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HomeMy WebLinkAbout1996-12-16 Ordinance 4392ORDINANCE NO. 4392 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 18.49.060 (CD DISTRICT REGULATIONS) OF THE PALO ALTO MUNICIPAL CODE AND ADDING CHAPTER 18.87 REGARDING TRANSFERABLE DEVELOPMENT RIGHTS WHEREAS, the Planning Commission, after duly noticed public hearing held June 26 and September 11, 1996, has recommended that Title 18 of the Palo Alto Municipal Code be amended as hereinafter set forth; and WHEREAS, the City Council, after due consideration of the recommendations, finds that the proposed amendments are in the public interest and will promote the public health, safety and welfare, in that existing City policies promoting preservation of designated buildings of historic or architectural significance and seismic rehabilitation of buildings will best be implemented through adoption of a Transferable Developrnenr. Rights ordinance. NOW, THEREFORE, the Council of the Cit- of Palo Alto does ORDAIN as follows: SECTION 1. Section 18.49.060 (CD District Site Development Regulations) of Chapter 18.49 of the Palo Alto Municipal Code is hereby amended to read as follows: 18.49.060 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 recommended by the Architectural Review Board and approved by the Director of Planning and Community Environment, pursuant to Chapter 16.48. General regulations that apply throughout the CD district are set forth in Section 18.49.040. Additional regulations for the CD -C subdistrict are set forth in Section 18.49.070. Additional regulations for the CD -S subdistrict are set forth in Section 18.49.080. Additional regulations for the CD -N subdistrict are set forth in Section 18.49.090. SITE DEVELOPMENT REGULATIONS Area: Width: Depth: Front Yard: CD -C* No requirement No requirement No requirement No requirement CD -S* CD -N* No requirement No requirement No requirement No requirement No requirement No requirement No requ i rement Minimum 10 feet planted and maintained as a landscape 961218 lac 0080309 screen, excluding area required for site access. Rear Yard: No requirement Side Yard: No requirement Floor area ratio (FAR): 1.0 to 1 No requirement No requirement No requirement No required interior; minimum street side yard 6.1 meters (20 feet) 0.4 to 1 0.4 to 1 *These regulations may be modified by the regulations set forth Sections 18.49.040, 18.49.070, 18.49.080 and/or 18.49.090. (a) Definitions. (1) For purposes of calculating floor area ratio for nonresidential 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. (2) As used in this Chapter, "historic rehabilitation" means returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. (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, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding handicapped access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. (2) When a building that is in Seismic Category 1, I1 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 five hundred square feet or by twenty-five percent of the 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 purposes of the three hundred fifty thousand square foot limit on development (Section 18.49.030) and the project size limit (Section 18.49.040(a) and in no event shall a building expand 2 961218 lac 0080309 • • beyond a FAR of 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. If the site or the building is also in Historic Category 1 or 2, then no floor area bonus shall be granted under this subsection unless the project also includes, to the extent not already accomplished, historic rehabilitation conforming to the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR § 67, 7) (3) (A) When a building is in Historic Category 1 or 2 and historic rehabilitation is performed thereon, such building shall be allowed to increase its floor area by two thousand five hundred square feet or by twenty-five percent of the 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 purposes of the three hundred fifty thousand square foot limit on development (Section 18.49.030) and the project size limit (Section 18.49.040(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 1 in the CD -S and CD -N subdistricts. This exception shall be allowed on a site only once. Any exterior building modifications or additions made under this subsection (b)(3) shall conform to the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR § 67,7). If the site or the building is also in Seismic Category 1, II or III, then no floor area bonus shall be granted under this subsection unless the project also includes, to the extent not already accomplished, seismic rehabilitation to the analysis standards referenced in Chapter 16.42 of this Code. (B) Upon City Council approval, the floor area bonus described in subsection (b)(3)(A) may be used on a site in Historic Category 1 or 2 cumulatively with the floor area bonus described in subsection (b)(2) of this Section. Such approval is discretionary and may be granted only upon making both of the following findings: (i) the exterior modifications for the entire project comply with the U.S. