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HomeMy WebLinkAbout2016-01-11 Ordinance 5373DocuSign Envelope 10: OA589A80-D1 A4-47 A9-BE16-EA3D9831 E27 A Ordinance No. 5373 Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code {PAM C) Title 16 (Building Regulations), Chapters 16.20 (Signs), 16.24 (Fences), and 16.57 (In-Lieu Parking Fees for New Non-Residential Development in the Commercial Downtown (CD) Zoning District)), and Title 18 {Zoning), Chapters 18.01 {Adoption, Purposes and Enforcement), 18.04 (Definitions), 18.08 (Designation and Establishment of Districts), 18.10 (Low Density Residential RE, R-2 and RMD Districts), 18.12 (R-1, Single Family Residence District), 18.13 (Multiple Family Residential (RM-15, RM-30, RM-40) Districts), 18.14 (Below Market Rate Housing Program), 18.15 {Residential Density Bonus), 18.16 (Neighborhood, Community, and Service Commercial {CN,CC and CS) Districts), 18.18 (Downtown Commercial (CD) District), 18.20 (Office, Research and Manufacturing (MOR, ROLM, RP and GM) Districts)), 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts), 18.31 (CEQA Review-a new chapter), 18.34 (PTOD Combining District Regulations), 18.40 (General Standards and Exceptions), 18.52 (Parking and Loading Requirements), 18.70 (Nonconforming Uses and Noncomplying Facilities), 18.76 (Permits and Approvals), and 18.77 (Processing of Permits and Approvals) The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Sections 16.20.010 (Definitions), 16.20.070 {Inspection), 16.20.140 (Projecting signs), 16.20.180 {Classification of signs), 16.20.210 (Abatement of nonconforming signs), 16.20.240 (Unsafe and unlawful signs), and 16.20.270 (Enforcement -Citation authority), and Tables 1, 2, and 3 of Chapter 16.20 (Signs) of Title 16 (Building Regulations) of the Palo Alto Municipal Code {PAMC) are amended to read as follows: 16.20.010 Definitions (a) The following words and phrases whenever used in this chapter shall be construed as defined in this section: {17) "Wall sign" means any sign posted or painted or suspended from or otherwise fixed to the wall of any building or structure in an essentially flat position, or with the exposed face of the sign in a plane approximately parallel to the plane of such wall. Any sign suspended from or attached to, and placed approximately parallel to the front of a canopy, porch, or similar covering structure shall be deemed to be a wall sign. 16.20.070 Inspection The building official, Director of Planning and Community Environment (PCE Director) or ~designee may, at any time, make such inspection as may be necessary or appropriate to ascertain whether any sign will comply or is complying with this chapter and other applicable laws. If required by the building official, an inspection shall be called for the permittee upon the completion of the structural portions of every sign and before the structural connections to the building or structure are concealed or covered. 16.20.140 Projecting signs Every projecting sign shall comply with the requirements of this section. 151014 jb 0131490F 1 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A (a) Projecting signs in the GM zones and on El Camino Real frontage in the CS and CN zones. (1) Area . No such sign shall exceed five square feet in area. (2) Height. No part of any projecting sign shall exceed the height of the building's adjacent parapet upon or in front of which it is situated, or in the case of buildings having sloping roofs, above the roof ridge. Any such sign which projects over public property shall have a clearance of ten feet above the ground. (3) Location. No such sign shall project more than one foot over public property. (b) Projecting Signs in Other Zones. (1) Area. No such sign shall exceed three square feet in area. (2) Height. No part of any projecting sign shall exceed a height of twelve feet, nor shall any part of such sign extend above the top level of the wall upon or in front of which it is situated. Any such sign over any public or private sidewalk or walkway shall have a minimum clearance below the sign of seven feet. (:3) location. No s~ch sign shall be ~laced over or above any ~~blic sidewall< or other ~~blic ~lace ~nless the sign is sit~ated ~nder a marEl~ee, ~orch, ·.vall(way covering or similar covering str~ct~re. 16.20.180 Classification of signs Every sign erected or proposed to be erected shall be classified by the chief b~ilding official PCE Director in accordance with the provisions of this chapter. Any sign which does not clearly fall within one of the classifications provided herein shall be placed by the chief b~ilding official PCE Director in the classification which the sign, in view of its design, location and purpose, most nearly approximates. Such classification by the b~ilding official PCE Director shall be final. 16.20.210 Abatement of nonconforming signs Nonconforming signs shall either be made to conform with the provisions of this chapter or be abated within the applicable period of time hereinabove set forth. In the event they are not, the b~ilding official PCE Director shall order the sign abated by the owner of the property and any other person known to be responsible for the maintenance of the sign . It is thereafter unlawful for any such person to maintain or suffer to be maintained on any property owned or controlled by him any such sign. Unless some other mode of abatement is approved by the building official or PCE Director in writing, abatement of nonconforming signs shall be accomplished in the following manner: (a) Signs painted on buildings, walls or fences: by removal of the paint constituting the sign or by permanently painting over it in such a way that the sign shall not hereafter be or become visible; 151014 jb 0131490F 2 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE 16-EA309B31 E27 A (b) Other Signs. By removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued, by modification, alteration or replacement thereof in conformity with the provisions of this chapter. 16.20.240 Unsafe and unlawful signs (a) Public Property. Any sign posted on public property contrary to the provisions of Section 16.20.100 may be removed by the division of inspectional services or the police department. (b) Unsafe or Abandoned Signs. Any sign deemed by the police departmentcef the chief building official or PCE Director to be (1) unsafe, due to interfering with the public's health, safety, welfare or convenience, or (2) abandoned, including but not limited to election signs posted more than six days after the election to which they relate, may be removed by the division of inspectional services or the police department. (c) Whenever a sign, other than those on public property or those deemed to be unsafe or abandoned, is found to be erected or maintained in violation of any provision of this chapter or of any other ordinance or law, the building official or PCE Director may order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within ten days of the date of such order. Failure, neglect or refusal to comply with such order of the building official or PCE Director shall be sufficient basis for the revocation of any permit or approval granted under this chapter and shall constitute a separate offense. In addition to any other remedies provided by law, the building official may remove, or cause to be removed any such sign erected or maintained in violation of the provisions of this chapter. 16.20.270 Enforcement -Citation authority Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: PCE Director (or designee), chief building official, assistant building official and code enforcement officer. Chapter 16.20 -Table 1 Allowable Sign Area for Freestanding Signs up to Five Feet High NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN REVIEW PROCESS PURSUANT TO CHAPTER 1&.4&18. 77 (Processing of Permits and Approvals) Freestanding ligna to S'hlgh Olllnc'u otl'lt~ tAt~ 'ntd4~t111 ~ :! ilillll t' ,, ..... ) - !. -1 l o ' 1 ! I I ; 11 : ltll .. fttlll 41U rttll ' 'II ti l • 111!1 I! II 151014 jb 0131490F 3 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-4 7 A9-BE16-EA309B31 E27 A Chapter 16.20 -Table 2 Allowable Sign Area for Freestanding Signs Over Five Feet High NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN REVIEW PROCESS PURSUANT TO CHAPTER ±9,.4818.77 (Processing of Permits and Approvals) I tO "'"·- ] ooH-+++++-++-+++++++-H-¥1-i I ~ .. :•H. ~~~~rH~+++rH HH~+T+r~~++T+rH !M~q~~~~+t~~q~~·+t:tt~ I;.. 11.. v. I I ~ " : I I 9;!r-I i ' I I'·--0 · • I I ' 10 ' I --! I I I! II '_I Fr"ont•9• of let In I i,.tr fte&: ----·--- Chapter 16.20 -Table 2 Allowable Sign Height for Freestanding Signs Over Five Feet High NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN REVIEW PROCESS PURSUANT TO CHAPTER ±9,.4818.77 (Processing of Permits and Approvals) I .. Freestanding signs over 5' high Zl 0 l ';I 0 ll' 0 I -I Bill _j SECTION 2. Section 16.24.010 of Chapter 16.24 (Fences) of Title 16 {Building Regulations) of the PAMC is amended to read as follows: 16.24.010 Definitions Throughout this chapter, the following definitions shall apply: {a) Height Measurement. Except as otherwise provided in this chapter, height of fences or walls between the setback line and lot line shall be measured from natural grade, as determined by the chief building official or Director of Planning and Community Environment (PCE Director) or designee. 151014 jb 0131490F 4 December 15, 2015 DocuSign Envelope 10 : OA589A80-D 1A4-4 7 A9-BE 16-EA309B31 E27 A 16.24.080 Violations -Penalty-Enforcement (a) No person shall erect, construct or maintain any fence, wall or structure in the nature of a fence which does not meet the requirements of this section. (b) Violation of any provision of this chapter is an infraction, punishable as provided in this code . Each day of violation constitutes a separate offense and may be separately punished. (c) Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: chief building official, assistant building official, PCE Director or designee, and code enforcement officer. SECTION 3. Section 16.57.010 (Applicability) of Chapter 16.57 {In-Lieu Parking Fee for New Nonresidential Development in the Commercial Downtown (CD) Zoning District) of Title 16 (Building Regulations) of the PAMC is amended to read as follows: 16.57.010 Applicability The in-lieu parking fee regulations set forth in this chapter shall apply only to nonresidential development within the University Avenue parking assessment district which meets the eligibility criteria set forth in subsection (d) of Section 18.49.100 18.18.090 of this code. In accordance with subsection (a) of Section 18.49.100 18.18.090 of this code, payment of the fee established by this chapter shall be a condition of the approval of or permit for any new development, any addition or enlargement of existing development, or any use of any floor area that has never been assessed under any Bond Plan G financing pursuant to Title 13 of this code. SECTION 4. Title 18 (Zoning) Table of Contents of the PAMC is amended to add Chapter 18.36 (HD Hospital Districts). SECTION 5. Section 18.01.025 (Zoning Code Interpretation) is added to Chapter 18.01 (Adoption, Purposes, and Enforcement) of Title 18 (Zoning) of the PAMC to read as follows: 18.01.025 (Zoning Code Interpretation) Whenever in the opinion of the Planning and Community Environment Director (PCE Director) there is any question regarding the interpretation of the Comprehensive Plan or the planning and land use provisions of Titles 16, 18 or 21 to any specific case or situation, the PCE Director shall have the authority to interpret such planning codes. When in the opinion of the. PCE Director a formal written decision is warranted, the Director shall make the written decision available to the public by posting on the City's website. The interpretation shall become effective fourteen consecutive calendar days from the date of posting unless appealed under this section. The interpretation shall become the standard interpretation for future application of that provision of this Chapter unless changed by the Council on appeal. In accordance with the provisions of Section 18.77.070(f}, any person may appeal the PCE Director's written interpretation prior to its effective date. All final written interpretations made under this section shall be made publicly available on the City's website. Staff shall 151014 jb 0131490F 5 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE16-EA309B31 E27 A prepare a quarterly Information Report to the Council summarizing all final interpretations made under this section . SECTION 6. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) is amended to read as follows: 18.04.030 Definitions (a) Throughout this title the following words and phrases shall have the meanings ascribed in this section. (53) "Facility" means a structure, building or other physical contrivance or object. (B) "Noncomplying facility" means a facility which is in violation of ill any of the site development regulations or other regulations established by this title, but was lawfully existing on July 20, 1978, or llil any amendments to this title, but was lawfully existing prior to Gf-the application of any district or regulation to the property involved by reason of which adoption or application the facility became noncomplying. Sometimes this Code interchangeably refers to "noncomplying facilities" as "legal noncomplying", "grandfathered" or "grandparented" facilities. (For the definition for "nonconforming use" see subsection (143)(B)). {65) "Gross floor area" is defined as follows: (A) Non-residential & Multifamily Inclusions: For all zoning districts other than the R-E, R- 1, R-2 and RMD residence districts, "gross floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including all of the following: (i) Halls; (ii) Stairways measured at each floor; (iii) Elevator shafts measured at each floor; (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: (iv) Except in the CD District and in areas designated as special study areas, minor additions of floor area approved by the director of planning and community environment for purposes of resource conservation or code compliance, upon the determination that such minor additions will increase compliance with environmental health, safety or other federal, state or local standards. Such additions may include, but not be limited to, the following: 151014 jb 0131490F 6 December 15, 2015 DocuSign Envelope I D: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A a. Areas 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); b. Areas designed and required for hazardous materials storage facilities, disability related han8ica~~e8 or seismic upgrades. For the purposes of this section disability related upgrades are limited to the incremental square footage necessary to accommodate disability accessminim1::1m extent necessarv 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 not qualify for grandfathered floor area in the event the building is later replaced or otherwise redeveloped. (v) In commercial and industrial districts except in the CD District and in areas designated as special study areas, additions of floor area designed and used solely for on-site employee amenities for employees of the facility, approved by the director of planning and community environment, upon the determination that such additions will facilitate the reduction of employee vehicle use. Such additions may include, but are not limited to, recreational facilities, credit unions, cafeterias, day care centers, automated teller machines, convenience stores, and on-site laundry facilities. 8ry cleaners. (C) Low Density Residential Inclusions and Conditions: In theRE and R-1 single-family residence districts and in the R-2 and RMD two-family residence districts, "gross floor area" means the total covered area ~of all floors of a main structure and accessory structures greater than one hundred and twenty square feet in area, including covered parking and stairways, measured to the outside of stud walls, including the following: (i) Floor area where the distance between the top of the finished floor and the roof directly above it measures seventeen feet or more shall be counted twice; (ii) Floor area where the distance between the top of the lowest finished floor and the roof directly above it measures twenty-six feet or more shall be counted three times; (iii) Carports and garages shall be included in gross floor area; (iv) The entire floor area (foot~rint) of a vaulted entry feature that extends above 12 feet measured from grade, whether enclosed or unenclosed, shall be counted twice in the calculation of gross floor area; (v) The footprint of a fireplace shall be included in the gross floor area, but is only counted one time; (vi) All roofed porches, arcades, balconies, porticos, breezeways or similar features when located above the ground floor and more than 50% covered by a roof or more than 50% enclosed shall be included in the calculation. (vii) Recessed porches on the ground floor extending in height above the first floor shall be included once in the calculation. (D) Low Density Residential Exclusions: In theRE 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: 151014 jb 0131490F 7 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-4 7 A9-BE16-EA3D9B31 E27 A (v) Open or partially enclosed (less than 50% enclosed) porches, whether recessed or protruding, located on the first floor, and for R-1 zones porches reaching a height of less than 12 feet measured from grade as set forth in Section 18.12.040(b), shall be excluded from gross floor area, whether covered or uncovered. Recessed porches located on the first floor with a depth of less than 10 feet shall be excluded from the calculation if the exterior side(s) of the porch is open. (142) "Usable open space" means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, patio or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas. Usable open space may be covered if at least 50% open on the sides. Usable open space shall be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the intended users (e.g., residents, employees, or public). SECTION 7. Section 18.08.080 (Interpretation of Land Use Classifications) is added to Chapter 18.08 (Designation and Establishment of Districts) of Title 18 (Zoning) to read as follows: 18.08.080 Interpretation of Land Use Classifications The PCE Director shall have the authority to interpret whether a land use is similar to other permitted or conditionally permitted land uses listed in any Zoning District. Such interpretations may be appealed in accordance with Section 18. 