HomeMy WebLinkAbout2018-04-09 Ordinance 5432DocuSign Envelope ID: 2C80CB16-03C6-406B-B45D-11121106C8CO
Ordinance No. 5432
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC)
Chapter 2.20 (Planning and Transportation Commission) of Title 2, Chapter 10.64 (Bicycles,
Roller Skates and Coasters) of Title 10, and Chapters 18.04 (Definitions), 18.10 (Low-Density
Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family Residential District), 18.15 (Residential
Density Bonus), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS)
Districts), 18.28 (Special Purpose (PF, OS and AC) Districts), 18.30(G) (Combining Districts),
18.40 (General Standards and Exceptions), 18.42 (Standards for Special Uses), 18.52 (Parking
and Loading Requirements), 18.54 (Parking Facility Design Standards), 18.76 (Permits and
Approvals), 18.77 (Processing of Permits and Approvals), and 18.80 (Amendments to Zoning
Map And Zoning Regulations) of Title 18, and Chapters 21.12 (Tentative Maps and Preliminary
Parcel Maps), and 21.32 (Conditional Exceptions) of Title 21
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Section 2.20.030 (Officers) of Chapter 2.20 (Planning and Transportation
Commission) of Title 2 (Administrative Code) is amended as follows:
2.20.030 Officers
The ceFRFRissien Commission shall elect its efficers anmially at tl:le first FReeting in
NeveFRl3era chairperson and a vice chairperson from its membership who shall serve in such
capacity for terFRs ef one year each, or until a successor is elected, unless his or her term as a
member of the Commission sooner expires.
SECTION 2. [Deleted)
SECTION 3. Sections 10.64.010 (Bicycle license required), 10.64.060 (License fees), and
10.64.070 (Safe mechanical condition prerequisite to issuance of license) of Chapter 10.64
(Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) of the PAMC are deleted
in their entirety.
10.&4.010 9i&y&le li&eRS@ F@'IWiFeEI
Ne resident ef tl:le city sl:lall e13erate any 13icycle (defined as any device \\'l:licl:l a 13ersen
FRay ride, wl:licl:l is 13re13elled 81; l:l1:1FRan 13ev;er tl:lre1:1gl:l a systeFR ef 13elts, cl:lains, er gears and
wl:licl:l l:las wl:leels at least twenty incl:les in diaFReter and a fraFRe size ef at least fo1:1rteen
inches) en any street, read, l:ligl:lway, er etl:ler 131:18lie 13re13erty witl:lin tl:le city, 1:1nless s1:1ch
13icycle is licensed in accerdance 'Nith Divisien 16.7, Sectiens ~9000 tl:lre1:1gl:l ~9011 ef tl:le
Califernia Vel:licle Cede. Any 13ersen whe vi elates tl:le 13revisiens ef this sectien FRay 13e cited
131:1rs1:1ant te Vel:licle Cede Sectien ~9002(a).10.i4.0a0 bieeRse fees
Tl:le license fee te 13e 13aid for eacl:l 13icycle licensed 131:1rs1:1ant te Sectien 10.84 .010 sl:lall
13e 13aid in advance. A fee shall 13e 13aid fer a13131icatien for transfer ef license 131:1rs1:1ant te Sectien
~9008 ef tl:le Califernia Vel:licle Cede. Said fees sl:lall 13e as set fortl:l in tl:le FR1:1nici13al fee
sched1:1le.
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1g,(ij4,g7g Safe Fffe&l=laRi&al &eRElitieR preFeE11:dsite te issYaR&e ef li&eRse
/\ny person applying for a Bicycle license p1:1rs1:1ant to the provisions of this chapter
m1:1st elemonstrate to the chief of police or his elesignateel representative that the Bicycle for
'Nhich the applicant elesires to sec1:1re license plates meets the reei1:1irements of this chapter an el
the California Vehicle Coele as to safe mechanical conelition.
SECTION 4. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of
the PAMC is amended as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
(23.5 Q.4....3.) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the
resin, whether crude or purified, extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
or resin. "Cannabis" also means the separated resin, whether crude or purified,
obtained from cannabis. "Cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination. For the purpose of this Title, "cannabis" does
not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety
Code.
(A) "Commercial cannabis activity" includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging,
labeling, transportation, delivery or sale of cannabis and cannabis products as
provided for in Division 10 of the California Business and Professions Code.
"Commercial cannabis activity" does not include personal uses allowed by Health
and Safety Code sections 11362.1 and 11362.2 or personal medicinal uses
allowed by sections 11362.765 and 11362.77, as amended from time to time.
(B) "Cultivation" means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
(C) "Medical cannabis dispensary" is a facility where cannabis is made available
for medicinal purposes in accordance with any provision of state law that
authorizes the use of cannabis for medicinal purposes.
