HomeMy WebLinkAbout2019-04-02 Ordinance 54601
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Ordinance No. 5460
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of
the Palo Alto Municipal Code, Including Chapters 18.04 (Definitions), 18.13
(Multiple Family Residential RM15, RM30 and RM40) Districts), 18.16
(Neighborhood, Community, and Service Commercial (CN, CC, and CS) Districts),
18.18 (Downtown Commercial (CD) District), 18.40 (General Standards and
Exceptions), and 18.52 (Parking and Loading Requirements), to Establish or
Modify Development Standards for Residential and MixedUse Projects
Including, But Not Limited to, Minimum and Maximum Unit Density, Unit Size,
Floor Area Ratio, Height, and Open Space Including Rooftop Gardens, to Modify
Parking Requirements and Adjustments, to Temporarily Limit InLieu Parking for
Downtown Commercial Office Uses Above the Ground Floor, to Allow Exclusively
Residential Projects in Certain Commercial Zoning Districts, to Exempt Certain
Affordable Housing Projects from Retail Preservation, to Simplify the Entitlement
Process Removing Site and Design Review for Residential and MixedUse
Projects, and to Make Other Technical Corrections and Clarifications, All to
Promote Housing Development Opportunities in the MultiFamily Residential
Zoning Districts and Commercial Zoning Districts in Furtherance of
Implementation of the Comprehensive Plan
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1.Findings and Declarations. The City Council finds and declares as follows:
A. California is in the midst of a housing crisis due to a severe shortage of housing
that is affordable to large segments of the population, including abovemoderate and moderate
income households and, most acutely, lowerincome households. According to the California
Department of Housing and Community Development (HCD), throughout the State, housing
production averaged less than 80,000 new homes over the last 10 years, and ongoing
production continues to fall far below the projected need of 180,000 additional homes
annually. The lack of supply, with a deficit that deepens each year, has been a key driver of the
lack of affordability for millions of households throughout the State. The majority of Californian
renters pay more than 30 percent of their income toward rent, and nearly onethird pay more
than 50 percent of their income toward rent.
B. In the ninecounty Bay Area, which contains job centers that have produced a
substantial number of new jobs, the lack of housing affordability is even more severe. The Bay
Area continues to produce housing units in insufficient numbers to adequately house both
existing and projected populations. Between 2011 and 2015, the Bay Area added 500,000 jobs
but built only 65,000 new homes. Limited housing, with increasing demand and constraints on
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production, have resulted in high housing cost burdens that fall most heavily on lower income
households who are more likely to be renters.Between 2000 and 2016, rents increased 24
percent while renter incomes rose just 9 percent. Six of every 10 economically insecure
residents are renters and 75 percent of them pay more than 30 percent of their income for
housing.
C. For Palo Alto, as a job center with among the highest housing prices and greatest
jobs to housing imbalances in the Bay Area, the housing shortage threatens the city’s
prosperity, diversity, stability, environment, quality of life, and community character.
D. The cost pressures associated with substantially increased housing prices and
rents have resulted in displacement and contributed to homelessness, separated families, and
loss of diversity. Residents in search of affordability are driven to move to far outlying areas,
requiring longer commutes to job centers in the Bay Area, including Palo Alto. According to a
recent report by the Bay Area Economic Council, more than 100,000 Bay Area megacommuters
travel 90 minutes or more to reach their jobs, contributing to a 78 percent increase since 1990
in the number of megacommuters crossing county and regional boundaries to get to work. Of
the nearly 200,000 commuters crossing regional boundaries in 2013, 69 percent were
commuting into the Bay Area for work. This results in health and quality of life impacts to
individuals, as well as communitywide and regionwide impacts in terms of increased traffic
congestion, air pollution and greenhouse gas emissions. Without the construction of more
housing near urban centers and jobs, the State’s ability to achieve its climate change goals is in
jeopardy.
E.In November 2017, the City adopted an updated Comprehensive Plan that
projected 3,545 to 4,420 new housing units between 2015 and 2030, and included policies to
encourage housing production. The Council subsequently approved a Housing Work Plan with
a recognition that if Palo Alto remains on its current course, the City will fall short of meeting its
Regional Housing Needs Assessment (RHNA) allocation of 1,988 units at varying levels of
affordability and the goals inherent in the Comprehensive Plan policies. The Housing Work Plan
detailed the actions needed to spur the production of housing, and included the proposed
zoning changes reflected in this Ordinance to remove barriers and disincentives to housing
development at higher densities where appropriate near transit, jobs and services, and that is
affordable for a range of income levels.
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SECTION 2.Subsection (a)(142) of Section 18.04.030 of Chapter 18.04 (Definitions) of Title 18
(Zoning) of the Palo Alto Municipal Code (PAMC) is amended to read as follows:
18.04.030 Definitions
. . .
(142) “Usable open space” means outdoor or unenclosed area on the ground, or on a roof,
balcony, deck, porch, patio or terrace, designed and accessible for outdoor living, recreation,
pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service
areas, or areas with mechanical equipment. Usable open space may be covered if at least 50%
open on the sides. Usable open space shall be sited and designed to accommodate all groups
including children, seniors, and other adults, different activities, groups, including active and
passive recreation and uses, and should be located convenient to the intended users (e.g.,
residents, employees, or public). Any usable open space that is not landscaped shall be
developed to encourage outdoor recreational use and shall include elements such as decks,
seating, decorative paved areas and walkways which do not serve as an entrance walkway.
Usable open space shall be screened from utility or service areas, and areas with mechanical
equipment. Parking, driveways and required parking lot landscaping shall not be counted as
usable open space.
SECTION 3.The title of Chapter 18.13 of Title 18 (Zoning) of the PAMC is amended to read as
follows:
Chapter 18.13
MULTIPLEFAMILY RESIDENTIAL (RM2015, RM30 AND RM40) DISTRICTS
SECTION 4.Section 18.13.010 (Purposes) and Section 18.13.040 (Development Standards) of
Chapter 18.13 (Multiple Family Residential RM15, RM30 and RM40) Districts) of Title 18
(Zoning) of the PAMC are amended as follows:
18.13.010 Purposes
This section specifies regulations for three multiple family residential districts.
(a) RM2015 Low Density MultipleFamily Residence District [RM2015]
The RM2015 lowdensity multiplefamily residence district is intended to create,
preserve and enhance areas for a mixture of singlefamily and multiplefamily housing
which is compatible with lower density and residential districts nearby, including single
family residence districts. The RM2015 residence district also serves as a transition to
moderate density multiplefamily districts or districts with nonresidential uses.
Permitted densities in the RM2015 residence district range from eight to fifteen twenty
dwelling units per acre, with no required minimum density.
