas~ and (5) where applied in conjunct ion with cha pt er 16. 49 of the Palo Alto Municipal Code, preserve historic buildings. 18.48.020 Applicability of regulations. This chapter shall apply to the CD commercial .downtown dis trict, including subdistr.icts designated as co..:c {community}, CD-S {service) and CD-N (neighborhood) and site development areas within the CD district, as shown on Maps 1, 2 and 3 incorporated within this ch~pter. 18.48.030 Repeal of regulations. Be9inning on the effective date of this chapter, the department of planning and communi tv environment shall .monitor the numbe~ of square fe•t ~pproved for nonresidential devel opment in ·the CD district and the number of square feet approved for nonresidential development pursuant to a planned community (PC) zone (chapter 18. 68) if the site of the. PC zone was within the CD dist.r~..;t. on the efft:tc tive date of this chapter. When three '.hundred and fifty thousand (350,000) square feet of nonresidential devel opment have received final design review approval pursuant to chapter 1J5.48 or have received building permit~, if no design approval is required, this chapter shall be repealed and a mocatoriurn shall be imposed. This moratorium shall prohibit the city's acceptance or processing of any application for planning approval or a building permit for new nonresidential square footage L1 the CD district. This moratorium shall remain in effect 2. "/. ' ;· ,1 I i ·I ·_.·11 •''' '·' for one ( l) year while the city undertakes a study of what regulations would be appropriate in the CD dis trict. The moratorium may be extended by the council until such study is completed and appropriate regula tions are implemented. 18.48.040 regulations set CD district. General reg~Jlations. The general forth below shall apply throughout the (a} ProjP.ct Size Limit. All nonresidential proj- ects (new construction anct expansions) o~ nonresidential component~:; of a mixed u.,,e project on a site shall be limited to twenty-five thousand (25,000) gross square feet of floor. area or fifteen thousand { 15 r 00 0) gross square f>;: .. ::t above the existing floor area, whiehever is iJ'f~a Lee, provided t:he floor area limits s for.th in this chaptec are noc exceeded. (b) Nonconforming Uses. Any use existing on the effective date of an o.::dinance aPf_)lying the CD zone ar applying the GF combining district to the property wh9.re such use f'xists and which, prior to that date, was a lawful conforming permitted use or conditional use operating subject to ;.) conditional use permit, shall be deemed to be a conforming use. Such uses shall be per m:i tted to remode 1, improve or replace site improvements on the same site without necessity to comply with site development regulations for continual use and occupanGy by the same use. Any !:';:Jzh remodeling, improvement or replacement shall result in increased floor area, height, length or any other increase in the size of the improvement only pursuant to the exceptions to floor area ratio regulations set forth in section 18 .. 48.060. For purposes of this section, an existing use is defined as: L A use being conducted on the effective date of an or:-dinance applying the CD zone or applying 1-.he GP combining district to the property where such us0 exists~ or 2. A use not being conducted on the effective date of an ordinance applying the CD zone or applying the GF combining dis tr ic t to a property, if the use is tempo rarily discontinued due to a vacancy of s:i x ( 6) months or less before the effective date of an ordinance. apply ing the CD zone or applying the GF combining district to the property where such use existed. If a use ia deemed existing put·suant· to this suh."".lection, but remt:1ins dis continued for twelve ( 12) coriS:>~cutive months, it shall be considered abandoned and may be replaced only by a conforming use. 3. ,· ·; .. '' .. ''··' {c) Noncomplying Facilities. Chapter 18.94 r.ot- withstanding, a noncomplying facility existing on the effective date of this chapter and which, when built, was a complying facility, shall be deemed to be com plying. Such a facility shall be permitted to be remodeled, improved or replaced without necessity to comply with site developtnen t regulations. Any such remodeling, 1 mprovemen t or r-eplacemen t sha 11 result in increased floor drea, height, length or any other increase in the size of the facility only pursuant to the exceptions to floor area ratio regulations set forth in section 18.48.060. {d) Prohibition of ih.lisance. All uses, whether permitted or-conditional, shall be conducted in such a manne~ so as to preclude any nuisance, hazard, or commonly recognized offensive conditions or characteris tics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illumination. Prior to issuance of a