(24.5) "Carport" means a portion of a principal residential building or an
accessory building to a residential use designed to be utilized for the shelter parking or
storage of one or more motor vehicles, which is at least 50% open (1:1nencloseel) on two
or more sidesL including on the vehicular entry side, and ..... hich is covered with a solid
roof.
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(41.§) "Qireeter'' n:ieans the direeter sf 13lanning and een:in:i~nity envirenn:ient
er his er her designee.
(59) "Garage, private" means a portion of a principal residential building or an
accessory building to a residential use designed to be utilized for the shelter parking or
storage of one or more motor vehiclesL~ which is enclosed on three tw&-or more
sides and covered with a solid roof.
(GS) "Gross floor area" is defined as follows:
(B) Non-residential & Multifamily Exclusions: For all zoning districts other
than the R-E, R-1, R-2 and RMD residence districts, "gross floor area"
shall not include the following:
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(iv) Exee13t in the CQ Qistriet and in areas designated as s13eeial
st~dy areas, For existing structures, minor additions of floor area
approved by the director of planning and community environment for
purposes of resource conservation or code compliance, upon the
determination that such minor additions will increase compliance with
environmental health, safety or other federal, state or local standards.
Any additional floor area approved shall not qualify for grandfathered
floor area in the event the building is later replaced or redeveloped.
Such allowable additions may include, but not be limited to, the
following:
a. Except in the CD District, aAreas designed for
resource conservation, such as trash compactors, recycling, and
other energy facilities meeting the criteria outlined in Section
18.42.120 (Resource Conservation Energy Facilities); am!-
b. Areas designed and required for hazardous materials
storage facilities, disability related access or seismic upgrades.
For the purposes of this section disability related upgrades are
limited to the incremental square footage necessary to
accommodate disability access and shall be subject to the
Director's approval not to exceed 500 square feet per site.
Disability related upgrades shall only apply to remodels of
existing buildings and shall net ei~alify for grandfathered fleer
area in the event the b~ilding is later re13laeed er etherwise
re8e·1el013ed.;-and
c. Areas designed and required for refuse storage, such
as trash, recycling, and compost, when it is the minimum
amount needed to comply with current code requirements. The
provisions of this subsection (a)(GS)(B)(iv) are not intended to
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and do not allow the removal of a previously approved existing
interior refuse storage area.
(D) Low Density Residential Exclusions: In the RE and R-1 single-family
residence districts and in the R-2 and RMD two-family residence
districts, "gross floor area" shall not include the following:
(vii) For residences designated on the city's Historic Inventory as
a Category 1 through 4or Category 2 historic structure as defined in
Section 16.49.020 of this or any contributing structure within a locally
designated historic district, or if individually listed on the National
Register of Historic Places or California Register of Historical Resources,
the following gross floor area exclusions apply.
(114.2) "Porte-cochere" means a covered structure attached to a residence or adjacent
to a residence and erected over a driveway, which is eeff'l13letely open on three or more sides and
used for the temporary unloading and loading of vehicles.
SECTION 5. Section 18.10.090 (Basements) of Chapter 18.10 (Low Density Residential RE, R-2
and RMD Districts) of Title 18 (Zoning) of the PAMC is amended as follows:
18.10.090 Basements
(b) Inclusion of Gross Floor Area
Basements shall not be included in the calculation of gross floor area, provided that:
(1) basement area is not deemed to be habitable space, such as crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the first
floor is no more than three feet above the grade around the perimeter of the
building foundation. Grade is measured at the lowest point of adjacent ground
elevation prior to grading or fill, or finished grade, whichever is lower; or
(3) basement area is associated with a historic property as described in Section
18.04.030(a)(6S)(D)(vii).
SECTION 6. Sections 18.12.040 (Development Standards), 18.12.090 (Basements), and
18.12.120 (Home Improvement Exception) of Chapter 18.12 (R-1 Single-Family Residential
District) of Title 18 (Zoning) of the PAMC are amended as follows:
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18.12.040 Site Development Standards
(b) Gross Floor Area Summary
TABLE3
SUMMARY OF GROSS FLOOR AREA FOR SINGLE FAMILY RESIDENTIAL DISTRICTS
Desalptlon II lndudea In GFA Excluded ffi>m~
Accessory structures greater than 120 sq. ft. ,/'
Second floor equivalent: areas with heights >17' ../' counted twice)
Third floor equivalent: areas with heights> 26' ../' (counted three
Third floor equivalent, where roof pitch is> 4:12 ../'up to 200 sq. ft.