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RM20 RM30 RM40
Subject to
regulations
in:
Minimum Site Specifications
Site Area (ft2) 8,500
Site Width (ft) 70
Site Depth (ft) 100
Substandard Lot Specifications
Site Area (ft2) Less than 8,500 square feet and/or
less than 70 feet in width Site Width (ft)
Minimum Setbacks
Setback lines imposed by a special
setback map pursuant to Chapter
20.08 of this code may apply
Front Yard (ft)20 20 025 (1)
18.13.040(b)
On arterial roadways(1)020 (1)020 (1)025 (1)
Interior Side Yards (ft)
For lots with width of 70 feet or greater 10 10 10
For lots with width of less than 70 feet 6 feet
Interior Rear Yards (ft)3 10 10 10
Street Side and Street Rear Yards (ft)16 16 016(2)
Maximum Height (ft)30 35 40
Maximum height for those portions of a site within
50 feet of a more restrictive residential district or a
site containing a residential use in a nonresidential
district
35
Daylight Planes(7)
Plane for side and rear lot lines for sites
abutting any R1, R2, RMD, or RM20 district or
abutting a site containing a singlefamily or two
family residential use in a nonresidential district:
Initial Height (ft) 10
Angle (degrees)45
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(b) RM30 Medium Density MultipleFamily Residence District [RM30]
The RM30 medium density multiplefamily residence district is intended to create,
preserve and enhance neighborhoods for multiplefamily housing with site development
standards and visual characteristics intended to mitigate impacts on nearby lower
density residential districts. Projects at this density are intended for larger parcels that
will enable developments to provide their own parking spaces and to meet their open
space needs in the form of garden apartments or cluster developments. Permitted
Plane for side and rear lot lines for sites
abutting a RM30, RM40, Planned Community, or
nonresidential district that does not contain a
singlefamily or twofamily residential use:
For lots with width of 70 feet or greater None
For lots with width of less than 70 feet, limited to
the first 10 feet from the property line (no daylight
plane beyond 10 feet):
Initial Height (ft) 10
Angle (degrees)45
Maximum Site Coverage:
Base 35% 40%45%
Additional area permitted to be covered by covered
patios or overhangs otherwise in compliance with
all applicable laws
5%5%5%
Maximum Floor Area Ratio (FAR)(4)0.5:1 0.6:1 1.0:1
Residential Density (units)
Maximum number of units per acre(3)20 30 40 18.13.040(g)
Minimum number of units per acre(8)11 16 21
Minimum Site Open Space(5) (percent)35 30 20 18.13.040(e)
Minimum Usable Open Space (sf per unit)(5)150 150 150
Minimum common open space (sf per unit)75 75 75 18.13.040(e)
Minimum private open space (sf per unit)50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23
Landscape Requirements 18.40.130
Parking(6)See provisions of Chapter 18.52 Ch. 18.52
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densities in the RM30 residence district range from sixteen to thirty dwelling units per
acre, with no required minimum density.
(c) RM40 High Density MultipleFamily Residence District [RM40]
The RM40 high density multiplefamily residence district is intended to create, preserve
and enhance locations for apartment living at the highest density deemed appropriate
for Palo Alto. The most suitable locations for this district are in the downtown area, in
select sites in the California Avenue area and along major transportation corridors which
are close to mass transportation facilities and major employment and service centers.
Permitted densities in the RM40 residence district range from thirtyone to forty
dwelling units per acre, with no required minimum density.
Section 18.13.040 Development Standards
(a) Site Specifications, Building Size and Bulk, and Residential Density
The site development regulations in Table 2 shall apply in the multiplefamily residence
districts, 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 the regulations set forth in Chapter 18.76, performance
criteria set forth in Chapter 18.23, and the contextbased design criteria set forth in
Section 18.13.060.
Table 2
Multiple Family Residential Development Table
RM2015 RM30 RM40
Subject to
regulations
in:
Minimum Site Specifications
Site Area (ft2) 8,500
Site Width (ft) 70
Site Depth (ft) 100
Substandard Lot Specifications
Site Area (ft2) Less than 8,500 square feet and/or
less than 70 feet in width Site Width (ft)
Minimum Setbacks
Setback lines imposed by a special
setback map pursuant to Chapter
20.08 of this code may apply
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RM2015 RM30 RM40
Subject to
regulations
in:
Front Yard (ft) 20 20 025 (1)
18.13.040(b)
On arterial roadways(1)020 (1)020 (1)025 (1)
Interior Side Yards (ft)
For lots with width of 70 feet or greater 10 10 10
For lots with width of less than 70 feet 6 feet
Interior Rear Yards (ft)3 10 10 10
Street Side and Street Rear Yards (ft)16 16 016(2)
Maximum Height (ft)30 35 40
Maximum height for those portions of a site
within 50 feet of a more restrictive residential
district or a site containing a residential use in a
nonresidential district
35
Daylight Planes(7)
sites abutting any R1, R2, RMD, or RM2015
district or abutting a site containing a single
family or twofamily residential use in a
nonresidential district:
Initial Height (ft) 10
Angle (degrees) 45
sites abutting a RM30, RM40, Planned
Community, or nonresidential district that does
not contain a singlefamily or twofamily
residential use:
For lots with width of 70 feet or greater None
For lots with width of less than 70 feet, limited to
the first 10 feet from the property line (no
daylight plane beyond 10 feet):
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RM2015 RM30 RM40
Subject to
regulations
in:
Initial Height (ft) 10
Angle (degrees) 45
Maximum Site Coverage:
Base 35%40% 45%
Additional area permitted to be covered by
covered patios or overhangs otherwise in
compliance with all applicable laws
5%5%5%
Maximum Floor Area Ratio (FAR)(4)0.5:1 0.6:1 1.0:1
Maximum Residential Density (units)
Maximum number of units per acre(3)2015 30 40 18.13.040(g)
Minimum Residential Density (units)
Minimum number of units per acre(8)11 16 21
Minimum Site Open Space(5)(percent)35 30 20 18.13.040(e)
Minimum Usable Open Space (sf per unit)(5)150200 150 150100
Minimum common open space (sf per unit)75100 75 7550 18.13.040(e)
Minimum private open space (sf per unit)50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23
Landscape Requirements 18.40.130
Parking(6)See provisions of Chapter 18.52 Ch. 18.52
(1) Minimum front setbacks shall be determined by the Architectural Review Board upon
review pursuant to criteria set forth in Chapter 18.76 and the contextbased criteria
outlined in Section 18.13.060. Arterial roadways do not include residential arterials.
(2) Minimum street side setbacks in the RM40 zone may be from 0 to 16 feet and shall be
determined by the Architectural Review Board upon review pursuant to criteria set forth
in Chapter 18.76 and the contextbased criteria outlined in Section 18.13.060.
(3) Provided that, for any lot of 5,000 square feet or greater, two units are allowed, subject
to compliance with all other development regulations.
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(4) Covered parking is not included as floor area in multifamily development, up to a
maximum of 230 square feet per required parking space that is covered. Covered
parking spaces in excess of required parking spaces count as floor area.
(5) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part
of the minimum site open space; required usable open space in excess of the minimum
required for common and private open space may be used as either common or private
usable open space; landscaping may count towards total site open space after usable
open space requirements are met.
(6) Tandem parking is allowed for any unit requiring two parking spaces, provided that both
spaces in tandem are intended for use by the same residential unit. For projects with
more than four (4) units, not more than 25% of the required parking spaces shall be in a
tandem configuration.
(7) Each daylight plane applies specifically and separately to each property line according to
the adjacent use.
(8) The minimum density for a site may be reduced by the Director if, after the proposal is
reviewed by the Architectural Review Board, the Director finds that existing site
improvements or other parcel constraints, preclude the development from meeting the
minimum density. A site with an existing singlefamily use or twofamily use may be
redeveloped at the existing density, either singlefamily or twofamily as applicable. An
existing or replaced singlefamily or twofamily residence shall not be considered a
nonconforming use, and the provisions of Chapter 18.70 shall not apply, solely based on
the minimum density requirement.
(b) Setbacks, Daylight Planes and Height Additional Requirements and Exceptions
(1) Setbacks
(A) Setbacks for lot lines adjacent to an arterial street, expressway or freeway, as
designated in the Palo Alto Comprehensive Plan, shall be a minimum of
twentyfive feet (25'), except that lesser setbacks may be allowed or required
by the Planning Director, upon recommendation by the Architectural Review
Board, where prescribed by the contextbased criteria outlined in Section
18.13.060. Special setbacks of greater than 25 feet may not be reduced
except upon approval of a design enhancement exception or variance.
(B) Required parking spaces shall not be located in a required front yard, nor in
the first ten feet (10') adjoining the street property line of a required street
side yard.
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(C) Projections into yards are permitted only to the extent allowed by Section
18.40.070 of this code.