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR § 67,7), and (ii) the on -site use of the cumulative floor area bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site. The applicant for onsite use of a cumulative floor area bonus shall have the burden of demonstrating the facts necessary to support the findings required for Council approval. (C) The floor area bonus described in subsection_ (b)(3)(A), singly or cumulatively with the floor area bonus described in subsection (b)(2) of this Section, may be transferred to a non -historic receiver site within the Downtown CD zoning district in accordance with the transfer of development rights program described in the Comprehensive Plan and in Chapter 18.87 of this Title. Such a transfer shall not be subject to the discretionary Council approval set forth in paragraph (B) of this subsection (b) (3) . 961211 lac 0080309 (D) A building in Historic Category 1 or 2 which currently exceeds FAR of 3.0 to 1 if located in the CD -C subdistrict or 2.0 to 1 if located in the CD -S or CD -N subdistricts shall nevertheless be allowed to obtain a floor area bonus for qualifying rehabilitation work as described in paragraphs (A) and (B), subject to the following limitations: (i) The floor area bonus shall not be used on the site of the Historic Category 1 or 2 building, but instead may be transferred to another property or properties under the provisions of Chapter 18.87 of this Code; and (ii) The floor area bonus shall be fifty percent (501) of the maximum allowable floor area for the site of the Historic Category 1 or 2 building, based upon a 3.0 to 1 ratio if located in the CD -C subdistrict, or 2.0 to 1 if located in the CD -S or CD -N subdistrict. (4) A building that is not in Historic Category 1 or 2 nor in Seismic Category 1, II or III shall be allowed to increase its floor area by two hundred square feet without having this increase count toward the FAR; however, all square footage shall be counted as square footage for the purposes of the three hundred fifty thousand square foot limit on development (Section 18.49.030) and the project size limit (Section 18.49.040(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 1 in the CD -S and CD -N subdistricts. This exception shall be allowed on a site only once. (5) In the CD -S and CD -N subdistricts, (i) for exclusive residential use on any site, the regulations and guidelines set forth in Chanters 18.24 and 18.28, or Chapters 18.22 and 18.28, respectively, of the Palo Alto Municipal Code shall apply, and (ii) for mixed residential and nonresidential use on any site, the regulations and guidelines set forth in Chapters 18.24 and 18.28, or Chapters 18.22 and 18.28, respectively, of the Palo Alto Municipal Code shall apply to that portion of the site area in residential use. In no case shall the floor area ratio of the nonresidential uses exceed the base FAR set forth above. CD -S (See Map 2) RM-30 regulations, except RM-15 regulations in Areas 1 and 2 CD -N (See Map 3) RM-30 regulations, except RM-15 regulations in Areas 1 and 2 4 96121* lac 0080309 BITE DZYNLOP T BZGUIATXCNiS Site coverage: Height: CD -C No requirement 50 foot maximum CD -S CD -L No Maximum of requirement 50% of site. 50 foot maximum 25 foot maximum, except 35 foot maximum where one or more floors of principal facility are in residential u s e Accessory Regulations governing accessory facilities and facilities uses, and governing the application of site and uses: development regulations in specific instances, are established by Chapter 18.88. (c) The floor area bonuses described in subsections (b) (2) and (3) of this Section shall be granted in accordance with the following requirements: (1) An application for such floor area bonus(es) must be filed with the Director of Planning and Community Environment, stating the amount of such bonus(es) applied for, the bases therefor under this section, and the extent to which such bonus(es) are proposed to be used onsite and/or for transfer. (2) Upon completion of such application, written determination of eligibility for the bonus(es) has been issued by the Director of Planning and Community Environment or the Director's designee, based upon the following: (A) In the case of the floor area bonus for seismic rehabilitation, the Chief Building Official has made a determination that the project complies with or exceeds the analysis standards referenced in Chapter 16.42 of this Code; (B) In the case of the floor area bonus for historic rehabilitation of a building in Historic Category 1 or 2, the Architectural Review Board, taking into consideration the recommendations of the Historic