HomeMy WebLinkAbout2015-10-26 Ordinance 5356DocuSign Envelope ID: 46C3AD48-24AB-4CA4-883F-4C164CE9BEF9
Ordinance No. 5356
Ordinance of the Council of the City of Palo Alto Amending Chapters
18.18, Downtown Commercial {CD) District and 18.52, Parking and
Loading Requirements, to Eliminate Certain Parking Exemptions within
the Downtown Area
The Council of the City of Palo ORDAINS as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and
declares as follows:
A. Parking demand in downtown Palo Alto has increased since the end of the
recession, with parking occupancies in the Downtown neighborhoods increasing to over 100
percent during peak noontime hours.
B. In the same period, there have been increasing spill-over impacts on nearby
residential streets as employees and customers seek parking outside of the commercial
core, causing the City to pursue the first ever residential preferential parking program in
downtown.
C. Development of new office space has continued to occur, and existing office
space is fully occupied, evidenced by the low 2.83 vacancy rate at the end of 2014, as
reported by Newmark Cornish & Carey.
D. No new public parking structures have been added to the City's inventory since
2003.
E. The lack of available daytime downtown parking for employees has resulted in
complaints from both merchants and other businesses about the lack of parking for their
employees. At the same time, the lack of available daytime downtown parking for
employees has also resulted in complaints from residents in the downtown and adjacent
areas about congested parking in their neighborhoods.
F. The lack of available daytime downtown parking results in traffic seeking
available parking spaces to circulate for longer periods of time, resulting in related impacts
on air quality from increased emissions.
G. The Downtown Parking Code was adopted at a time when the downtown was
underdeveloped and incentives for redevelopment were needed. One of the primary
incentives incorporated into the Code was a series of parking exemptions. These parking
exemptions contributed to encouraging both the rehabilitation of historic and seismically
unsafe buildings and redevelopment in the Downtown core in general. The City is now at a
point where most of the historic and seismically unsafe buildings have been renovated and
the downtown has transformed into an economically thriving area.
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H. Recognizing these facts, on November 4, 2013, the City Council adopted an
interim ordinance eliminating a number of these parking exemptions on an interim basis.
These included the parking exemption related to the 200 square foot Minor Floor Area
Bonus for buildings not eligible for Historic Bonus; the Transfer of Development Rights
provision that allows a 5,000 square foot floor area exemption from on-site parking
requirements and for floor area transferred to a receiver site within the CD zone district;
and the parking exemption for floor area developed or used previously for non-residential
purposes and vacant at the time of the engineer's report during the parking district
assessment.
I. The Palo Alto Zoning Ordinance Chapters 18.18 (Downtown Commercial District)
and 18.52 (Parking and Loading Requirements) provide for a variety of exemptions and
reductions to parking requirements within the downtown area that result in less parking
being provided than the calculated demand for parking in new projects.
J. The Transfer of Development Rights provisions for Historic and Seismic Upgrades
to Structures and the minor floor area bonuses were enacted to encourage restoration of
historic buildings and to make existing structures seismically safe and the program has been
successful. However continued application of the parking exemptions granted by these
provisions will exacerbate Downtown parking deficiencies.
SECTION 2. Subsection 18.18.070(a) (Floor Area Bonuses) of Title 18 (Zoning) of the
Palo Alto Municipal Code is amended to read as follows:
(a) Available Floor Area Bonuses
(1) Minor Bonus for Buildings Not Eligible for Historic or Seismic Bonus
A building that is neither in Historic Category 1 or 2 nor in Seismic Category I, II, or Ill
shall be allowed to increase its floor area by 200 square feet without having this increase
count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor
area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict
or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus is not subject to transfer and
must be fully parked. In addition to any applicable parking provisions, this bonus may be
parked by the payment of in lieu parking fees under Section 18.18.090.
(2) Seismic Rehabilitation Bonus
A building that is in Seismic Category I, II, or Ill, and is undergoing seismic
rehabilitation, but is not in Historic Category 1 or 2, shall be allowed to increase its floor
area by 2,500 square feet or 25% of the existing building, whichever is greater, without
having this increase count toward the FAR, subject to the restrictions in subsection {b). Such
increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the
CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus area must be
fully parked. In addition to any applicable parking provisions, this bonus may be parked by
the payment of in lieu parking fees under Section 18.18.090.