(2) Height and Daylight Planes
(A) Exceptions to maximum height limitations are permitted only to the extent
allowed by Section 18.40.090 of this code.
(B) The following features may extend beyond the daylight plane established by
the applicable district, provided that such features do not exceed the height
limit for the district unless permitted to by Section 18.40.090 of this code:
i. Television and radio antennas;
ii. Chimneys and flues that do not exceed 5 feet in width, provided that
chimneys do not extend past the required daylight plane a distance
exceeding the minimum allowed pursuant to Chapter 16.04 of this
code.
iii. Cornices and eaves, excluding flat or continuous walls or enclosures of
usable interior space, provided such features do not extend past the
daylight plane more than 4 feet, and so long as they do not encroach
into the side setback greater than 2 feet.
. . .
(e) Usable Open Space
The following usable open space regulations shall apply:
(1) Required Minimum Site Open Space. Each site shall, at a minimum, have a portion of
the site, as prescribed in Table 2, developed into permanently maintained open
space. Site open space includes all usable open space plus landscape or other
uncovered areas not used for driveways, parking, or walkways.
(2) Usable Open Space (Private and Common). Each project shall, at a minimum, have a
portion of the site, as prescribed in Table 2, developed into permanently maintained
usable open space, including private and common usable open space areas. Usable
open space shall be located protected from the activities of commercial areas and
adjacent public streets and shall provide noise buffering from surrounding uses
where feasible. Parking, driveways and required parking lot landscaping shall not be
counted as usable open space.
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(A) Private Usable Open Space. Each dwelling unit shall have at least one private
usable open space area contiguous to the unit that allows the occupants of the
unit the personal use of the outdoor space. The minimum size of such areas shall
be as follows:
(i) Balconies (above ground level): 50 square feet, the least dimension of
which shall is 6 feet.
(ii) Patios or yards in the RM2015 and RM30 districts: 100 square feet,
the least dimension of which is 8 feet for at least 75% of the area.
(iii) Patios or yards in the RM40 district: 80 square feet, the least
dimension of which is 6 feet for at least 75% of the area.
(B) Common Usable Open Space. The minimum designated common open
space area on the site shall be 10 feet wide and each such designated area shall
comprise a minimum of 200 square feet. In the RM30 and RM40 districts, part
or all of the required private usable open space areas may be added to the
required common usable open space in a development, for purposes of
improved design, privacy, protection and increased play area for children, upon a
recommendation of the Architectural Review Board and approval of the Director.
(f) Personal Services, Retail Services, and Eating and Drinking Services in the RM30 and
RM40 Districts
Within a single residential development containing not less than 40 dwelling units,
personal services, retail services, and eating and drinking services solely of a
neighborhoodserving nature to residents in the development or in the general vicinity
of the project may be allowed upon approval of a conditional use permit, subject to the
following limitations and to such additional conditions as may be established by the
conditional use permit:
(1) Total gross floor area of all such uses shall not exceed 5,000 square feet or three
percent of the gross residential floor area within the development, whichever is
smaller, and may not occupy any level other than the ground level or below grade
levels.
(2) A maximum of 2,500 square feet of retail and/or service and/or eating and drinking
uses shall be allowed per establishment.
(3) Personal services, retail services, and eating and drinking services provided in
accordance with this section shall not be included in the gross floor area for the
site.
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(4) The conditional use permit for the project may preclude certain uses and shall
include conditions that are appropriate to limit impacts of noise, lighting, odors,
parking and trash disposal from the operation of the commercial establishment.
The hours of operation shall be limited to assure compatibility with the residential
use and surrounding residential uses.
(5) Allowable NeighborhoodServing Uses. A neighborhoodserving use primarily serves
individual consumers and households, not businesses, is generally pedestrian
oriented in design, and does not generate noise, fumes or truck traffic greater than
that typically expected for uses with a local customer base. A neighborhoodserving
use is also one to which a significant number of local customers and clients can
walk, bicycle or travel short distances, rather than relying primarily on automobile
access or the provider of the goods or services traveling offsite. Allowable
neighborhoodserving personal services, retail services and eating and drinking
services may include, but are not limited to, "agent" dry cleaners, flower shops,
convenience grocery stores (excluding liquor stores), delicatessens, cafes, fitness
facilities, day care facilities, and similar uses found by the Planning Director to be
compatible with the intent of this provision.
(6) Sign programs, including size, number, color, placement, etc. shall be permitted
only as specified in the conditional use permit and by the Planning Director upon
recommendation of the Architectural Review Board.
(7) Offstreet parking and bicycle facilities, in addition to facilities required for
residential uses, shall be provided as may be specified by the conditional use
permit. However, there shall not be less than one parking space for each employee
working or expected to be working at the same time.
(8) For any project, other than a 100% affordable housing project, containing forty (40)
or greater units and located more than 500 feet from neighborhood commercial
services, as determined by the Director, a minimum of 1,500 square feet of
neighborhood serving retail, personal service, and/or eating or drinking uses shall
be provided, subject to the above limitations. No conditional use permit is required,
but the commercial use shall be reviewed by the Architectural Review Board as part
of the architectural review approval. A minimum of one parking space for each
employee working or expected to be working at the same time shall be provided. A
“100% affordable housing project” as used herein means a multiplefamily housing
project consisting entirely of affordable units, as defined in Section 16.65.020 of
this code, available only to households with income levels at or below 120% of the
area median income for Santa Clara County, as defined in Chapter 16.65, and where
the average household income does not exceed 80% of the area median income
level, except for a building manager’s unit.
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(g) Below Market Rate Units and Rental Housing Protection
(1) In developments of five or more units on sites of less than five acres, not less than
fifteen percent (15%) of the units shall be provided at belowmarket rates (BMR) to
verylow, low and moderate income households in accordance with Program H36 of
the Palo Alto Comprehensive Plan Housing Element. In developments of five or more
units on sites of five acres or more, not less than twenty percent (20%) of the units
shall be provided at belowmarket rates (BMR). Specified percentages are applied to
all proposed units in a project, including those designated as BMR units.
(2) Further details of the BMR program requirements, including their applicability to
subdivisions and for density bonus purposes, are found in the discussion of
Programs H36 and H38 of the Palo Alto Comprehensive Plan Housing Element.
(3) Below market rate units shall be fully integrated into the development unless good
cause is shown for an exception.
(g) Redevelopment of Sites with Noncomplying Density
For a parcel with a residential use that exceeds the maximum unit density of the
applicable zoning district, the Director may grant an exception to the maximum unit
density standard and allow the parcel to be redeveloped to replace the legally
established residential units at the existing density, subject to all of the following:
(1) The applicant must make the request for exception under this provision at the time
of project application;
(2) The project is a residential rental project;
(3) The project complies with all other applicable development standards; and
(4) The project shall not be eligible for a density bonus under Chapter 18.15 (Density
Bonus). The applicant must elect whether to utilize state density bonus law or the
exception described herein as an alternative to state density bonus law.
(h) Performance Criteria
In addition to all other provisions of this chapter, all multifamily development shall
comply with applicable provisions of Chapter 18.23 (Performance Criteria for Multiple
Family, Commercial, Industrial Manufacturing and Planned Community Districts).
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SECTION 5.The Residential Uses portion of Table 1 of subsection (a) of Section 18.16.040 (Land
Uses) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, and CS)
Districts) of Title 18 (Zoning) of the PAMC is amended as follows:
Section 18.16.040 Land Uses
The uses of land allowed by this Chapter in each commercial zoning district are identified in the
following tables. Land uses that are not listed on the tables are not allowed, except where
otherwise noted. Where the last column on the following tables (“Subject to Regulations in”)
includes a section number, specific regulations in the referenced section also apply to the use;
however, provisions in other sections may apply as well.