Resources Board, has found that the project complies with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; and 5 96121 * lac 00160309 • (C) In the case of cumulative seismic and historic rehabilitation bonuses which are proposed to be used onsite, the City Council has made the findings set forth in subsection (b)(3)(B) of this Section. (3) The City may retain an expert in historic rehabilitation or preservation, at the applicant's expense, to provide the City with an independent evaluation of the project's conformity with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. (d) The floor area bonuses described in subsections (b) (2) and (3) of this Section may be used on the site of the proposed seismic or historic rehabilitation project and a building permit issued therefor only upon satisfaction of all of the requirements in subsection (c) above. Upon determining that the project has been completed as approved, the Director or Director's designee shall issue a written certification which shall state the total floor area bonus utilized at the site, and the amount (if any) of remaining floor area bonus which is eligible for transfer to another site pursuant to the provisions of Chapter 18.67 of this Code. The certification shall be recorded in the Office of the County Recorder and a copy shall be provided to the applicant. SECTION 2. Chapter 18.87 is hereby added to Title 18 (Zoning Regulations) of the Palo Alto Municipal Code to read as follows: CHAPTER 18.87 TRANSFERABLE DEVELOPMENT RIGHTS 18.87.010 Purpose and Applicability. (a) The purpose of this Chapter is to implement the Comprehensive Plan by encouraging seismic rehabilitation of buildings in Seismic Categories I, II and III, and encouraging historic rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing standards and procedures for the transfer of specified development rights from such sites to other eligible sites. Except as provided in Section 18.87.080, this Chapter is applicable only to properties located in the CD zone, and is the exclusive procedure for transfer of development rights for properties so zoned. (b) The City may from time to time establish application forms, submittal requirements, fees, and such other requirements and guidelines as will aid in the efficient implementation of this Chapter. 18.87.020 Definitions. The following words and phrases, whenever used in this Chaptl., shall be construed as defined in this Section: 961218 lac 0080309 (a) "Certification" means certification by the Director of Planning and Community Environment of floor area eligible for transfer to another site as described in Section 18.49.060(d) of this Code. (b) "Receiver Site" means a site which receives floor area pursuant to the provisions of this Chapter. (d) "Sender Site" means a site which has received a certification by the Director of Planning and Community Environment of floor area eligible for transfer to another site pursuant to the provisions of this Chapter. (e) "Transferable Development_ Right" (or "TDR") means the floor area eligible for transfer a receiver site as described in Section 18.49.060(d) of this Code. 18.87.030 Eligibility for Transfer of Development Rights. Transferable Development Rights may be transferred to an eligible receiver site upon (a) certification by the City pursuant to Section 18.49.060(d) of the floor area from the sender site which is eligible for transfer, and (b) compliance with the transfer procedures set forth in Section 18.87.060. The City does not guarantee that at all times in the future there will be sufficient eligible receiver sites to receive such Transferable Development Rights. 18.87.040 Eligible Receiver Sites. Except as provided in Section 18.87.080, a site is eligible to be a receiver site only if it meets all of the following criteria: (a) It is located in the CD Commercial Downtown zoning district; (b) It is neither an historic site, nor a site containing a historic structure, as those terms are defined in Section 16.49.020 (e) of Chapter 16.49 of this Code; and (c) It is (i) located at least one -hundred fifty (150) feet from any property zoned for residential use, not including property in Planned Community zones or in Commercial zones within the Downtown boundaries where mixed use projects are permitted or (ii) separated from residentially zoned property by a city street with a width of at least fifty (50) feet, and separated from residentially zoned property by an intervening property zoned CD -C, CD -S, or CD -N, which intervening property has a width of not less than fifty (50) feet. 18.87.050 Limitations on Usage of Transferable Development Rights. No otherwise eligible receiver site shall be allowed to utilize Transferable Development Rights under this Chapter to the extent such transfer would: (a) Outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of .5 to 1 above 7 961218 lac 0080309 • what exists or would otherwise be permitted for that site under Section 18.49.060, which ever is greater, or result in total additional floor area of more than 10,000 square feet; (b) Within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.49.