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(3) Historic Rehabilitation Bonus
A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation,
but is not in Seismic Category I, II, or Ill, shall be allowed to increase its floor area by 2,500
square feet or 25% of the existing building, whichever is greater, without having this
increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in
floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C
subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in
subsection (5). This bonus area must be fully parked. In addition to any applicable parking
provisions, this bonus may be parked by the payment of in lieu parking fees under Section
18.18.090.
(4) Combined Historic and Seismic Rehabilitation Bonus
A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation,
and is also in Seismic Category I, II, or Ill, and is undergoing seismic rehabilitation, shall be
allowed to increase its floor area by 5,000 square feet or 50% of the existing building,
whichever is greater, without having this increase count toward the FAR, subject to the
restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings
that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S
subdistricts, except as provided in subsection (5). This bonus area must be fully parked. In
addition to any applicable parking provisions, this bonus may be parked by the payment of
in lieu parking fees under Section 18.18.090.
(5) Historic Bonus for Over-Sized buildings
A building in Historic Category 1 or 2 that is undergoing historic rehabilitation and
that currently exceeds a FAR of 3.0:1 if located in the CD-C subdistrict or 2.0:1 if located in
the CD-S or CD-N subdistricts shall nevertheless be allowed to obtain a floor area bonus of
50% of the maximum allowable floor area for the site of the building, based upon a FAR of
3.0:1 if in the CD-C subdistrict and a FAR of 2.0:1 in the CD-S and CD-N subdistricts, subject
to the restrictions in subsection (b) and the following limitation:
(A) The floor area bonus shall not be used on the site of the Historic Category 1 or 2
building, but instead may be transferred to another property or properties under the
provisions of Section 18.18.080.
SECTION 3. Section 18.18.080 (Transfer of Development Rights) of Title 18 (Zoning)
of the Palo Alto Municipal Code is amended to read as follows:
18.18.080 Transfer of Development Rights
(a) Purpose
The purpose of this section is to implement the Comprehensive Plan by encouraging
seismic rehabilitation of buildings in Seismic Categories I, II, and Ill, and encouraging historic
rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing
standards and procedures for the transfer of specified development rights from such sites
to other eligible sites. Except as provided in subsection (e)(1) and for city-owned properties
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as provided in Chapter 18.28, this section is applicable only to properties located in the CD
district, and is the exclusive procedure for transfer of development rights for properties so
zoned.
(b) Establishment of Forms
The city may from time to time establish application forms, submittal requirements,
fees and such other requirements and guidelines as will aid in the efficient implementation
of this chapter.
(c) Eligibility for Transfer of Development Rights
Transferable development rights may be transferred to an eligible receiver site
upon:
(1) certification by the city pursuant to Section 18.18.070 of the floor area from the
sender site which is eligible for transfer, and
(2) compliance with the transfer procedures set forth in subsection (h).
(d) Availability of Receiver Sites
The city does not guarantee that at all times in the future there will be sufficient
eligible receiver sites to receive such transferable development rights.
(e) Eligible Receiver Sites
A site is eligible to be a receiver site only if it meets all of the following criteria:
(1) It is located in the CD commercial downtown district, or is located in a planned
community (PC) district if the property was formerly located in the CD commercial
downtown district and the ordinance rezoning the property to planned community (PC)
approves the use of transferable development rights on the site.
(2) It is neither an historic site, nor a site containing a historic structure, as those
terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and
(3) The site is either:
(A) located at least 150 feet from any property zoned for residential use, not
including property in planned community zones or in commercial zones within the
downtown boundaries where mixed use projects are.
(B) separated from residentially zoned property by a city street with a width of
at least 50 feet, and separated from residentially zoned property by an intervening property
zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet.
(f) Limitations On Usage of Transferable Development Rights
No otherwise eligible receiver site shall be allowed to utilize transferable
development rights under this chapter to the extent such transfer would:
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(1} Be outside the boundaries of the downtown parking assessment district, result in
a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted
for that site under Section 18.18.060, whichever is greater, or result in total additional floor
area of more than 10,000 square feet.