77 .070(f). Staff shall prepare a quarterly Information Report to the Council summarizing all final interpretations made under this section. SECTION 8. Sections 18.10.040 (Development Standards) and 18.10.060 (Parking) of Chapter 18.10 (Low Density Residential RE, R-2 and RMD Districts) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.10.040 Development Standards (h) Location of Noise-Producing Equipment All noise-producing equipment, such as air conditioners, pool equipment, generators, commercial kitchen fans, and similar service equipment, shall be located outside of the front, rear and side yard setbacks. Such equipment may, however, be located up to 6 feet into the street side yard setback. All such equipment shall be insulated and housed, except that the Planning Director may permit installation without housing and insulation, provided the equipment is located within the building envelope and where a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure 151014 jb 0131490F 8 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE 16-EA309B31 E27 A compliance with the City's Noise Ordinance at the nearest property line. Any replacement of such equipment shall conform to this section where feasible; replacement of equipment for which permits were obtained prior to these restrictions is allowable in the same location provided the replacement equipment complies with the City's noise ordinance. All service equipment must meet the City Noise Ordinance in Chapter 9.10 of this code. 18.10.060 Parking (f) Design of Parking Areas Parking facilities shall comply with all applicable regulations of Chapter~ 18.54 (Parking Facility Design Standards). SECTION 9. Sections 18.12.040 (Site Development Standards) (Tables 2 and 3), 18.12.050 (Permitted Encroachments, Projections and Exceptions), 18.12.060 (Parking), 18.12.070 (Second Dwelling Units), 18.12.090 (Basements), 18.12.100 (Regulations for the Single Story Overlay (S) Combining District), 18.12.110 (Single Family Individual Review), 18.12.120 (Home Improvement Exception) of Chapter 18.12 (R-1 Single-Family Residential District) of Title 18 (Zoning) of the PAMC is amended to read as follows: 18.12.040 Site Development Standards TABLE2 R-1 RESIDENTIAL DEVELOPMENT STANDARDS R-1 Subdistricts R-1 Subject to R-1 R-1 R-1 R-1 Regulations in (7,000) (8,000) (10,000) (20,000) Chapter: * * * * *Subdistricts based on minimum lot size (sq. ft.) Minimum Site Specifications Site area (sq. ft.) 6,000 7,000 8,000 10,000 20,000 All lots except flag lots (I) As established by Section 21 .20.3 01 (Subdivision Ordinance) Flag lots Site Width (ft) 60 Site Depth (ft) 100 Maximum Lot Size Lot area (sq. ft.) 9,999 13,999 15,999 19,999 39,999 18.12.040( d) Minimum Setbacks Setback lines imposed by a special setback map pursuant to Chapter 20. 08 of this code may also apply 18.12.040(e) 18.1 2.050 Front Yard (ft.) Contextual (2) 151014 jb 0131490F 9 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1A4-4 7 A9-BE 16-EA3D9B31 E27 A Rear Yard (ft.) 20 Interim· Side Yard (ft.) Street Side Yard (ft.) 6 I 8 16 Max imum Height (as measured to the peak of 3oC3) 18.04.030(a)(67) the roof) (ft.) Standard 33 (3) 18.12.050 Maximum Height for buildings with a roof pitch of 12:12 or greater 17 feet; limited to one habitable floor C 4, 5) 18.12.100 With (S) Combining Side Yard Daylight Plane (Excludes street side yards) 18.04.030( 44) Initial Height 18.12.050 Angle (Degrees) I 0 feet at interior side lot line (6) 45 (6) Rear Yard Daylight Plane Initial Height 18.12.050 Angle 16 feet at rear setback line C6l (Degrees) 60 (6) Maximum Site Coverage: Single story development 18.04.030(a)(86A) With (S) Combining Equivalent to maximum allowable floor area ratio (7) Multiple stmy Equivalent to maximum allowable floor area ratio C7l development Additional area permitted to 35% (7) be covered by a patio or overhang 5% Maximum Floor Area Ratio (FAR) Table 3 First 5,000 sq. ft. of lot size .45 18.04.030(a)(65C) Square footage of lot size 18.12.040(b) in excess of 5,000 sq. ft. .30 Maximum House Size (sq. ft.) 6,000 (S) Residential Density One unit, except as provided in Section 18.12.09+0 Parking See Residential Parking, Section 18.12.060 Chs. 18.52, 18.54 TABLE3 SUMMARY OF GROSS FLOOR AREA FOR LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICTS Desaiption lnduded in GFA Exduded from GFA Accessory structures greater than 120 sq. ft. --J Second floor equivalent: areas with heights> 17' --J (counted twice) Third floor equivalent: areas with heights > 26' --J (counted three times) 151014jb0131490F 10 December 15, 2015 DocuSign Envelope I 0: OA589A80-D 1A4-4 7 A9-BE 16-EA309B31 E27 A Third floo r equivalent, where roof pitch is> 4:12 --J up to 200 sq. ft. ofunusable space Garages and carports --J Porte cocheres --J Entry features_ 12' in height, if not substantially enclosed and not recessed --J (counted once) Vaulted entry > 12' in height --J (footprint counted Fireplace footprint --J (counted once) First floor roofed or unenclosed porches --J First floor recessed porches <I 0' in depth and open on exterior side --J Second floor roofed or enclosed porches, arcades, balconies, porticos, breeze---J ways Basements (complying with patio & lightwell requirements described in Section --J 18.12.G+G090) Areas on floors above the first floor where the height from the floor level to the --J 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 --J more than 50% is covered by windows) Basement area for Category I & 2 Historic Homes or contributing structure within --J a historic district (even if greater than 3') Unusable attic space for category I & 2 Historic Homes ,J (up to 500 sq. ft.) (c) Substandard and Flag Lots The following site development regulations shall apply to all new construction on substandard and flag lots in lieu of comparable provisions in subsection (a). (2) Flag Lots (B) Flag Lot Development Standards: (i) The maximum height shall be 17 feet, as measured to the peak of the roof. (ii) There shall be a limit of one habitable floor. Habitable floors include lofts, mezzanines, and similar areas with interior heights of five feet (5 ') or more from the roof to the floor, but exclude basements and exclude attics that have no stairway or built-in access. The chief building official shall make the final determination as to whether a floor is habitable. (iii) Front Setback: 10 feet. Flag lots are not subject to contextual front setback requirements. (iv) r;lag lots are not s~eject to contel<t~al front setback reEt~irements . (e) Contextual Front Setbacks The minimum front yard ("setback") shall be the greater of twenty feet (20') or the average setback, if the average front setback is 30 feet or more. "Average setback" means the 151014 jb0131490F 11 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA309B31 E27 A average distance between the front property line and the first main structural element, including covered porches, on sites on the same side of the block, including existing structures on the subject parcel. This calculation shall exclude flag lots and existing multifamily developments of three units or more. For calculation purposes, if five (5} or more properties on the block are counted, the single greatest and the single least setbacks shall be excluded. The street sideyard setback of corner lots that have the front side of their parcel (the narrowest street-facing lot line) facing another street shall be excluded from the calculations. For blocks longer than 600 feet, the average setback shall be based on~ no more than ten sites located on the same side of the street and nearest to the subject property, plus the subject site,~ and for a distance no greater than 600 feet. Blocks with three (3) or fewer eligible parcels are not subject to contextual setbacks. Structures on the site in no case may be located closer than twenty feet (20') from the front property line. (I) Location of Noise-Producing Equipment All noise-producing equipment, such as air conditioners, pool equipment, generators, commercial kitchen fans, and similar service equipment, shall be located outside of the front, rear and side yard setbacks. Such equipment may, however, be located up to six feet into a street sideyard setback. All such equipment shall be insulated and housed, except that the planning director may permit installation without housing and insulation, provided the equipment is located within the building envelope and where a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the city's Noise Ordinance at the nearest property line. Any replacement of such equipment shall conform to this section where feasible, except the Director may allow replacement of existing equipment in a non-complying location, if such equipment had prior building permit(s), with equipment that meets the City's Noise Ordinance. All service equipment must meet the city's Noise Ordinance in Chapter 9.10 of the Municipal Code. 18.12.050 Permitted Encroachments, Projections and Exceptions (D) Special Setbacks. In cases where a special setback is prescribed pursuant to Chapter 20.08 of the Municipal Code, and the existing setback is less than the special setback distance, and at least 14 feet for the front setback or at least 10 feet for the street side yard setback, the exi?_ting encroachment may be extended for a distance of not more than 100% of the length of the encroaching wall to be extended, provided that the total length of the existing encroaching wall and the additional wall shall together not exceed one-half the maximum existing width of such building. (3) Allowed Projections (A) Cornices, Eaves, Fireplaces, and Similar Architectural Features For cornices, eaves, fireplaces, and similar architectural features, excluding flat or continuous walls or enclosures of usable interior space, the following projections are permitted: 151014 jb 0131490F 12 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-4 7 A9-BE16-EA30 9B31 E27 A (i) A maximum of two feet into a required side yard. Fireplaces in a required side yard may not exceed five feet in width. Fireplaces not exceeding five feet in width may project into a required side yard no more than two feet. (ii) A maximum of four feet into a required front yard. (iii) A maximum of four feet into a required rear yard. (B) Window Surfaces (i) Window surfaces, such as bay windows or greenhouse windows, may extend into a required rear yard a distance not to exceed two feet, into a required street side setback a distance not to exceed three feet, or into a required front yard a distance not to exceed three feet. (ii) Window surfaces may not extend into required interior side yards, with the exception that one greenhouse window with a maximum width of six feet, framed into a wall, may project into the interior side yard no more than two feet. The window surface may not extend into any yard above a first story. 18.12.060 Parking Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapters 18.52 and 18.54 of this title. The following parking requirements apply in the R E:, R 2 and RMD R-1 districts. These requirements are included for reference purposes only, and in the event of a conflict between this Section 18.Wl2.060 and any requirement of Chapters 18.52 and 18.54, Chapters 18.52 and 18.54 shall apply, except in the case of parcels created pursuant to Section 18.10.130 18.12.140 (c) (subdivision incentive for historic preservation). 18.12.070 Second Dwelling Units (c) Development Standards for Attached Second Dwelling Units Attached second dwelling units are those attached to the main dwelling. Attached unit size counts toward the calculation of maximum house size. All attached second dwelling units shall be subject to the following development requirements: (1) The minimum site area shall meet the requirements specified in subsection (b) above. (2) Maximum size of living area: 450 square feet. The second dwelling unit and covered parking shall be included in the total floor area for the site, but the covered parking area is not included in the maximum 450 square feet for attached unit. Any basement space used as a second dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the maximum size of the second unit. (3) Maximum size of covered parking area for the second dwelling unit: 200 square feet. 151014 jb 0131490F 13 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA309B31 E27 A (d) Development Standards for Detached Second Dwelling Units Detached second dwelling units are those detached from the main dwelling. All detached second dwelling units shall be subject to the following development requirements: (1} The minimum site area shall meet the requirements specified in subsection (b) above . (2) Minimum separation from the main dwelling: 12 feet. (3) Maximum size of living area: 900 square feet. The second dwelling unit and covered parking shall be included in the total floor area for the site, but the covered parking area is not included within the maximum 900 square feet for detached unit. Any basement space used as a second dwelling unit or portion thereof shall be counted as floor area for t he purpose of calculating the maximum size of the second unit. (4} Maximum size of covered parking for the second dwelling unit: 200 square feet. 18.12.100 Regulations for the Single Story Overlay (S) Combining District (c) Application for a Single Story (S) Combining District (1} Application to create or remove a single-story overlay district may be made by an owner of record of property located in the single-story overlay district to be created or removed. (2} Application shall be made to the director on a form prescribed by the director, and shall contain all of the following: (A) A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof. (B) A map of the district to be created or removed that includes the address location of those owners whose properties are subject to the zoning request. Boundaries shall correspond with certain natural or man-made features (including, but not limited to, roadways, waterways, tract boundaries and similar features) to define an identifiable neighborhood or development. For creation of a single-story overlay district, the area shall be of a prevailing single story character, such that a minimum of 80% of existing homes within the boundaries are single story. (C) For creating a single-story overlay district, a list of signatures evidencing support by: (i) 70% of included properties; or (ii) 60% of included properties where all included properties are subject to recorded deed restrictions intended to limit building height to a single story, whether or not such restrictions have been enforced. For the removal of a single-story overlay district, a list of signatures evidencing support by 70% of included properties, whether or not deed restrictions intended to limit the building height to 151014 jb 0131490F 14 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9831 E27 A single story apply. "Included properties" means all those properties inside the boundaries of the district proposed to be created or removed. The written statement or statements accompanying the signatures must state that the signer is indicating support for a zone map amendment that affects his or her property. One signature is permitted for each included property, and a signature evidencing support of an included property must be by an owner of record of that property. (D) /\fee, as J:lrescribe€1 by the m~niciJ')al fee scheEI~Ie, no J')art of which shall be ret~rnable to the aJ')J')Iicant. 