ofunusable space
Garages and carports ,/'
Porte cocheres ,/'
Entry feature .:s._12' in height, if not substantially enclosed and not recessed ../' (counted once)
Vaulted entry> 12' in height ../'(footprint
counted twice)
Fireplace footprint ../' (counted once)
First floor roofed or unenclosed porches ,/'
First floor recessed porches <10' in depth and open on exterior side ,/'
Second floor roofed or enclosed porches, arcades, balconies, porticos, breeze-,/'
ways
Basements (complying with patio & lightwell requirements described in Section ,/'
18.12.090)
Areas on floors above the first floor where the height from the floor level to ,/'
the underside of the rafter or finished roof surface is 5 or greater
Bay windows (if at least 18" above interior floor, does not project more than 2', ,/'
and more than 50% is covered by windows)
Basement area for Category 1~,.1 Historic Homes or contributing structure ,/'
within a historic district, and individuall11 listed homes on the National Register of
Historic Places or California Register of Historic Resources (even if the finished
level of the first floor is greater than 3' above grade)
Unusable attic space for category 1~,.1 Historic Homes or contributing structure .I (up to SOOsq. ft.)
within a historic district, and individuall11 listed homes on the National Register of
Historic Places or California Register of Historical Resources
(f) Contextual Garage and Carport Placement
If the predominant neighborhood pattern is of garages or carports located within the
rear half of the site, or with no garage or carport present, attached garages/carports
shall be located in the rear half of the house footprint. Otherwise, an attached
garage/carport may be located in the front half of the house footprint. "Predominant
neighborhood pattern" means the existing garage/carport placement pattern for
more than half of the houses on the same side of the block, including the subject site.
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This calculation shall exclude flag lots, corner lots and existing multifamily
developments of three or more units. For blocks longer than 600 feet, the calculations
shall be based on the 10 homes located nearest to and on the same side of the block
as the subject property, plus the subject site, but for a distance no greater than 600
feet. Detached garages/carports shall be located in the rear half of the site and, if
within a rear or side setback, at least 75 feet from the front property line. Detached
garages/carports on lots of less than 95 feet in depth, however, may be placed in a
required interior side or rear yard if located in the rear half of the lot. Access shall be
provided from a rear alley if the existing development pattern provides for alley
access. For the calculation of corner lots, the "predominant pattern" shall be
established for the street where the new garage/carports fronts.
18.12.090 Basements
(b) Inclusion of Gross Floor Area
Basements shall not be included in the calculation of gross floor area, provided that:
(1) basement area is not deemed to be habitable space, such as crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the first
floor is no more than three feet above the grade around the perimeter of the
building foundation. Grade is measured at the lowest point of adjacent ground
elevation prior to grading or fill, or finished grade, whichever is lower; or
3) basement area is associated with a historic property as described in Section
18.04.030(a)(65)(D)(vii).
18.12.120 Home Improvement Exception
(c) Limits of the Home Improvement Exception
A home improvement exception may be granted only for one or more of the
following, not to exceed the specified limits:
(10) For any residence designated on the city's Historic Inventory as a Category 1 eF
Category 2 through 4 historic structure as defined in Section 16.49.020 of the
Palo Alto Municipal Code or any contributing structure within a locally
designated historic district, to allow up to 250 square feet of floor area in excess
of that allowed on the site, provided that any requested addition or exterior
modifications associated with the HIE shall be in substantial conformance with
the Secretary of the Interior's Standards for Historic Rehabilitation. The property
owner who is granted a home improvement exception under this subsection
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(10) shall be required to sign and record a covenant against the property,
acceptable to the city attorney, which requires that the property be maintained
in accordance with the Secretary of the Interior's Standards for Historic
Rehabilitation.
SECTION 7. Sections 18.15.020 (Definitions), 18.15.030 (Density Bonuses), 18.15.080
(Application Requirements), and 18.15.090 (Review Procedures) of Chapter 18.15 (Residential
Density Bonus) of Title 18 (Zoning) of the PAMC are amended as follows:
18.15.020 Definitions
Whenever the following terms are used in this Chapter, they shall have the meaning
established by this Section:
(h) "Density bonus" means a density increase over the maximum residential density
granted pursuant to Government Code Section 65915 and this ordinance ... or, if elected by the
applicant, a lesser percentage of density increase. including, but not limited to, no increase in
density.
(s) "Replace" means either of the following:
(i) If any dwelling units described in Section 18.15.030(h) are occupied on
the date that the application is submitted to the City, the proposed
housing development shall provide at least the same number of units of
equivalent size or ty~e, or beth, to be made available at affordable rent
or affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those households in occupancy.
For unoccupied dwelling units described in Section 18.15.030(h) in a
development with occupied units, the proposed housing development
shall provide units of equivalent size or type, or both, to be made
available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category in the
same proportion of affordability as the occupied units. All replacement
calculations resulting in fractional units shall be rounded up to the next
whole number. If the replacement units will be rental dwelling units,
these5 units shall be subject to a recorded affordability restriction for at
least 55 years. For purposes of this subsection (s) of Section 18.15.020,
"equivalent size" means that the replacement units contain at least the
same total number of bedrooms as the units being replaced.
