HomeMy WebLinkAbout2017-03-20 Ordinance 54071 January 23, 2017
Ordinance No. 5407
Ordinance of the Council of the City of Palo Alto Limiting the Conversion of
Ground Floor Citywide
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
A. The City of Palo Alto has long been considered the birth place of Silicon Valley.
With its proximity to Stanford University, its international reputation, its deep ties to
technology firms, its highly rated public school system and its ample public parks, open space
and community centers, Palo Alto continues to serve as a hub for technology based business.
B. Palo Alto is considered one of Silicon Valley's most desirable office markets,
leading to rapidly increasing rental rates for commercial property. In particular, average
commercial rental rates have gone up significantly from 2013 to 2015. In 2013 the average
monthly rental rate citywide for office was $4.57 per square foot. That rate increased to $5.12
in 2015. While retail rents have also increased during this period, retail rents are considerably
lower than office rents. The average monthly rental rate for retail in 2013 was $4.21 and in
2015 was $4.88.
C. These record high monthly rental rates for office and low vacancy rates have
created financial incentives to replace current retail use with office use where such conversions
downtown and California Avenue commercial areas but exist throughout the City. In addition,
these trends place particular pressure on small and mediumsized businesses.
D. Based on these trends, on March 2, 2015, the Palo Alto City Council asked staff
to consider whether zoningbased protections for ground floor retail uses need to be
strengthened where they currently exist and expanded to areas of the City where they do not.
E.
identifies the desirability of neighborhood serving retail (Policy L16) and envisions inviting,
pedestrianx of uses as focal points for neighborhoods (Goal L4).
Policy L
and Policy B
mea
K. The City of Palo Alto enacted Urgency Interim Ordinance 5325 on May 11, 2015
to prevent the conversion of ground floor space to office or other nonretail uses, which was a
L. The urgency interim ordinance was extended through adoption of Ordinance
5330 on June 15, 2015, and is set to expire on April 30, 2017.
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M.00
square feet of retailtype uses in the period from 2008 until the urgency interim ordinance was
adopted. This loss of retailtype uses coincided with an increase in commercial office rents,
such that property owners had an economic incentive to convert ground floor retail spaces to
N. The economic conditions that favor conversion of retail space to office space
remain in place because office rents remain higher than retail rents. According to the most
than any other city in the South Bay. In tandem with these high retail lease rates, vacancy rates
for retail spaces have remained low, averaging 2.6% over the first three quarters of 2016.
Despite the strong demand for retail space, office lease rates in Palo Alto were 42% higher than
retail rates, with similarly low vacancy rates.
O. Since the urgency interim ordinance was adopted, the City has adopted
permanent retail protections for the California Avenue business district, and has adopted an
ordinance closing a loophole in PAMC Section 18.16.050 that was allowing the loss of retail
space along El Camino Real.
P. In anticipation of the expiration of the urgency interim ordinance (Ordinance
5330), and in order to provide protections for the entire City, the City Council desires to adopt
permanent retail protections.
SECTION 2. Section 18.04.030 of Chapter 18.04 of the Palo Alto Municipal Code is
hereby amended to amend definitions 114 and 125 and to add definition 125.1 as follows:
nature, and cleaning, repair or sales incidental thereto, including:
(A) Beauty shops, nail salons, day spas, and barbershops;
(B) Selfservice laundry and cleaning services; laundry and cleaning pickup
stations where all cleaning or servicing for the particular station is done
elsewhere; and laundry and cleaning stations where the cleaning or servicing
for the particular station is done on site, utilizing equipment meeting any
applicable Bay Area Air Quality Management District requirements, so long as
no cleaning for any other station is done on the same site, provided that the
amount of hazardous materials stored does not at any time exceed the
threshold which would require a permit under Title 17 (Hazardous Materials
Storage) of this code;
(C) Repair and fitting of clothes, shoes, and personal accessories;
(D) Quick printing and copying services where printing or copying for the
particular service is done on site, so long as no quick printing or copying for
any offsite printing or copying service is done on the same site;
(E) Internet and other consumer electronics services;
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(F) Film, data and video processing shops, including shops where processing for
the particular shop is done on site, so long as no processing for any other shop
is done on the same site; and
(G) Art, dance or music studios intended for an individual or small group of
persons in a class
(H) Fitness and exercise studios, or similar uses, of 1,800 square feet or fewer
intended for an individual or small group of 15 or fewer students/customers at
one time
(125) generally open to the public during typical business
hours and predominantly engaged in providing retail sale, rental, service, processing, or
repair of items primarily intended for consumer or household use, including but not
limited to the following: groceries, meat, vegetables, dairy products, baked goods,
candy, and other food products; liquor and bottled goods, household cleaning and
maintenance products; drugs, cards, and stationery, notions, books, tobacco products,
cosmetics, and specialty items; flowers, plants, hobby materials, toys, household pets
and supplies, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras,
photography services, household electronic equipment, records, sporting equipment,
kitchen utensils, home furnishing and appliances, art supplies and framing, arts and
antiques, paint and wallpaper, carpeting and floor covering, interior decorating services,
office supplies, musical instruments, hardware and homeware, and garden supplies;
bicycles; mopeds and automotive parts and accessories (excluding service and
installation); cookie shops, ice cream stores and delicatessens.