(2} Be within the boundaries of the downtown parking assessment district, result in
a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted
for that site under Section 18.18.060, whichever is greater, or result in total additional floor
area of more than 10,000 square feet.
(3} Cause the development limitation or project size limitation set forth in
Section 18.18.040 to be exceeded.
(4} Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in
the CD-S or CD-N subdistricts.
(g) Parking Requirements
The first 5,000 Setl:lare feet of floor area traRsferreel to a reeeiver site, whether
loeateel iR the CD Distriet or iR the PC Distriet, shall be m<ernpt from the otherwise
applieable OR site parkiRg reetl:lirerneRts. Any aelelitioRal square footage allowed to
be transferred to a receiver site pursuant to this chapter shall be subject to the parking
regulations applicable to the district in which the receiver site is located.
(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 .
(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.
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(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 le.48.120
18.76.020 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 for
approval under Chapter -19,4818.76 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.
(i) Purchase or Conveyance of TORs-Documentation
(1) Transferable development rights may be sold or otherwise conveyed by their
owner(s) to another party. However, no such sale or conveyance shall be effective unless
evidenced by a recorded document, signed by the transferor and transferee and in a form
designed to run with the land and satisfactory to the city attorney. The document shall
clearly identify the sender site and the amount of floor area transferred and shall also be
filed with the department of planning and community environment.
(2) Where transfer of TORs is made directly to a receiver site, the recorded
confirmation of transfer described in subsection (h)(4) shall satisfy the requirements of this
section.
SECTION 4. Subsection 18.18.090(b) (Exceptions to On-Site Parking Requirement) of
Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
(b) Exceptions to On-Site Parking Requirement
The requirement for on-site parking provided in subsection (a) of this section shall
not apply in the following circumstances:
(1) The following square footage shall be exempt from the on-site parking
requirement of subsection (a):
(A) Square footage for handicapped access which does not increase the
usable floor area, as determined by Section 18.18.060(e);
U~) 1\R iRerease iR SE!~are footage iR eoRj~RetioR witi:l seismie or i:listorie
rei:laeilitatioR, p~rs~aRt to SeetioR 18.18.070;
(C) 1\R iRerease iR SE!~are footage for e~iiEiiRgs ROt iR Seismi€ eategory I, II, or
Ill or ~istorie eategory 1 or 2 p~rs~aRt to SeetioR 18.18.070(a)(1);
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(.Q,!!) Square footage for at or above grade parking, though such square
footage is included in the FAR calculations in Section 18.18.060(a).
(2) A conversion to commercial use of a historic building in Categories 1 and 2 shall
be exempt from the on-site parking requirement in subsection (a), provided that the
building is fifty feet or less in height and has most recently been in residential use . Such
conversion, in order to be exempt, shall be done in conjunction with exterior historic
rehabilitation approved by the director of planning and community environment upon the
recommendation of the architectural review board in consultation with the historic
resources board. Such conversion must not eliminate any existing on-site parking.
{3) Vacant parcels shall be exempt from the requirements of subsection (a) of this
section at the time when development occurs as provided herein. Such development shall
be exempt to the extent of parking spaces for every one thousand square feet of site area,
provided that such parcels were at some time assessed for parking under a Bond Plan E
financing pursuant to Chapter 13.16 or were subject to other ad valorem assessments for
parking.
{4) No new parking spaces will be required for a site in conjunction with the
development or replacement of the amount of floor area used for nonresidential use equal
to the amount of adjusted square footage for the site shown on the engineer's report for
fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or
improvements in that certain area of the city delineated on the map of the University
Avenue parking assessment district entitled, "Proposed Boundaries of University Avenue
Off-Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa
Clara, State of California," dated October 30, 1978, and on file with the city clerk. 1=4ewever,
SEI~:tare feetage which '#as devele13ed fer nenresidential13~:tr13eses er which has seen ~:~sed
fer nenresidential13~:tr13eses l:l~:~t which is net ~:~sed fer s~:~ch 131:1r13eses d~:~e te vacanc'( at the
tiffie ef the engineer's re13ert shall l:le incl~:~ded in the affie~:~nt ef fleer area El~:talif'(ing fer this
elEeffijltien . No exemption from parking requirements shall be available where a residential
use changes to a nonresidential use, except pursuant to subsection (2).