18.12.120 Home Improvement Exception (a) Purpose A home improvement exception ("HIE") enables a home improvement or minor addition to an existing single-family or two-family home, or accessory structure, or both, to be consistent with the existing architectural style of the house or neighborhood, to accommodate a significant or protected tree, or to protect the integrity of a historic structure in conformance with the Secretary of the Interior's Standards for Historic Rehabilitation. By enabling adaptive reuse of existing buildings, the home improvement exception promotes retention of existing houses within the city. (b) Applicability A home improvement exception may be granted as part of a proposed improvement or addition to an existing single-family or two-family structure, or accessory structure, or both, in theRE, R-1, RMD, or R-2 district, as limited in subsection (c). A home improvement exception may be granted as described in subsections (1) through (14) of subsection (c), but may not exceed the limits set forth in those subsections. In order to qualify for a home improvement exception, the project must retain at least 75% of the existing exterior walls, including exterior finishes such as siding or cladding. SECTION 10. Sections 18.13.010 (Purposes), and 18.13.050 (Village Residential Development) of Chapter 18.13 (Multiple Family Residential RM-15, RM-30, and RM-40 Districts) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.13.010 Purposes This section specifies regulations for three multiple family residential districts. (a) RM-15 Low Density Multiple-Family Residence District [RM-15] The RM-15 low-density multiple-family residence district is intended to create, preserve and enhance areas for a mixture of single-family and multiple-family housing which is compatible with lower density and residential districts nearby, including single-family residence districts. The RM-15 residence district also serves as a transition to moderate density multiple- 151014 jb 0131490F 15 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE1 6-EA3D9B31 E27 A family districts or districts with nonresidential uses. Permitted densities in the RM-15 residence district range from eight to fifteen dwelling units per acre, with no required minimum density. (b) RM-30 Medium Density Multiple-Family Residence District [RM-30] The RM-30 medium density multiple-family residence district is intended to create, preserve and enhance neighborhoods for multiple-family housing with site development standards and visual characteristics intended to mitigate impacts on nearby lower density residential districts. Projects at this density are intended for larger parcels that will enable developments to provide their own parking spaces and to meet their open space needs in the form of garden apartments or cluster developments. Permitted densities in the RM-30 residence district range from sixteen to thirty dwelling units per acre, with no required minimum density. (c) RM-40 High Density Multiple-Family Residence District [RM-40] The RM-40 high density multiple-family residence district is intended to create, preserve and enhance locations for apartment living at the highest density deemed appropriate for Palo Alto. The most suitable locations for this district are in the downtown area, in select sites in the California Avenue area and along major transportation corridors which are close to mass transportation facilities and major employment and service centers. Permitted densities in the RM-40 residence district range from thirty-one to forty dwelling units per acre, with no required minimum density. 18.13.050 Village Residential Development TABLE3 VILLAGE RESIDENTIAL DEVELOPMENT TABLE Village Residential Subject to Re!lulations in: Minimum Site Specifications Site Area (ft2) 6,000 Site Width (ft) 50 Site Depth (ft) 100 RM-15 development standards Minimum Setbacks apply to perimeter of site Minimum Lot Specifications (I) Lot Area (ft2), Attached Units 1,500 Lot Area (ft2), Detached Units 2,500 Maximum Lot Area (ft2) 4,000 Front lot setback (ft) 5 Rear lot setback (ft) 3 Side lot setback (ft) 0 Distance between detached units (ft) 3 Maximum House Size (ft ") 2,500~L.) Maximum Height (ft) 30 151014 jb 0131490F 16 December 15, 2015 DocuSign Envelope I D: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A RM-15 development standards Daylight Planes apply to perimeter of site Maximum Site Cove rage RM-15 development standards apply to entire site Maximum Floo r Area Ratio (F AR)(JJ 0.5:1 applied to entire site Maximum Residential Density (units ) 12 Maximum number of units per acre Minimum Site Open Space <4J 35% of entire site 18.13 .040(e) Minimum Usable Open Space (per unit}'jJ 300 sq. ft. Minimum common open space (per unit) No requirement 18.13 .040(e) Minimum private open space (per unit) 100 sq. ft. !Performance Criteria Ch. 18.23 !Landscape Requirements 18.+440 .130 Parking<SJ See provisions of Chapter 18 .52 Ch. 18.52 SECTION 11. Section 18.14.030 (Below Market Rate Housing Bonus Requirements) of Chapter 18.14 (Below Market Rate Housing Program) of Title 18 (Zoning) of the PAMC is amended to read as follows: (a) Developers of projects with five or more units must comply with the requirements set forth in Program~ H3.1.2 of the City of Palo Alto Comprehensive Plan. The BMR Program objective is to obtain actual housing units or buildable parcels within each development rather than off-site units or in-lieu payments. SECTION 12. Section 18.15.020 (Definitions) of Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.15.020 Definitions Whenever the following terms are used in this chapter, they shall have the meaning established by this section: (s) "Replace" means either of the following: (1) If any dwelling units described in 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 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 as those households in occupancy. For unoccupied dwelling units described in 18.15.030(h) in a development with occupied units, the proposed housing development shall 151014 jb 0131490F 17 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1A4-4 7 A9-BE 16-EA309B31 E27 A 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, these units shall be subject to a recorded affordability restriction for at least 55 years. (2) If all dwelling units described in 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 type, or both, as existed at the highpoint of those units in the five-year period preceding the application 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 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. (5t) "Restricted affordable unit" means a dwelling unit within a development which will be available at an affordable rent or affordable sales price for sale or rent to very low, lower or moderate income households. (tu) "Senior citizen housing development" means a Development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3. SECTION 13. Sections 18.15.030 (Density Bonuses), 18.15.040 (Development Standards for Affordable Units), and 18.15.100 (Regulatory Agreement) of Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: 18.15.030 Density Bonuses (h) An applicant (or project) shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price 151014 jb 0131490F 18 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE16-EA309B31 E27 A control through the City's val id exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies: (i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in Section 18.15.030. (ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household. (~i) Certain other types of development activities are specifically eligible for a density bonus pursuant to state law: (i) A development may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (ii) A condominium conversion may be eligible for a density bonus or concession pursuant to the requirements set forth in Government Code Section 65915.5. (+i) As provided in Section 18.15.080(c), development proposed with rezoning to the Planned Community zone district are entitled to densities approved as part of the rezoning and shall not be entitled to a density bonus in addition to the units entitled by the rezone. (t!s) Notwithstanding any provision of this chapter, all developments must satisfy all applicable requirements of the city's Below Market Rate Housing Program, which may impose requirements for restricted affordable units in addition to those required to receive a density bonus or concessions . 18.15.040 Development Standards for Affordable Units (b) Moderate income restricted affordable units shall remain restricted and affordable to the designated income group for a minimum period of 5,2~ years (or a longer period of time if requ ired by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Very low and lower restricted affordable units shall remain restricted and affordable to the designated income group for a period of~ 55 years for both rental and for-sale units (or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). 18.15.050 Development Concessions and Incentives This section includes provisions for providing concessions or incentives pursuant to Government Code Section 65915. 151014 jb 0131490F 19 December 15, 2015 DocuSign Envelope I D: OA589A80-D 1A4-4 7 A9-BE 16-EA3D9B31 E27 A (a) By right parking incentives. Upon request by the applicant, a development that is eligible for a density bonus may provide parking as provided in this subsection (a), consistent with Government Code Section 65915(p), inclusive of handicapped and guest parking: (i) Zero to one bedroom unit: one on-site parking space; (ii) Two to three bedroom unit: two on-site parking spaces; (iii) Four or more bedroom unit: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, this parking may be provided through tandem parking or uncovered parking, but not through on-street parking. (b) Additional parking incentives for transit oriented projects. (i) Notwithstanding paragraph (a) above, if a development includes the maximum percentage of low-or very low income units provided for in section 18.15.030(b) and is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, then, upon request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bed room. For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. {ii) Notwithstanding paragraph (a) above, if a development consists solely of rental units, exclusive of a manager's unit, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios: (A) If the development is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit. (B) If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) If the development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. 151014jb0131490F 20 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-47A9-BE16-EA3D9B31 E27A (iii) Notwithstanding paragraphs (i) and (ii), the city may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (a) if the city has conducted an area wide or citywide parking study in compliance with Government Code Section 65915(p)(7). (b£) Other incentives and concessions. A development is eligible for other concessions or incentives as follows: 18.15.100 Regulatory Agreement (d) The regulatory agreement shall be consistent with the guidelines of the city's Below Market Rate Program and shall include at a minimum the following: (iv) Term of use restrictions for restricted affordable units of at least 5~g years for moderate income units and at least ~55 years for low and very low units; SECTION 14. Sections 18.16.050 (Office Use Restrictions) and 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: 18.16.050 Office Use Restrictions The following restrictions shall apply to office uses: .@1_ ~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 officess~ch offices either: (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; (3) In the case of CS zoned properties with site frontage on El Camino Real, were not occupied by housing on March 19, 2001; (4) Occupy a space that was vacant on March 19, 2001; (5) Are located in new or remodeled ground floor area built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; 151014jb0131490F 21 December 15, 2015 DocuSign Envelope I 0: OA589A80-D 1 A4-4 7 A9-BE 16-EA309B31 E27 A {6} Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically allows for such ground floor medical, professional, and general business offices; or (7} Are located anywhere in Building E or in the rear 50% of Building CorD of the property at the southeast corner of the intersection of Park Boulevard and California Avenue, as shown on sheet A2 of the plans titled "101 California Avenue Townhouse/Commercial/Office, Palo Alto, CA" by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department of Planning and Community Environment. 18.16.060 Development Standards (b) Mixed Uses (9} Residential densities up to 20 units/acre only on CN zoned -14b,ousing i~nventory ~~ites identified in the Housing Element.2007 2014.1.Q,Jj_l=lol::lsing ~lement (1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.30(GL except that mixed use projects with futl.f nine or fewer units shall only require review and approval by the architectural review board. SECTION 15. Sections 18.18.060 (Development StandardsL 18.18.070 (Floor Area Bonuses, 18.18.080 (Transfer of Development RightsL and 18.18.120 (Grandfathered Uses and Facilities) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.18.060 Development Standards (a) Exclusively Non-Residential Use Table 2 Exclusively Non-Residential Development Standards Subject to CD-C CD-S CD-N regulations in Section: Minimum Setbacks Front Yard (ft) None required JO' (IJ Setback lines Rear Yard (ft) None required imposed by a Interior Side Yard (ft) None required special Street Side Yard (ft) setback map None required 20' (IJ pursuant to Minimum street setback for sites sharing Chapter 20.08 a common block face with any abutti ng _(4) _(4) _(4) of this code may apply 151014 jb 0131490F 22 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA3D9B31 E27 A residential zone district 10 '(I) 10'(I) 10'liJ Minimum yard (ft) for lot lines abutting Maximum Site Coverage None Required 50% Maximum Height (ft) Standard so so 25 Within 150ft. of an abutting residential zone -(3) (3) (3) district 18.18.060(e) Maximum Floor Area Ratio (FAR) 1.0: 1 (5) 0.4:1 (5) 0.4:1 (5) 18.18.070 Maximum Floor Area Ratio (FAR) for Hotels 2.0:1 2.0:1 N/A 18.18.060(d) Maximum Size of New Non-Residential 25,00.Q square feet of gross floor area or Construction or Expansion Projects 1S,OO.Q square feet above the existing floor area, whichever is greater, provided the floor area limits set forth elsewhere in this chapter are not exceeded Daylight Plane for lot lines abutting one or more residential zone districts. -(2) 10 10 Initial Height at side or rear lot line -(2) 1:2 1:2 Slope (b) Mixed Use (4) For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height may be increased to 50 feet. (1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.30(G), except that mixed use projects with fo~r or fe.we.F nine or fewer units shall only require review and approval by the architectural review board. (e) Exempt Floor Area When an existing building is being expanded, square footage which, in the judgement of the chief building official, does not increase the usable floor area, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding disability relatedhanelicappeel access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. For the purposes of this section disability related upgrades are limited to the incremental square footage necessary to accommodate disability access rninirn~rn extent necessary 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 not qualify for grandfathered floor area in the event the building is later replaced or otherwise redeveloped. 151014 jb 0131490F 23 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A 18.18.080 Transfer of Development Rights {h) Transfer Procedure Transferable development rights may be transferred from a sender site {or sites) to a receiver site only in accordance with all of the following requirements: {1) An application pursuant to Cha13ter H~.4& Chapter 18.76 of this code for major ARB review of the project proposed for the receiver site must be filed . The application shall include: {A) A statement that the applicant intends to use transferable development rights for the project; {B) Identification of the sender site{s) and the amount of TORs proposed to be transferred; and {C) Evidence that the applicant owns the transferable development rights or a signed statement from any other owner{s) of the TORs that the specified amount of floor area is available for the proposed project and will be assigned for its use. {2) The application shall not be deemed complete unless and until the city determines that the TORs proposed to be used for the project are available for that purpose. {3) In reviewing a project proposed for a receiver site pursuant to this section, the architectural review board shall review the project in accordance with Section 19.4&.120 Chapters 18.76 and 18.77 of this code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in order to satisfy the criteria findings for approval under Chapter 1&:4&18. 76 or any specific requirement of the municipal code . {4) Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the director of planning and community environment or the director's designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TORs which have been transferred. This confirmation shall be recorded in the office of the county recorder prior to the issuance of building permits and shall include the written consent or assignment by the owner{s) of the TORs where such owner{s) are other than the applicant. 18.18.120 Grandfathered Uses and Facilities {a) Grandfathered Uses {1) The following uses and facilities may remain as grandfathered uses, and shall not require a conditional use permit or be subject to the provisions of Chapter 18.70: {A) Any use which was being conducted on August 28, 1986; or {B) A use not being conducted on August 28, 1986, if the use was temporarily discontinued due to a vacancy of 6 months or less before August 28, 1986; or 151014 jb 0131490F 24 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-47 A9-BE16-EA3D9B31 E27 A (C) Any office use existing on April16, 1990 on a property zoned CD and GF combining, which also existed as a lawful conforming use prior to August 28, 1986, notwithstanding any intervening conforming use. (2) The grandfathered uses in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement complies with all of the following: (A) shall not result in increased floor area; (B) shall not relocate below grade floor area to above grade portions of the buildingshift the s~:~ileling foot~rint; (C) shall not result in an increase of the height, length, building envelope, building footprint or any other increase in the size of the improvement. For purposes of this section, "building envelope" shall mean the three dimensional shape and size occupied by an existing building. It is not the maximum, buildable potential of the site; (D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070; or (E) in the case of medical, professional, general business or administrative office uses of a size exceeding 5,000 square feet in the CD-S or CD-N district that are deemed grandfathered pursuant to subsection (1), such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses. (F) The Director may approve minor changes to the building's footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non-complying feature. (3) If a grandfathered use deemed existing pursuant to subsection (1) ceases and thereafter remains discontinued for 12 consecutive months, it shall be considered abandoned and may be replaced only by a conforming use. (4) A use deemed grandfathered pursuant to subsection (1) which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a grandfathered use to a conforming use, shall not thereafter be used except to accommodate a conforming use. (b) Grandfathered Facilities (1) Any noncomplying facility existing on August 28, 1986 and which, when built, was a complying facility, may remain as a grandfathered facility and shall not be subject to the provisions of Chapter 18.70. 