(A)parking requirements,
means a retail sales use having more than seventyfive percent of the gross
floor area used for display, sales, and related storage of bulky commodities,
including household furniture and appliances, lumber and building materials,
carpeting and floor covering, air conditioning and heating equipment, and
similar goods, which uses have demonstrably low parking demand generation
per square foot of gross floor area.
(B)eans
any retail service use not defined as extensive retail service.
Like Use during typical
business hours and predominantly engaged in providing services closely related to retail
services, including but not limited to:
(A) Eating and drinking services, as defined in Section 18.04.030 (47);
(B) Hotels, as defined in Section 18.04.030 (73);
(C) Personal services, as defined in Section 18.04.030 (114);
(D) Theaters;
(E) Travel agencies;
(F) Commercial recreation, as defined in Section 18.04.030 (33);
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(G) Commercial nurseries;
(H) Auto dealerships, as defined in Section 18.04.030 (12.5);
(I) Day Care Centers, as defined in Section 18.04.030 (42); and
(J)Automobile Service Stations, as defined in Section 18.04.030(13); and
(K)Automotive Services, as defined in Section 18.04.030 (14).
SECTION 3. Chapter 18.30(A) of Title 18 of the Palo Alto Municipal Code is hereby
amended to amend section 18.30(A).040 and to add section 18.30(A).055:
18.30(A).040 Permitted Uses
Except to the extent a conditional use permit is required pursuant to Section
18.30(A).050, the following uses shall be permitted in an R district:
(a) Eating and drinking services, except drivein and takeout services.
(b) Personal services, not including beauty shops, nail salons, and barbershops except
the following on California Avenue: beauty shops; nail salons; barbershops; and
laundry and cleaning services as defined in section 18.04.030(114)(B).
(c) Retail services.
(d) All other uses permitted in the underlying commercial district, provided they are
not located on a ground floor.
* * *
18.30(A).055 Design Standards
The following design standards shall apply in the R combining district:
(a) Exterior windows on the ground floor shall use transparent glazing to the extent
feasible. Lowe glass or minimal tinting to achieve sun control is permitted, so long
as the glazing appears transparent when viewed from the ground level. Opaque or
reflective glazing is prohibited on the ground floor for ground floor exterior windows
in the R combining district.
(b) Window coverings are not permitted on the ground floor during typical business
hours. Where operations preclude transparency (e.g., theaters) or where privacy
requires window coverings, sidewalkfacing frontage shall include items of visual
interest including displays of merchandise or artwork; visual access shall be provided
to a minimum depth of 3 feet.
SECTION 4. Chapter 18.30(C) of Title 18 of the Palo Alto Municipal Code is hereby
amended to read as follows:
18.30(C).010 Specific Purpose
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The ground floor combining district is intended to provide design guidelines and modify
the uses allowed in the CD commercial downtown districts and subdistricts to allow only
retail, eating and drinking and other serviceoriented commercial development uses on
the ground floor promote active, pedestrianoriented uses, with a high level of
transparency and visual interest at the ground level. For the purposes of this chapter,
"ground floor" means the first floor which is above grade. Where the ground floor
combining district is combined with the CD a commercial district, the regulations
established by this chapter shall apply in lieu of the uses normally allowed in the CD
underlying district. Except for the regulations relating to uses set forth in this chapter, all
other regulations shall be those of the applicable underlying CD district.
18.30(C).020 Permitted Uses
(a) The following uses shall be permitted in the GF combining district, subject to
restrictions in section 18.40.160:
(1) Eating and drinking;
(2) Hotels;
(3) Personal services, except for parcels with frontage on University Avenue,
where uses defined in 18.04.030(114) (B), (G), and (H) are not permitted;
(4) Retail services;
(5) Theaters;
(6) Travel agencies;
(7)Entrance, lobby or reception areas serving nonground floor uses;
(8)(7) All other uses permitted in the underlying district, provided such uses
are not on the ground floor.
(b) Elimination or conversion of basement space currently in Retail or RetailLike use
or related support purposes is prohibited.
(b)Notwithstanding subsection (a), not more than twentyfive percent of the
ground floor area not fronting on a street may be occupied by a use permitted in
the applicable underlying CD district.
(c) Entrance, lobby, or reception areas serving nonground floor uses may be
located on the ground floor to the extent reasonably necessary, provided they
do not interfere with the ground floor use(s), and subject to the approval of the
Director.
18.30(C).030 Conditional Uses
(a) The following uses may be conditionally allowed on the ground floor in the GF
ground floor combining district, subject to issuance of a conditional use permit in
accord with Chapter 18.76 (Permits and Approvals) and with the additional
finding required by subsection (b), subject to restrictions in section 18.40.160:
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(1) Business or trade school;
(2) Commercial recreation;
(3) Day care;
(4) Financial services, except drive in services;
(5) General business service;
(6) All other uses conditionally permitted in the applicable underlying CD
district, provided such uses are not on the ground floor.