SECTION 5. Subsection 18.52.070(a) {Parking Regulations for CD Assessment District,
On Site Parking) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as
follows:
(a) On Site Parking
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, shall provide one parking space for each two hundred fifty gross square feet of
floor area, with the following exceptions:
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(1) Square footage for:
(A) Handicapped access which does not increase the usable floor area,
pursuant to Section 18.18.070(CD District Floor Area Bonuses).
(8) An increase in SE!l:lare footage grantee! for seismic rehabilitation, pl:lrsl:lant
to Section 18.18.070 (CD Qistriet f:leer Ar:ee BeRblses).
(t,!!) Category I or II Historic Structures may take advantage of the following
exceptions during the life of the historic building:
(i) An increase in SE!l:lare footage pl:lrslo:lant to CO FAR Exceptions for ~istoric
Strlo:!Ctlo:lres as containeel in Section 18.49.0€iO(b)(~), anel
(i+) A conversion to commercial use that is SO feet or less in height and that
has most recently been in residential use, if such conversion is done in conjunction with
exterior historic rehabilitation approved by the director upon recommendation by the
Architectural Review Board and in consultation with the Historic Resource Board. Such
conversion must not eliminate any existing on-site parking.
(O) A minor increase of tv.·o hl:lnelreel SE!lo:lare feet or less, plo:IFSlo:lant to CO
elistrict FAR Exceptions for ~istoric Strlo:lctlo:lres as containeel in Section 18.49.0€iO(b)(4).
(€£) At or above grade parking, though included in the site FAR calculations
(pursuant to CD district FAR Exceptions for non-historical/non-seismic buildings in Section
18.49.060(a)) shall not be included in the on-site parking regulations of this section.
(2) Vacant parcels subject to redevelopment shall be exempt at the time when
development occurs from the on-site parking requirements of one parking space for each
two hundred fifty gross square feet of floor area to the extent of 0.3 parking spaces for
every one thousand square feet of site area, provided that such parcels were at some time
assessed for parking under a Bond PlanE financing pursuant to Chapter 13.16 or were
subject to other ad valorem assessments for parking.
(3) No new parking spaces will be required for a site in conjunction with the
development or replacement of the amount of floor area used for nonresidential use equal
to the amount of adjusted square footage for the site shown on the engineer's report for
fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or
improvements in that certain area of the city delineated on the map of the University
Avenue parking assessment district, entitled Proposed Boundaries of University Avenue Off-
Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa Clara,
State of California, dated October 30, 1978, and on file with the city clerk. 1-oiovv'ever, SEjlo:lare
footage ·.vhich was ele·v'elopeel for nonresielential pl:lrposes or ·.vhich has been lo:lseel for
nonresielential plo:lrposes blo:lt which is not lo:!Seel for Slo:lch pl:lrposes ell:le to vacancy at the time
of the engineer's report shall be incllo:leleel in the amolo:lnt of floor area Ejlo:lalifying for this
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exemption. No exemption parking requirements shall be available where a residential use
changes to a nonresidential use, except pursuant to subdivision {1)(C) of this subsection.
SECTION 6. CEQA. The proposed Ordinance eliminates certain exemptions to the
parking regulations within the Downtown area of the City of Palo Alto, which will result in
projects that will comply with the remaining parking regulations established in the Palo Alto
Municipal Code. Further, each individual project submitted under the revised regulations
will be subject to its own environmental review. Consequently, this ordinance is exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations since it can be seen
with certainty that there is no possibility the adoption and implementation of this
Ordinance may have a significant effect on the environment and Section 15301 in that this
proposed ordinance will have a minor impact on existing facilities.
SECTION 7. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 8. Applicability to Pipeline Projects. This ordinance shall not apply to any
projects which have received all final planning entitlement approval as of the ordinance's
effective date; however such projects may be subject to earlier adopted interim ordinances.
Any bonus square footage certified and recorded under Sections 18.18.070 prior to the
effective date of this ordinance shall continue to be exempt from parking to the extent
previously allowed under Sections 18.18.080 and 18.52.070. Staff is authorized to establish
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administrative regulations to administer the inventory and transfer of this bonus
square footage.