(ii)
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If all dwelling units described in Section 18.15.030(h) have been vacated
or demolished within the five-year period preceding the application, the
proposed housing development shall provide at least the same number
of units of equivalent size or ty~e, or both, as existed at the highpoint of
those units in the five-year period preceding the application to be made
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available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category as those
persons and families in occupancy at that time, if known. If the incomes
of the persons and families in occupancy at the highpoint is not known,
then one-half of the required units shall be made available at affordable
rent or affordable housing cost to, and occupied by, very low income
persons and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by, low-
income persons and families. All replacement calculations resulting in
fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall be
subject to a recorded affordability restriction for at least 55 years.
18.15.030 Density Bonuses
This Section describes the density bonuses that will be provided, at the request of an
applicant, when that applicant provides restricted affordable units as described below.
(a) The City shall grant a 20 percent (20%) density bonus when an applicant for a
development of five (5) or more dwelling units seeks and agrees to construct at least
any one of the following in accordance with the requirements of this Section and
Government Code Section 65915:
(iv) A qualifying mobile home park; or.,.
(v) At least ten percent (10%) of the total dwelling units of the development for
transitional foster youth, as defined in Section 66025.9 of the Education Code,
disabled veterans, as defined in Section 18541 of the Government Code, or
homeless persons, as defined in the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subsection shall be
subject to a recorded affordability restriction of 55 years and shall be provided at
the same affordability level as very low income units.
(c) Ne aelelitieAal eleAsit't' bem:1s shall be a1:Jtherizeel for a seAier eitizeA elevelepFAeAt er
E11:JaliP,iiAg rnebileherne park be·teAEI the eleAsit't' beAl:JS a1:Jtl:ierizeel b'f' s1:Jbseetien (a)
ef this SeetieA.Reserved
(e) Each development is entitled to only one density bonus, which shall be selected by
the applicant based on the percentage of very low restricted affordable units, lower
income restricted affordable units, or moderate income restricted affordable units,
or the development's status as a senior citizen housing development or qualifying
mobilehome park, or the development's provision of restricted affordable units for
transitional foster youth, disabled veterans or homeless persons. Density bonuses
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from more than one category may not be combined. In no case shall a development
be entitled to a density bonus of more than thirty-five percent (35%).
18.15.080 Application Requirements
An Application for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall be made as follows:
(a) An application for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall be submitted with the first application for a
discretionary permit for a development and shall be processed concurrently with
those discretionary permits. The application shall be on a form prescribed by the
City and shall include the following information:
(iv) If a concession or incentive is requested, a brief explanation as to the actual
cost reduction achieved through the concession or incentive and hov.· the
east redbletion allo'NS the applieant to pro'lide the restrieted affordaele bl nits.
(viii) For concessions and incentives that are not included within the menu of
incentives/concessions set forth in subsection (c) of Section 18.15.050, the
application requires the submittal of the project proforma or other
comparable documentation (referred to herein as the "proforma
information") to the Director, providing evidence that the requested
concessions and incentives result in identifiable; finaneially sblffieient, and
actual cost reductions. The cost of reviewing the project proforma
information, including, but not limited to, the cost to the City of hiring a
consultant to review the financial data, shall be borne by the applicant. The
proforma information shall include all of the following items:
(8) evidenee that the east redbletion allo'.vs the applieant to provide
affordaele rents or affordaele sales priees; and
(!!G) Other information requested by the Planning Director. The Planning
Director may require additional finaneial information inelblding information
regarding ea pita I easts, eqblity investment, deet serviee, projeeted revem:1es,
operating expenses, and sbleh other information as is required to evaluate
the finaneial proforma informatior:i;
18.15.090 Review Procedures
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(a) Before approving an application for a density bonus, incentive, concession, waiver,
modification or revised parking standard, the Approval Authority shall make the
following findings, as applicable:
(ii) Any requested concession or incentive will result in identifiable, financially
s1:1fficient, and actual cost reductions based upon the financial analysis and
documentation provided. The City finds that the concessions and incentives
included in Section 18.!SQ.OSO(c) will result in identifiable, financially
s1:1fficient, and actual cost reductions.