building permit or occupancy per- mi t, or at any other tir;-,e, the chief building official may require evidence that adequate controls. measures, cir devices have been provided to en sure and pro tee t the public interest, health, comfor;t, conveni·ence, safety, and general welfare from such nuisance, hazard, or offensive condition. {e) Requirement for Showers. Employee shower facilities shall be provided for any new building con structed or for any addition to or enlargement of any existing building in compliance with the following table: USE Medical, profes sional, general business offices, financial· ser vic~s, business and trade schoolsr and general busi ness services GROSS FLOOR AREA OF NEW CONSTRUCTION (IN SQUARE FEET} 0 -9,999 10,000 -19,999 20,000 -49,999 50,000 and up 4. NUMBER.Of!' SHOWERS REQOIRED No Requirement 1 2 4 i I 'i I GROSS FLOOR AREA OF MEW CONSTRUCTION NUlllBER OF llSE jIM SQUARE FEET) SHOWERS REQUIRED Retai 1, personal, 0 -24, 999 No Requirement and eating and 25,000 -4.9., 999 1 drinking services 50,(100 99,999 ., -.. 100,000 and up 4 (f) Sites Abutting Residential Development. Sites abutting or ""1~ving a·.ny por-tion located within forty-five point seven {45.7} metec-s (one hundred and fifty (150) feet) of any RE, R-1, R-2, RM, or dny re district permitting single family development or multiple family developm~nt shall be subject to the following additional height and yard requirements: 1. The maximum height within seven { 45. 7} meters (one hundced and of any RE, R-1, R-2, RM, or applicable not exceed tt1e height limit of the residential zone within one hundred feet. forty-five point fifty (150) feet) PC district shall most res tr ic ti ve and fifty (150) 2. On any portion of a site in the CD district which abuts a site in any RE, R-lf R-2, RM, or appli cable PC district, a minimum interior yard of three (3) meters (ten ( 10) feet) shall be required, and a solid wall or fence between one point five and two point four ( 1. 5-2. 4) meters (five and eight ( 5-8) feet) in height shall be constructed and maintained along the common site line. The minimum interior }'ard shall be planted and maintained as a landscaped screen. 3. On any portion of a site in the co district which is opposite from a site in RE, R-1, R-2, RM, or applicable PC district and separate therefrom by a street, alley, creek, drainage fac i 1 i ty, ox:-other open area, a 'minim.um yo.rd of thcee ( 3) meter:-s (ten ( 10) feet) shall be req·uired. The minimum yard shall be planted and maintained as a landscaped screen, excluding areas required for access to the site. 4. Sites sharing a common block fo,ce with any RE, R-1, R-2, RM, or applicable PC district permitting single family or multiple family de\lelopment shall have a minimum street setback equal to the residentially zoned setback for forty-five point seven (45 .. 7) meters (one hundred and fifty (150) feet) from the single family or multiple family development. 5. '·::· ,'. ~ !. i1' • 18.48.050 Pe:-•itted and conditional uses. The permitted and conditional uses in the CD-C, CD-S and CD-N subdistricts are set forth in th~ following matrix: USES CD-C CD-S CD-N Accessory facilities and uses customarily incidental to per-rnit-· ted uses: Permitted Permitted Permitted Administrative office services as limited by section 18.48.080(d}: c~ot Allowed Permitted '-:ot Allo•#ed Ambulance services~ Conditional Conditional Conditional Animal care, but ex cluding boarding and kennels: Permitted Per-mitted Permitted Animal care, including boarding and kennels: Not Allowed Conditional Not Allowed Automotive se~vices: Aut0mobile service stations, subject to site and design ~eview in accordance with the provisions of chapter 18.82: Business and trade schools: Church~s and religious institutions: Commercial recreation: Convalescent facili ties: Day care centers, l~rge day care h6mes, small day care homes and residential care homes: Not Allowed Conditional Not Allowed Condit.i.onal Conditional Conditional Permitted Per-mitted Not Allowed Permitted Per-mitted Conditional Conditional Conditional Condit iona 1 Permitted Permitt-ed Conditional Permitted Permitted Permitted 6 .. USES CD-C CD--S CD-N Drive-in services or take-~ut services, associated with per mitted uses, so long as drive-up facili ties, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 304.8 meters {l,000 feet) and each use shall not be less than 45.7 meters (150 feet) from one another: Conditional Conditional Conditional Eating and drinking services, except drive-in and tak~-out services; ~,armer: s' markets: Financial services, except drive-in services: General business Permitted Permitted Permitted Condit iona .l Conditional Condi!: iona l Permitted Permitted Conditional services: Conditional Permitted Not Allowed Home occupations, when