(a) Commercial Zones and Land Uses
Permitted and conditionally permitted land uses for each commercial zone are shown in
Table 1:
TABLE 1
CD PERMITTED AND CONDITIONALLY PERMITTED USES
P = Permitted Use CUP = Conditional Use Permit Required
LAND USE CN(4)CC, CC(2) CS
(4)Subject to Regulations In:
. . .
RESIDENTIAL USES
MultipleFamily P
(1)P(1)P(1)18.16.060(b) and (c)
Home Occupations P P P
Residential Care Homes P P P
. . .
(1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions
of Section 18.16.060(b), or (ii) on sites designated as Housing Opportunity Siteshousing
inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El
Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c).
. . .
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SECTION 6.Subsections (b) and (c) of Section 18.16.060 (Development Standards) of Chapter
18.16 (Neighborhood, Community, and Service Commercial (CN, CC, and CS) Districts)of Title
18 (Zoning) of the PAMC are amended as follows:
Section 18.16.060 Development Standards
. . .
(b) Mixed Uses and Residential
Table 4 specifies the development standards for new residential mixed use
developments and residential developments. These developments shall be designed and
constructed in compliance with the following requirements and the contextbased
design criteria outlined in Section 18.16.090, 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 Section 18.76.020.
Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS
Subject to regulations
in:
Minimum Site Specifications
Site Area (ft2)
None required Site Width (ft)
Site Depth (ft)
Minimum Setbacks
Setback lines imposed
by a special setback map
pursuant to Chapter
20.08 of this code may
apply
Front Yard (ft)
0' 10' to
create an
8' 12'
effective
sidewalk
width (8)
None
Required
(8)
0' 10' to
create an 8'
12'
effective
sidewalk
width (8)
0' 10' to
create an 8'
12' effective
sidewalk
width (8)
Rear Yard (ft) 10' for residential portion; no requirement for
commercial portion
Rear Yard abutting
residential zone district (ft)
10'
Interior Side Yard if 10'
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CN CC CC(2) CS
Subject to regulations
in:
abutting residential zone
district (ft)
Street Side Yard (ft) 5'
BuildtoLines 50% of frontage built to setback (1)
33% of side street built to setback (1)
Permitted Setback
Encroachments
Balconies, awnings, porches, stairways, and
similar elements may extend up to 6' into the
setback. Cornices, eaves, fireplaces, and similar
architectural features (excluding flat or
continuous walls or enclosures of interior space)
may extend up to 4' into the front and rear
setbacks and up to 3' into interior side setbacks
Maximum Site Coverage 50% 50% 100% 50%
Landscape/Open Space
Coverage 35% 30% 20% 30%
Usable Open Space
20 sq ft per unit for 5 or fewer units
(2), 150 sq ft per unit for 6 units or
more (2)
Maximum Height (ft)
Standard 35' (4)50' 37' 50'
Within 150 ft. of a
residential zone district
(other than an RM40 or PC
zone) abutting or located
within 50 feet of the side
35' 35' (5) 35' (5) 35' (5)
Daylight Plane for lot lines
abutting one or more
residential zoning districts
Daylight plane height and slope shall be identical
to those of the most restrictive residential zoning
district abutting the lot line
Residential Density (net) (3) 15 or 20 (9)
See sub
section
(e) below
No
maximum
30
30 18.16.060(i)
Sites on El Camino Real No
maximum
No
maximum
Maximum Residential Floor
Area Ratio (FAR) 0.5:1 (4) 0.6:1 0.6:1
Maximum Nonresidential
Floor Area Ratio (FAR)0.4:1 2.0:1 0.4:1
Total Mixed Use Floor Area
Ratio (FAR) 0.9:1 (4) 2.0:1 1.0:1
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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CN CC CC(2) CS
Subject to regulations
in:
Minimum Mixed Use Ground
Floor Commercial FAR (6)0.15:1(10)
0.15:1(10)
0.25:1 (7)
(10)
0.15:1 (10)
Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54
(1) Twentyfivefoot driveway access permitted regardless of frontage; buildto
requirement does not apply to CC district.
(2) Required usable open space: (1) may be any combination of private and common open
spaces; (2) does not need to be located on the ground (but rooftop gardens are not
included as open space except as provided below); (3) minimum private open space
dimension six feet; and (4) minimum common open space dimension twelve feet.
For CN and CS sites on El Camino Real and CC(2) sites that do not abut a single or two
family residential use or zoning district, rooftop gardens may qualify as usable open
space and may count as up to 60% of the required usable open space for the residential
component of a project. In order to qualify as usable open space, the rooftop garden
shall meet the requirements set forth in Section 18.40.230.
(3) Residential density shall be computed based upon the total site area, irrespective of the
percent of the site devoted to commercial use.
(4) For CN sites on El Camino Real, height may increase to a maximum of 40 feet and the
FAR may increase to a maximum of 1.0:1 (0.5:1 for nonresidential, 0.5:1 for residential).
(5) For sites abutting an RM40 zoned residential district or a residential Planned
Community (PC) district, maximum height may be increased to 50 feet.
(6) Ground floor commercial uses generally include retail, personal services, hotels and
eating and drinking establishments. Office uses may be included only to the extent they
are permitted in ground floor regulations.
(7) If located in the California Avenue Parking Assessment District.
(8) A 12foot sidewalk width is required along El Camino Real frontage.
(9) Residential densities up to 20 units/acre only are allowed on CN zoned housing
inventory sites identified in the Housing Element. Other CN zoned sites not located on
El Camino Real are subject to a maximum residential density of up to 15 units/acre.
(10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no
minimum mixed use ground floor commercial FAR for a residential project, except to the
extent that the retail preservation requirements of Section 18.40.180 or the retail
shopping (R) combining district (Chapter 18.30(A)) applies.
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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(1) Residential and nonresidential mixed use projects shall be subject to site and
design review in accord with Chapter 18.30(G), except that mixed use projects with nine
or fewer residential units shall only require review by the architectural review board.
(12) Nonresidential uses that involve the use or storage of hazardous materials in
excess of the exempt quantities prescribed in Title 15 of the Municipal Code,
including but not limited to dry cleaning plants and auto repair, are prohibited in
a mixed use development with residential uses.
(23) Residential mixed use development is prohibited on any site designated with an
Automobile Dealership (AD) Combining District overlay.
(c) Exclusively Residential Uses
Exclusively residential uses are generally prohibited in the CN, CS, and CC, and CC(2)
zone districts, except on housing inventory sites identified in the Housing Element,
subject to the standards in Section 18.16.060(b), and on CS and CN sites on El Camino
Real and CC(2) sites, subject to the following.
(1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail
shopping (R) combining district or the retail preservation provisions of Section
18.40.180 do not apply, exclusively residential uses are allowed subject to the
standards in Section 18.16.060(b) and the following additional requirements:
(A) Residential units shall not be permitted on the groundfloor of
development fronting on El Camino Real unless set back a minimum of 15
feet from the property line or the 12foot effective sidewalk setback
along the El Camino Real frontage, whichever is greater. Common areas,
such as lobbies, stoops, community rooms, and workout spaces with
windows and architectural detail are permitted on the groundfloor El
Camino Real frontage.
(B) Parking shall be located behind buildings or below grade, or, if infeasible,
screened by landscaping, low walls, or garage structures with
architectural detail.
. . .
(k) Housing Incentive Program
(1) For an exclusively residential or residential mixeduse project in the CC(2) zone
or on CN or CS zoned sites on El Camino Real, the Director may waive the
residential floor area ratio (FAR) limit and the maximum site coverage
requirement after the project with the proposed waiver or waivers is reviewed
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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by the Architectural Review Board, if the Director finds that a project exceeding
these standards is consistent with the required architectural review findings. In
no event shall the Director approve a commercial FAR that exceeds the standard
in Table 4 of Section 18.16.060(b) or a total FAR (including both residential and
commercial FAR) in excess of 2.0 in the CC(2) zone or 1.5 in the CN or CS zone.