SECTION 8. Section 18.16.050 (Office Use Restrictions) 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:
18.16.050 Office Use Restrictions
The following restrictions shall apply to office uses:
(a) Conversion of Ground Floor Housing and Non-Office Commercial to Office
Medical, Professional, and Business offices shall not be located on the ground floor,
unless any of the following apply to such offices:
(1) Have been continuously in existence in that space since March 19, 2001, and as
of such date, were neither non-conforming nor in the process of being amortized
pursuant to Chapter 18.30(1);
(2) Occupy a space that was not occupied by housing, neighborhood business
service, retail services, personal services, eating and drinking services, or
automotive service on March 19, 2001 or thereafter;
(~) In the case ef CS zeneel f)ref)erties with site frentage en Iii Carnine Real, were net
ecc1:1f)ieel '3·1 l:ie1:1sing en March 19, 2001;
(4~) Occupy a space that was vacant on March 19, 2001;
SECTION 9. Section 18.28.070 (Additional OS District Regulations) of Chapter 18.28 Special
Purpose (PF, OS and AC) Districts of Title 18 (Zoning) of the PAMC is amended as follows:
18.28.070 Additional OS District Regulations
(b) Site and Design Approval
(2) Major Site and Design Review: For all other projects not reviewed as Minor
Site and Design Review, the project will be forwarded to the Planning and Transportation
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Commission for review and recommendation and then placed on the Council Consent agenda
for final action, as prescribed for staff actions outlined in Section 18.7e.Oe018.77.060 (Standard
Staff Review Process). Provided, however, that the following projects may be forwarded
directly to the City Council Consent agenda by staff without review by the Planning and
Transportation Commission, where all of the following conditions apply:
SECTION 10. Section 18.30(G).060 (Action by Commission) of Chapter 18.30(G) (Site and
Design (D) Review Combining District Regulations) of Title 18 (Zoning) of the PAMC is amended
as follows:
18.30(G}.060 Action by Commission
Unless the application for design approval is diverted for minor architectural review
under Section 18.76.020 (b)(3)(Q,£), the planning commission shall review the site plan and
drawings, and shall recommend approval or shall recommend such changes as it may deem
necessary to accomplish the following objectives:
SECTION 11. Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the
PAMC is amended to add new Sections 18.40.190 (Application Withdrawal) and 18.40.200 (New
Application Submittal Required) as follows:
18.40.190 Application Withdrawal by Applicant or Director
(a) Applicant Withdrawal. The applicant may withdraw any rezoning, permit or other
application submitted pursuant to this Title at any time before action to approve,
conditionally approve or deny the application has been taken by the decisionmaking
body, by providing written notification to the Director.
(b) Inactive Applications. Where there is inactivity on an application on the part of the
applicant for a period of at least six consecutive months, the Director shall have the
authority to deem an application withdrawn after providing written notice as
provided herein. The Director shall provide notice of his or her intent to deem an
application withdrawn at least thirty days' prior to the proposed effective date.
Such notice shall be provided by first class mail to the last known address of the
applicant on record with the Director. For purposes of this section, "inactivity" on
an application means that the Director has requested from the applicant or has
provided the applicant with notice of additional information, materials and/or fees
needed by the Director from the applicant to continue to process the application
and the applicant has failed to adequately respond to that request or notice.
18.40.200 New Application Submittal Required
The Director shall have the authority to require the filing of a new application when a
pending application project description. proposed land uses. building design. or other aspects
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of the project are substantially modified as to warrant a new review of the project to applicable
code sections. The filing of a new application shall be subject to new fees and shall render the
previous application withdrawn.
SECTION 12. Section 18.42.110 (Wireless Communication Facilities) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the PAMC is amended as follows:
18.42.110 Wireless Communication Facilities
(f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's
decision shall be final and shall not be appealable p1:Jrs1:Jant to the
proee81:Jres set forth in Chapters 18.77 or 18.78;
(2) The Director shall grant a Tier 1 WCF Permit provided that the Director finds
that the applicant proposes an eligible facilities request;
(3) The Director shall impose the following conditions on the grant of a Tier 1
WCF Permit:
(i) The proposed collocation or modification shall not defeat any existing
concealment elements of the support structure; and
(ii) The proposed WCF shall comply with the development standards in
Section 18.42.110(i)(3), (5), (6) and (7), and the conditions of approval in
Section 18.42.llO(j).
(g) Tier 2 WCF Permit Process and Findings
(1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her
sole discretion, refer an application to the Architectural Review Board. The
Director's decision shall be appealable directly to the City Council. An appeal
may be set for hearing before the City Council or may be placed on the
Council's consent calendar. pursuant to the process for appeal of
architectural review set forth in Section 18.77.070ffi.
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her
sole discretion, refer an application to the Architectural Review Board and/or
Planning and Transportation Commission. The Director's decision shall be
appealable directly to the City Council. An appeal may be set for hearing
before the City Council or may be placed on the Council's consent calendar,
pursuant to the process for appeal of architectural review set forth in
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Section 18. 77 .070ill a Rel tl:ie preeess for eeAelitieAal 1:o1se permits set fertl:i iA
SeetieA 18.77.0€i0.
(k) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use
for more than ninety (90) days shall be removed by the applicant, wireless
communications service provider, or property owner within ninety (90) days of the
cessation of use of that WCF. A new eeAelitieAal 1:o1seWCF permit shall not be issued
to an owner or operator of a WCF or a wireless communications service provider
until the abandoned WCF or its component is removed.