accessory to. permitted residential uses: Permitted Permitted Permitted Hotels without kitchens: Permitted Permitted Not Allowed Hotels with not more than ten percent (10%) of rooms with kltchens: Conditional Conditional Not Allowed Hotels built after August 5, 1985, having an unlimited number of rooms with' kitchens: Conditi.onal Conditional Not Allowed Liquor stores: Permitted Permitted Conditional 7. • USES Lodging: Medical, professional and general business off ices: Mo :ct ua r i es: Outdooc, cecreation CD-C Permitted Permitted Permitted CD-S CD-N Permitted Permitted Permitted* Permitted** Permitted Conditional services: Conditional Conditional O>nd1tional Parking as a p~inci- pal use: Conditional Conditional Not Allowed Personal se=vices: Permitted Permitted Pe~mitted Private clubs, lodges or fraternal o~ganiza- tions: Permitted Permitted Conditional Private educational facilities: Permitted Permitted Conditional Retail se~vices Permitted Permitted Permitted*** Shopping centers Permitted Not Allowed Not Allowed Single family uses, two family uses and multiple family uses: Permitted Permitted Permitted Tire, battery and automotive service facilities, when op erated incidental to a permitted retail service or shopping center,having a gross floor area of more than thirty thousand (30,000} square feet: Conditional Not Allowed Not Allowed * ** *** As limited by section 18.48.0SO(d) below. A.s limited by section 18. 48.090(d) below. Excluding liquor stores, which are conditional a. uses. ''i '' lT1ES co;..c co-s CD-N Temporary parking facilities, provided that such facilities shall·remain no more than five ( 5) years: Conditional Condit ion a 1 Condi t.iona 1 Transportation terminals: Not Allowed Conditional Not ,?\l lowed Ut.ilities facilities essential to provision of utility services, but excluding con- struction or storage yards, maintenance facilities or corpora- ti on yards: Conditional Condit ion a 1 Conditional Warehousing and dis- tribution: Not Allowed Con d i t i on a 1 Not Allowed 18.48.060 Site development regulations. The site development regulations in the CD-C, CD-S and CD-N subdistricts are set forth in the following matrix, provided that more restrictive regulations may be recom ~ended by the a~chitectural ~eview board and approved by the director of planning and community environwent, pur suant to chapter 16.48. General regulations that apply thro_ughout the CD district are set forth in section 18.48.040. Additional regulations for the cn-c subdis trict are set forth in section 18.48.070.. Additional regulations for the CD-S subdistrict are set forth in section 18.48.080. Additional regulations for the CD-N subdistrict are set forth in section 18.48.090. SITE· DEVELOPME~T REGULATIONS CD-C* CD-S* CD-N* Area: No requirement No requi~ement ·Ne i:.·equirement Width: No requirement No requirement No r·equi rement D~pth: No requirement No requirement No requirement * These regulations may be modified by the regulations se.t forth in sections 18.48.040t 18.48.07<~-18.48.080 and/or 18.48.090. 9. ., I"'.';, ,,' l·i'' SITE DEVELOPMENT REGULATIONS co-c• CD-S* CO-N* Front yard: No requirement No requirement Mini mum 10 feet planted and maintained as a landscape screen, E!X- eluding area requ i t·ed for site access. Rear yarl,: No requirement No i:.·equi:cement No requirement Side yard: No requirement No requirt::!ment No required interior; min- imum street side yard 6.1 meters ( 20 feet). Floor area ratio (FAR) : 1. 0 to 1 0.4 to 1 0.4 to l * These regulations forth in sections 18.48.090 .. may be modified by the regulations set 18.48.040, 18.48.070, 18.48.080 and/or (.:i.) For purposes of calculating floor area. ratio for ~onresidential uses under this chapter, "gross floor area" includes not only the area defined in section 18.04.030(65), but also all covered at or above grade parking for nonresidential uses, no matter how slightly above grade such parking is. (b) Exceptions to FAR regulations: 1. When a building is being expanded, square footage which, in the judgment of the chief building official, does not increase the usable floor area, but is necessary to conform the building to Title 24 of the California Administrative Code, regarding handicapped access, shall not be counted as floor ar~a. 2. When a building that i:; in Seismic Category I, II or III is being seismically rehabilitated to the analysis standards referenced in chapter 16. 42 of this code, such building shall be allowed to increase its floor area by two thousand and five hundred , ( 2, 500} square feet or by twenty-five percent (25%) of the 10 .. •'.1 existing building, whichever is greater without having this increase count· toward the FAR~ however, .. all square footage shall be counted as square footage for the pur poses of the three hundred and fifty thousand. ( 350, 000) square foot limit on development (section 18.48.030) and· the project size limit (section l8.48.040(a)) and in no event shall a building expand beyond a FAR o £ 3. 