(2) For a 100% affordable housing project in the CC(2) zone or on CN or CS zoned
sites on El Camino Real, the Director may waive any development standard
including parking after the project with the proposed waiver or waivers is
reviewed by the Architectural Review Board, if the Director finds that a project
with such waiver or waivers is consistent with the required architectural review
findings. In no event shall the Director approve development standards more
permissive than the standards applicable to the Affordable Housing (AH)
Combining District in Chapter 18.30(J). A “100% affordable housing project” as
used herein means a multiplefamily housing or mixeduse project in which the
residential component consists entirely of affordable units, as defined in Section
16.65.020 of this code, available only to households with income levels at or
below 120% of the area median income, as defined in Section 16.65.020, and
where the average household income does not exceed 60% of the area median
income level, except for a building manager’s unit.
(3) This program is a local alternative to the state density bonus law, and therefore,
a project utilizing this program shall not be eligible for a density bonus under
Chapter 18.15 (Residential Density Bonus).
(l) Parking and Vehicular Access on California Avenue Restricted
Vehicular access to CC(2) zoned sites on California Avenue which requires vehicular
movement across the sidewalk on California Avenue shall be prohibited, except where
required by law and as applied to parcels owned, leased or controlled by the City.
SECTION 7.Subsections (b) and (c) of Section 18.18.060 (Development Standards) of Chapter
18.18 (Downtown Commercial (CD) District)of Title 18 (Zoning) of the PAMC are amended as
follows:
Section 18.18.060 Development Standards
. . .
(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments and
residential developments. These developments shall be designed and constructed in
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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compliance with the following requirements and the contextbased design criteria outlines in
Section 18.18.110, 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 Section 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CDC CDS CDN Subject to regulations in
Section:
Minimum Setbacks
Setback lines imposed by
a special setback map
pursuant to Chapter
20.08 of this code may
apply
Front Yard (ft) None required 10'
Rear Yard (ft) 10' for residential portion; no requirement
for commercial portion
Interior Side Yard (ft)No
requirement
10' if
abutting
residential
zone
10' if
abutting
residential
zone
Street Side Yard (ft)No
requirement 5' 5'
Permitted Setback
Encroachments
Balconies, awnings, porches, stairways, and
similar elements may extend up to 6' into
the setback. Cornices, eaves, fireplaces,
and similar architectural features
(excluding flat or continuous walls or
enclosures of interior space) may extend
up to 4' into the front and rear setbacks
and up to 3' into interior side setbacks
Maximum Site Coverage No
requirement 50% 50%
Landscape Open Space
Coverage 20% 30% 35%
Usable Open Space 200 sq ft per unit for 5 or fewer units(1);
150 sq ft per unit for 6 units or more(1)
Maximum Height (ft)
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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CDC CDS CDN Subject to regulations in
Section:
Standard 50' 50' 35'
Within 150 ft. of an abutting
residential zone 40'(4) 40'(4) 35'(4)
Daylight Plane for lot lines
abutting one or more
residential zoning districts or
a residential PC district
Daylight plane height and slope identical to
those of the most restrictive residential
zone abutting the lot line
Residential Density (net)(2) 40 No
maximum 30 30
Maximum Weighted Average
Residential Unit Size(5)
1,500 sq ft
per unit
No
maximum
No
maximum
Maximum Residential Floor
Area Ratio (FAR)1.0:1(3) 0.6:1(3) 0.5:1(3)
Maximum Nonresidential
Floor Area Ratio (FAR) 1.0:1(3) 0.4:1 0.4:1
Total Floor Area Ratio
(FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.18.070
Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54
(1) Required usable open space: (1) may be any combination of private and common open
spaces; (2) does not need to be located on the ground (but rooftop gardens are not
included as open space except as provided below); (3) minimum private open space
dimension 6'; and (4) minimum common open space dimension 12'.
For CDC sites that do not abut a single or twofamily residential use or zoning district,
rooftop gardens may qualify as usable open space and may count as up to 75% of the
required usable open space for the residential component of a project. In order to
qualify as usable open space, the rooftop garden shall meet the requirements set forth
in Section 18.40.230.
(2) Residential density shall be computed based upon the total site area, irrespective of the
percent of the site devoted to commercial use. There shall be no deduction for that
portion of the site area in nonresidential use.
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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2019031501
(3) FAR may be increased with transfers of development and/or bonuses for seismic and
historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CDC
subdistrict or 2.0:1 in the CDS or CDN subdistrict.
(4) For sites abutting an RM40 zoned residential district or a residential Planned
Community (PC) district, maximum height may be increased to 50 feet.
(5) The weighted average residential unit size shall be calculated by dividing the sum of the
square footage of all units by the number of units. For example, a project with ten 800
square foot 1bedroom units, eight 1,200square foot 2bedroom units, and two 1,800
square foot 3bedroom units would have a weighted average residential unit size of
((10x800)+(8x1200)+(2x1800)) ÷ (10+8+2) = 1,060 square feet.
(1) Residential and nonresidential mixed use projects shall be subject to site and
design review in accord with Chapter 18.30(G), except that mixed use projects
with nine or fewer units shall only require review and approval by the
architectural review board.
(12) Nonresidential uses that involve the use or storage of hazardous materials in
excess of the exempt quantities prescribed in Title 15 of the Municipal Code,
including but not limited to dry cleaning plants and auto repair, are prohibited in
a mixed use development with residential uses.
(c) Exclusively Residential Uses
(1) Exclusively residential uses are allowed in the CDC subdistrict, except in the
ground floor (GF) combining district.
(2) Exclusively residential uses are generally prohibited in the CD district and CDN
and CDS subdistricts. Such uses are allowed, however, where a site is
designated as a Housing Opportunity Sitehousing inventory site in the Housing
Element of the Comprehensive Plan. Such sites shall be developed pursuant to
the regulations for the multifamily zone designation (RM2015, RM30, or RM
40) identified for the site in the Housing Element.
. . .
(l) Housing Incentive Program
(1) For an exclusively residential or residential mixeduse project in the CDC zone,
the Director may waive the residential floor area ratio (FAR) limit after the
project with the proposed waiver is reviewed by the Architectural Review Board,
if the Director finds that the project exceeding the FAR standard is consistent
with the required architectural review findings. In no event shall the Director
approve a commercial FAR in excess of 1.0 or a total FAR (including both
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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2019031501
residential and commercial FAR) in excess of 3.0. Nor shall the use of
transferable development rights under Section 18.18.080 be allowed to cause
the site to exceed a FAR of 3.0.
(2) For a 100% affordable housing project in the CDC zone, the Director may waive
any development standard including parking after the project with the proposed
waiver or waivers is reviewed by the Architectural Review Board, if the Director
finds that a project with such waiver or waivers is consistent with the required
architectural review findings. In no event shall the Director approve a FAR in
excess of 3.0 or approve other development standards more permissive than the
standards applicable to the Affordable Housing (AH) Combining District in
Chapter 18.30(J). A “100% affordable housing project” as used herein means a
multiplefamily housing or mixeduse project in which the residential component
consists entirely of affordable units, as defined in Section 16.65.020 of this code,
available only to households with income levels at or below 120% of the area
median income, as defined in Section 16.65.020, and where the average
household income does not exceed 60% of the area median income level, except
for a building manager’s unit.
(3) This program is a local alternative to the state density bonus law, and therefore,
a project utilizing this program shall not be eligible for a density bonus under
Chapter 18.15 (Residential Density Bonus).