151014 jb 0131490F 25 December 15, 2015 DocuSign Envelope 10 : OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A (2) The grandfathered facilities in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement complies with all of the following: (A) shall not result in increased floor area; (B) shall not shift the relocate below grade floor area to above grade portions of the building; (C) shall not result in an increase of the height, length, building envelope, building footprint, or any other increase in the size of the_-improvement. (D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070i. (E) The Director may approve minor changes to the building's footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non-complying feature. SECTION 16. Section 18.20.040 (Standards for GM, MOR, ROLM, RP Zones) of Chapter 18.20 (Office, Research and Manufacturing (MOR, ROLM, RP and GM) Districts of Title 18 (Zoning) of the PAMC shall be amended as follows: 18.20.040 Site Development Standards (a) Development Standards for Non-Residential Uses Table 2 shows the site development standards for exclusively non-residential uses in the industrial and manufacturing districts. TABLE 2 INDUSTRIAL/MANUFACTURING NON-RESIDENTIA L SITE DEVELOPMENT STANDARDS ROLM Subject to MOR ROLM (E) RP RP(S) GM Regulations in Chapter: Minimum Site Specifications Site Area (sq. ft.) 25 ,000 I acre I acre 5 acres I Site Width (ft.) 150 100 100 2SO Site Depth (ft.) 150 ISO ISO 2SO Minimum Setback lines imposed by a special setback map pursuant to Chapter Setbacks 20.08 of this code may apply. Front Yard (ft) S0(3) 20 20 100 (I) Rear Yard (ft) 10(3) 20 20 40 Interior Side 10 20 20 40 Yard (ft) Street Side Yard 2o(3) 20 20 70 (ft) 151014jb0131490F 26 Decem ber 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA3D9B31 E27 A I Minimum Yard (ft) for site lines abutting or I 0(3) 20 20 . 10 18.20.060( e )(I )(D) opposite 18.20.060(e)(l )(E) residential districts Maximum Site 30% 30% 30% 15% Coverage Maximum Floor 0.4: I Area Ratio 0.5:1 0.4: 1(4) 0.3: I <4> 0.3:1 (4) 0.5:1 (FAR) w Chs. 18 .40, 18.42 Parking See Chs. 18.40, 18.42 18.52, 18.54 18.52, 18.54 Landscaping See Section 18.20.050 (Performance Criteria) 18.20.050 Maximum Height (ft) Standard 50 35(4) 35(4) 50 Within 150 ft. of a residential 35 35 35 35 zone<s) Within 40ft. of a 35 25 25 35 residential zone<s) Daylight Plane for site lines having any part abutting one or more residential districts. Initial Height -(2) 10 Slope _(2) I :2 SECTION 17. Section 18.23.050 (Visual, Screening and Landscaping) of Chapter 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts is amended as follows : (B) Requirements (i) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk. (ii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers. (iii) All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscaped screen. (iv) Rooftop equipment or rooftop equipment enclosures shall not extend above a height of 15 feet above the roof and any enclosed rooftop equipment nearest residential property shall be set back at least 20 feet from the building edge closest to the residential property or a minimum of 100 feet from the residential property line, whichever is closer. Roof vents, flues and other protrusions through the roof of any building or structure shall be obscured from public view by a roof screen or proper placement. See Section 18.40.090 (height limit exceptions) for fu rther restrictions. 151014 jb 0131490F 27 December 15, 2015 ------------------- DocuSign Envelope ID: OA589A80-D1A4-47A9-BE16-EA3D9831 E27A SECTION 18. Chapter 18.31 (CEQA Review) of Title 18 (Zoning) of the Palo Alto Municipal Code is adopted as a new chapter to read as follows: 18.31.010 Delegation of CEQA Authority The PCE Director or other decision maker as delegated in this Code shall have authority to make California Environmental Quality Act (CEQA) decisions relating to planning and land use entitlements, except that any Environmental Impact Report requiring a statement of overriding considerations shall be considered by the City Council. For projects requiring a statement of overriding considerations, the PCE Director shall refer any action on the entitlements to the City Council. 18.31.020 Incorporation of State CEQA Guidelines Resolution No. 6232 is hereby repealed and the full text of the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq., and any subsequent amendments thereto, are hereby incorporated by reference into this Chapter. If there is a conflict between the procedural provisions of the State Guidelines and this Chapter, the more restrictive provision shall apply. 18.31.030 CEQA Appeals Any person may appeal to the City Council from the decision of a non-elected decision- making body of the City to certify an environmental impact report, approve a negative declaration or mitigated negative declaration or determine that a project is not subject to Public Resources Code Section 21080 et seq. (California Environmental Quality Act) if that decision is not otherwise subject to further administrative review. Any such appeal must be filed on a form specified by the Director and must be filed within the same time period governing appeals of the underlying entitlement decision or within fourteen consecutive calendar days of the date that the environmental decision is made, if there is no appeal of the entitlement. The appellant shall state the specific reasons for the appeal. The appeal must be accompanied by the required filing fee. SECTION 19. Section 18.34.040 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations (e) Density, FAR, and Height Bonus Provisions The following provisions are intended to allow for increased density, FAR, height, and other development bonuses upon construction of additional below market rate (BMR) housing units. The bonus allowances shall be allowed subject to the following limitations: (1) Bonuses are only applicable where below market rate (BMR) units are provided in excess of those required by Palo Alto's BMR program as set forth in Section 18.14.030(a) 151014 jb 0131490F 28 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A andstated in Program H-3.1.2e of the Housing Element adopted on December 2, 2002 . Key elements of the BMR Program ~ include: (A) Five or more units: Minimum 15% of units must be BMR units; (B) Five or more acres being developed: Minimum 20% of units must be BMR units; and (C) BMR units shall meet the affordability and other requirements of Program M- ~ H-3.1.2 and the city's BMR Program policies and procedures. (2) The following BMR bonuses shall be considered and may be approved upon rezoning to the PTOD district: (A) Density Increase: Density may be increased above the maximum base density allowed (40 units per acre), such that at least one additional BMR unit is provided for every three additional market rate units constructed. The resultant density may not exceed fifty units per acre. Density shall be calculated based on the gross area of the site prior to development. (B) FAR Increase: For projects with a residential density greater than thirty units per acre, the allowable residential FAR may be increased. The FAR increase shall be equivalent to 0.05 for each additional 5% (in excess of the city requirements) of the total number of units that are proposed as BMR units, but may not exceed 50% of the residential FAR prior to the bonus, and may not exceed a total FAR of 1.5. (C) Height Increase: For projects with a residential density greater than 30 units per acre, the allowable project height may be increased. The height increase shall be equivalent to one foot above the maximum for each additional 5% (in excess of the city requirements) of the total number of units that are proposed as BMR units, but may not exceed a maximum height (50 feet). (D) Other incentives for development of BMR units, such as reduced setbacks and reduced open space, may be approved where at least 25% of the total units constructed are BMR units and subject to approval by the architectural review board. (3) The provisions of this section are intended to address the density bonus requirements of state law within the PTOD District, and the maximum bonus density, FAR, and height may not be further exceeded. The provisions of this section are intended to address the density bonus requirements of state law within the PTOD District. The maximum bonus density available under this section shall be the greater of the bonus density al lowed under this chapter or under the city's density bonus provisions contained in Chapter 18.15. SECTION 20. Sections 18.40.030 (Measurement), 18.40.70 (Projections into Yards) and 18.40.090 Height Exceptions) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of PAMC are amended to read as follows: 18.40.030 Measurement. Distances between buildings, or between any structure and any property line, setback line, or other line or location prescribed by this title shall be measured to the nearest vertical support or wall of such structure. Where one or more buildings do not have vertical exterior 151014 jb 0131490F 29 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1A4-4 7 A9-BE 16-EA3D9B3 1 E27 A walls, the distances between the buildings shall be prescribed by the building official. .tfHRe application of meast~rements specified by this title in both English and metric meast~re, metric meast~re shall be applied for all new constrl::lction; provided, that where existing strt~ctt~res, l::ISes, areas, heights, dimensions, or site improvements have been based l::lpon English meast~res, the exact metric eqt~ivalent of the English measures prescribed by this title may continue to be l::lsed for improvements, extensions, and revisions to st~ch facilities or t~ses. It is the pl::lrpose of this title to facilitate conversion from English to metric meast~res with minimum impact on property and improvements and changes thereto, and the bt~ilding official, director, director of planning and comml::lnity environment and other persons responsible for interpretation and enforcement of this title shall, in case of conflict or difference between English and metric measl::lrements, apply the provisions of this title in the less restrictive manner of this section 18.40.070 PrejeetieRs iRte Yards The director may grant a temporary l::lse permit at~thorizing the t~se of a site in any district for a temporary t~se, st~bject to the following provisions. SECTION 21. Sections 18.52.060 (Parking Assessment Districts and Areas-General) and 18.52.070 (Parking Regulations for CD Assessment District) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.52.060 Parking Assessment Districts and Areas -General (b) In-lieu fees Except as provided in st~bsection (c) below, wWithin any parking assessment district established by the city for the purpose of providing off-street parking facilities, all or a portion of the off- street parking requirement for a use may be satisfied by payment of assessments or fees levied by such district on the basis of parking spaces required but not provided. 18.52.070 Parking Regulations for CD Assessment District With respect to on-site and off-site parking space requirements for nonresidential uses within an assessment district wherein properties are assessed under a Bond Plan G financing pursuant to Title 13, the requirements of this Section 18.52.040 shall apply in the CD Assessment district in lieu of comparable requirements in this Chapter 18.52. Requirements for the size and other design criteria for parking spaces shall continue to be governed by the provisions of Chapter 18.54. SECTION 22. Sections 18.70.010 (General Application) and 18.70.080 (Noncomplying Facility Enlargement) of Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of the PAMC are amended to read as follows : 18.70.010 General application. 151014 jb 0131490F 30 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A Except as provided by this chapter Title or otherwise provided by law, a nonconforming use may be continued, and a structure containing or used by one or more nonconforming uses may be maintained, or a noncomplying facility may be maintained. A nonconforming use is a use which existed legally under the provisions of its zoning classification prior to a rezoning action or annexation which rendered such use not in conformance with the provisions of such new zoning classification. A noncomplying facility is a facility which existed legally under the provisions of its zoning classification prior to a rezoning action or annexation which rendered such facility not in compliance with the provisions of such new zoning classification. 18.70.080 Noncomplying facility-Enlargement. (a) Except as specifically permitted by subsections (b) and (c) hereof or by Section 18.12.0SO(a), no enlargement, expansion, or other addition or improvement to a noncomplying facility shall be permitted which increases the noncompliance. This section shall not be construed to prohibit enlargement or improvement of a facility, otherwise permitted by this title, which does not affect the particular degree of or manner in which the facility does not comply with one or more provisions of this title. (b) Except in areas designated as special study areas, the director of planning and community environment may permit minor additions of floor area to noncomplying facilities in the commercial CC, CS and CN zones and in the industrial MOR, ROLM, RP and GM districts, subject to applicable site development regulations, for purposes of on-site employee amenities, resource conservation, or code compliance, upon the determination that such minor additions will not, of themselves, generate substantial additional employment. Such additions may include, but not be limited to, the following: (1) Amenity space area designed and used solely for providing on-site services to employees of the facility, such as recreational facilities, credit unions, cafeterias, on-site laundry facilities, and daycare facilities. (2) Area designated for resource conservation, such as trash compactors, recycling and thermal storage facilities; and (3) Area designed and required for hazardous materials storage facilities, handicapped access, and seismic upgrades. SECTION 23. Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) of PAMC is amended to read as follows: 18.76.020 Architectural Review (b) Applicability 151014 jb 0131490F 31 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-4 7 A9-BE16-EA3D9831 E27 A (2) Major Projects. The following are "major projects" for the purposes of the architectural review process set forth in Section 18.77.070, and are subject to review by the arch itectu ra I review board: (E) Any project using transferred development rights, as described in Chapter ~18.18. SECTION 24. Sections 18.77.060 (Standard Staff Review Process), 18.77.070 (Architectural Review Process), and 18.77.075 (Low-Density Residential Review Process) of Chapter 18.77 (Processing of Permits and Approvals} of Title 18 (Zoning) the Palo Alto Municipal Code are amended to read as follows: 18.77.060 Standard Staff Review Process (f) Decision by the Council The recommendation of the planning and transportation commission on the application shall be placed on the consent calendar of the council within W 45 days. The council may: (1) Adopt the findings and recommendation of the planning and transportation commission; or (2) Remove the recommendation from the consent calendar, which shall require three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application. (A) Disc~ss the application and adopt findings and take action on the application based ~pon the evidence presented at the hearing of the planning and transportation commission; or (B) Direct that the application be set for a new hearing before the city council, following which the city co~ncil shall adopt findings and take action on the application. 18.77.070 Architectural Review Process (d) Decision by the Director Upon receipt of a recommendation of the architectural review board: (1) Within~ 5 working days, the director shall prepare a written decision to approve the application, approve it with conditions, or deny it. (f) Decision by the City Council 151014 jb 0131490F 32 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A The appeal of the director's decision shall be placed on the consent calendar of the city council within W 45 days. The city council may: (1} Adopt the findings and decision of the director; or (2} Remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application. (A) Discuss the a1313eal and ado13t findings and tal~e action on the a1313eal based UJ30n the evidence J3Fesented at the hearing of the architectural review board; or (B) Direct that the a1313eal be set for a new hearing before the city council, following •.vhich the city council shall ado13t findings and take action on the aJ313Iication. 18.77.075 Low-density Residential Review Process (f) Final Director's Decision (g) Decision by the City Council If a timely appeal is received by the City, the director's decision on the application shall be placed on the consent calendar of the city council within JG... 45 days. The city council may: (1} Adopt the findings and recommendation of the director; or (2} Remove the recommendation from the consent calendar, which shall require fGYf three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application. set the a13J3Iication for a new hearing before the city council, following which the city council shall ado13t findings and take action on the aJ3plication. SECTION 25. 