0 to 1 in the CD'."."C subdistrict and a FAR of·. 2. 0 to 1 in the CD-S and CD-N subdistricts. This exception shall be allowed on a site only once. 3. A building that is in Historic Category 1 or 2 (and which is not in Seismic Category I, II or III) shall be allowed to increase its floor area by two thousand and five hundred (2,500) square feet or by twenty-five percent (25%) cf the existing building, whichever is greater without having this increase count toward the FAR~ however, al J. square footage sha 11 be counte0 as square footage for the purposes of the three hundred and fifty thousanii (350,000) square foot limit on development (section 18.48.030) and the project size 1 ind t (section 18. 48. 040 (a)) and in no event shall a building expand beyond a FAR of 3.0 to 1 in the CD-C subdistrict and a .FAR of 2.0. to l in the CD-S and CD-N subdistricts. This exception shall be allowed on a site only once. 4. A building that is not in Historic Category 1 or 2 nor in Seismic Category I, II or III shall be allowed to increase its floor area by two hundred (200} square feet without having this increase count toward the FAR; however, all square footage shall be count'd as square footage ftir the purposes of the three hundred and fifty thousand (350,000} square foot limit on develop ment (secti~n 18.48.030} and the project size limit (section 18.48.040(a)) and in no event shall a building expand beyond a FAR of 3.0 to .l in the CD-C subdistrict and a FAR of 2.0 to 1 in the CD-Sand CD-N subdistricts. This,•iception shall be allowed on a site only once~ s. In the CD-Sand CD-N subdistricts, (i) RM(3) or RM( 2) density shall apply to residential developments and (ii) in a mixed residential and nonresidential development, RM(J) or RM(2) density shall be allowed in addition to the O. 4 nonresidential FAR.. In no case shall the floor area ratio of the nonresid~.nt1ai uses exceed the base FAR.set forth above. CD-S (See Map 2) RM-3 density, except RM~2 density in Areas 1 and 2 11. CD-N (See· Map 3) RM-3 density, except RM-2 density in Areas l and 2 SITE DEVELOPMENT REGULATIONS Site coverage: Height: Accessory facilities uses: co-c co-s No requirement No requirement CD-N Maximum of 50% of site. 50 foot maximum 50 foot maximum 25 foot maxi-· mum, except 35 foot maximum where one or more floors of pr·incipal facility are i n re s i den t i a 1 use. Regulations governing accessory facilities and uses, and governing the application of site and development regulations in specific instances are established by chapter 18.88. 18. 48. 070 Additional regulations in the co-c ~t•...,,., :~ ..... cict. The fol lowing addition a 1 regulations tihall apply in the CD-C subdistrict: (a) Outdoor Sales and Storage. All permitted off ice and commercial activities shall be co~ducted within a building, except for incidental sales and dis play of plant materials and garden supplies occupying no more than one hundred and eighty-six (186) square meters (two thousand {2,000) square feet} of exterior sales and display. area, and except for outdoor eating areas operated incidental to permitted eating and drink ing services, and except for farmers' markets which have obtained a conditional use permit. Any permitted out door activity in excess of one hundred and eighty-six { 186.) square meters (two thousand ( 2, OCJO) square feet) shall be subject to a conditional use permit. Exterior storage shall be prohibited. ( b) usable Open Space. For exclusi V3 residential use of any site# not less than twenty-seven point nine (27.9) square meters (three hundred (300) square feet) of usable open space per eacr1 dwelling unit shall be provided on the site. For mixed residential and nonr~s idential use on any site, no usable open space shall be required~ 12. ' . ' ' ' ; ~' ' ' '· I (c) Daylight Plane. Sites sharing any lot line with one or more sites in any RE, R-1, R-2, RM, or any residential PC district shall be subject to a maximum height established by daylight planes that are identical to the daylight plane requirements of the most restric tive residential district abutting each such side ·or rear site line. Such daylight plan~s shall begin at the applicable side or rear site lines and increase at the required slope from. these site lines until intersecting the height limit otherwise established for the CD-C subdistrict. {d) Residential Density. For exclusive residen- tial use on any site or for mixed residential and nonresidential use on any site, the minimum site area per dwelling unit shall be two hundred thirty-two (232) square meters (two thousand five hundred (2,500) square feet) for the first dwelling unit and eighty-three point si~ (83.6) square meters (nine hundred (900) square fee:) for ea.ch additional dwelling unit. In computing resldential densities for mixed residential and nonresi dential uses, there shall be no deduction for that portion of site area in nonresidential use. In develop ments of ten (10) or more units, where below market rate (BMR) housing units are provided, these residential density levels may be exceeded by one additional housing unit for each BMR unit provided, up to an increase of fifteen percent (15%) over the otherwise p~escribed number of units. All other site development regulations shall apply, including, but not limited, to the floor area ratio set forth in 18.48.060. 