(I) Revocation
The Director may revoke any WCF Permit if the permit holder fails to comply with
any condition of the permit. The Director's decision to revoke a Permit shall be
appealable pursuant to the process applicable to issuance of the Permit, as provided
in subdivisions (f), (g), and (h) of this sectionfer arel:iiteet1:o1ral review set fortl:i iA
SeetieA 18.77.070 a Rel tl:ie preeess fer eeAelitieAal 1:o1se permits set fortl:i iA
SeetieA 18.77.0€i0.
SECTION 13. Sections 18.52.030 (Basic Parking Regulations) and 18.52.050 (Adjustments by the
Director) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the
PAMC are amended as follows:
18.52.030 Basic Parking Regulations
(i) Transportation Demand Management Plan
(1) Requirement for TDM Plan: A Transportation Demand Management (TDM) Plan
to reduce and manage the number of single-occupant motor vehicle trips
generated by the project shall be prepared and submitted by the applicant in the
following circumstances:
A. For all projects that generate .iGQ-50 or more net new weekday (AM or PM
peak hour) or weekend peak hour trips;
(1) The Director shall have the authority to adopt guidelines for preparing TDM
plans and when applicable shall coordinate such guidelines with the
Transportation Management A1:o1tl:ierit.,.Association.
18.52.050 Adjustments by the Director
(d) Transportation Demand Management (TDM)
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(2) Where a Transportation Demand Management (TOM) program is proposed or
required, the TOM program shall outline parking and/or traffic demand measures
to be implemented to reduce parking need and trip generation. The Director shall
have the authority to adopt guidelines for preparing TOM plans. Required
measures may include, but are not limited to: participation in the Transportation
Management A1:Jthority Association or similar organization, limiting "assigned"
parking to one space per residential unit, providing for transit passes, parking cash-
out, enhanced shuttle service (or contributions to extend or enhance existing
shuttle service or to create new shared or public shuttle service), car-sharing,
traffic-reducing housing, providing priority parking spaces ~or carpools/vanpools or
"green" vehicles (zero emission veh icles, inherently low emission vehicles, or plug-
in hybrids, etc.), vehicle charging stations, additional bicycle parking facilities, or
other measures to encourage transit use or to reduce parking needs. The program
shall be proposed to the satisfaction of the director, shall include proposed
performance targets for parking and/or trip reduction and indicate the basis for
such estimates, and shall designate a single entity (property owner, homeowners
association, etc.) to implement the proposed measures.
SECTION 14. Section 18.54.020 (Vehicle Parking Facilities) of Chapter 18.54 (Parking Facility
Design Standards) of the PAMC is amended as follows:
18.54.020 Vehicle Parking Facilities
(a) Parking Facility Design
(3) The required stall widths shown in Table .§..l_of Section 18.54.070 shall be
increased by 0.5 foot for any stall located immediately adjacent to a wall, whether on
one or both sides. The director may require that the required stall widths be increased
by 0.5 foot for any stall located immediately adjacent to a post, where such post limits
turning movements into or out of the stall.
SECTION 15. Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and
Approvals) of Title 18 (Zoning) of the PAMC is amended as follows:
18.76.020 Architectural Review
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor
project, as set forth in this section, unless an application for architectural review is reviewed,
acted upon, and approved or approved with conditions as set forth in Section 18.77.070.
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(1) Exempt Projects. The following projects do not require architectural review:
Single family and two family residences do not reei1::1ire architect1::1ral review,
except as provided 1::1nder s1::18sections (2)(C) and (2)(D).
(A) Single-family and two-family residences do not rea1::1ire architect1::1ral revie'a!J,
except as provided under subsections (2)(C) and (2)(0).
(Bl Projects determined by the director of planning and community environment
to be substantially minor in nature and have inconsequential visual impacts
to the adjacent properties and public streets. These exempt projects are
referred to as "over the counter projects". The director shall have the
authority to promulgate a list of such exempt projects under this subsection.
(3) Minor Projects. The following are "minor projects" for the purposes of the
architectural review process set forth in Section 18.77.070, except when
determined to be major pursuant to subsection (2)(1) or exempt pursuant to
subsection (l)(B):
SECTION 16. Sections 18.77.020 (Applications), 18.77.060 (Standard Staff Review Process),
18.77.070 (Architectural Review Process), 18.77.080 (Notice), and 18.77.110 (Revocation or
Modification of Approvals) of Chapter 18.77 (Processing of Permits and Approvals} of Title 18
(Zoning) of the PAMC are amended, and new Section 18.77.077 (Over the Counter Project
Review Process) is added to the same Chapter, as follows:
18. 77 .020 Applications
(d) Resubmittal of applications
If an application is denied, the director or city council may specify that a substantially
similar application may not be accepted within 12 months prior tofollowing the date of such
denial, unless it is shown that the circumstances surrounding the application have changed
substantially.