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 26. 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 27. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 151014 jb 0131490F 33 December 15, 2015 DocuSign Envelope 10: OA589A80-D1 A4-4 7 A9-BE 16-EA309B31 E27 A 15061(b) and 15301, 15302 and 15305 because it simply provides a comprehensive permitting scheme. SECTION 28. This ordinance shall not apply to any planning or land use applications deemed complete as of the effective date of this ordinance. SECTION 29. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: December 7, 2015 PASSED: January 11, 2016 AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATIEST: <k-L~ City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney 151014jb0131490F 34 Mayor APPROVED: QDocuSigned by: o-·Krtf-r 39E7298FB2064DB ... City Manager ('UDocuSigned by: ~~F~~ Director of Planning & Community Environment December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy Ordinance No. 5373 Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code {PAMC) Title 16 {Building Regulations), Chapters 16.20 {Signs), 16.24 {Fences), and 16.57 {In -Lieu Parking Fees for New Non -Residential Development in the Commercial Downtown {CD) Zoning District)), and Title 18 {Zoning), Chapters 18.01 {Adoption, Purposes and Enforcement), 18.04 {Definitions), 18.08 {Designation and Establishment of Districts), 18.10 {Low Density Residential RE, R-2 and RMD Districts), 18.12 {R-1, Single Family Residence District), 18.13 {Multiple Family Residential {RM -15, RM-30, RM-40) Districts), 18.14 {Below Market Rate Housing Program), 18.15 {Residential Density Bonus), 18.16 {Neighborhood, Community, and Service Commercial {CN,CC and CS) Districts), 18.18 {Downtown Commercial {CD) District), 18.20 {Office, Research and Manufacturing {MOR, ROLM, RP and GM) Districts)), 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts), 18.31 {CEQA Review -a new chapter), 18.34 {PTOD Combining District Regulations), 18.40 {General Standards and Exceptions), 18.52 {Parking and Loading Requirements), 18.70 {Nonconforming Uses and Noncomplying Facilities), 18.76 {Permits and Approvals), and 18.77 {Processing of Permits and Approvals) The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Sections 16.20.010 {Definitions), 16.20.070 {Inspection), 16.20.140 {Projecting signs), 16.20.180 {Classification of signs), 16.20.210 {Abatement of nonconforming signs), 16.20.240 {Unsafe and unlawful signs), and 16.20.270 {Enforcement -Citation authority), and Tables 1, 2, and 3 of Chapter 16.20 (Signs) of Title 16 {Building Regulations) of the Palo Alto Municipal Code {PAMC) are amended to read as follows: 16.20.010 Definitions {a) The following words and phrases whenever used in this chapter shall be construed as defined in this section: {17) "Wall sign" means any sign posted or painted or suspended from or otherwise fixed to the wall of any building or structure in an essentially flat position, or with the exposed face of the sign in a plane approximately parallel to the plane of such wall. Any sign suspended from or attached to, and placed approximately parallel to the front of a canopy, porch, or similar covering structure shall be deemed to be a wall sign. 16.20.070 Inspection The building official, Director of Planning and Community Environment {PCE Director) or designee may, at any time, make such inspection as may be necessary or appropriate to ascertain whether any sign will comply or is complying with this chapter and other applicable laws. If required by the building official, an inspection shall be called for the permittee upon the completion of the structural portions of every sign and before the structural connections to the building or structure are concealed or covered. 16.20.140 Projecting signs Every projecting sign shall comply with the requirements of this section. 151014 jb 0131490F December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE16-EA309B3 1 E27 A Courtesy Copy (a) Projecting signs in the GM zones and on El Camino Real frontage in the CS and CN zones. (1} Area. No such sign shall exceed five square feet in area. (2) Height. No part of any projecting sign shall exceed the height of the building's adjacent parapet upon or in front of which it is situated, or in the case of buildings having sloping roofs, above the roof ridge. Any such sign which projects over public property shall have a clearance of ten feet above the ground. (3) Location. No such sign shall project more than one foot over public property. (b) Projecting Signs in Other Zones. (1} Area. No such sign shall exceed three square feet in area. (2) Height. No part of any projecting sign shall exceed a height of twelve feet, nor shall any part of such sign extend above the top level of the wall upon or in front of which it is situated. Any such sign over any public or private sidewalk or walkway shall have a minimum clearance below the sign of seven feet. 16.20.180 Classification of signs Every sign erected or proposed to be erected shall be classified by the PCE Director in accordance with the provisions of this chapter. Any sign which does not clearly fall within one of the classifications provided herein shall be placed by the PCE Director_in the classification which the sign, in view of its design, location and purpose, most nearly approximates. Such classification by the PCE Director shall be final. 16.20.210 Abatement of nonconforming signs Nonconforming signs shall either be made to conform with the provisions of this chapter or be abated within the applicable period of time hereinabove set forth. In the event they are not, the PCE Director shall order the sign abated by the owner of the property and any other person known to be responsible for the maintenance of the sign. It is thereafter unlawful for any such person to maintain or suffer to be maintained on any property owned or controlled by him any such sign. Unless some other mode of abatement is approved by the building official or PCE Director in writing, abatement of nonconforming signs shall be accomplished in the following manner: (a) Signs painted on buildings, walls or fences: by removal of the paint constituting the sign or by permanently painting over it in such a way that the sign shall not hereafter be or become visible; 151014 jb 0131490F 2 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A Courtesy Copy (b) Other Signs. By removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued, by modification, alteration or replacement thereof in conformity with the provisions of this chapter. 16.20.240 Unsafe and unlawful signs (a) Public Property. Any sign posted on public property contrary to the provisions of Section 16.20.100 may be removed by the division of inspectional services or the police department. (b) Unsafe or Abandoned Signs. Any sign deemed by the police department, the chief building official or PCE Director to be (1) unsafe, due to interfering with the public's health, safety, welfare or convenience, or (2) abandoned, including but not limited to election signs posted more than six days after the election to which they relate, may be removed by the division of inspectional services or the police department. (c) Whenever a sign, other than those on public property or those deemed to be unsafe or abandoned, is found to be erected or maintained in violation of any provision of this chapter or of any other ordinance or law, the building official or PCE Director may order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within ten days of the date of such order. Failure, neglect or refusal to comply with such order of the building official or PCE Director shall be sufficient basis for the revocation of any permit or approval granted under this chapter and shall constitute a separate offense. In addition to any other remedies provided by law, the building official may remove, or cause to be removed any such sign erected or maintained in violation of the provisions of this chapter. 16.20.270 Enforcement -Citation authority Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: PCE Director (or designee), chief building official, assistant building official and code enforcement officer. Chapter 16.20 -Table 1 Allowable Sign Area for Freestanding Signs up to Five Feet High NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN REVIEW PROCESS PURSUANT TO CHAPTER 18.77 (Processing of Permits and Approvals) Freestanding signa to 5' high '~••·lite of lu ~~ llftfl• ru t 151014 jb 0131490F 3 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9831 E27 A Courtesy Copy Chapter 16.20 -Table 2 Allowable Sign Area for Freestanding Signs Over Five Feet High NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN REVIEW PROCESS PURSUANT TO CHAPTER 18.77 (Processing of Permits and Approvals) Freestanding signs over 5' high I : JO c " ,. ' 11.6' t I I : i t I L :~111 rront''' of let 1n 1 inur he& Chapter 16.20 -Table 2 ""'•·' II l _I Allowable Sign Height for Freestanding Signs Over Five Feet High NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN REVIEW PROCESS PURSUANT TO CHAPTER 18.77 (Processing of Permits and Approvals) I .. Freestanding si~s over 5' high l • 0 ll ' . I . L__ __ '''-"'_;_'9' of lot i_n _lintar fHt II I _j Ill SECTION 2. Section 16.24.010 of Chapter 16.24 (Fences) of Title 16 (Building Regulations) of the PAMC is amended to read as follows: 16.24.010 Definitions Throughout this chapter, the following definitions shall apply: 151014 jb 0131490F 4 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE16-EA309B31 E27 A Courtesy Copy (a) Height Measurement. Except as otherwise provided in this chapter, height of fences or walls between the setback line and lot line shall be measured from natural grade, as determined by the chief building official or Director of Planning and Community Environment (PCE Director) or designee. 16.24.080 Violations -Penalty -Enforcement (a) No person shall erect, construct or maintain any fence, wall or structure in the nature of a fence which does not meet the requirements of this section. (b) Violation of any provision of this chapter is an infraction, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. (c) Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: chief building official, assistant building official, PCE Director or designee, and code enforcement officer. SECTION 3. Section 16.57.010 (Applicability) of Chapter 16.57 (In-Lieu Parking Fee for New Nonresidential Development in the Commercial Downtown (CD) Zoning District) of Title 16 (Building Regulations) of the PAMC is amended to read as follows: 16.57.010 Applicability The in-lieu parking fee regulations set forth in this chapter shall apply only to nonresidential development within the University Avenue parking assessment district which meets the eligibility criteria set forth in subsection (d) of Section 18.18.090 of this code. In accordance with subsection (a) of Section 18.18.090 of this code, payment of the fee established by this chapter shall be a condition of the approval of or permit for any new development, any addition or enlargement of existing development, or any use of any floor area that has never been assessed under any Bond Plan G financing pursuant to Title 13 of this code. SECTION 4. Title 18 (Zoning) Table of Contents of the PAMC is amended to add Chapter 18.36 (HD Hospital Districts). SECTION 5. Section 18.01.025 (Zoning Code Interpretation) is added to Chapter 18.01 (Adoption, Purposes, and Enforcement) of Title 18 (Zoning) of the PAMC to read as follows: 18.01.025 (Zoning Code Interpretation) Whenever in the opinion of the Planning and Community Environment Director (PCE Director) there is any question regarding the interpretation of the Comprehensive Plan or the planning and land use provisions of Titles 16, 18 or 21 to any specific case or situation, the PCE Director shall have the authority to interpret such planning codes. When in the opinion of the 151014 jb 0131490F 5 December 15, 2015 DocuSign Envelope I D: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B3 1 E27 A Courtesy Copy PCE Director a formal written decision is warranted, the Director shall make the written decision available to the public by posting on the City's website. The interpretation shall become effective fourteen consecutive calendar days from the date of posting unless appealed under this section. The interpretation shall become the standard interpretation for future application of that provision of this Chapter unless changed by the Council on appeal. In accordance with the provisions of Section 18.77.070(f), any person may appeal the PCE Director's written interpretation prior to its effective date. All final written interpretations made under this section shall be made publicly available on the City's website. Staff shall prepare a quarterly Information Report to the Council summarizing all final interpretations made under this section. SECTION 6. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) is amended to read as follows: 18.04.030 Definitions (a) Throughout this title the following words and phrases shall have the meanings ascribed in this section. (53) "Facility" means a structure, building or other physical contrivance or object. (B) "Noncomplying facility" means a facility which is in violation of ill any of the site development regulations or other regulations established by this title, but was lawfully existing on July 20, 1978, or llil any amendments to this title, but was lawfully existing prior to the application of any district or regulation to the property involved by reason of which adoption or application the facility became noncomplying. Sometimes this Code interchangeably refers to "noncomplying facilities" as "legal noncomplying", "grandfathered" or "grandparented" facilities. (For the definition for "nonconforming use" see subsection (143)(B)). (65) "Gross floor area" is defined as follows: (A) Non-residential & Multifamily Inclusions: For all zoning districts other than the R-E, R- 1, R-2 and RMD residence districts, "gross floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including all of the following: (i) Halls; (ii) Stairways measured at each floor; (iii) Elevator shafts measured at each floor; (B) Non-residential & Multifamily Exclusions: For all zoning districts other than theR-E, R- 1, R-2 and RMD residence districts, "gross floor area" shall not include the following: 151014 jb 0131490F 6 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A Courtesy Copy (iv) Except in the CD District and in areas designated as special study areas, minor additions of floor area approved by the director of planning and community environment for purposes of resource conservation or code compliance, upon the determination that such minor additions will increase compliance with environmental health, safety or other federal, state or local standards. Such additions may include, but not be limited to, the following: a. Areas 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); b. Areas designed and required for hazardous materials storage facilities, disability related 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 not qualify for grandfathered floor area in the event the building is later replaced or otherwise redeveloped. (v) In commercial and industrial districts except in the CD District and in areas designated as special study areas, additions of floor area designed and used solely for on-site employee amenities for employees of the facility, approved by the director of planning and community environment, upon the determination that such additions will facilitate the reduction of employee vehicle use. Such additions may include, but are not limited to, recreational facilities, credit unions, cafeterias, day care centers, automated teller machines, convenience stores, and on -site laundry facilities. (C) Low Density Residential Inclusions and Conditions: In theRE and R-1 single-family residence districts and in the R-2 and RMD two-family residence districts, "gross floor area" means the total covered area of all floors of a main structure and accessory structures greater than one hundred and twenty square feet in area, including covered parking and stairways, measured to the outside of stud walls, including the following: (i) Floor area where the distance between the top of the finished floor and the roof directly above it measures seventeen feet or more shall be counted twice; (ii) Floor area where the distance between the top of the lowest finished floor and the roof directly above it measures twenty-six feet or more shall be counted three times; (iii) Carports and garages shall be included in gross floor area; (iv) The entire floor area of a vaulted entry feature that extends above 12 feet measured from grade, whether enclosed or unenclosed, shall be counted twice in the calculation of gross floor area; (v) The footprint of a fireplace shall be included in the gross floor area, but is only counted one time; 151014 jb 0131490F 7 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA309B31 E27 A Courtesy Copy (vi) All roofed porches, arcades, balconies, porticos, breezeways or similar features when located above the ground floor and more than 50% covered by a roof or more than 50% enclosed shall be included in the calculation . (vii) Recessed porches on the ground floor extending in height above the first floor shall be included once in the calculation. (D) Low Density Residential Exclusions: In theRE 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: (v) Open or partially enclosed (less than 50% enclosed) porches, whether recessed or protruding, located on the first floor, and for R-1 zones porches reaching a height of less than 12 feet measured from grade as set forth in Section 18.12.040(b),_shall be