SECTION 9. Effective Date. This ordinance shall be effective on the thirty-first date
after the date of its adoption.
INTRODUCED: October 5, 2015
PASSED: October 26, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID,
WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATIEST:
~
City Clerk
APPROVED AS TO FORM:
G=:'Si~
C2CEDD84ABC3429 ...
Senior Assistant City Attorney
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Mayor
APPROVED:
QDocuSign.ed by:
l!J·K!ff-~
3QFl2QBfB?QMDB
City Manager
('UDocuSigned by:
~~F~~
Director of Planning & Community
Environment
Revised 10-7-15
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Ordinance No. 5356
Ordinance of the Council of the City of Palo Alto Amending Chapters
18.18, Downtown Commercial {CD) District and 18.52, Parking and
Loading Requirements, to Eliminate Certain Parking Exemptions within
the Downtown Area
The Council of the City of Palo ORDAINS as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and
declares as follows:
A. Parking demand in downtown Palo Alto has increased since the end of the
recession, with parking occupancies in the Downtown neighborhoods increasing to over 100
percent during peak noontime hours.
B. In the same period, there have been increasing spill-over impacts on nearby
residential streets as employees and customers seek parking outside of the commercial
core, causing the City to pursue the first ever residential preferential parking program in
downtown.
C. Development of new office space has continued to occur, and existing office
space is fully occupied, evidenced by the low 2.83 vacancy rate at the end of 2014, as
reported by Newmark Cornish & Carey.
D. No new public parking structures have been added to the City's inventory since
2003.
E. The lack of available daytime downtown parking for employees has resulted in
complaints from both merchants and other businesses about the lack of parking for their
employees. At the same time, the lack of available daytime downtown parking for
employees has also resulted in complaints from residents in the downtown and adjacent
areas about congested parking in their neighborhoods.
F. The lack of available daytime downtown parking results in traffic seeking
available parking spaces to circulate for longer periods of time, resulting in related impacts
on air quality from increased emissions.
G. The Downtown Parking Code was adopted at a time when the downtown was
underdeveloped and incentives for redevelopment were needed. One of the primary
incentives incorporated into the Code was a series of parking exemptions. These parking
exemptions contributed to encouraging both the rehabilitation of historic and seismically
unsafe buildings and redevelopment in the Downtown core in general. The City is now at a
point where most of the historic and seismically unsafe buildings have been renovated and
the downtown has transformed into an economically thriving area.
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H. Recognizing these facts, on November 4, 2013, the City Council adopted an
interim ordinance eliminating a number of these parking exemptions on an interim basis.
These included the parking exemption related to the 200 square foot Minor Floor Area
Bonus for buildings not eligible for Historic Bonus; the Transfer of Development Rights
provision that allows a 5,000 square foot floor area exemption from on-site parking
requirements and for floor area transferred to a receiver site within the CD zone district;
and the parking exemption for floor area developed or used previously for non-residential
purposes and vacant at the time of the engineer's report during the parking district
assessment.
I. The Palo Alto Zoning Ordinance Chapters 18.18 (Downtown Commercial District)
and 18.52 (Parking and Loading Requirements) provide for a variety of exemptions and
reductions to parking requirements within the downtown area that result in less parking
being provided than the calculated demand for parking in new projects.
J. The Transfer of Development Rights provisions for Historic and Seismic Upgrades
to Structures and the minor floor area bonuses were enacted to encourage restoration of
historic buildings and to make existing structures seismically safe and the program has been
successful. However continued application of the parking exemptions granted by these
provisions will exacerbate Downtown parking deficiencies.
SECTION 2. Subsection 18.18.070(a) (Floor Area Bonuses) of Title 18 (Zoning) of the
Palo Alto Municipal Code is amended to read as follows:
(a) Available Floor Area Bonuses
(1) Minor Bonus for Buildings Not Eligible for Historic or Seismic Bonus
A building that is neither in Historic Category 1 or 2 nor in Seismic Category I, II, or Ill
shall be allowed to increase its floor area by 200 square feet without having this increase
count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor
area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict
or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus is not subject to transfer and
must be fully parked. In addition to any applicable parking provisions, this bonus may be
parked by the payment of in lieu parking fees under Section 18.18.090.