18.77.060 Standard Staff Review Process
(b) Notice of Application Completeness
Not later than thirty days after an application has been received, the director shall notify
the applicant in writing whether the application is complete. If the application is determined
not to be complete. procedures outlined in in Section 18.77.030 shall apply. Once an
application is deemed complete, notice that the application has seen filed and deemed
complete shall ee given ey mail to owners and residents of property •11ithin fiOO feet of the
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pr013erty, b·1 p1:1blieati0R, b•t e ITlail, aRel by pestiRg iR a p1:1elie plaee. The Retiee shall iRd1:1ete the
aetetress of the pr013erty a net a brief eteseriptioR ef the proposeet prejeet.
(c) Decision by the Director
Not less than twenty-one days following the date an application is deemed complete:
(2) Notice of the proposed director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by p1:1elieatioR, b;· e !Tl ail,
and by posting in a public place. The notice shall include the address of the
property, a brief description of the proposed project, a brief description of the
proposed director's decision, the date the decision will be final if no hearing is
requested, and a description of how to request a hearing.
(3) The proposed director's decision shall become final fourteen days after the date
notice is mailed or p1:1elisheet, •,vhiehever is later, unless a request for a hearing is
filed. The director may, for good cause, specify in writing a longer period for
requesting a hearing at the time he or she issued the proposed decisions.
(d) Withdrawal of Hearing Request
(2) Notice of the proposed director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by p1:1elieati0R, ey e mail,
and by posting in a public place. Notice shall include the address of the property,
a brief description of the proposed project, the specific modifications made to
the application, the date the decision will be final, a description of how to
request a hearing, and a statement that any request for a hearing on the revised
decision is limited to those modifications.
(3) The revised proposed director's decision shall become final fourteen days after
the date notice is mailed or p1:1elisheet, whiehever is later, unless a request for a
hearing is filed. The director may, for good cause, specify in writing a longer
period for requesting a hearing at the time he or she issues the proposed
decision.
(e) Hearing and Recommendation (Upon Request) by the Planning and Transportation
Commission
(2) Notice of the revised director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by p1:1blieatioR, ey e ITlail,
and by posting in a public place. Notice shall include the address of the property,
a brief description of the proposed project, and the date, time and location of
the hearing.
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18.77.070 Architectural Review Process
(b) Tentative Director's Decision and Hearing Upon Request for Minor Projects
For a minor project, as defined in Section 18.76.020(b)(3), once the application is
deemed complete:
(2) Notice of the proposed director's decision shall be gi-ve&mailed to property
owner or applicant and posted in a public placesy p1::181ication. The notice shall
include the address of the property, a brief description of the proposed project,
a brief description of the proposed director's decision, the date the decision will
be final if no hearing is requested, and a description of how to request a hearing.
(3) The proposed director's decision shall become final -±4-10 days after the date
notice is mailed or p1::18lisheel, whichever is later, unless an appeal is filed. The
director may, for good cause, specify in writing a longer period for requesting a
hearing at the time he or she issues the proposed decision.
(i) When there is more than one entitlement required for a project, the longer
appeal or request for hearing period shall govern the effective date for the
Minor Architectural Review decision.
(4) The applicant or the subject property owner, or owners or tenants of an adjacent
propertyl\ny party, incl1::1eling the applicant, may request a hearing by the
architectural review board on the proposed director's decision by filing a written
request with the planning division. There shall be no fee required for requesting
such a hearing.
(d) Decision by the Director
Upon receipt of a recommendation of the architectural review board:
(2) Notice of the director's decision shall be given by mailing to owners and
residents of property within 600 feet of the property, 8y p1::181ication once in a
local newspaper, and by posting in a public place. Notice shall include the
address of the property, a brief description of the proposed project, a brief
description of the action to be taken, the date the decision will be final, and a
description of how to request a hearing.
(3) The director's decision shall become final 14 days after the date notice is mailed
or p1::181isheel, ·Nhichever is later_, unless an appeal is filed. The director may, for
good cause, specify in writing a longer period for requesting a hearing at the
time he or she issues the proposed decision.
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(e) Appeal of the Director's Decision -Filing
Any party, including the applicant, may file an appeal of the director's decision with the
planning division for projects reviewed by the architectural review board. The appeal shall be
filed in written form in a manner prescribed by the director.
18.77.077 Over the Counter Project Review Process
The director of planning and community environment shall be authorized to adopt
guidelines, rules, and procedures to implement the over the counter project review process for
projects exempt from architectural review under Section 18.76.020(b)(l)(B) of this Title.
18.77.080 Notice
(f) Notice by Posting in a Public Place
When notice by posting in a public place is required, notice shall be posted in one or
more locations accessible to the public, which may include posting on the city's website. The
director shall determine the location or locations for posting.