(b) The director may grant a conditional use permit under this section only if he or
she makes the following findings in addition to the findings required by Chapter
18.76 (Permits and Approvals):
(1) The location, access or design of the ground floor space of the existing
building housing the proposed use, creates exceptional or extraordinary
circumstances or conditions applicable to the property involved that do
not apply generally to property in the same district.
(2) The proposed use will not be detrimental to the retail environment or the
pedestrianoriented design objectives of the GF combining district.
(c) Any use conditionally permitted pursuant to this section shall be effective only
during the existence of the building that created the exceptional circumstance
upon which the finding set forth in subsection (c) was made.
18.30(C).035 Design Standards
Where the GF combining district is combined with the CDC subdistrict, the following
design standards shall apply:
(a) Exterior windows on the ground floor shall use transparent glazing to the extent
feasible. Lowe glass or minimal tinting to achieve sun control is permitted, so long
as the glazing appears transparent when viewed from the ground level. Opaque or
reflective glazing is prohibited on the ground floor for ground floor exterior windows
in the GF combining district.
(b)At least 70 percent of any sidewalkfacing frontage shall have transparent
window/door openings between 2.5 and 10 feet above grade.
(b) Window coverings are not permitted on the ground floor during typical business
hours. Where operations preclude transparency (e.g., theaters) or where privacy
requires window coverings, sidewalkfacing frontage shall include items of visual
interest including displays of merchandise or artwork; visual access shall be provided
to a minimum depth of 3 feet.
18.30(C).040 Annual Monitoring of Ground Floor Retail Use
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A downtown retail vacancy rate and use survey shall be prepared annually in September
of each year, and a report shall be prepared conveying that information to the Planning
and Transportation Commission and City Council prior to the end of the year. The
purpose of the survey is to assess changes in retail use in the downtown zones. The
vacancy rate shall address all areas zoned CDC or GF in downtown.
SECTION 5. Sections 18.85.010 through 18.85.060 of Chapter 18.85 of Title 18 of the
Palo Alto Municipal Code, which establish the Retail Preservation Interim Ordinance, and which
expire on April 30, 2017, are hereby deleted in their entirety.
SECTION 6. Section 18.40.160 of Chapter 18.40 of Title 18 of the Palo Alto Municipal
Code is hereby added to read as follows:
18.40.160 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 use, provided that such use shall not be thereafter replaced by an
Office use.
(2) The phrase 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.
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(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 a permitted retail or
retaillike 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
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 Planning Director
together with any supporting documentation. The Planning 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 Planning Director shall be placed on the may be
appealed to the City Council by
written form in the manner prescribed by the Planning Director.
(B) Removal of the recommendation from the consent calendar shall
require three votes, and shall result in a new public hearing before the
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City Council, following which the City Council shall take action on the
waiver request.
(C) The decision of the Council is final.
(d) Reconstruction. Any ground floor Retail use existing on or after March 2, 2015 may be
demolished and rebuilt provided that the portion of square footage used as Retail use
on or after March 2, 2015 is not reduced except that Retail square footage may be
reduced by the minimum amount needed to provide access to any new upper floor
and/or lower level.
(e) Applicability to Current Requirements. Nothing in this section shall alter requirements
of sitespecific Planned Community zoning ordinances or adopted conditions of
approval. Nothing in the section shall be construed to waive the requirement for a
conditional use permit or other entitlement where such requirements currently exist.
SECTION 7. Section 18.13.030 of Chapter 18.13 of Title 18 of the Palo Alto Municipal
Code is hereby amended to read as follows:
18.13.030 Land Uses
Table 1 specifies the permitted and conditionally permitted land uses in the multiple
family residence districts.
Table 1
Multiple Family Residential Uses
RM
15
RM
30
RM
40
Subject to
Regulations
in:
ACCESSORY AND SUPPORT USES
Accessory Facilities and uses customarily incidental to permitted
uses P P P Chapter
18.40
Home Occupations, when accessory to permitted residential uses P P P
Chapter
18.42
Horticulture, Gardening, and Growing of food products for
consumption by occupants of a site P P P
Surface Parking Facilities located on abandoned railroad rightsof
way CUP CUP
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Churches and Religious Institutions CUP CUP CUP
Private Clubs, Lodges, or Fraternal Organizations, excluding any
such facility operated as a business for profit CUP
Private Educational Facilities CUP CUP CUP
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PUBLIC/QUASIPUBLIC USES
Community Centers CUP CUP CUP
Utility Facilities essential to provision of utility services but
excluding construction or storage yards, maintenance facilities, or
corporation yards.