18 • .&8.080 Additional regulations in the CD-S sub- district~ The followi.ng additional regulations shall apply in the CD-S subdistrict: (~) Outdoor Sales and Storage. Outdoor sales and displ~y of merchandise, and outdoor eating areas opera ted incidental to permitted eating and drinking services shall be permitted subject to the following regulations: 1. Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditionitl use permit. 2. Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, tr~iler coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-street parking facilities with respect to paving, i3. ' .. ; grading, drainage, access to public streets and alleys, safety and protective featuC"es, lighting, landscaping, and screening. 3. Exterior storage shall be prohibited, unless screened by a sol id wall or fence of between one point five and two point four (l.5-2.4} meters (five and eight (5-8) feet) in height. (b) Usable Open Spa~e. I'or exclusive residential use of any site, not less than twenty-seven point nine {27.9) square meters (three hundred (300) squaxe feet) of usable open spac~ per each dwelling unit shall be provided on the site. For mixed residential and nonres idential use on any site, no usable open space shall be required. (c) Daylight. Plane. Sites sharing any lot line with one or more sites in any RE, R-1, R-2, RM, or any residential PC district shall be subject to a maximum height 1establ ished by a daylight plane beginning at. a height of three (3) mete~s (ten (10) feet) at the appli cable side or rear site lines and increasing at a slope of one ( 1} meter for each two ( 2} meters of distance from the sid~ or r-ear site lines until intersecting the heig~t limit otherwise established for the CD-S subdis trict; provided, however, that for a use where the gross floor area excluding any area used exclusively for parking purposes, is at least sixty percent (60%) residential, the daylight planes may be identical to the daylight plane requirements for the most restrictive residential district abutting each side or rear site line until intersecting the height limit otherwise esta blished for the CD-S subdistrict. If the residential daylight plane, as allowed in this section, is selected, the setback. regulations of the same adjoining residen tial district shall be imposed. (d) Office Uses. Offi~e uses shall be governed by the following additional regulations: 1. No new gross square footage of a medical, pro fessional or general business or administrative off ice use shall be allowed, once the gross square footage of such office uses, or any combination of such uses, on a site has reached five thousand {5,000) gross square feet. 2. No conversion of gross square footage from any other use to a medical, professional 6r general business or administrative office use shall be allowed once the 14. -'..: ·. gross square footage of such office uses, or any combin ation of such uses, on a site has reached five thousand (5,000) gross square feet. 3. "edical, professional or general business or administrative office uses existing on the effective date of this subsection and which, ?rior to that date, were la~ful conforming permitted uses or conditional uses operating subject to a conditional use permit shall be dee:ned to be conforming uses. Such uses shall be permitted to remodel / improve, or re place site improve ments on the same site without having to comply with section 18.48.070(d){ 1) or (2); provided, that any such cemodel ing, impr-ovement or replacement shall not result in increased floor-a~ea devoted to such office uses. 18. 48. 