excluded from gross floor area, whether covered or uncovered. Recessed porches located on the first floor with a depth of less than 10 feet shall be excluded from the calculation if the exterior side(s) of the porch is open. (142) "Usable open space" means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, patio or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas. Usable open space may be covered if at least 50% open on the sides. Usable open space shall be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the intended users (e .g., residents, employees, or public). SECTION 7. Section 18.08.080 (Interpretation of Land Use Classifications) is added to Chapter 18.08 (Designation and Establishment of Districts) of Title 18 (Zoning) to read as follows: 18.08.080 Interpretation of Land Use Classifications The PCE Director shall have the authority to interpret whether a land use is similar to other permitted or conditionally permitted land uses listed in any Zoning District. Such interpretations may be appealed in accordance with Section 18.77.070(f). Staff shall prepare a quarterly Information Report to the Council summarizing all final interpretations made under this section. SECTION 8. Sections 18.10.040 (Development Standards) and 18.10.060 (Parking) of Chapter 18.10 (Low Density Residential RE, R-2 and RMD Districts) of Title 18 (Zoning) of the PAMC are amended to read as follows : 18.10.040 Development Standards 151014 jb 0131490F 8 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE1 6-EA3D9B31 E27 A Courtesy Copy (h) Location of Noise-Producing Equipment All noise-producing equipment, such as air conditioners, pool equipment, generators, commercial kitchen fans, and similar service equipment, shall be located outside of the front, rear and side yard setbacks. Such equipment may, however, be located up to 6 feet into the street side yard setback. All such equipment shall be insulated and housed, except that the Planning Director may permit installation without housing and insulation, provided the equipment is located within the building envelope and where a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the City's Noise Ordinance at the nearest property line. Any replacement of such equipment shall conform to this section where feasible; replacement of equipment for which permits were obtained prior to these restrictions is allowable in the same location provided the replacement equipment complies with the City's noise ordinance. All service equipment must meet the City Noise Ordinance in Chapter 9.10 of this code. 18.10.060 Parking (f) Design of Parking Areas Parking facilities shall comply with all applicable regulations of Chapter 18.54_(Parking Facility Design Standards). SECTION 9. Sections 18.12.040 (Site Development Standards) (Tables 2 and 3), 18.12.050 (Permitted Encroachments, Projections and Exceptions), 18.12.060 (Parking), 18.12.070 (Second Dwelling Units), 18.12.090 (Basements), 18.12.100 (Regulations for the Single Story Overlay (S) Combining District), 18.12.110 (Single Family Individual Review), 18.12.120 (Home Improvement Exception) of Chapter 18.12 (R-1 Single-Family Residential District) of Title 18 (Zoning) of the PAMC is amended to read as follows: 18.12.040 Site Development Standards TABLE2 R-1 RESIDENTIAL DEVELOPMENT STANDARDS R-1 Subdistricts R-1 Subject to R-1 R-1 R-1 R-1 Regulations in (7,000) (8,000) (10,000) (20,000) C~apteF: * * * * * Subdistricts based on minimum lot size (sq. ft.) Minimum Site Specifications 151014 jb 0131490F 9 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA309B31 E27 A Courtesy Copy 6,000 I 7,000 I 8,000 I 10,000 I 20,000 Site area (sq. ft.) As established by Section 21.20.301 (Subdivision Ordinance) All lots except flag lots (I) 60 Flag lots Site Width (ft) 100 l::itP f)pnth {ft\ Maximum Lot Size Lot area (sq. ft.) 9,999 I 13 ,999 I 15,999 I 19,999 I 39,999 18.12.040(d) Minimum Setbacks Setback lines imposed by a special setback map pursuant to Chapter 20. 08 of/his code may also apply 18.12.040(e) 18.12.050 Front Yard (ft.) Contextual (2) Rear Yard (ft.) 20 Interior Side Yard (ft.) Street Side Yard (ft.) 6 I 8 16 Maximum Height (as measured to the peak of 30 (3) 18.04.030(a)(67) the roof) (ft.) Standard 33 (3) 18.12.050 Maximum Height for buildings with a roof pitch ofl2:12 or greater 17 feet; limited to one habitable floor ( 4, 5) 18.12.100 With (S) Combining Side Yard Daylight Plane (Excludes street side yards) 18.04.030( 44) Initial Height 18.12.050 Angle (Degrees) I 0 feet at interior side lot line (6) 45 (6) Rear Yard Daylight Plane Initial Height 18.12.050 Angle 16 feet at rear setback line <6l (Degrees) 60<6) Maximum Site Coverage: Single story development 18.04.030(aX86A) With (S) Combini ng Equivalent to maximum allowable floor area ratio <7l Multiple story development Additional Equivalent to maximum allowable floor area ratio <7l area permitted to 35% (7) be covered by a patio or overhang 5% Maximum Floor Area Ratio (FAR) Table 3 First 5,000 sq. ft. of lot size .45 18.04.030(a)(65C) Square footage of lot size 18.12.040(b) in excess of5,000 sq. ft. .30 151014 jb 0131490F 10 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy Maximum House Size (sq. ft.) 6,000 (B) Residential Density One unit, except as provided in Section 18.12.090 Parking See Residential Parking, Section 18.12.060 Chs. 18.52, 18.54 TABLE3 SUMMARY OF GROSS FLOOR AREA FOR SINGLE FAMILY RESIDENTIAL DISTRICTS Description lnduded in GFA Exduded from GFA Accessory structures greater than 120 sq. ft. --J Second floor equivalent: areas with heights > 17' --J (counted twice) Third floor equivalent: areas with heights > 26' -/ (counted three times) Third floor equivalent, where roof pitch is > 4:12 -/up to 200 sq. ft. ofunusable space Garages and carports --J Porte cocheres -1 Entry feature :S.,I2' in height, if not substantially enclosed and not recessed --J (counted once) Vaulted entry > 12' in height --J (footprint counted Fireplace footprint --J (counted once) First floor roofed or unenclosed porches --J First floor recessed porches <1 0' in depth and open on exterior side --J Second floor roofed or enclosed porches, arcades, balconies, p01ticos, breeze---J ways Basements (complying with patio & lightwell requirements described in Section --J 18.12.090) Areas on floors above the first floor where the height from the floor level to the --J underside of the rafter or fmished roof surface is 5 or greater Bay windows (if at least 18" above interior floor, does not project more than 2', and -1 more than 50% is covered by windows) Basement area for Category I & 2 Historic Homes or contributing structure within --J a historic district (even if greater than 3') Unusable attic space for category I & 2 Historic Homes ..J (up to 500 sq. ft.) (c) Substandard and Flag Lots The following site development regulations shall apply to all new construction on substandard and flag lots in lieu of comparable provisions in subsection (a). (2} Flag Lots (B) Flag Lot Development Standards: 151014 jb 0131490F 11 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy (i) The maximum height shall be 17 feet, as measured to the peak of the roof. (ii) There shall be a limit of one habitable floor. Habitable floors include lofts, mezzanines, and similar areas with interior heights of five feet (5') or more from the roof to the floor, but exclude basements and exclude attics that have no stairway or built-in access. The chief building official shall make the final determination as to whether a floor is habitable. (iii) Front Setback: 10 feet. Flag lots are not subject to contextual front setback requirements. (e) Contextual Front Setbacks The minimum front yard ("setback") shall be the greater of twenty feet (20') or the average setback, if the average front setback is 30 feet or more. "Average setback" means the average distance between the front property line and the first main structural element, including covered porches, on sites on the same side of the block, including existing structures on the subject parcel. This calculation shall exclude flag lots and existing multifamily developments of three units or more. For calculation purposes, if five (5) or more properties on the block are counted, the single greatest and the single least setbacks shall be excluded. The street sideyard setback of corner lots that have the front side of their parcel (the narrowest street-facing lot line) facing another street shall be excluded from the calculations. For blocks longer than 600 feet, the average setback shall be based on no more than ten sites located on the same side of the street and nearest to the subject property, plus the subject site, and for a distance no greater than 600 feet. Blocks with three (3) or fewer eligible parcels are not subject to contextual setbacks. Structures on the site in no case may be located closer than twenty feet (20') from the front property line. (I) Location of Noise-Producing Equipment All noise-producing equipment, such as air conditioners, pool equipment, generators, commercial kitchen fans, and similar service equipment, shall be located outside of the front, rear and side yard setbacks. Such equipment may, however, be located up to six feet into a street sideyard setback. All such equipment shall be insulated and housed, except that the planning director may permit installation without housing and insulation, provided the equipment is located within the building envelope and where a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the city's Noise Ordinance at the nearest property line. Any replacement of such equipment shall conform to this section where feasible, except the Director may allow replacement of existing equipment in a non-complying location, if such equipment had prior building permit(s), with equipment that meets the City's Noise Ordinance. All service equipment must meet the city's Noise Ordinance in Chapter 9.10 of the Municipal Code . 18.12.050 Permitted Encroachments, Projections and Exceptions 151014 jb 0131490F 12 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy {D) Special Setbacks. In cases where a special setback is prescribed pursuant to Chapter 20.08 of the Municipal Code, and the existing setback is less than the special setback distance, and at least 14 feet for the front setback or at least 10 feet for the street side yard setback, the exi~ting encroachment may be extended for a distance of not more than 100% of the length of the encroaching wall to be extended, provided that the total length of the existing encroaching wall and the additional wall shall together not exceed one-half the maximum existing width of such building. {3) Allowed Projections {A) Cornices, Eaves, Fireplaces, and Similar Architectural Features For cornices, eaves, fireplaces, and similar architectural features, excluding flat or continuous walls or enclosures of usable interior space, the following projections are permitted: {i) A maximum of two feet into a required side yard. Fireplaces in a required side yard may not exceed five feet in width. Fireplaces not exceeding five feet in width may project into a required side yard no more than two feet. {ii) A maximum of four feet into a required front yard. {iii) A maximum of four feet into a required rear yard. {B) Window Surfaces {i) Window surfaces, such as bay windows or greenhouse windows, may extend into a required rear yard a distance not to exceed two feet, into a required street side setback a distance not to exceed three feet, or into a required front yard a distance not to exceed three feet. {ii) Window surfaces may not extend into required interior side yards, with the exception that one greenhouse window with a maximum width of six feet, framed into a wall, may project into the interior side yard no more than two feet. The window surface may not extend into any yard above a first story. 18.12.060 Parking Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapters 18.52 and 18.54 of this title. The following parking requirements apply in the R-1 districts. These requirements are included for reference purposes only, and in the event of a conflict between this Section 18.12.060 and any requirement of Chapters 18.52 and 18.54, Chapters 18.52 and 18.54 shall apply, except in the case of parcels created pursuant to Section 18.12.140 {c) {subdivision incentive for historic preservation). 18.12.070 Second Dwelling Units 151014 jb 0131490F 13 December 15, 2015 DocuSign Envelope 10: OA589A80-D1 A4 -4 7 A9-BE 16-EA309B31 E27 A Courtesy Copy (c) Development Standards for Attached Second Dwelling Units Attached second dwelling units are those attached to the main dwelling. Attached unit size counts toward the calculation of maximum house size. All attached second dwelling units shall be subject to the following development requirements: (1) The minimum site area shall meet the requirements specified in subsection (b) above. (2) Maximum size of living area : 450 square feet. The second dwelling unit and covered parking shall be included in the total floor area for the site, but the covered parking area is not included in the maximum 450 square feet for attached unit. Any basement space used as a second dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the maximum size of the second unit. (3) Maximum size of covered parking area for the second dwelling unit: 200 square feet. (d) Development Standards for Detached Second Dwelling Units Detached second dwelling units are those detached from the main dwelling. All detached second dwelling units shall be subject to the following development requirements: (1) The minimum site area shall meet the requirements specified in subsection (b) above. (2) Minimum separation from the main dwelling: 12 feet. (3) Maximum size of living area: 900 square feet. The second dwelling unit and covered parking shall be included in the total floor area for the site, but the covered parking area is not included within the maximum 900 square feet for detached unit. Any basement space used as a second dwelling unit or portion thereof shall be counted as floor area for the purpose of calculating the maximum size of the second unit. (4) Maximum size of covered parking for the second dwelling unit: 200 square feet. 18.12.100 Regulations for the Single Story Overlay (S) Combining District (c) Application for a Single Story (S) Combining District (1) Application to create or remove a single-story overlay district may be made by an owner of record of property located in the single-story overlay district to be created or removed. 151014 jb 0131490F 14 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B3 1 E27 A Courtesy Copy (2) Application shall be made to the director on a form prescribed by the director, and shall contain all of the following: (A) A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof. (B) A map of the district to be created or removed that includes the address location of those owners whose properties are subject to the zoning request. Boundaries shall correspond with certain natural or man-made features (including, but not limited to, roadways, waterways, tract boundaries and similar features) to define an identifiable neighborhood or development. For creation of a single-story overlay district, the area shall be of a prevailing single story character, such that a minimum of 80% of existing homes within the boundaries are single story. (C) For creating a single-story overlay district, a list of signatures evidencing support by: (i) 70% of included properties; or (ii) 60% of included properties where all included properties are subject to recorded deed restrictions intended to limit building height to a single story, whether or not such restrictions have been enforced. For the removal of a single-story overlay district, a list of signatures evidencing support by 70% of included properties, whether or not deed restrictions intended to limit the building height to single story apply. "Included properties" means all those properties inside the boundaries of the district proposed to be created or removed. The written statement or statements accompanying the signatures must state that the signer is indicating support for a zone map amendment that affects his or her property. One signature is permitted for each included property, and a signature evidencing support of an included property must be by an owner of record of that property. 