(2) Seismic Rehabilitation Bonus
A building that is in Seismic Category I, II, or Ill, and is undergoing seismic
rehabilitation, but is not in Historic Category 1 or 2, shall be allowed to increase its floor
area by 2,500 square feet or 25% of the existing building, whichever is greater, without
having this increase count toward the FAR, subject to the restrictions in subsection (b). Such
increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the
CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus area must be
fully parked. In addition to any applicable parking provisions, this bonus may be parked by
the payment of in lieu parking fees under Section 18.18.090.
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(3) Historic Rehabilitation Bonus
A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation,
but is not in Seismic Category I, II, or Ill, shall be allowed to increase its floor area by 2,500
square feet or 25% of the existing building, whichever is greater, without having this
increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in
floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C
subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in
subsection (5). This bonus area must be fully parked. In addition to any applicable parking
provisions, this bonus may be parked by the payment of in lieu parking fees under Section
18.18.090.
(4) Combined Historic and Seismic Rehabilitation Bonus
A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation,
and is also in Seismic Category I, II, or Ill, and is undergoing seismic rehabilitation, shall be
allowed to increase its floor area by 5,000 square feet or 50% of the existing building,
whichever is greater, without having this increase count toward the FAR, subject to the
restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings
that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S
subdistricts, except as provided in subsection (5). This bonus area must be fully parked. In
addition to any applicable parking provisions, this bonus may be parked by the payment of
in lieu parking fees under Section 18.18.090.
(5) Historic Bonus for Over-Sized buildings
A building in Historic Category 1 or 2 that is undergoing historic rehabilitation and
that currently exceeds a FAR of 3.0:1 if located in the CD-C subdistrict or 2.0:1 if located in
the CD-S or CD-N subdistricts shall nevertheless be allowed to obtain a floor area bonus of
50% of the maximum allowable floor area for the site of the building, based upon a FAR of
3.0:1 if in the CD-C subdistrict and a FAR of 2.0:1 in the CD-S and CD-N subdistricts, subject
to the restrictions in subsection (b) and the following limitation:
(A) The floor area bonus shall not be used on the site of the Historic Category 1 or 2
building, but instead may be transferred to another property or properties under the
provisions of Section 18.18.080.
SECTION 3. Section 18.18.080 (Transfer of Development Rights) of Title 18 (Zoning)
of the Palo Alto Municipal Code is amended to read as follows:
18.18.080 Transfer of Development Rights
(a) Purpose
The purpose of this section is to implement the Comprehensive Plan by encouraging
seismic rehabilitation of buildings in Seismic Categories I, II, and Ill, and encouraging historic
rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing
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standards and procedures for the transfer of specified development rights from such sites
to other eligible sites. Except as provided in subsection (e}(1} and for city-owned properties
as provided in Chapter 18.28, this section is applicable only to properties located in the CD
district, and is the exclusive procedure for transfer of development rights for properties so
zoned.
(b) Establishment of Forms
The city may from time to time establish application forms, submittal requirements,
fees and such other requirements and guidelines as will aid in the.efficient implementation
of this chapter.
(c) Eligibility for Transfer of Development Rights
Transferable development rights may be transferred to an eligible receiver site
upon:
(1} certification by the city pursuant to Section 18.18.070 of the floor area from the
sender site which is eligible for transfer, and
(2} compliance with the transfer procedures set forth in subsection (h).
(d) Availability of Receiver Sites
The city does not guarantee that at all times in the future there will be sufficient
eligible receiver sites to receive such transferable development rights.
(e) Eligible Receiver Sites
A site is eligible to be a receiver site only if it meets all of the following criteria:
(1} It is located in the CD commercial downtown district, or is located in a planned
community (PC) district if the property was formerly located in the CD commercial
downtown district and the ordinance rezoning the property to planned community (PC}
approves the use of transferable development rights on the site.
(2) It is neither an historic site, nor a site containing a historic structure, as those
terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and
(3} The site is either:
(A) located at least 150 feet from any property zoned for residential use, not
including property in planned community zones or in commercial zones within the
downtown boundaries where mixed use projects are .