CUP CUP CUP
RECREATION USES
Neighborhood Recreational Centers CUP CUP CUP
RESIDENTIAL USES
SingleFamily P (1) P (1) P (2)
TwoFamily P (1) P (1) P (1)
MultipleFamily P P P
Village Residential P (3) (3) 18.13.050
Mobile Homes P P P
Residential Care Homes P P P
SERVICE AND RETAIL USES
Convalescent Facilities CUP
Day Care Centers CUP CUP P 18.40.160
Small Family Day Care Homes P P P
Large Family Day Care Homes P P P
Small Adult Day Care Homes P P P
Large Adult Day Care Homes CUP CUP CUP
Eating and Drinking Services, except drivein and takeout services CUP CUP
18.13.040(f),
18.40.160
Personal Services and Retail Services of a neighborhoodserving
nature CUP CUP 18.13.040(f),
18.40.160
TEMPORARY USES
Temporary Uses, subject to regulations in Chapter 18.42 CUP CUP CUP 18.42.050
P = Permitted Use CUP = Conditional Use Permit
Required
(1) Permitted use only on lots less than 8,500 square feet in size.
(2) Permitted use only on lots less than 6,000 square feet in size.
(3) Permitted use only if lot is substandard in size, e.g., less than 8,500 square feet or less than 70
feet in width, or at the perimeter of a site in excess of one acre where used as a transition to low
density residential area.
SECTION 8. Section 18.16.040 of Chapter 18.16 of Title 18 of the Palo Alto Municipal
Code is hereby amended to read as follows:
18.16.040 Land Uses
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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:
ACCESSORY AND SUPPORT USES
Accessory facilities and activities customarily associated with
or essential to permitted uses, and operated incidental to the
principal use.
P P p 18.42
Drivein services or takeout services associated with
permitted uses(3)CUP CUP CUP 18.42
Tire, battery, and automotive service facilities, when
operated incidental to a permitted retail service or shopping
center having a gross floor area of more than 30,000 square
feet.
CUP 18.42,
18.40.160
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business and Trade Schools PP
Churches and Religious Institutions PP P
Private Educational Facilities CUP PP
Private Clubs, Lodges, or Fraternal Organizations CUP PP
MANUFACTURING AND PROCESSING USES
Recycling Centers CUP CUP CUP
Warehousing and Distribution CUP
OFFICE USES
Administrative Office Services P18.16.050
Medical Offices CUP CUP CUP 18.16.050
Professional and General Business Offices PP P18.16.050
PUBLIC/QUASIPUBLIC USES
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Utility Facilities essential to provision of utility services but
excluding construction or storage yards, maintenance
facilities, or corporation yards.
CUP CUP CUP
RECREATION USES
Commercial Recreation CUP CUP CUP 18.40.160
Outdoor Recreation Services CUP CUP CUP
RESIDENTIAL USES
MultipleFamily P(1) P(1) P(1)18.16.060(b)
Home Occupations PP P
Residential Care Homes PP P
RETAIL USES
Eating and Drinking Services, excluding drivein and takeout
services P P P 18.40.160
Retail Services, excluding liquor stores PP P18.40.160
Liquor stores CUP PP18.40.160
Shopping Centers P 18.16.060(e),
18.40.160
SERVICE USES
Ambulance Services CUP CUP CUP
Animal Care, excluding boarding and kennels PP P
Boarding and Kennels CUP
Automobile Service Stations CUP CUP CUP 18.30(G),
18.40.160
Automotive Services CUP 18.40.160
Convalescent Facilities CUP PP
Day Care Centers PP P18.40.160
Small Family Day Care Homes PP P
Large Family Day Care Homes PP P
Small Adult Day Care Homes PP P
Large Adult Day Care Homes CUP PP
Banks and Financial Services V CUP P(2) P(2)
General Business Services CUP P
Hotels P P 18.16.060(d),
18.40.160
Mortuaries CUP PP
Neighborhood Business Services P 18.16.060(f)
Personal Services P P P 18.16.060(f),
18.40.160
Reverse Vending Machines PP P
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TEMPORARY USES
Farmer's Markets CUP CUP CUP
Temporary Parking Facilities provided that such facilities shall
remain no more than five years. CUP CUP CUP
TRANSPORTATION USES
Parking as a principal use CUP CUP
Transportation Terminals CUP CUP
P = Permitted Use CUP = Conditional Use Permit Required
(1) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or
on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions
of Section 18.16.060(c).
(2) Except drivein services.
(3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two
such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another.
(4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between
the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit.
(b) Late Night Use and Activities
The following regulations restrict businesses that operate or have associated activities at any time
between the hours of 10:00 p.m. and 6:00 a.m., where such site abuts or is located within 50 feet of
residentially zoned properties.
(1) Such businesses shall be operated in a manner to protect residential properties from excessive
noise, odors, lighting or other nuisances from any sources during those hours.
(2) For properties located in the CN or CS zone districts, businesses that operate or have associated
activities at any time between the hours of 10:00 p.m. and 6:00 a.m. shall be required to obtain a
conditional use permit. The director may apply conditions of approval as are deemed necessary to
assure that the operations or activities are compatible with the nearby residentially zoned property.
(c) CN District: Special Use Requirements in the Charleston and Midtown Shopping Centers
The following regulations shall apply to areas of Charleston Center and the Midtown Shopping Center
as defined in Section 18.16.030.
Table 2 shows the uses permitted and conditionally permitted on the ground floor of the applicable
areas of the Charleston Center and Midtown Shopping Centers. Permitted and conditional uses
specified in subsection (a) of this section shall only apply to the ground floor of the areas of the
Charleston and Midtown Shopping Centers as listed in Table 2. Uses lawfully existing on January 16,
2001 may be continued as nonconforming uses but may only be replaced with uses permitted or
conditionally permitted under this subsection.