18.12.120 Home Improvement Exception (a) Purpose A home improvement exception ("HIE") enables a home improvement or minor addition to an existing single-family or two-family home, or accessory structure, or both, to be consistent with the existing architectural style of the house or neighborhood, to accommodate a significant or protected tree, or to protect the integrity of a historic structure in conformance with the Secretary of the Interior's Standards for Historic Rehabilitation. By enabling adaptive reuse of existing buildings, the home improvement exception promotes retention of existing houses within the city. (b) Applicability A home improvement exception may be granted as part of a proposed improvement or addition to an existing single-family or two-family structure, or accessory structure, or both, in theRE, R-1, RMD, or R-2 district, as limited in subsection (c). A home improvement exception may be granted as described in subsections (1) through (14) of subsection (c), but may not 151014 jb 0131490F 15 December 15, 2015 DocuSign Envelope I D: OA589A80-D 1 A4-4 7 A9-BE 16-EA3D9B31 E27 A Courtesy Copy exceed the limits set forth in those subsections. In order to qualify for a home improvement exception, the project must retain at least 75% of the existing exterior walls, including exterior finishes such as siding or cladding. SECTION 10. Sections 18.13.010 (Purposes), and 18.13.050 (Village Residential Development) of Chapter 18.13 (Multiple Family Residential RM-15, RM-30, and RM-40 Districts) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.13.010 Purposes This section specifies regulations for three multiple family residential districts. (a) RM-15 Low Density Multiple-Family Residence District [RM -15] The RM-15 low-density multiple-family residence district is intended to create, preserve and enhance areas for a mixture of single-family and multiple-family housing which is compatible with lower density and residential districts nearby, including single-family residence districts. The RM-15 residence district also serves as a transition to moderate density multiple- family districts or districts with nonresidential uses. Permitted densities in the RM-15 residence district range from eight to fifteen dwelling units per acre, with no required minimum density. (b) RM-30 Medium Density Multiple-Family Residence District [RM-30] The RM -30 medium density multiple-family residence district is intended to create, preserve and enhance neighborhoods for multiple-family housing with site development standards and visual characteristics intended to mitigate impacts on nearby lower density residential districts. Projects at this density are intended for larger parcels that will enable developments to provide their own parking spaces and to meet their open space needs in the form of garden apartments or cluster developments. Permitted densities in the RM -30 residence district range from sixteen to thirty dwelling units per acre, with no required minimum density. (c) RM-40 High Density Multiple-Family Residence District [RM -40] The RM -40 high density multiple-family residence district is intended to create, preserve and enhance locations for apartment living at the highest density deemed appropriate for Palo Alto. The most suitable locations for this district are in the downtown area, in select sites in the California Avenue area and along major transportation corridors which are close to mass transportation facilities and major employment and service centers. Permitted densities in the RM-40 residence district range from thirty-one to forty dwelling units per acre, with no required minimum density. 18.13.050 Village Residential Development TABLE 3 VILLAGE RESIDENTIAL DEVELOPMENT TABLE 151014 jb 0131490F 16 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-47A9-BE16-EA3D9B31E27A Courtesy Copy Village Residential Subject to Regulations in: Minimum Site Specifications Site Area (ft2) 6,000 Site Width (ft) 50 Site Depth (ft) 100 RM-15 development standards Minimum Setbacks apply to perimeter of site Minimum Lot Specifications (1) Lot Area (ft2), Attached Units 1,5 00 Lot Area (ft2), Detached Units 2,5 00 Maximum Lot Area (ft2) 4,000 Front lot setback (ft) 5 Rear lot setback (ft) 3 Side lot setback (ft) 0 Distance between detached units (ft) 3 Maximum House Size (ft L) 2,soov-; Maximum Height (ft) 30 RM-15 development standards Daylight Planes apply to perimeter of site Maximum Site Cove rage RM-15 development standards apply to entire site Maximum Floor Area Ratio (F AR)lJJ 0.5:1 applied to entire site Maximum Residential Density (units) 12 Maximum number of units per acre Minimum Site Open Space l4J 35% of entire site 18.13.040(e) Minimum Usable Open Space (per unit)lJJ 300 sq. ft. Minimum common open space (per unit) No requirement 18.13.040(e) Minimum private open space (per unit) 100 sq. ft. Performance Criteria Ch. 18.23 Landscape Requirements 18.40.130 ParkingP> See provisions of Chapter 18.52 Ch. 18.52 SECTION 11. Section 18.14.030 (Below Market Rate Housing Bonus Requirements) of Chapter 18.14 (Below Market Rate Housing Program) of Title 18 (Zoning) of the PAMC is amended to read as fol lows: (a) Developers of projects with five or more units must comply with the requirements set forth in Program H3.1.2 of the City of Palo Alto Comprehensive Plan. The BMR Program 151014 jb 0131490F 17 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy objective is to obtain actual housing units or buildable parcels within each development rather than off-site units or in-lieu payments. SECTION 12. Section 18.15.020 (Definitions) of Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: 18.15.020 Definitions Whenever the following terms are used in this chapter, they shall have the meaning established by this section: (s) "Replace" means either of the following: (1) If any dwelling units described in 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 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 as those households in occupancy. For unoccupied dwelling units described in 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, these units shall be subject to a recorded affordability restriction for at least 55 years. (2) If all dwelling units described in 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 type, or both, as existed at the highpoint of those units in the five-year period preceding the application 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 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. (t) "Restricted affordable unit" means a dwelling unit within a development which will be available at an affordable rent or affordable sales price for sale or rent to very low, lower or moderate income households. 151014 jb 0131490F 18 December 15, 2015 DocuSign Envelope I 0: OA589A80-D 1 A4-4 7 A9-BE 16-EA309B31 E27 A Courtesy Copy (u) "Senior citizen housing development" means a Development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3. SECTION 13. Sections 18.15.030 (Density Bonuses), 18.15.040 (Development Standards for Affordable Units), and 18.15.100 (Regulatory Agreement) of Chapter 18.15 (Residential Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: 18.15.030 Density Bonuses (h) An applicant (or project) shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies: (i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in Section 18.15.030. (ii) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household. (i) Certain other types of development activities are specifically eligible for a density bonus pursuant to state law: (i) A development may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (ii) A condominium conversion may be eligible for a density bonus or concession pursuant to the requirements set forth in Government Code Section 65915.5. (j) As provided in Section 18.15.080(c), development proposed with rezoning to the Planned Community zone district are entitled to densities approved as part of the rezoning and shall not be entitled to a density bonus in addition to the units entitled by the rezone. 151014 jb 0131490F 19 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA309B31 E27 A Courtesy Copy (k) Notwithstanding any provision of this chapter, all developments must satisfy all applicable requirements of the city's Below Market Rate Housing Program, which may impose requirements for restricted affordable units in addition to those required to receive a density bonus or concessions. 18.15.040 Development Standards for Affordable Units (b) Moderate income restricted affordable units shall remain restricted and affordable to the designated income group for a minimum period of 55 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). Very low and lower restricted affordable units shall remain restricted and affordable to the designated income group for a period of 55 years for both rental and for-sale units (or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program). 18.15.050 Development Concessions and Incentives This section includes provisions for providing concessions or incentives pursuant to Government Code Section 65915. (a) By right parking incentives. Upon request by the applicant, a development that is eligible for a density bonus may provide parking as provided in this subsection (a), consistent with Government Code Section 65915(p), inclusive of handicapped and guest parking: (i) Zero to one bedroom unit: one on-site parking space; (ii) Two to three bedroom unit: two on-site parking spaces; (iii) Four or more bedroom unit: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, this parking may be provided through tandem parking or uncovered parking, but not through on-street parking. (b) Additional parking incentives for transit oriented projects. (i) Notwithstanding paragraph (a) above, if a development includes the maximum percentage of low-or very low income units provided for in section 18.15.030(b) and is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, then, upon request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For purposes of this subdivision, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. 151014 jb 0131490F 20 December 15, 2015 DocuSign Envelope I D: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy (ii) Notwithstanding paragraph (a) above, if a development consists solely of rental units, exclusive of a manager's unit, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios: (A) If the development is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit. (B) If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) If the development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (iii) Notwithstanding paragraphs (i) and (ii), the city may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (a) if the city has conducted an area wide or citywide parking study in compliance with Government Code Section 65915(p)(7). (c) Other incentives and concessions. A development is eligible for other concessions or incentives as follows: 18.15.100 Regulatory Agreement (d) The regulatory agreement shall be consistent with the guidelines of the city's Below Market Rate Program and shall include at a minimum the following: (iv) Term of use restrictions for restricted affordable units of at least 55 years for moderate income units and at least ~55 years for low and very low un its; SECTION 14. Sections 18.16.050 (Office Use Restrictions) and 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: 151014 jb 0131490F 21 December 15, 2015 DocuSign Envelope I D: OA589A80-D1 A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy 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; {3) In the case of CS zoned properties with site frontage on El Camino Real, were not occupied by housing on March 19, 2001; (4} Occupy a space that was vacant on March 19, 2001; (5} Are located in new or remodeled ground floor area built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; (6} Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically allows for such ground floor medical, professional, and general business offices; or {7} Are located anywhere in Building E or in the rear 50% of Building CorD of the property at the southeast corner of the intersection of Park Boulevard and California Avenue, as shown on sheet A2 of the plans titled "101 California Avenue Townhouse/Commercial/Office, Palo Alto, CA" by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department of Planning and Community Environment. 18.16.060 Development Standards (b) Mixed Uses (9) Residential densities up to 20 units/acre only on CN zoned housing inventory sites identified in the Housing Element. 151014 jb 0131490F 22 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy {1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.30(GL except that mixed use projects with nine or fewer units shall only require review by the architectural review board. SECTION 15. Sections 18.18.060 (Development Standards), 18.18.070 (Floor Area Bonuses, 18.18.080 (Transfer of Development RightsL and 18.18.120 (Grandfathered Uses and Facilities) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.18.060 Development Standards (a) Exclusively Non-Residential Use Table 2 Exclusively Non-Residential Development Standards Subject to CD-C CD-S CD-N regulations in Section: Minimum Setbacks Front Yard (ft) None required 10' (I) Setback lines Rear Yard (ft) None required imposed by a Interior Side Yard (ft) None required special Street Side Yard (ft) None required 20' (I) setback map pursuant to Minimum street setback for sites sharing Chapter 20.08 a common block face with any abutting .(4) _(4) _(4) of this code residential zone district may apply Minimum yard (ft) for lot lines abutting IO'(I) 1o>DT IO>DT or opposite residential zone districts Maximum Site Coverage None Required 50% Maximum Height (ft) Standard 50 50 25 Within 150ft. of an abutting residential zone -(3) (3) (3) district 18.l8.060(e) Maximum Floor Area Ratio (FAR) 1.0: I (5) 0.4:1 (5) 0.4:1 (5) 18.18.070 Maximum Floor Area Ratio (FAR) for Hotels 2.0:1 2.0:1 N/A 18.18.060(d) Maximum Size of New Non-Residential 25,000 square feet of gross floor area or Construction or Expansion Projects 15,000 square feet above the existing floor area, whichever is greater, provided the floor area limits set forth elsewhere in this chapter are not exceeded Daylight Plane for lot lines abutting one or more residential zone districts. Initial Height at side or rear lot line -(2) 10 10 Slope -(2) 1:2 1:2 151014 jb 0131490F 23 December 15, 2015 DocuSign Envelope I 0: OA589A80-D 1 A4 -4 7 A9-BE 16-EA309B31 E27 A Courtesy Copy (b) Mixed Use (4) For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height may be increased to 50 feet. (1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.30(G), except that mixed use projects with nine or fewer units shall only require review and approval by the architectural review board. (e) Exempt Floor Area When an existing building is being expanded, square footage which, in the judgement of the chief building official, does not increase the usable floor area, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding disability related access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. 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 not qualify for grandfathered floor area in the event the building is later replaced or otherwise redeveloped. 18.18.080 Transfer of Development Rights (h) Transfer Procedure Transferable development rights may be transferred from a sender site (or sites) to a receiver site only in accordance with all of the following requirements: (1) An application pursuant to Chapter 18.76 of this code for major ARB review of the project proposed for the receiver site must be filed . The application shall include: (A) A statement that the applicant intends to use transferable development rights for the project; (B) Identification of the sender site(s) and the amount of TDRs proposed to be transferred; and (C) Evidence that the applicant owns the transferable development rights or a signed statement from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use. 151014 jb 0131490F 24 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47A9-BE16-EA3D9B31 E27A Courtesy Copy (2) The application shall not be deemed complete unless and until the city determines that the TDRs proposed to be used for the project are available for that purpose. (3) In reviewing a project proposed for a receiver site pursuant to this section, the architectural review board shall review the project in accordance with Chapters 18.76 and 18.77 of this code; however, the project may not be required to be modified for the sole purpose of reducing squa re footage unless necessary in order to satisfy the findings for approval under Chapter 18.76 or any specific requirement of the municipal code. (4) Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the director of planning and community environment or the director's designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the office of the county recorder prior to the issuance of building permits and shall include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are other than the applicant. 18.18.120 Grandfathered Uses and Facilities (a) Grandfathered Uses (1) The following uses and facilities may remain as grandfathered uses, and shall not require a conditional use permit or be subject to the provisions of Chapter 18.70: (A) Any use which was being conducted on August 28, 1986; or (B) A use not being conducted on August 28, 1986, if the use was temporarily discontinued due to a vacancy of 6 months or less before August 28, 1986; or (C) Any office use existing on April16, 1990 on a property zoned CD and GF combining, which also existed as a lawful conforming use prior to August 28, 1986, notwithstanding any intervening conforming use . (2) The grandfathered uses in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement complies with all of the following: (A) shall not result in increased floor area; (B) shall not relocate below grade floor area to above grade portions of the building; (C) shall not result in an increase of the height, length, building envelope, building footprint or any other increase in the size of the improvement. For purposes of this section, "building envelope" shall mean the three dimensional shape and size occupied by an existing building. It is not the maximum, buildable potential of the site; 151014 jb 0131490F 25 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1A4-4 7 A9-BE 16-EA3D9B31 E27 A Courtesy Copy (D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070; or (E) in the case of medical, professional, general business or administrative office uses of a size exceeding 5,000 square feet in the CD-S or CD-N district that are deemed grandfathered pursuant to subsection (1), such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses. (F) The Director may approve minor changes to the building's footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non-complying feature. {3) If a grandfathered use deemed existing pursuant to subsection (1) ceases and thereafter remains discontinued for 12 consecutive months, it shall be considered abandoned and may be replaced only by a conforming use. (4) A use deemed grandfathered pursuant to subsection (1) which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a grandfathered use to a conforming use, shall not thereafter be used except to accommodate a conforming use. (b) Grandfathered Facilities (1) Any noncomplying facility existing on August 28, 1986 and which, when built, was a complying facility, may remain as a grandfathered facility and shall not be subject to the provisions of Chapter 18. 