090 Additional regulations in the CD-N subdistrict. The following additional regulations shall apply in the CD-N subdistrict: (a) Outdoor Sales and Storage. All permitted office ~nd commercial activities shall be conducted within a building, except for incidental sales and dis play of plant materials "Ind garden supplies occupying not more than forty-six point five (46.5) square meters (five hundred (500) square feet} of exterior sales and display area, and except for farmer3• markets which have obtained conditior.al use permits. (b) Us3ble Open Space.. For exclusive t'esidential use on -iny si toe, not less than forty-one point eight (41.8) square ~eters {four hundred and fifty (450) squat"e feet} of usable open space per each. dwelling unit shall be pt'ovided on the site. For: mixbJ residential and nonresidential use on any site, no usable open space shall be required. {c) Daylight Plane. Sites sharing any lot line with one or more sites in any RE, R-1, R-2, RM, or any residential PC district shall be subject to a. maximum height established by a daylight pl.:..ne beginning at a height of three (3) meters (ten (10) feet) at the appl] cable side or rear site lines and increasing at a slope of one ( 1) meter-for each two (2) . meters of distance from the side or rear site ltnes until i:.terqecting the height limit otherwise establish~d for the CD-N subdis trict: provided, however, that for a use where the gr.oss floor area excluding any area used exclusively for parkirag purposes, is at least sixty percent (60%) resi dential, the daylight planes may be identical to the daylight plane requirements for the most restrictive residential district abutting each side or rear site 15. -,'·' ... -----------------------------------------------~-------~~ line until intersecting the height limit otherwise esta bl ihed foc the CD-N subdistrict. If the residential daylight plane, as allowed in this section, is selected, the setback regulations of the same adjoining residen tial distcict shall be imposed. {d} Size of Office Uses. Office uses sh~ll be governed by the following additional regulations: 1. No new gross square footage of a medical, professional or general buisness office use shall be allowed, once the gross square footage of such office uses, or any c·.:>:nbination of such uses, on a site has reached five thousand (5,000) gross square feet. 2. No conversion of gross square footage from any other use to a medical, professional or general business off ice use shall be allowed once the gr,oss square foot age of such office us,~s, or any combination of such uses, on a site has reached five thousand (5,000) gross square feet. 3. Medical, professional or general busit1ess office uses existing on the effective date of this subsection and which, prior to th~t dat~, were lawful conforming permitted uses or conditional uses operating subject to a conditiond.l 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 having to comply with sec ti on 18.48.080(d) (1) or (2): provided that any such remodeling, improvement or ~eplacement shall not resul~ in increased floor area devoted to such off ic~ uses. ( e) Size of Commercial Esta bl ishmen ts. :?er mi tted commercial uses shall not exceed the floor a.:ea • per individual use or business establishment shown in the following table~ Such uses may,be allowed to exqeed the maximum estab.lishmeot s~ze, subject to issuance of a conditional use permit in accord with ch;;tpter 18. 90. The maximum establishment size for any conditional ·use shall be established b~· the zoning administrator and specified in the conditional use permit for such use. OSB Personal Services: Retail Services, Except Grocery Stores 16. MAXIMUM GROSS FLOOR AREA 212 Square Meters ( 2, 500 Square Feet) lf394 Square Meters (15,000 Square Feet) OSE Grocery Stores Eating and Drinking Services RAXIMU" GROSS FLOOR AREA 1,858 Square Meters (20,000 Square Feet) 465 Square Meters (5,000 Square Feet) 18.48.100 Parking regulation~. The pcovisions of chapter 18.83 regarding loading requirements, bicycle facility requirements, parking r-equirements for residen tial uses, and parldn9 r:"equit"ements for nonresLjential uses outside a parkin9 assessment district, formed and assessed under Bond Plan G financing pursuant to Title 13, shall apply in the CD district. However, with re spect to on-site and off-site par-king space requicements for noncesidential uses within an assessment district wherein properties are assessed under a Bond Plan G financing pursuant to Title 13, the follofrl'ing require ments shall apply in the CD district in lieu of t.he requirements of chapter 18.83: (a) On-Site Parking. Any ne.,,.. development, any addition or enlargement of existing development, or any use of any floor area that has never been assessed under any Bond Plan G financing pursuant to Title 13, shall provide one ( 1) parking space for each two hundred and fifty ( 250} gross square feet of flooc area, except as may be exempt from such requirement by the provisions of subsection (b). The purpose of this subsection is to t~egula te the number of parking spaces re qui red. Re quirements .::or the size and other design cr:iter.ia fo·c parking spaces shall continue to be governed by the provisions of chapter 18.83~ · (b) Exceptiqns. The requirement for on-site park . ing provided in subsection (a) shall not apply in the following instances; 1. Square footage for: (i) Handicapped access which does not increase the usable floor at'ea, as determined pursuant to section 18.48.060(b)(l). (ii) An increase in square footage in con junct:ion with seismic rehabilitation, pursuant to section 18.48.060(b) ( 2). (iii) An increase in square footage o( a histocic building, pursuant to section 10~48.060(b)(3)~ 17. (iv) A minor increase of two hundred (200) square feet or less, pursuant to section l8.48.060(b)(4). (v) At or above grade parking, though included in the FAR calculations, as set fat"th in section l8 •. 