TABLE 2
CHARLESTON AND MIDTOWN SHOPPING CENTERS GROUND FLOOR USES
P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use
LAND USES Charleston
Shopping
Midtown
Shopping Subject to Regulations in:
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Center Center
ACCESSORY AND SUPPORT USES
Accessory facilities and uses customarily incidental
to permitted uses. P P
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Churches and Religious Institutions CUP CUP
Private Educational Facilities CUP CUP
MANUFACTURING AND PROCESSING USES
Recycling Centers CUP CUP
OFFICE USES
Neighborhoodserving offices that do not exceed
2,500 square feet in floor area. P 18.16.050
Neighborhoodserving offices exceeding 2,500
square feet in floor area. CUP 18.16.050
Administrative office uses and general business
office uses (other than neighborhoodserving travel
agencies and insurance agencies) other than those
legally in existence on January 16,2001
X X 18.16.050
Medical offices not exceeding 2,500 square feet in
area, professional offices, travel agencies, and
insurance agencies
CUP 18.16.050
PUBLIC/QUASIPUBLIC USES
Utility Facilities essential to provision of utility
services but excluding construction or storage
yards, maintenance facilities, or corporation yards.
CUP CUP
RECREATION USES
Commercial Recreation CUP CUP 18.40.160
Outdoor Recreation Services CUP CUP
Private Clubs, Lodges, or Fraternal Organizations CUP CUP
RESIDENTIAL USES
Residential uses of any nature X X
RETAIL USES
Eating and Drinking Services, excluding drivein and
takeout services P P 18.40.160
Retail Services, excluding liquor stores P P 18.40.160
Liquor stores CUP CUP 18.40.160
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SERVICE USES
Ambulance Services CUP CUP
Animal Care, excluding boarding and kennels P P
Automobile Service Stations CUP CUP 18.30(G), 18.40.160
Convalescent Facilities CUP CUP
Day Care Centers P P 18.40.160
Financial Services CUP CUP
Mortuaries CUP CUP
Neighborhood Business Services P P
Personal Services P P 18.40.160
Reverse Vending Machines P P
TEMPORARY USES
Farmers' Markets CUP CUP
Temporary Parking Facilities, provided that such
facilities shall remain no more than five years. CUP CUP
P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use
(d) Charleston Shopping Center: Additional Use Restrictions
(1) Any office use first occupying space at the Center on or after January 16, 2001, shall obtain a
written determination from the director of planning and community environment that it qualifies as a
neighborhood serving use, as defined in this chapter, before occupying its premises. The applicant shall
submit such information as the director shall reasonably require in order to make the determination,
and the director shall issue the determination within 30 days of receiving a complete
application. Failure to submit the required information shall be grounds for determining that a business
is not neighborhoodserving.
(2) No more than 7,850 square feet of total floor area at the Center shall be occupied by office
uses at any time.
(3) Prior to approving a conditional use permit for neighborhoodserving offices larger than 2,500
square feet in total floor area, the city shall find that the proposed use will be neighborhoodserving,
that it will be conducted in a manner that will enhance and strengthen the Center as a neighborhood
resource, and that it will not diminish the retail strength of the center.
(e) Midtown Shopping Center: Additional Use Restrictions
(1) An existing ground floor office may be replaced with another office if
(a) the new tenant or owner will continue the existing business or practice; or
(b) a conditional use permit is issued for the new office use.
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(2) No conditional use permit shall be issued for any new office use on the ground floor unless, in
addition to the findings required for a conditional use permit as specified in Section 18.76.010, the city
finds that the proposed use will be neighborhood serving, that it will be conducted in a manner that will
enhance and strengthen the Midtown Shopping District as a neighborhood resource, and that it will not
diminish the retail strength of the District.
(3) For properties at 711, 719, and 721 Colorado Avenue, and 689 Bryson Avenue, buildings not
fronting on Middlefield Avenue, designed and used for office purposes, and not well suited to other uses
are exempt from the provisions of this subsection (b).
SECTION 9. Section 18.18.050 of Chapter 18.18 of Title 18 of the Palo Alto Municipal
Code is hereby amended to read as follows:
18.18.050 Land Uses
The uses of land allowed by this chapter in each commercial zoning district are
identified in the following table. 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.