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet; (c) Cause any of the development limitations set forth in Sections 18.49.030 and 18.49.040(a) of this Title to be exceeded; or (d) Cause the site to exceed 3.0 to 1 FAR in the CD -C subdistrict or 2.0 to 1 FAR in the CD -S or CD -N subdistricts. 18.87.055 Parkxag Requirements The first 5,000 square feet of floor area transferred to a receiver site, whether located i.-. the CD District or in the PC District, shall be exempt from the otherwise -applicable on -site parking requirements. Any additional square footage allowed to be transferred to a receiver site pursuant to this Chapter shall be subject to the parking regulations applicable to the zoning district in which the receiver site is located. 18.87.060 Transfer Procedure. Transferable Development Rights may be transferred from a sender site (or sites) to a receiver site only in accordance with all of the following requirements: (a) An application pursuant to Chapter 16.48 of this Code for major ARB review of the project proposed for the receiver site must be filed. The application shall include: (1) A statement that the applicant intends to use transferable developments rights for the project; (2) Identification of the sender site(s) and the amount of TDRs proposed to be transferred; and (3) Evidence that the applicant owns the Transferable Development Rights or a signed statement from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use. (b) The application shall not be deemed complete unless and until the City determines that the TDRs proposed to be used for the project are available for that purpose. (c) In reviewing a project' proposed for a receiver site pursuant to this Section, the Architectural Review Board shall review the project in accordance with Section 16.48.120 of this Code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in 8 %1211 he OOEmO9 1 order to satisfy the criteria for approval under Chapter 16.48 or any specific requirement of the Municipal Code. (d) Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the Director of Planning and Community Environment or the Director's designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the Office of the County Recorder prior to issuance of building permits and shall include the written consent 'r assignment by the owner(s) of the TDRs where such owner(s) are other than the applicant. Section 18.87.070 Purchase or Conveyance of TDRs-- Documentation. (a) Transferable Development Rights may be sold or otherwise conveyed by their owner(s) to another party. However, no such sale or conveyance shall be effective unless evidenced by a recorded document, signed by the transferor and transferee and in a form designed to run with the land and satisfactory to the City Attorney. The docui:,.er_t shall clearly identify the sender site and the amount of floor area transferred and shall also be filed with the Department of Planning and Community Environment. (b) Where transfer of TDRs is made directly to a receiver site, the recorded confirmation of transfer described in Section 18.87.060(d) shall satisfy the requirements of this Section. Section 18.87.080 Transfers to Sites Within Planned Comity (PC) Zones. Property located in a Planned Community (PC) zoning district is eligible to be a receiver site if the property was formerly located in the CD Commercial Downtown zoning district, and the ordinance rezoning to property to Planned Community (PC) approves use of Transferable Development Rights on the site. The provisions of Sections 18.87.020, 18.87.030, 18.87.040, 18.87.050 and 18.87.070 of this Chapter shall apply to transfers to such properties. The procedures set forth in Section 18.87.060 (a), (b), and (d) shall be followed with respect to the Planned Community (PC) application. SECTION 3. The Council finds that this project will not have a significant effect on the environment. SECTION 4. The provisions of Chapter 18.87 allowing the transfer of deve'.opment rights from sender sites upon which qualifying historic and/or seismic rehabilitation work has been performed shall not be retroactive in application, but shall be applicable only to sender sites upon which the qualifying work was performed pursuant to building permit (s) issued on or after the effective date of this ordinance. !/ 9 9612111 lac 0080309 SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: November 18, 1996 PASSED: December 16, 1996 AYES : ANDERSEN, PAZZINO, HUBER. KGNISS, M CCOWN. ROSENBAUM, SIMITIAN NOES: WHEELER ABSENT: ABSTENTIONS: NOT PAR'ICIPATIN ER ATTEST] APPROVED. Di st. City Attorney rector o P n and y Environment 10 961218 Lc 04780349