48.060(a), shall not be subject to the on-site park ing regulations of subsection (a) above. 2. Vacant pa reels sha 11 be exempt from the requirements of subsection (a} at th~ tirne ~hen develop ment occurs as provided herein.. Such developrner.t shall be exempt to the extent of ?.ero point three ( 0 .. :: ) park i ng spaces for every one thousand (1 1 000) square feet of site area, provided that such pat"cel~; were at some time assessed for parking unde.c a Bond Pl an E fi na nc ing pur suant to chapter 13.16 Ot" were subjecl: to other ad valorem assessments for parking. 3. No new packing spaces will be required fot" a site in conj unction with the development or ce placement of the amount of floor area u~ed for nonreside~tial use equal to the amount of adjusted square footage for the site shown on the engineer's report fer fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition o~ improvements in that certain area of the city delineated on the map of the University Avenue parking assessment district entitled, "Proposed Bound aries of University Avenue O'Cf-Street Parkl.ng Project #75-63 Assessment District, ~it~· 0f Palo Ah:.:o~ County of Santa Clara, State of California," dated OCtober 30, 19 78, and on file with the city clerk. Howevel:', .sqc.'.;.L"e footage which was developed for nonresidential purposes or which has been used foe nonresidential purposes but which is not used for such purposes due to vacancy at the time of the engineer:• s report shall be included in the amount of floor ~rea qualifying for this e~em~tion. No e;;;em(.ition frn.m parking requirements shall be a.vai 1- able where a residential use changes to a nonresidential U'"e .. , ( c) Off-Site Parking. Parking required by this chapter may be provid€'1 by off-site parking, provided that such off-sit~ parking is within a reasonable dis tance of the site using it or, if the site is within an assessment district, within a re~sonable distance of the assessment distri0t boundary and approved in writing by the di~ector of planning and community environment. The director shall assure that sufficient covenants and guarantees are provided to ensure use and maintenance of. such parking facilities, including an enforceable agree ment that any development occurring on the site where parking is provided shall not result in a net reduction 18. of parking spaces provided, considering both the parking previously provided and the parking required by the proposed use. ( d} In-Lieu Parking Provisions. In connection with any expansion of the supply of public parking spaces within the CD commerc.ial downtown district, the city shall allocate a number of spaces for use as 11 in l ieu parkingn spaces to allow development to occur on sites which would otherwise be precluded from develop ment due to p,arking constraints imposed by this chapter .. Off-site parking on such sites may be provided by pay ment of an in-lieu monetary contribution to the city to defray the cost of providing such parking. ContC'ibu tions for each 1:.·equired parking space shall equal the incremental cost of providing a net new parking space in an assessment district project plus cost for the admin istration of the program, a 11 as determined b}' the director of planning and community environment, whose decision shall be final. Only sites satisfying one or more of the following er i teria, as determined by the director of planning and community environment, shall be eligible to participate in the in-lieu parking program: 1. Construction of on-site parking would neces sitate destruction or: substantial demolition of a designated historic structure. 2. The site area is less tha.n ten thousand (10,000) square feet and it would not be physically fea sible to provide the required on-site parking. 3. The site is greater than ten thousand (10,000) square feet, but of such an unusual configuration that it would not be physi~ally feasible to p~ovide the required on-site parking. 4. The site is loqated in an a~ea where city policy precludes curb cuts or otherwise prevents use of the site for on-site parking. 