Permitted and conditionally permitted land uses for the CD district are shown in Table 1:
Table 1
CD Permitted and Conditionally Permitted Uses
P Permitted Conditional Use Permit Required
CDCCDS CD
N
Subject to
regulations in
Chapter:
ACCESSORY USES
Accessory facilities and activities associated with or essential to
permitted uses, and operated incidental to the principal use P P P
Drivein or Takeout Services associated with permitted uses (2)CUP CUP CUP
Tire, battery, and automotive service facilities, when operated
incidental to a permitted retail service or shopping center having
a gross floor area of more than 30,000 square feet
CUP 18.40.160
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business and Trade Schools PP
Churches and Religious Institutions PPP
Private Educational Facilities PPCUP
Private Clubs, Lodges, or Fraternal Organizations PPCUP
MANUFACTURING AND PROCESSING USES
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Recycling Centers CUP CUP CUP
Warehousing and Distribution CUP
OFFICE USES
Administrative Office Services P18.18.060(f)
Medical, Professional, and General Business Offices PPP18.18.060(f)
PUBLIC/QUASIPUBLIC FACILITY USES
Utility Facilities essential to provision of utility services but
excluding construction or storage yards, maintenance facilities, or
corporation yards
CUP CUP
RECREATION USES
Commercial Recreation CUP CUP CUP 18.40.160
Outdoor Recreation Services CUP CUP CUP
RESIDENTIAL USES
MultipleFamily P(1)P (1)P (1)18.18.060(b)
Home Occupations PPP
Residential Care Homes PPP
RETAIL USES
Eating and Drinking Services, except drivein or takeout services P P P 18.18.060(g),
18.40.160
Retail Services, excluding liquor stores P P P 18.18.060(g),
18.40.160
Shopping Centers P 18.18.060(g),
18.40.160
Liquor Stores PPCUP18.40.160
SERVICE USES
Animal Care, excluding boarding and kennels PPP
Ambulance Services CUP CUP CUP 18.30(G)
Automobile Service Stations CUP CUP CUP 18.40.160
Automobile Services CUP 18.40.160
Convalescent Facilities PPCUP
Day Care Centers PPP18.40.160
Small Family Day Care Homes PPP
Large Family Day Care Homes PPP
Small Adult Day Care Homes PPP
Large Adult Day Care Homes
Financial Services, except driveup services PPCUP
General Business Services CUP PP
Hotels PPP18.18.060(d),
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18.40.160
Mortuaries PPCUP
Personal Services P P P 18.18.060(g),
18.40.160
Reverse Vending Machines PPP
TRANSPORTATION USES
Parking as a principal use CUP CUP
Passenger Transportation Terminals CUP
TEMPORARY USES
CUP CUP CUP
Temporary Parking Facilities, provided that such facilities shall
remain no more than five years CUP CUP CUP
PPermitted Use CUP Conditional Use Permit Required
(1) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section18.18.060(b), or
on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions
of Section 18.18.060(c).
(2) Driveup facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such
services shall be permitted within 1,000 feet and each use shall not be less than 150 ft from one another.
SECTION 10. Section 18.20.030 of Chapter 18.20 of Title 18 of the Palo Alto Municipal
Code is hereby amended to read as follows:
18.20.030 Land Uses
(a) Permitted and Conditionally Permitted Land Uses
Table 1 lists the land uses permitted or conditionally permitted in the industrial and
manufacturing districts.
Table 1
Industrial/Manufacturing District Land Uses
[P = Permitted Use CUP = Conditional Use Permit Required]
MOR ROLM
ROLM(E)
RP
RP(5)GM
Subject to
regulations in
Chapter:
ACCESSORY AND SUPPORT USES
Accessory facilities and activities customarily
associated with or essential to permitted uses, and
operated incidental to the principal use.
P P P P Chs. 18.40,
18.42
Automatic Teller Machines PP PP18.20.030(d)
Home Occupations, when accessory to permitted P P P P Chs. 18.40,
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residential uses. 18.42
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business and Trade Schools P
Religious Institutions PPP
Colleges and Universities PP P
Private Clubs, Lodges, or Fraternal Organizations CUP CUP CUP CUP
Private Schools (K12) CUP CUP CUP CUP
HEALTH CARE SERVICES
Ambulance Services CUP
Convalescent Facilities CUP CUP CUP CUP 18.23.100( B)
Medical Office PCUP CUP
Medical Research PP P 18.20.030(c)
Medical Support Retail P 18.20.030(b)
Medical Support Services P18.20.030(b)
MANUFACTURING AND PROCESSING USES
Manufacturing P P P 18.23.100( B)
Recycling Centers CUP CUP CUP
Research and Development CUP P PP18.23.100( B)
Warehousing and Distribution PPP
OFFICE USES
Administrative Office Services P P CUP
Financial Services CUP CUP
Professional and General Business Office PP
PUBLIC/QUASIPUBLIC USES
Service and Equipment Yards P
Utility Facilities CUP
Utility Facilities essential to provision of utility
services but excluding construction/storage yards,
maintenance facilities, or corporation yards
CUP CUP CUP
RECREATION USES
Commercial Recreation CUP CUP CUP 18.40.160
Neighborhood Recreational Centers CUP
RESIDENTIAL USES
SingleFamily Not permitted 18.20.040(b) TwoFamily Not permitted
MultipleFamily CUP CUP CUP
Residential Care Homes PCUP CUP CUP 18.23.100( B)
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RETAIL USES
Eating and Drinking Services, excluding drivein and
takeout services CUP CUP CUP 18.40.160
Retail Services CUP CUP CUP 18.40.160
SERVICE USES
Animal Care, excluding boarding and kennels P
Boarding and Kennels CUP
Day Care Centers P CUP CUP CUP
18.23.100( B),
18.40.160
Emergency Shelters for the Homeless P
(ROLM(E) 18.20.030(d)
Family Day Care Homes
Small Family Day Care PCUP CUP CUP 18.23.100( B)
Large Family Day Care PCUP CUP CUP 18.23.100( B)
General Business Services P
Lodging
Hotels providing not more than 10% of rooms with
kitchens CUP 18.40.160
Mortuaries and Funeral Homes P
Personal Services CUP CUP CUP 18.40.160
Vehicle Services
Automobile Service Stations, subject to site and
design review in accord with the provisions of
Chapter 18.30(G)
CUP CUP 18.40.160
Automotive Services CUP 18.40.160
Offsite new vehicle storage for auto dealerships
located in Palo Alto CUP CUP
TEMPORARY USES
Temporary Parking Facilities, provided that such
facilities shall remain no more than five years CUP CUP CUP CUP
TRANSPORTATION USES
Passenger Transportation Terminals CUP
(b) Limitations on Medical Support Service and Medical Support Retail Uses in the Medical Office and
Medical Research (MOR) Zone
(1) The intent of this limitation is to restrict medical support service and medical support retail uses
in the Medical Office and Medical Research (MOR) zone in order to preserve and facilitate space for
medical offices and medical research facilities.