(m) Parking and Vehicular Access on University Avenue Restricted
Vehicular access to CDC zoned sites on University Avenue which requires vehicular
movement across the sidewalk on University Avenue shall be prohibited, except where
required by law and as applied to parcels owned, leased or controlled by the City.
SECTION 8.Subsection (d) of Section 18.18.090 (Parking and Loading) of Chapter 18.18
(Downtown Commercial (CD) District) of Title 18 (Zoning) of the PAMC is amended as follows:
Section 18.18.090 Parking and Loading
. . .
(d) Inlieu Parking Provisions
In connection with any expansion of the supply of public parking spaces within the CD
commercial downtown district, the city shall allocate a number of spaces for use as "in
lieu parking” spaces to allow development to occur on sites which would otherwise be
precluded from development due to parking constraints imposed by monetary
contribution to the city to defray the cost of providing such parking. Contributions for
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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2019031501
each required parking space shall equal the incremental cost of providing a net new
parking space in an assessment district project plus cost for the administration of the
program, all as determined pursuant to Chapter 16.57 of Title 16 of this code, by the
director of planning and community environment, whose decision shall be final. Only
sites satisfying one or more of the following criteria, as determined by the director of
planning and community environment, shall be eligible to participate in the inlieu
parking program:
(1) Construction of onsite parking would necessitate destruction or substantial
demolition of a designated historic structure;
(2) The site area is less than 10,000 square feet, but of such an unusual
configuration that it would not be physically feasible to provide the required on
site parking;
(3) The site is greater than 10,000 square feet, but of such an unusual
configuration that it would not be physically feasible to provide the required on
site parking;
(4) The site is located in an area where city policy precludes curb cuts or
otherwise prevents use of the site for onsite parking; or
(5) The site has other physical constraints, such as a high groundwater table,
which preclude provision of onsite parking without extraordinary expense.
Office uses above the ground floor shall not be eligible to participate in the inlieu
parking program for one year from the effective date of Ordinance No. 5460_____, from
May 2, 2019 through May 1, 2020.
. . .
SECTION 9.Section 18.40.180 (Retail Preservation) of Chapter 18.40 (General Standards and
Exceptions) of Title 18 (Zoning) of the PAMC is amended as follows:
Section 18.40.180 Retail Preservation
(a) Conversion of Retail and RetailLike Uses Prohibited.
(1) Any ground floor Retail or RetailLike use permitted or operating as of March 2,
2015 may be replaced only by another Retail or RetailLike use, as permitted in
the applicable district.
(A) A ground floor Retail or RetailLike use in the RT35 district on properties
with frontage on Alma Street between Channing Avenue and Lincoln
Avenue may additionally be replaced by a Private Educational Facility
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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2019031501
use, provided that such use shall not be thereafter replaced by an Office
use.
(2) The phrase 'use permitted or operating' as used in this section means:
(A) A lawfully established use conducting business, including legal non
conforming uses.
(B) An established use conducting business without required city approvals,
but is a permitted or conditionally permitted use in district.
(C) For parcels vacant on March 2, 2015, the last use that was lawfully
established, or established without required permits, and permitted or
conditionally permitted in the district.
(b) Nonconforming Uses.
(1) The requirements imposed by subsection (a) shall not apply to Retail or Retail
like uses that are no longer permitted or conditionally permitted in the
applicable district.
(2) Nothing in this section shall modify the provisions of Chapter 18.70 regarding the
expansion, change, discontinuance, or termination of a nonconforming use.
(c) Waivers and Adjustments; and Exemptions.
(1) Grounds. The following shall be grounds for a request for waiver or adjustment
of the requirements contained in this section:
(A) Economic Hardship. An applicant may request that the requirements of this
section be adjusted or waived based on a showing that applying the
requirements of this section would effectuate an unconstitutional taking of
property or otherwise have an unconstitutional application to the property;
or
(B) Alternative Viable Active Use. Except in the GF or R combining districts, an
applicant may request that the requirements of this Section 18.40.160 be
adjusted or waived based on a showing that: the permitted retail or retail
like use is not viable; the proposed use will support the purposes of the
zoning district and Comprehensive Plan land use designation; and the
proposed use will encourage active pedestrianoriented activity and
connections.
(2) Documentation. The applicant shall bear the burden of presenting substantial
evidence to support a waiver or modification request under this Section and
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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2019031501
shall set forth in detail the factual and legal basis for the claim, including all
supporting technical documentation. Evidence in support of a waiver under
subsection (c)(1)(B) must demonstrate the viability of existing and future uses on
the site, based on both the site characteristics and the surrounding uses;
specifically whether a substitute use could be designed and/or conditioned to
contribute to the goals and purposes of the zoning district. Examples of such
evidence include:
(A) A 10year history of the site's occupancy and reasons for respective tenants
vacating the site;
(B) A map that indicates all the existing surrounding uses, both residential and
nonresidential, within one Cityblock; include the corresponding zone district on
the map;
(3) Any request under this section shall be submitted to the Director together with
supporting documentation. The Director, in his or her sole discretion, may act on
a request for waiver or refer the matter to the City Council.
(A) A decision by the Director shall be placed on the City Council's consent
calendar within 45 days.
(B) Removal of the recommendation from the consent calendar shall require
three votes, and shall result in a new public hearing before the City Council,
following which the City Council shall take action on the waiver request.
(C) The decision of the Council is final.
(4) Exemptions. The provisions of this Section 18.40.180 shall not apply to:
(A) A 100% affordable housing project not within the Ground Floor (GF) and/or
Retail (R) combining districts or on a site abutting El Camino Real . A “100%
affordable housing project” as used herein means a multiplefamily housing
project consisting entirely of affordable units, as defined in Section 16.65.020 of
this code, available only to households with income levels at or below 120% of
the area median income, as defined in Chapter 16.65, except for a building
manager’s unit.
A 100% affordable housing project on a site abutting El Camino Real in the
CN and CS zone districts outside the Retail (R) combining district. A “100%
affordable housing project” as used herein means a multiplefamily housing
project consisting entirely of affordable units, as defined in Section 16.65.020 of
this code, available only to households with income levels at or below 120% of
the area median income, as defined in Chapter 16.65, and where the average
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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household income does not exceed 80% of the area median income level, except
for a building manager’s unit.
(B)
. . .
SECTION 10. Chapter 18.40 (General Standards and Exceptions)of Title 18 (Zoning) of the
PAMC is amended to add a new Section 18.40.230 (Rooftop Gardens) as follows:
Section 18.40.230 Rooftop Gardens
Where allowed under this Title, in order to qualify as usable open space, a rooftop garden shall
meet the following standards:
(a) Permanent fixtures on the rooftop shall be placed so as not to exceed height limit for
the applicable zoning district, except:
(i) Elevators, stairs and guardrails may exceed the height limit to allow for access to the
rooftop useable open space. These fixtures shall be designed to the lowest height and
size feasible in order to comply with applicable building codes.
(ii) Permanent fixtures associated with the useable open space, such as trellises, shade
structures, furniture, and furnishings such as planters, lighting and heaters, may exceed
the height limit by up to 12 feet.
(iii) For the height limit exceptions in (i) and (ii) above, all fixtures shall not intersect a
plane measured at a fortyfive degree angle from the edge of the building starting at the
rooftop garden surface sloping upward and inward toward the center of the property.
(b) The rooftop garden shall be located on the third or higher story.
(c) The rooftop garden shall be accessible to all residents of dwelling units on the parcel,
but not to commercial tenants of a residential mixeduse development.
(d) Structures or fixtures providing a means of access or egress (i.e., stairway, elevator) shall
be located away from the building edge to the extent feasible to minimize visibility from
the public rightofway and adjacent buildings and privacy impacts. These access
structures or fixtures, when exceeding the height limit, shall be subject to the provisions
of subsection (a)(iii) above.