5. The site ha::i other physical consti:·aints, such as a high ground water table, which preclude provision of on-site parking without regular pumping of subsoil water or other extraordinary expense. (e) Underground Parking. deeper than two ( 2) levels below hibit:.ed unless a soils report or demonstrates that regular pumping will not be required. 19. Unrlerground parking grade shall be pro engineering analysis of subsurface water I: 18. 48 .110 Pedestrian regulations. The pedes- trian shopping combining district af chapter 18.47 shall apply to the area of the CD district designated "P" combining district as shown on Map 4 incorporated within this chapter. 18.48.120 Ground floor (GF) regulations. The ground floor regulations are intended to modify the uses allowed in the CD district and subdistricts to allow only retail, eating and service-oriented commercial develo prnen t on the ground floors. For the purposes of this section, "ground floor" means the first floor which is at. or above grade. The ground floor t~egulations set forth in this chapter shall apply to the area marked 11 GF 11 combining district, shown on Map 5 and incocporated in this chapter, and shall apply in lieu of the uses normally allowed in the CD distt·ict. All regulations, other than those of use, as set forth in this chapter, shall apply to the underlying districts. (a) Permitted Uses. On a site in the GF combining district, seventy-five per-cent (75%) of the devialoped ground floor area and one hundred percent ,100%) of the portion of the developed floor area front:>..1,g en streets shall be limited to the follo~ing uses: 1. Ea ting and drinking. 2. Hotels. 3. Personal services. 4. Retai 1 services. 5. Theatel:"s. 6 • Travel agencies. . 7. Entrance, lobby or reception areas for non grourid floor uses.· All other uses permitted in the underlying district are permitted, provided they are not on the ground floor. (b) Exception. Any use permitted in the und<"'rly ing district may apply to the director of planning and community environment for an exception to the permitted ground floor uses if the following condit~ons are met: 20. I. The initial application for the exception is made when the vacancy rate for ground floor properties within the GF combining district, as determined by City Sllrvey, is five percent (5%) or greater. (The City shall conduct the vacancy rate survey in September of each year.) 1 and 2. The applicant can demonstrate that the ground floor ::;pace for which the application is being made has been vacant and available for occupancy six ( 6) months or more at the time of the application. When an 1~xce pt ion is granted t it sha 11 be gr an t.ed fo~ a specific use for five (5) years 1 or for less time if requested by the applicant. 18.48.130 Historic preservation. Historic structures or sites designated on the historic inventory and located within the geographical boundaries of the CD commercial downtown district shall be subject to the regulations contained in the historic preservation ordinance, Chapter 16.49 of the Palo A1to Municipal Code~ SECTION 2. The Council hereby finds that the significant advar se-environmental ef fee ts of this or:-d inance have either r.ieen mitigated, are within the responsiblity and jurisdiction of another public agency, or specific economic, social or other con siderations make infeasible mitigation measures o~ alternatives to the ordinance, and that the benefits of this ordinance outweigh the unavoidable adverse environmental effects. SECTION 3. This ordinance shall become effective upon the commencement of the thirty-first day ~fter the day of its passage, and, upon that day, ordinance numbers 3502, 3570, 3586, 3589, 3625, 3626, 3680 and 3681 imposing, amending and/or extending moratoria in the downtown area shall be repealed. INTRODUCED: July 14, 1986 PASSED: July 28, 1986 AYEJ: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Woolley l~OES: None ABSTENTIONS: None ABSBNT: Ren?.el, Sutorius 21. ----------------------------------- Mayor · City Attorney APPROVED: ' ~'\. ( \ /'. , . . () . ·~-.1-g;; .. ,,. , --; / ./ (__,::-_~> 22. - I . - • 1 I I ·1 l 200 ST ---~:~~-~·=--~~· -- ~----·: =-==--=':;= --~-.... --·-··-7ze1 f" + "-J f 't ·o-. O" cr-,,.. 271 .-, 270 .. .,. . ............ _..,,; '-'.(p4 :!/\ 2!5 3 .. r 5l~ ' .... -. p)-241 -.L .. -·--·-------____ _...........,.. _ _.____ ·--~··--- ----------- • t. n ,.;.., .. ..1. __ _ "t) .. _._ ______ _ ..... ~ •. '\I 300 I . . . '3 '"" ..... ()--. COMMERCl"'L DOWNTOWN CD-tJ SUBOISTRICTS A.ND StTE DEVELOPMENT. AREAS. -~ ...... ~ ~ ~00 -·-···-·-· ... ·· / ,' 1'1. ,•',\I ..,. "\ c " ··1 j I . ·1 I I • I i i I i I I .. --···-- PF -·~7. 11 r--·--:---\..__ -' :" .......... -::-;-:---~ .. ______________ ... ~~~ • ., ...... ~ .• ~"".':' .... '~.-:· -~:~. ···:-:i•-.::~· :., ..... ~. -::.~,.~· ... •".--:i:r-1•••n•••••••••••o:--~·~-~--- :.1