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HomeMy WebLinkAbout1997-12-15 Ordinance 4472• • ORDINANCE NO. 4472 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS 18.04.030 AND 18.88.020 OF TITLE 18 OF THE PALO ALTO MUNICIPAL CODE REGARDING CARPORTS The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. A. The Planning Commission, after duly noticed public hearing held August 27, 1997, has considered and made its recommendations regarding proposed amendments to the provisions in Title 18 of the Palo Alto Municipal Code regarding carports; and 9. The City Council, after due consideration of the Commission's recommendations, finds that the amendments to Title 13 set forth below are in the public interest and will promote the public health, safety and welfare. SECTION 2. Section 18.04.030 of Chapter 18.04 off Title 18 of the Palo Alto Municipal Code is hereby amended by adding new subsection (24.5) and amending subsection (65) to read as follows: 18. 04.030 Definitions. (a) Throughout this title the following words and phrases shall have the meanings ascribed in this section. (24.5) "Carport' means a portion of a principal residential building or an accessory building to a residential use designed to be utilized for the shelter of one (1) or more motor vehicles, which is open (unenclosed) at the vehicular entry side and which has no more than two (2) sides enclosed. (65)(A) "Gross floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: (i) Halls; (ii) Stairways; (iii) Elevator shafts; (iv) Service and mechanical equipment rooms; (v) Basement, cellar or attic areas deemed usable by the chief building official; 1 910107 km 0010566 (vi) Open or roofed porches, arcades, plazas, balconies, courts, walkways, breezeways or porticos if located above the ground floor and used for required access; (vii) Permanently roofed, but either partially enclosed or unenclosed, building features used for sales, service, display, storage or similar uses; (viii) In residential districts, all roofed porches, arcades, balconies, porticos, breezeways or similar features when located above the ground floor. (H) Gross floor area shall not include the following: (i) Parking facilities accessory to a permitted or conditional use and located on the same site; iii) Roofed arcades, plazas, breezeways, porticos, and similar features enclosed by exterior walls, and courts, at or when accessible to the general public and not service, display, storage or similar uses. walkways, porches, not substantially near street level, devoted to sales, (iiii Except in the CD District. and in areas designated as special study areas, minor additions of floor area approved by the director of planning and community environment for purposes of resource conservation or code compliance, upon the determination that such minor additions will increase compliance with environmental health, safety or other federal, *ate or local standards. Such additions may include, but not be limited to, the following: a. Area designed for resource conservation, such as trash compactors, recycling and thermal storage facilities; b. Area designed and required for hazardous materials storage facilities, handicapped access or seismic upgrades; (iv) In c.^ :rcial and industrial districts except in the CD District and in areas designated as special study areas, additions of floor area designed and used solely for on -site employee amenities for employees of the facility, approved by the director of planning and community environment, upon the determination that such additions will facilitate the reduction of employee vehicle use. Such additions may include, but not be limited to, recreational facilities, credit unions, cafeterias and day care centers. (C) In the R-1 and R -E single-family residence districts, "gross floor area" means the total covered area of all floors of a main structure and accessory structures greater than one hundred twenty square feet in area, including covered parking and stairways, measured to the outside surface of exterior walls, subject to the following exceptions: 2 910107 lac 0080566 (i) Floor area where the distance between the floor and the roof directly above it measures 5.18 meters (seventeen feet) or more, shall be counted twice; (ii) Floor area where the distance between the floor and the roof directly above it measures 7.92 meters (twenty-six feet) or more shall be counted three times; (iii) Basements where the finished level of the first floor is not more than .91 meters (three feet) above the grade around the perimeter of the building foundation, shall be excluded from the calculation of gross floor area, provided that lightwells, stairwells and other excavated features comply with the provisions of Section 18.10.050(m), 18.12.050(o), 18.17.050(p), or 18.19.050(o), as applicable; and (iv) 60.69 square meters (two hundred square feet) of unusable third floor equivalent, such as attic space, shall be excluded from the calculation of gross floor area. (v) Carports shall be counted toward the maximum allowable floor area ratio requirements. SECTION 3. Section 18.88.020 of Chapter 18.88 of Title 18 of the Palo Alto Municipal Code is hereby amended to read as follows: 18.88.020 Accessory uses and facilities. (a) Accessory uses and facilities shall be permitted in any district when incidental to and associated with a permitted use or facility, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions of this section. (b) Accessory uses and facilities: (1) Shall bl sub.G.7dinate to the primary activity of the principal use or the principal facility, respectively; (2) Shall contribute to the comfort, convenience, efficiency, or necessity of the occupants or the activities of a principal use, or the function of a principal structure; (3) Shall be located on the same site as the principal use or structure served, except as otherwise authorized by this title. (c) Accessory uses and facilities include, but are not limited to, the following list of examples; provided that each accessory use or facility shall comply with all provisions of this title: principal use; (1) Residential garages, carports, and parking facilities, together with access and circulation elements necessary thereto; (2) Customer, visitor, and employee parking facilities, and off-street loading facilities, together with access and circulation elements necessary thereto; (3) Facilities for storage incidental to a (4) Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility; (5) Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use, when conducted entirely within a principal facility; (6) Building management offices when located within facility and limited to the management thereof; (7) Refreshment and service facilities in parks, in and in permitted public or private recreation schools; the principal playgrounds, facilities or equipment in institutions use. (8) The operation of service facilities and connection with schools, hospitals, and similar or uses, when located on the site of the principal (d) No use or facility permitted as an accessory use or facility pursuant to this section shall be construed to be permitted as a principal use or facility unless specifically authorized as a permitted or conditional use in the district in which it shall be located. Operation, occupancy, and continuance of allowable accessory uses and facilities shall be conditioned upon the continued occupancy or use of the principal use or facility being served. (e) Accessory buildings located within a required interior yard, as permitted by this section, shall not individually or cumulatively occupy an area exceeding fifty percent of the required rear yard. SECTION 4. Except as amended by Section 2 of this Ordinance, all provisions of Section 18.04.030 of Title 18 of the Palo Alto Municipal Code remain unchanged. SECTION 5. The following projects are exempt from the change in regulations enacted by this ordinance: A. Any of the following development projects as they are currently described and on file with the City, each of which 4 980107 lac 0080566 has commenced and/or completed the Compatibility Review process described in Chapter 16.50 on or before November 21, 1997, so long as a building permit for a carport is obtained on or before December 31, 1998: 1. 1012 Fulton File No. 97-HRB-84 2. 1646 Castilleja File No. 97-HRB-144 3. 851 Homer File No. 97-HRB-155 =':. . 219 Rinconada File No. 97-HRB-185 5. 2145 Emerson File No. 97-HRB-262 6. 1022 Webster File No. 97-HRB-98 7. 235 Embarcadero File No. 97-HRB-270 B. Any development project for which a complete application for building plan check review has not been received and filed on or before December 1, 1997 shall be subject to this Ordinance. SEQTION 6. The Council finds that this ordinance is exempt from CEQA in that it modifies design standards for single-family residences, which are already exempt from environmental review. SECTION 7. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: December 1, 1997 PASSED: December 15, 1997 AYES: ANDERSEN, EAKINS, HUBER, KNISS, ROSENBAUM, WHEELER NOES: ABSENT: FAZZINO ABSTENTIONS: NOT PARTICIPATING: ATTEST: MCCOWN, SCHNEIDER City Clerk VED AS/'iV FORM: rector of P1 nra ' - g and or Ass City Attorney Community Env ronment 980107 lac 0080566