(B) separated from residentially zoned property by a city street with a width of
at least 50 feet, and separated from residentially zoned property by an intervening property
zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet.
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{f) Limitations On Usage of Transferable Development Rights
No otherwise eligible receiver site shall be allowed to utilize transferable
development rights under this chapter to the extent such transfer would:
{1) Be outside the boundaries of the downtown parking assessment district, result in
a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted
for that site under Section 18.18.060, whichever is greater, or result in total additional floor
area of more than 10,000 square feet.
{2) Be within the boundaries of the downtown parking assessment district, result in
a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted
for that site under Section 18.18.060, whichever is greater, or result in total additional floor
area of more than 10,000 square feet.
{3) Cause the development limitation' or project size limitation set forth in
Section 18.18.040 to be exceeded.
{4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in
the CD-S or CD-N subdistricts.
{g) Parking Requirements
Any square footage allowed to be transferred to a receiver site pursuant to this
chapter shall be subject to the parking regulations applicable to the district in which the
receiver site is located.
{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 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.
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(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 Section 18.76.020 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 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.
(i) Purchase or Conveyance of TDRs-Documentation
(1) Transferable development rights may be sold or otherwise conveyed by their
owner(s) to another party. However, no such sale or conveyance shall be effective unless
evidenced by a recorded document, signed by the transferor and transferee and in a form
designed to run with the land and satisfactory to the city attorney. The document shall
clearly identify the sender site and the amount of floor area transferred and shall also be
filed with the department of planning and community environment.
(2) Where transfer of TDRs is made directly to a receiver site, the recorded
confirmation of transfer described in subsection (h)(4) shall satisfy the requirements of this
section.
SECTION 4. Subsection 18.18.090(b) (Exceptions to On-Site Parking Requirement) of
Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
(b) Exceptions to On-Site Parking Requirement
The requirement for on-site parking provided in subsection (a) of this section shall
not apply in the following circumstances:
(1) The following square footage shall be exempt from the on-site parking
requirement of subsection (a):
(A) Square footage for handicapped access which does not increase the
usable floor area, as determined by Section 18.18.060{e);
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(B) Square footage for at or above grade parking, though such square
footage is included in the FAR calculations in Section 18.18.060(a).
(2) A conversion to commercial use of a historic building in Categories 1 and 2 shall
be exempt from the on-site parking requirement in subsection (a), provided that the
building is fifty feet or less in height and has most recently been in residential use. Such
conversion, in order to be exempt, shall be done in conjunction with exterior historic
rehabilitation approved by the director of planning and community environment upon the
recommendation of the architectural review board in consultation with the historic
resources board. Such conversion must not eliminate any existing on-site parking.
(3) Vacant parcels shall be exempt from the requirements of subsection (a) of this
section at the time when development occurs as provided herein. Such development shall
be exempt to the extent of parking spaces for every one thousand square feet of site area,
provided that such parcels were at some time assessed for parking under a Bond Plan E
financing pursuant to Chapter 13.16 or were subject to other ad valorem assessments for
parking.
(4) No new parking spaces will be required for a site in conjunction with the
development or replacement of the amount of floor area used for nonresidential use equal
to the amount of adjusted square footage for the site shown on the engineer's report for
fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or
improvements in that certain area of the city delineated on the map of the University
Avenue parking assessment district entitled, "Proposed Boundaries of University Avenue
Off-Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa
Clara, State of California," dated October 30, 1978, and on file with the city clerk. No
exemption from parking requirements shall be available where a residential use changes to
a nonresidential use, except pursuant to subsection (2).
SECTION 5. Subsection 18.52.070(a) (Parking Regulations for CD Assessment District,
On Site Parking) of Title 18 (Zoning) of the Palo· Alto Municipal Code is amended to read as
follows:
(a) On Site Parking
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, shall provide one parking space for each two hundred fifty gross square feet of
floor area, with the following exceptions:
(1) Square footage for:
(A) Handicapped access which does not increase the usable floor area,
pursuant to Section 18.18.070(CD District Floor Area Bonuses).