(e) Any lighting shall be shielded from public views and have full cutoff fixtures that cast
downwardfacing light,, or consist of lowlevel string lights; no uplighting is permitted.
Lights shall be dimmable to control glare and placed on timers to turn off after 10:00
PM. Photometric diagrams must be submitted by the applicant to ensure there are no
spillover impacts into windows or openings of adjacent properties.
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(f) At least 15% but no more than 25% of the rooftop shall be landscaped with raised beds
for gardening, C.3 stormwater planters, or other landscaping. All required landscaped
areas shall be equipped with automatic irrigation systems and be properly drained.
(g) Rooftop equipment that emit noise and/or exhaust, including but not limited to vents,
flues, generators, pumps, air conditioning compressors, and other protrusions through
the roof, shall be directed away and screened from the useable open space areas.
(h) Rooftop open space noise levels shall not exceed exterior residential noise level as
defined by Section 9.10.030(a) of this code.
(i) The use of sound amplifying equipment shall be prohibited. Signs shall be affixed
adjacent to access elevators and stairs within the rooftop garden providing notice of this
prohibition.
SECTION 11. Table 1 (Minimum OffStreet Parking Requirements) and Table 2 (Minimum Off
Street Parking Requirements for Parking Assessment Districts) of subsection (c) of Section
18.52.040 (OffStreet Parking, Loading and Bicycle Facility Requirements) of Chapter 18.52
(Parking and Loading Requirements) of Title 18 (Zoning) of the PAMC are amended as follows:
Section 18.52.040 OffStreet Parking, Loading and Bicycle Facility Requirements
. . .
(c) Tables 1, 2 and 3: Parking, Bicycle, and Loading Requirements
Tables 1 and 2 below outline vehicle and bicycle parking requirements in general and for
Parking Assessment Districts, respectively. Table 3 outlines loading requirements for
each land use. For mixeduse projects, the requirements for each land use shall be
applied and required for the overall project.
Table 1
Minimum OffStreet Parking Requirements
Use Vehicle Parking Requirement
(# of spaces)
Bicycle Parking Requirement
Spaces Class
1 Long Term (LT) and
Short Term (ST)
RESIDENTIAL USES
MultipleFamily
Residential
1 per micro unit (2)
1.25 per studio unit
1.5 per 1bedroom unit
2 per 2bedroom or larger unit
1 per unit 100% LT
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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At least one space per unit
must be covered
Tandem parking allowed for
any unit requiring two spaces
(one tandem space per unit,
associated directly with
another parking space for the
same unit, up to a maximum of
25% of total required spaces
for any project with more than
four (4) units)
(a) Guest Parking
No additional guest parking
required For projects
exceeding 3 units; 1 space
plus 10% of total number of
units, provided that if more
than one space per unit is
assigned or secured parking,
then guest spaces equal to
33% of all units is required.
1 space for each 10
units 100%ST
Senior Housing
(3) (5)0.75 per unit
. . .
RETAIL USES (4)
Retail:
(a) Intensive (retail
not defined as
extensive)
1 per 200 sq. ft. of gross floor
area 1 per 2,000 sf 20% LT 80%ST
(b) Extensive (retail
with more than 75%
of gross floor area
used for display, sales
and related storage,
with demonstrably
low parking demand
generation per square
foot of gross floor
area)
1 per 350 sq. ft. of gross floor
area 1 per 3,500 sf 20% LT 4080% ST
(SGY7MKR)RZIPSTI-( ( '* ''))&*&)&)%))
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(c) Open lot
1 space for each 500 square
feet of sales, display, or
storage site area
1 per 5,000 sf 100%ST
Driveup windows
providing services
to occupants in
vehicles
Queue line for 5 cars, not
blocking any parking spaces,
in addition to other
applicable requirements
None additional
Eating and Drinking
Services:
(a) With drivein or
takeout facilities
3 per 100 sq. ft. of gross floor
area 3 per 400 sf 40% LT 60% ST
(b) All others
1 space for each 60 gross sq.
ft. of public service area, plus
1 space for each 200 gross sq.
ft. for all other areas.
1 per 600 sf of
public service area,
plus 1 per 2,000 sf
for other areas
. . .
(1) Long Term (LT) and Short Term (ST) bicycle spaces as described in Section 18.54.060.
(2) A “microunit” as used herein means a residential unit of 450 square feet or less.
(3) Senior housing for purposes of this provision means an independent living facility, not a
convalescent or residential care facility.
(4) For residential mixeduse developments in the CDC zone, CC(2) zone, and on CN and CS
zoned sites abutting El Camino Real, the first 1,500 square feet of groundfloor retail
uses shall not be counted toward the vehicle parking requirement.
(5) Because these parking standards are reduced from the standards otherwise applicable
to multiplefamily residential development, projects that utilize these reduced parking
standards shall not be eligible for further parking reductions through adjustments under
Section 18.52.050, Table 4.
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Table 2
Minimum OffStreet Parking Requirements for Parking Assessment Districts
(IF USE IS NOT LISTED, REFER TO TABLE 1 FOR REQUIREMENTS)
Use Vehicle Parking
Requirement
(# of spaces)
Bicycle Parking Requirement
Class 1 Spaces
For Downtown University Avenue Parking Assessment District:
All uses (except
residential)2
1 per 250 square feet 1 per 2,500
square feet
40% LT
60% ST
For California Avenue Parking Assessment District:
. . .
Retail:2
(a) Intensive 1 per 240 sf of gross
floor area
1 per 2,400
sf
20% LT
80% ST
(b) Extensive 1 per 350 sf of gross
floor area
1 per 3,500
sf
(c) Open Lot 1 for each 500 square
feet of sales, display, or
storage site area.
1 per 5,000
sf
100% LT
. . .
(1) Long Term (LT) and Short Term (ST) bicycle spaces as described in Section 18.54.060.
(2) For residential mixeduse developments in the CDC zone, CC(2) zone, and on CN and CS
zoned sites abutting El Camino Real, the first 1,500 square feet of groundfloor retail
uses shall not be counted toward the vehicle parking requirement.
SECTION 12. Table 4 (Allowable Parking Adjustments) of Section 18.52.050 (Adjustments by the
Director) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the
PAMC is amended as follows:
Section 18.52.050 Adjustments by the Director
Automobile parking requirements prescribed by this chapter may be adjusted by the director in
the following instances and in accord with the prescribed limitations in Table 4, when in his/her
opinion such adjustment will be consistent with the purposes of this chapter, will not create
undue impact on existing or potential uses adjoining the site or in the general vicinity, and will
be commensurate with the reduced parking demand created by the development, including for
visitors and accessory facilities where appropriate. No reductions may be granted that would
result in provision of less than ten (10) spaces on a site. The following are adjustments that
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apply to developments not located within a parking assessment district. Adjustments within
the parking assessment districts are contained in Section 18.52.080. The decision of the
regarding parking adjustments may be appealed as set forth in Chapter 18.78 (Appeals).
Table 4
Allowable Parking Adjustments
Purpose of
Adjustment
Amount of Adjustment Maximum Reduction 2a2
OnSite Employee
Amenities
Square footage of commercial or
industrial uses to be used for an onsite
cafeteria, recreational facility, and/or
day care facility, to be provided to
employees or their children and not
open to the general public, may be
exempted from the parking
requirements
100% of requirement for
onsite employee
amenities
Joint Use (Shared)
Parking Facilities
For any site or sites with multiple uses
where the application of this chapter
requires a total of or more than ten (10)
spaces, the total number of spaces
otherwise required by application of
Table 1 may be reduced when the joint
facility will serve all existing, proposed,
and potential uses as effectively and
conveniently as would separate parking
facilities for each use or site. In making
such a determination, the director shall
consider a parking analysis using criteria
developed by the Urban Land Institute
(ULI) or similar methodology to estimate
the shared parking characteristics of the
proposed land uses. The analysis shall
employ the city's parking ratios as the
basis for the calculation of the base
parking requirement and for the
determination of parking requirements
for individual land uses. The director
may also require submittal and approval
of a TDM program 1 to further assure
parking reductions are achieved.