(2) Floor area devoted to medical support services and medical support retail uses in the Medical
Office and Medical Research (MOR) zoning district shall not exceed twenty percent (20%) of the total
gross floor area within the district.
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(3) The director may require a report from the property owner or applicant whenever application is
made to the city to develop new space for medical support service or medical support retail uses or to
convert existing space to such uses. The report shall identify the gross floor area of buildings on each
site within the zoning district and the gross floor area of medical support service and medical support
retail uses for each site. The director may, from time to time, establish procedures and standards
implementing this Section 18.20.030(b).
(c) Automatic Teller Machines
(1) Automatic teller machines may be allowed as an accessory use in the MOR, ROLM, ROLM(E), RP,
RP(5), and GM districts when incidental to a primary use on the site and when accessible only from the
interior of a building.
(2) Automatic teller machines may be allowed as a permitted use in the MOR, ROLM, ROLM(E), RP,
RP(5), and GM districts when incidental to a primary use on the site and when accessible from the
exterior of a building. Staff level Architectural Review is required prior to issuance of a building permit.
(d) Emergency Shelters for the Homeless
Emergency shelters for the homeless may be allowed as a permitted use in the ROLM(E) district on
properties located east of Highway 101, subject to the following performance and design standards.
Performance and Design Standards for Emergency Shelters for the Homeless.
An emergency shelter for the homeless shall conform to all site development standards and
performance criteria of the ROLM(E) zone district except as modified by the following performance and
design standards:
(1) The construction of and/or renovation of a building for use as an emergency shelter shall
conform to all applicable building and fire code standards.
(2) There shall be provided one parking space for each three (3) beds in the emergency shelter.
(3) Shelters shall have designated smoking areas that are not visible from the street and which are
in compliance with all other laws and regulations.
(4) There shall be no space for outdoor congregating in front of the building adjacent to the street
and no outdoor public telephones.
(5) There shall be a refuse area screened from view.
(6) Maximum number of persons/beds. The emergency shelter for the homeless shall contain no
more than 40 beds.
(7) Size and location of exterior and interior onsite waiting and client intake areas. Shelters shall
provide 10 square feet of interior waiting and client intake space per bed. In addition, there shall be two
office areas provided for shelter staff. Waiting and intake areas may be used for other purposes as
needed during operations of the shelter.
(8) Onsite management. Onsite management and onsite security shall be provided during hours
when the emergency shelter is in operation.
(9) The emergency shelter provider shall submit an operations plan that addresses the standards for
operation contained in the Palo Alto Quality Assurance Standards for Emergency Shelters for the
Homeless.
(10) Distance to other facilities. The shelter must be more than 300 feet from any other shelters for
the homeless.
(11) Length of stay. Temporary shelter shall be available to residents for no more than 60
days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available.
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(12) Outdoor lighting shall be sufficient to provide illumination and clear visibility to all outdoor
areas, with minimal shadows or light leaving the property. The lighting shall be stationary, and directed
away from adjacent properties and public rightsofway.
SECTION 11. Section 5.020 of the South of Forest Area Coordinated Area Plan, Phase II
(SOFA II CAP) is hereby amended to read as follows:
5.020 RT Districts Land Uses
(a) Permitted and Conditionally Permitted Uses
Table 1 shows the uses permitted or conditionally permitted in the RT35 and RT50 districts.