70. (2) The grandfathered facilities in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement complies with all of the following: (A) shall not result in increased floor area; (B) shall not relocate below grade floor area to above grade portions of the building; (C) shall not result in an increase of the height, length, building envelope, building footprint, or any other increase in the size of the improvement. (D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070; (E) Ihe Director may approve minor changes to the building's footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non-complying feature. 151014 jb 0131490F 26 December 15, 2015 DocuSign Envelope 10: OA589A80-D 1 A4-4 7 A9-BE 16-EA309B31 E27 A Courtesy Copy SECTION 16. Section 18.20.040 (Standards for GM, MOR, ROLM, RP Zones) of Chapter 18.20 (Office, Research and Manufacturing (MOR, ROLM, RP and GM} Districts of Title 18 (Zoning) of the PAMC shall be amended as follows: 18.20.040 Site Development Standards (a) Development Standards for Non-Residential Uses Table 2 shows the site development standards for exclusively non-residential uses in the industrial and manufacturing districts. TABLE 2 INDUSTRIAL/MANUFACTURING NON-RESIDENTIAL SITE DEVELOPMENT STANDARDS ROLM Subject to MOR ROLM (E) RP RP(S} GM Regulations in Chapter: Minimum Site Specifications Site Area (sq. ft.) 25,000 I acre I acre 5 acres I Site Width (ft.) 150 100 100 250 Site Depth (ft.) 150 150 150 250 Minimum Setback lines imposed by a special setback map pursuant to Chapter Setbacks 20.08 ofthis code may apply. Front Yard (ft) 50(3) 20 20 100 (1) Rear Yard (ft) 10(3) 20 20 40 Interior Side 10 20 20 40 Yard (ft) Street Side Yard 2o(3) 20 20 70 (ft) Minimum Yard (ft) for site lines abutting or I 0(3) 20 20 . IO 18.20.060( e )(1 )(D) opposite 18.20.060( e)( I )(E) residential districts Maximum Site 30% 30% 30% 15% Coverage Maximum Floor 0.4:I Area Ratio 0.5: I 0.4:I(4) 0.3:I (4) 0.3:1 (4) 0.5 :1 (FAR) w Parking See Chs. 18.52, I8.54 Chs. 18.52, 18.54 Landscaping See Section 18.20.050 (Performance Criteria) I8.20.050 Maximum Height (ft) Standard 50 35(4) 35(4) 50 Within I 50 ft. of 35 35 35 35 151014 jb 0131490F 27 December 15, 2015 DocuSig n Envelope I D: OA589A80-D 1 A4-4 7 A9-B E 16-EA3 09831 E27 A Courtesy Copy a res idential zone<SJ Within 40 ft. of a 35 25 25 35 residential zone(SJ Daylight Plane for site lines having any part abutting one or more residential districts. Initial Height . (2) 10 Slope _(2) 1:2 SECTION 17. Section 18.23.050 (Visual, Screening and Landscaping) of Chapter 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts is amended as follows: (B) Requirements (i) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk. (ii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers. (iii) All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscaped screen. (iv) Rooftop equipment or rooftop equipment enclosures shall not extend above a height of 15 feet above the roof and any enclosed rooftop equipment nearest residential property shall be set back at least 20 feet from the building edge closest to the residential property or a minimum of 100 feet from the residential property line, whichever is closer. Roof vents, flues and other protrusions through the roof of any building or structure shall be obscured from public view by a roof screen or proper placement. See Section 18.40.090 (height limit exceptions) for further restrictions. SECTION 18. Chapter 18.31 (CEQA Review) of Title 18 (Zoning) of the Palo Alto Municipal Code is adopted as a new chapter to read as follows: 18.31.010 Delegation of CEQA Authority The PCE Director or other decision maker as delegated in this Code shall have authority to make California Environmental Quality Act (CEQA) decisions relating to planning and land use entitlements, except that any Environmental Impact Report requiring a statement of overriding considerations shall be considered by the City Council. For projects requiring a statement of overriding considerations, the PCE Director shall refer any action on the entitlements to the City Council. 18.31.020 Incorporation of State CEQA Guidelines Resolution No. 6232 is hereby repealed and the full text of the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq., and any 151014 jb 0131490F 28 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-47 A9-BE16-EA3D9831 E27 A Courtesy Copy subsequent amendments thereto, are hereby incorporated by reference into this Chapter. If there is a conflict between the procedural provisions of the State Guidelines and this Chapter, the more restrictive provision shall apply. 18.31.030 CEQA Appeals Any person may appeal to the City Council from the decision of a non-elected decision- making body of the City to certify an environmental impact report, approve a negative declaration or mitigated negative declaration or determine that a project is not subject to Public Resources Code Section 21080 et seq. (California Environmental Quality Act) if that decision is not otherwise subject to further administrative review. Any such appeal must be filed on a form specified by the Director and must be filed within the same time period governing appeals of the underlying entitlement decision or within fourteen consecutive calendar days of the date that the environmental decision is made, if there is no appeal of the entitlement. The appellant shall state the specific reasons for the appeal. The appeal must be accompanied by the required filing fee. SECTION 19. Section 18.34.040 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations (e) Density, FAR, and Height Bonus Provisions The following provisions are intended to allow for increased density, FAR, height, and other development bonuses upon construction of additional below market rate (BMR) housing units. The bonus allowances shall be allowed subject to the following limitations: (1) Bonuses are only applicable where below market rate (BMR) units are provided in excess of those required by Palo Alto's BMR program as set forth in Section 18.14.030(a) and Program H-3.1.2 of the Housing Element . Key elements of the BMR Program include: (A) Five or more units: Minimum 15% of units must be BMR units; (B) Five or more acres being developed: Minimum 20% of units must be BMR units; and (C) BMR units shall meet the affordability and other requirements of Program H- 3.1.2 and the city's BMR Program policies and procedures. {2) The following BMR bonuses shall be considered and may be approved upon rezoning to the PTOD district: (A) Density Increase: Density may be increased above the maximum base density allowed (40 units per acre), such that at least one additional BMR unit is provided for every three additional market rate units constructed. The resultant density may not exceed fifty 151014 jb 0131490F 29 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy units per acre. Density shall be calculated based on the gross area of the site prior to development. (B) FAR Increase: For projects with a residential density greater than thirty units per acre, the allowable residential FAR may be increased. The FAR increase shall be equivalent to 0.05 for each additional 5% (in excess of the city requirements) of the total number of units that are proposed as BMR units, but may not exceed 50% of the residential FAR prior to the bonus, and may not exceed a total FAR of 1.5. (C) Height Increase: For projects with a residential density greater than 30 units per acre, the allowable project height may be increased. The height increase shall be equivalent to one foot above the maximum for each additional 5% (in excess of the city requirements) of the total number of units that are proposed as BMR units, but may not exceed a maximum height (50 feet). (D) Other incentives for development of BMR units, such as reduced setbacks and reduced open space, may be approved where at least 25% of the total units constructed are BMR units and subject to approval by the architectural review board. (3) The provisions of this section are intended to address the density bonus requirements of state law within the PTOD District. The maximum bonus density available under this section shall be the greater of the bonus density allowed under this chapter or under the city's density bonus provisions contained in Chapter 18.15. SECTION 20. Sections 18.40.030 (Measurement), 18.40.70 (Projections into Yards) and 18.40.090 Height Exceptions) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) of PAMC are amended to read as follows: 18.40.030 Measurement. Distances between buildings, or between any structure and any property line, setback line, or other line or location prescribed by this title shall be measured to the nearest vertical support or wall of such structure. Where one or more buildings do not have vertical exterior walls, the distances between the buildings shall be prescribed by the building official. SECTION 21. Sections 18.52.060 (Parking Assessment Districts and Areas-General) and 18.52.070 (Parking Regulations for CD Assessment District) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the PAMC are amended to read as follows: 18.52.060 Parking Assessment Districts and Areas -General (b) In-lieu fees Within any parking assessment district established by the city for the purpose of providing off- street parking facilities, all or a portion of the off-street parking requirement for a use may be satisfied by payment of assessments or fees levied by such district on the basis of parking spaces required but not provided. 18.52.070 Parking Regulations for CD Assessment District 151014 jb 0131490F 30 December 15, 2015 DocuSign Envelope ID: OA589A80-D 1 A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy With respect to on-site and off-site parking space requirements for nonresidential uses within an assessment district wherein properties are assessed under a Bond Plan G financing pursuant to Title 13, the requirements of this Section 18.52.040 shall apply in the CD Assessment district in lieu of comparable requirements in this Chapter 18.52. Requirements for the size and other design criteria for parking spaces shall continue to be governed by the provisions of Chapter 18.54. SECTION 22. Sections 18.70.010 (General Application) and 18.70 .080 (Noncomplying Facility Enlargement) of Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of the PAMC are amended to read as follows: 18.70.010 General application. Except as provided by this Title or otherwise provided by law, a nonconforming use may be continued, and a structure containing or used by one or more nonconforming uses may be maintained, or a noncomplying facility may be maintained. A nonconforming use is a use which existed legally under the provisions of its zoning classification prior to a rezoning action or annexation which rendered such use not in conformance with the provisions of such new zoning classification. A noncomplying facility is a facility which existed legally under the provisions of its zoning classification prior to a rezoning action or annexation which rendered such facility not in compliance with the provisions of such new zoning classification. 18.70.080 Noncomplying facility -Enlargement. (a) Except as specifically permitted by subsection (b) hereof or by Section 18.12.050(a), no enlargement, expansion, or other addition or improvement to a noncomplying facility shall be permitted which increases the noncompliance. This section shall not be construed to prohibit enlargement or improvement of a facility, otherwise permitted by this title, which does not affect the particular degree of or manner in which the facility does not comply with one or more provisions of this title. (b) Except in areas designated as special study areas, the director of planning and community environment may permit minor additions of floor area to noncomplying facilities in the commercial CC, CS and CN zones and in the industrial MOR, ROLM, RP and GM districts, subject to applicable site development regulations, for purposes of on-site employee amenities, resource conservation, or code compliance, upon the determination that such minor additions will not, of themselves, generate substantial additional employment. Such additions may include, but not be limited to, the following: (1) Amenity space area designed and used solely for providing on-site services to employees of the facility, such as recreational facilities, credit unions, cafeterias, on-site laundry facilities, and daycare facilities. (2) Area designated for resource conservation, such as trash compactors, recycling and thermal storage facilities; and 151014 jb 0131490F 31 December 15, 2015 DocuSign Envelope I 0 : OA589A80-D 1A4-4 7 A9-BE16-EA309831 E27 A Courtesy Copy (3) Area designed and required for hazardous materials storage facilities, handicapped access, and seismic upgrades. SECTION 23. Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals} of Title 18 (Zoning) of PAMC is amended to read as follows: 18.76.020 Architectural Review (b) Applicability (2) Major Projects. The following are "major projects" for the purposes of the architectural review process set forth in Section 18.77.070, and are subject to review by the architectural review board: (E) Any project using transferred development rights, as described in Chapter 18.18. SECTION 24. Sections 18.77.060 (Standard Staff Review Process), 18.77.070 (Architectural Review Process), and 18.77.075 (Low-Density Residential Review Process) of Chapter 18.77 (Processing of Permits and Approvals} of Title 18 (Zoning) the Palo Alto Municipal Code are amended to read as follows: 18.77.060 Standard Staff Review Process (f) Decision by the Council The recommendation of the planning and transportation commission on the application shall be placed on the consent calendar of the council within W 45 days. The council may: (1) Adopt the findings and recommendation of the planning and transportation commission; or (2) Remove the recommendation from the consent calendar, which shall require three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application. 18.77.070 Architectural Review Process 151014jb0131490F 32 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-4 7 A9-BE16-EA3D9B31 E27 A Courtesy Copy (d) Decision by the Director Upon receipt of a recommendation of the architectural review board : (1) Within 5 working days, the director shall prepare a written decision to approve the application, approve it with conditions, or deny it. (f) Decision by the City Council The appeal of the director's decision shall be placed on the consent calendar of the city council within 45 days . The city council may: {1) Adopt the findings and decision of the director; or {2) Remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application. 18.77.075 Low-density Residential Review Process (f) Final Director's Decision (g) Decision by the City Council If a timely appeal is received by the City, the director's decision on the application shall be placed on the consent calendar of the city council within 45 days. The city council may: {1) Adopt the findings and recommendation of the director; or (2) Remove the recommendation from the consent calendar, which shall require three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application. SECTION 25. 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 26. 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 151014jb0131490F 33 December 15, 2015 DocuSign Envelope ID: OA589A80-D1A4-47 A9-BE16-EA3D9831 E27 A Courtesy Copy 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 27. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b) and 15301, 15302 and 15305 because it simply provides a comprehensive permitting scheme. SECTION 28. This ordinance shall not apply to any planning or land use applications deemed complete as of the effective date of this ordinance. SECTION 29. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: December 7, 2015 PASSED : January 11, 2016 AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING : ATIEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Asst. City Attorney City Manager 151014 jb 0131490F 34 December 15, 2015 DocuSign Envelope 10: OA589A80-D1A4-4 7A9-BE16-EA309B31 E27 A Courtesy Copy 151014 jb 0131490F 35 Director of Planning & Community Environment December 15, 2015 Docu~. " .SECUAlD Certificate Of Completion Envelope ld: OA589A80D 1A44 7 A9BE 16EA3D9B31 E27 A Status: Completed Subject: Please DocuSign these documents: ORO 5373 Amending Planning Code November 4 Revised.pdf, ORD 5373 ... Source Envelope: Document Pages: 69 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Signatures: 3 Initials: 0 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 1/20/2016 2:39:59 PM Signer Events Cara Silver cara.silver@cityofpaloalto.org Senior Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/15/2015 5:07:16 PM ID: 11910ed1-61d1-4ff3-9cf9-f4eb5a0768e2 Hillary Gitelman Hillary.Gitelman@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered ID: James Keene james.keene@cityofpaloalto.org City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM ID: 44fe333a-6a81-4cb7-b7d4-925473ac82e3 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Signature lrDocuSigned by: ~:.0~::,. Using IP Address: 199.33.32.254 (--; DocuSigned by: l!~~1F~~ Using IP Address: 199.33.32.254 Using IP Address: 199.33.32.254 Signature Status Status Status Envelope Originator: Kim Lunt 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254 Location: DocuSign Timestamp Sent: 1/20/2016 2:45:31 PM Viewed: 1/20/2016 3:15:36 PM Signed: 1120/2016 3:17:35 PM Sent: 1/20/2016 3:17:37 PM Viewed: 1/20/2016 6:11:56 PM Signed: 1/20/2016 6:13:11 PM Sent: 1/20/2016 6:13:14 PM Viewed: 1/21/20161:05:04 PM Signed: 1/21/2016 1:05:39 PM Timestamp Timestamp Timestamp Timestamp