20% of total spaces
required for the site
100% Affordable
Housing (4)
Based on maximum anticipated
demand; applicant may request up to a
100% reduction in parking.
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Purpose of
Adjustment
Amount of Adjustment Maximum Reduction 2a2
Housing for Seniors The total number of spaces required
may be reduced for housing facilities for
seniors, commensurate with the
reduced parking demand created by the
housing facility, including for visitors
and accessory facilities, and subject to
submittal and approval of a parking
analysis justifying the reduction
proposed.
50% of the total spaces
required for the site
Affordable Housing
Units and Single Room
Occupancy (SRO) Units
(3)
The total number of spaces required
may be reduced for affordable housing
and single room occupancy (SRO) units,
commensurate with the reduced
parking demand created by the housing
facility, including for visitors and
accessory facilities. The reduction shall
consider proximity to transit and
support services and the director may
require traffic demand management
measures1 in conjunction with any
approval.
a. 40% for
Extremely Low
Income and SRO
Units
b. 30% for Very Low
Income Units
c. 20% for Low
Income Units
Housing Near Transit
Facilities
The total number of spaces required
may be reduced for housing located
within a designated Pedestrian/Transit
Oriented area or elsewhere in
immediate proximity to public
transportation facilities serving a
significant portion of residents,
employees, or customers, when such
reduction will be commensurate with
the reduced parking demand created by
the housing facility, including for visitors
and accessory facilities, and subject to
submittal and approval of a TDM
program.1
20% of the total spaces
required for the site.
Transportation and
Parking Alternatives
Where effective alternatives to
automobile access are provided, other
than those listed above, parking
requirements may be reduced to an
extent commensurate with the
permanence, effectiveness, and the
demonstrated reduction of offstreet
20% of the total spaces
required for the site
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Purpose of
Adjustment
Amount of Adjustment Maximum Reduction 2a2
parking demand effectuated by such
alternative programs. Examples of such
programs may include, but are not
limited to, transportation demand
management (TDM) programs or
innovative parking pricing or design
solutions.1 (note: landscape reserve
requirement is deleted).
Combined Parking
Adjustments
Parking reductions may be granted for
any combination of the above
circumstances as prescribed by this
chapter, subject to limitations on the
combined total reduction allowed.
a. 30% reduction of the
total parking demand
otherwise required
b. 40% reduction for
affordable housing
projects
c. 50% reduction for
senior housing projects
Modification to Off
Street Loading
Requirements
The director may modify the quantity or
dimensions of offstreet loading
requirements for nonresidential
development based on existing or
proposed site conditions; availability of
alternative means to address loading
and unloading activity; and, upon
finding that: 1) the offstreet loading
requirement may conflict with
Comprehensive Plan goals and policies
related to site design planning,
circulation and access, or urban design
principles; and 2) the use of shared on
street loading would not conflict with
Comprehensive Plan goals and policies
related to site design planning,
circulation and access or urban design
principles; maximum reduction in one
loading space.
One loading space may
be waived
(1) See Section 18.52.050(d) below regarding requirements for TDM programs.
(2) No parking reductions may be granted that would result in provision of less than ten
(10) parking spaces on site, except for 100% affordable housing projects.
(3) No parking reductions may be granted for projects that are entitled to the reduced
parking standards in Table 1 of Section 18.52.040 for senior housing.
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(3)(4) Applies to 100% affordable housing projects and the residential component of
100% affordable housing mixeduse projects. “100% affordable housing” as used herein
means a multiplefamily housing project consisting entirely of affordable units, as
defined in Section 16.65.020 of this code, available only to households with income
levels at or below 120% of the area median income, as defined in Chapter 16.65, except
for a building manager’s unit.
(a) Combining Parking Adjustments
Parking reductions may be granted for any combination of circumstances, prescribed by
this chapter, so long as in total no more than a 30% reduction of the total parking
demand otherwise required occurs, or no less than a 40% reduction for affordable
housing projects (including Single Room Occupancy (SRO) units), or no less than 50%
reduction for senior housing projects.
. . .
SECTION 13. Subsection (c) of Section 18.52.070 (Parking Regulations for CD Assessment
District) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the PAMC
is amended as follows:
Section 18.52.070 Parking Regulations for CD Assessment District
. . .
(c) Inlieu Parking Provisions
In connection with any expansion of the supply of public parking spaces within the CD
commercial downtown district, the city shall allocate a number of spaces for use as "in
lieu parking” spaces to allow development to occur on sites which would otherwise be
precluded from development due to parking constraints imposed by monetary
contribution to the city to defray the cost of providing such parking. Contributions for
each required parking space shall equal the incremental cost of providing a net new
parking space in an assessment district project plus cost for the administration of the
program, all as determined pursuant to Chapter 16.57 of Title 16 of this code, by the
director of planning and community environment, whose decision shall be final. Only
sites satisfying one or more of the following criteria, as determined by the director of
planning and community environment, shall be eligible to participate in the inlieu
parking program:
(1) Construction of onsite parking would necessitate destruction or substantial
demolition of a designated historic structure;
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(2) The site area is less than 10,000 square feet, but of such an unusual
configuration that it would not be physically feasible to provide the required on
site parking;
(3) The site is greater than 10,000 square feet, but of such an unusual
configuration that it would not be physically feasible to provide the required on
site parking;
(4) The site is located in an area where city policy precludes curb cuts or
otherwise prevents use of the site for onsite parking; or
(5) The site has other physical constraints, such as a high groundwater
table, which preclude provision of onsite parking without extraordinary
expense.
Office uses above the ground floor shall not be eligible to participate in the in
lieu parking program for one year from the effective date of Ordinance No.
5460_____, from May 2, 2019 through May 1, 2020.
. . .
SECTION 14. Section 18.52.080 (Adjustments to Parking Assessment Area Requirements by the
Director) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the
PAMC is amended to add a new subsection (f) as follows:
Section 18.52.080 Adjustments to Parking Assessment Area Requirements by the Director
. . .
(f) Affordable Housing
For 100% affordable housing projects, the director may waive up to 100% of the parking
requirement based on maximum anticipated demand. “100% affordable housing” as
used herein means a multiplefamily housing project consisting entirely of affordable
units, as defined in Section 16.65.020 of this code, available only to households with
income levels at or below 120% of the area median income, as defined in Chapter 16.65,
except for a building manager’s unit.
SECTION 15. Any and all references to “RM15” in the Palo Alto Municipal Code or appendices
thereto shall mean “RM20”.
SECTION 16. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
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2019031501
SECTION 17. This Ordinance shall not apply to any project for which the application has been
deemed complete as of the effective date of the Ordinance, for the last required discretionary
approval for the project. However, the project applicant may elect to be subject to this
Ordinance in which case the Ordinance in its entirety shall apply to the project.
SECTION 18. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 19.The Council finds that the potential environmental impacts related to this
Ordinance were analyzed in the Final EIR for the Comprehensive Plan Update, which was
certified and adopted by the Council by Resolution No. 9720 on November 13, 2017. The
Ordinance is consistent with and implements the program evaluated in the EIR.
//
//
//
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//
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2019031501
SECTION 20. This Ordinance shall be effective on the thirtyfirst date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
City Clerk Mayor
Director of Planning & Community
Environment
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