18.77.110 Revocation or Modification of Approvals
(c) Decision by the director
(2) Notice of the director's decision shall be given by mailing to owners and
residents of property within 600 feet of the property, anel l:ly pl:ll:llication once
in a local newspaper. and by posting in a public place. Notice shall include the
address of the property, a brief description of the noncompliance, a brief
description of the action to be taken, the date the decision will be final, and a
description of how to appeal the decision.
SECTION 17. Section 18.80.060 (Notice of Public Hearing) of Chapter 18.80 (Amendments to
Zoning Map and Zoning Regulations) of Title 18 (Zoning) of the PAMC is amended as follows:
18.80.060 Notice of Public Hearing
(a) The planning commission shall give a notice of hearing on a proposed change of
district boundaries in the following manner:
(1) Notice of the hearing shall be given by publication once in a local newspaper of
general circulation not less than twelve ten days prior to the date of the hearing.
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(2) Additionally, excepting a city-wide change in the zoning map, the city shall mail
written notice of such hearing at least twelve ten days prior to the date of the
hearing to each owner of real property and to each residential occupant within
600 feet of the exterior boundary of the property for which classification is
sought. Notice shall be provided as specified in Section 18.77.080. Compliance
with the procedures set forth in this section shall constitute a good faith effort to
provide notice, and the failure of any owner or occupant to receive notice shall
not prevent the city from proceeding with the hearing or from taking any action
nor affect the validity of any action.
SECTION 18. Section 21.12.090 (Action on tentative and preliminary parcel maps) of Chapter
21.12 (Tentative Maps and Preliminary Parcel Maps) of Title 21 (Subdivisions and Other
Divisions of Land) of the PAMC is amended as follows:
21.21.090 Action on tentative and preliminary parcel maps
(e) Action on Preliminary Parcel Map. Subject to the appeal procedures of this title, the
director of planning shall approve, conditionally approve, or deny any preliminary parcel map
filed. The director of planning shall take such action or defer the application for decision by the
City Council pursuant to Section 18.40.170 of Title 18, within fifty days of the date of filing,
unless extended by the mutual consent of the director of planning and the applicant. Prior to
tal<ing any s1:1eh aetionapproving, conditionally approving, or denying a preliminary parcel map,
the director of planning shall hold a public hearing at which any interested person shall be
allowed to present testimony regarding the 1=1reliFAinary 1=1areel map. If, in the opinion of the
director of planning, there are issues of major significance associated with the proposed parcel
map, such map may be deferred by the director of planning to the planning commission and
the city council for processing in accordance with the procedures set forth in subsections (c)
and (d) of this section.
(f) Notice of Hearing.
(1) Notice of the hearing required by subsections (c), (d), or (e) above shall be given
by publication once in a local newspaper of general circulation not less than
twelve ten days prior to the date of the hearing.
(2) Additionally, the city shall mail written notice of such hearing at least twelve ten
days prior to the date of the hearing to each owner of record of real property
within ninety one ans fo1:1r tenths meters (threesix hundred feett of the exterior
boundary of the property for which classification is sought as such owner of
record is shown in the last equalized assessment roll and to owners or occupants
of the property within ninety one ans fo1:1r tenths FAeters (three six hundred
feett as shown on the city utility customer file. Compliance with the procedures
set forth in this section shall constitute a good-faith effort to provide notice and
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the failure of any owner or occupant to receive notice shall not prevent the city
from proceeding with the hearing or from taking any action nor affect the
validity of any action.
(4) In addition to any other information required, the applicant shall submit with its
application a list of all owners of record of real property within ninety one and
fo~r tentl=ls meters (tl=lreesix hundred feet} of the exterior boundary of the
property to be subdivided as shown in the last equalized assessment roll (as
updated by the semiannual real estate update information).
SECTION 19. Section 21.32.010 (Application for exceptions) of Chapter 21.32 (Conditional
Exceptions) of Title 21 (Subdivisions and Other Divisions of Land) of the PAMC is amended as
follows:
21.32.010 Application for exceptions
A subdivider may apply for conditional £exceptions to any of the requirements and
regulations set forth in this title and Title 18, as defined in Section 21.04.030(b)(17). Such
exceptions may be granted only by the city council after recommendation by the planning
commission. Application for such exception shall be made by petition of the subdivider, stating
fully the grounds of the application and the facts relied upon by the petitioner. Such petition
shall be submitted with the tentative or preliminary parcel map for which the exception is
requested and shall be reviewed and processed concurrent with said map.
SECTION 20. 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.
SECTION 21. 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 22. The Ordinance is an annual update of planning and transportation related codes
in Palo Alto Municipal Code Titles 9, 10, 18 and 21 that encompasses amendments to a number
of code sections, many of which are unrelated, the purpose and effect of which are to clarify
and correct certain sections, align regulations to reflect current practice, conform regulations to
State law, amend procedures related to the comprehensive permitting scheme, and remove
obsolete provisions. The Council finds that the Ordinance is exempt from the provisions of the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines sections
15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment. Further, technical clarifications and
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