Table 1: RT District Permitted and Conditionally Permitted Uses
Also see regulations in
Section:
ACCESSORY AND SUPPORT USES
Accessory uses to the primary use P
EDUCATIONAL, RELIGIOUS, AND
ASSEMBLY USES
Private educational facilities P 18.40.160
Private clubs, lodges, or fraternal
organizations P
Religious institutions P
OFFICE USES
Medical, professional, and general
business offices P
See restrictions on size and
location in subsections (b)
and (c)
PUBLIC/QUASI-PUBLIC USES
Utility facilities CUP
RECREATION USES
Commercial recreation CUP
RESIDENTIAL USES
Home occupations P
Lodging (including bed and breakfast
facilities)P
Multiple-family uses, including SRO
housing P
Residential care homes P
Two-family uses P
RETAIL USES
Retail services, excluding liquor stores P 18.40.160
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Also see regulations in
Section:
SERVICE USES
Automobile service stations, subject to
site and design review as specified in
Chapter 18.82 of the Palo Alto Municipal
Code
CUP(1)
18.40.160
Automotive services, including tire
services CUP(1)18.40.160
Convalescent facilities P
Day care centers P 18.40.160
Day care homes, small adult P
Day care homes, large adult P
Day care homes, small family P
Day care homes, large family P
Eating and drinking facilities, except
drive-in services P 18.40.160
Financial services P
General business services P
Personal services P 18.40.160
Reverse vending machines P
Warehousing and Distribution CUP
TEMPORARY USES
Temporary parking facilities for up to five
years CUP
Temporary uses, subject to regulations in
Chapter 18.90 of the Palo Alto Municipal
Code
CUP
TRANSPORTATION USES
Parking as a principal use CUP
Transportation terminals CUP(1)
(1) New uses of this nature are only permitted in that area bounded by High Street on the east, Alma
street on the west, Forest Avenue on the north, and Addison Avenue on the south.
(b) Office Uses
No new gross square footage of a medical, professional or general business or
administrative office use shall be allowed, once the gross square footage of such
office uses, or any combination of such uses, on a site has reached five thousand
gross square feet.
No conversion of gross square footage from any other use to a medical,
professional or general business or administrative office use shall be allowed once
the gross square footage of such office uses, or any combination of such uses, on
a site has reached five thousand gross square feet.
Subdivision of a parcel shall not increase the square footage of allowed office
uses.
In the case of a lot merger, the resulting parcel is subject to the fivethousand
grosssquarefoot limit set forth in subsections one and two.
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(c) Protection of Specific Uses
(1) For sites in the Homer/Emerson Corridor (as defined in Appendix C1) located in
the RT35 or RT50 districts, medical, professional, and general business offices
may not be located on the ground floor of a building unless such offices:
(A) have been continuously in existence in that space since March 19, 2001,
and, as of that date, were neither nonconforming nor in the process of
being amortized pursuant to PAMC Chapter 18.95;
(B) occupy a space that was not occupied by retail services, eating and drinking
services, personal services, or automotive services on March 19, 2001 or
thereafter;
(C) occupy a space that was vacant on March 19, 2001;
(D) are located in new or remodeled ground floor areas built on or after March
19, 2001 if the ground floor area devoted to retail services, eating and
drinking services, personal services, and automobile services does not
decrease; or
(E) are located in commercial space constructed under a building permit issued
in reliance on Section 8 of Ordinance 4730 (which defines commercial space
for which an ARB approval had been granted prior to March 19, 2001 as
(2) For all sites outside of the Homer/Emerson Corridor, in the RT35 or RT50
districts, housing on the ground floor may not be replaced by office uses.
(3) For all sites outside of the Homer/Emerson Corridor, in the RT35 or RT50
districts, housing on the ground floor may not be replaced by office uses.
SECTION 12. The Zoning Map adopted pursuant to Section 18.08.040 of Chapter 18.08
of Title 18 of the Palo Alto Municipal Code is hereby amended as follows:
The Ground Floor (GF) combining district shall be extended to additionally include: 125,
124, 116, and 102 University Ave., 525, 529, 542 and 550 High St., 539 and 535 Alma St., 115,
150, 156,158, and 164 Hamilton Ave. The revised boundaries of the (GF) combining district are
SECTION 13. This Ordinance supersedes Ordinance Nos. 5325 and 5330, and any
provision of the Palo Alto Municipal Code inconsistent with the provisions of this Ordinance.
Additionally, this Ordinance shall supersede any conflicting provisions of the SOFA II
Coordinated Area Plan.
SECTION 14. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 15. Effective Date. This ordinance shall be effective on the thirtyfirst date
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170124 ay/20170123 25 January 23, 2017
after the date of its adoption and shall not apply to any project where a discretionary permit or
entitlement application was submitted to the City
before March 2, 2015. Nothing in this ordinance shall be construed to affect a vested right
existing before its effective date.
SECTION 16. CEQA. The City Council finds that this Ordinance falls under the California
Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations
Section 15061(b)(3) and 15301 because it is designed to preserve the status quo.
INTRODUCED: February 13, 2017
PASSED: March 20, 2017
AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, KOU, SCHARFF, TANAKA, WOLBACH
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
City Manager
Director of Planning and Community
Environment
DocuSign Envelope ID: 3A428086-B81E-4CDE-8E5E-0CC6F8A859F7
934-944
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932
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744
832
801
920
912
900
838
846
835-855
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928930931933
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802800
810-816
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828-830
817-819
904
926
84
HAWTHORNE AVENUEHAWTHORNE AVENUE
Proposed Ground FloorCombining District
Additionsrev. 20161206
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