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(B) Category I or II Historic Structures may take advantage of the following
exceptions during the life of the historic building:
(i) A conversion to commercial use that is 50 feet or less in height and that
has most recently been in residential use, if such conversion is done in conjunction with
exterior historic rehabilitation approved by the director upon recommendation by the
Architectural Review Board and in consultation with the Historic Resource Board. Such
conversion must not eliminate any existing on-site parking.
(C) At or above grade parking, though included in the site FAR calculations
(pursuant to CD district FAR Exceptions for non-historical/non-seismic buildings in Section
18.49.060(a)) shall not be included in the on-site parking regulations of this section.
(2) Vacant parcels subject to redevelopment shall be exempt at the time when
development occurs from the on-site parking requirements of one parking space for each
two hundred fifty gross square feet of floor area to the extent of 0.3 parking spaces for
every one thousand square feet of site area, provided that such parcels were at some time
assessed for parking under a Bond PlanE financing pursuant to Chapter 13.16 or were
subject to other ad valorem assessments for parking.
(3) No new parking spaces will be required for a site in conjunction with the
development or replacement of the amount of floor area used for nonresidential use equal
to the amount of adjusted square footage fo r the site shown on the engineer's report for
fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or
improvements in that certain area of the city delineated on the map of the University
Avenue parking assessment district, entitled Proposed Boundaries of University Avenue Off-
Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa Clara,
State of California, dated October 30, 1978, and on file with the city clerk. No exemption
parking requirements shall be available where a residential use changes to a nonresidential
use, except pursuant to subdivision (1)(C) of this subsection.
SECTION 6. CEQA. The proposed Ordinance eliminates certain exemptions to the
parking regulations within the Downtown area of the City of Palo Alto, which will result in
projects that will comply with the remaining parking regulations established in the Palo Alto
Municipal Code. Further, each individual project submitted under the revised regulations
will be subject to its own environmental review. Consequently, this ordinance is exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations since it can be seen
with certainty that there is no possibility the adoption and implementation of this
Ordinance may have a significant effect on the environment and Section 15301 in that this
proposed ordinance will have a minor impact on existing facilities.
SECTION 7. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
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invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 8. Applicability to Pipeline Projects. This ordinance shall not apply to any
projects which have received all final planning entitlement approval as of the ordinance's
effective date; however such projects may be subject to earlier adopted interim ordinances.
Any bonus square footage certified and recorded under Sections 18.18.070 prior to the
effective date of this ordinance shall continue to be exempt from parking to the extent
previously allowed under Sections 18.18.080 and 18.52.070. Staff is authorized to establish
administrative regulations to administer the inventory and transfer of this bonus
square footage.
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SECTION 9. Effective Date. This ordinance shall be effective on the thirty-first date
after the date of its adoption.
INTRODUCED: October 5, 2015
PASSED: October 26, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF SCHMID, WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATIEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
150715 jb 0131463 10
Mayor
APPROVED:
City Manager
Director of Planning & Community
Environment
Revised 10-7-15
Docu~ ....
Certificate Of Completion
Envelope ld: 46C3AD4824AB4CA4883F4C164CE9BEF9 Status: Completed
Subject: Please DocuSign these documents: ORO 5356 Parking Regulations FINAL Revised 10-7-15.pdf, ORO 5356 ..
Source Envelope:
Document Pages: 20
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
12/11/2015 4:02:13 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 -b 7d4-9254 73ac82e3
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Holder: Kim Lunt
kimberly.lunt@cityofpaloalto.org
Signature
Using IP Address: 199.33.32.254
(UOocuSigned by:
L!~~,~~~
Using IP Address: 199.33.32.254
0 DocuSigned by:
l1t.:,:t!.
Using IP Address: 24 .7.29.7
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: 12/11/2015 4:06:39 PM
Viewed: 12/11/2015 4:16:24 PM
Signed: 12/11/2015 4:17:32 PM
Sent: 12/11/2015 4:17:33 PM
Viewed: 12/15/2015 8:37:43 AM
Signed: 12/15/2015 8:38:02 AM
Sent: 12/15/2015 8:38:04 AM
Viewed: 12/28/2015 8:38:33 AM
Signed: 12/28/2015 8:38:56 AM
Timestamp
Timestamp
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