HomeMy WebLinkAbout2009-04-27 Ordinance 5035Ordinance No. 5035
Ordinance of the Council of the City of Palo Alto Amending
Sections 18.16.060(d) (Neighborhood, Community, and
Service Commercial Zoning Districts), 18.18.060(d)
(Downtown Commercial District), 18.30(D) (Hotel
Combining District), and 18.34.040(c) (Pedestrian and Transit
Oriented Development Combining District) of Title 18
(Zoning) of the Municipal Code Regarding Development
Criteria for Hotel Development
The Council ofthe City of Palo Alto does ORDAIN as follows:
A. The City of Palo Alto updated its Zoning Ordinance (Title 18 of the Municipal
Code) in 2006 and 2007 to provide incentives to develop hotels in its commercial districts to
diversify commercial uses and to enhance potential revenue sources from transient occupancy
taxes; and.
B. Applications for hotel developments have recently been received by the City and
have highlighted inconsistencies or conflicts in the zoning regulations for hotels; and
C. Some of those applications propose hotel developments that would allow for stays
in excess of30 days, thereby potentially avoiding the payment of transient occupancy tax.
D. The City of Palo Alto City Council has determined that modifications to the
relevant zoning provisions are necessary to assure that incentives for hotel development are
appropriately tied to assurances that a full complement of transient occupancy taxes are paid to
the City.
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Service Commercial Districts) of the Municipal Code is hereby amended to read:
"18.16.060(d) Hotel Regulations
(1) The purpose of these regulations is to allow floor area for development of hotels in
excess of floor area limitations for other commercial uses, in order to provide a
visitor-serving use that results in an enhanced business climate, increased transient
occupancy tax and sales tax revenue, and other community and economic benefits to
the City.
(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1,
subject to the following limitations:
(A) The hotel use must generate transient occupancy tax (TOT) as provided in
Chapter 2.33 of the Palo Alto Municipal Code; and
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(B) No room stays in excess of 30 days are permitted, except where the City
Council approves longer stays through an enforceable agreement with the
applicant to provide for compensating revenues.
(3) Hotels may include residential condominium use, subject to:
(A) No more than 25% of the floor area shall be devoted to condominium use; and
(B) No more than 25% of the total number of lodging units shall be devoted to
condominium use; and
(C) A minimum FAR of 1.0 shall be provided for the hotel/condominium
building(s); and
(D) Where residential condominium use is proposed, room stays for other hotel
rooms shall not exceed 30 days.
(4) Violation of this chapter is subject to enforcement action for stays in excess of 30
days not permitted under the provisions of this chapter, in which case each day of
_____ ~r~o()l!L§tl!y in eX(;~§§mmof 30 days shalLc~mstitute a~~parate violation and
administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16.
SECTION 3. Section 18.18.060(d) of Title 18.16 (Downtown Commercial District) of
the Municipal Code is hereby amended to read:
"18.18.060(d) Hotel Regulations
(1) The purpose of these regulations is to allow floor area for development of hotels in
excess of floor area limitations for other commercial uses, in order to provide a
visitor-serving use that results in an enhanced business climate, increased transient
occupancy tax and sales tax revenue, and other community and economic benefits to
the City.
(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0: 1,
subject to the following limitations:
(A) The hotel use must generate transient occupancy tax (TOT) as provided in
Chapter 2.33 ofthe Palo Alto Municipal Code; and
(B) No room stays in excess of 30 days are permitted, except where the City
=======================lGoUllGil-apprev8s longer stay.s-tlirough-an-8nforeea:t;1e--agreement-wfth=th=e---... -....... -..... _-m~_
applicant to provide for compensating revenues.
(3) Hotels may include residential condominium use, subject to:
(A) No more than 25% ofthe floor area shall be devoted to condominium use; and
(B) No more than 25% of the total number of lodging units shall be devoted to
condominium use; and
(C) A minimum FAR of 1.0 shall be provided for the hotel/condominium
building(s); and
(D) Where residential condominium use is proposed, room stays for other hotel
rooms shall not exceed 30 days.
(4) Violation of this chapter is subject to enforcement action for stays in excess of 30
days not permitted under the provisions of this chapter, in which case each day of
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room stay in excess of 30 days shall constitute a separate violation and
administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16.
SECTION 4. Section 18.30(D) (Hotel Combining District) of Title 18 (Zoning) of the
Municipal Code is hereby amended to read:
"18.30(D).010 Specific Purposes
The hotel combining district is intended to modify the regulations of the research, office and
limited manufacturing (ROLM), research park (RP), and general manufacturing (OM) districts to
permit hotels in those districts and to develop to specified maximum floor area ratios, upon
rezoning to the (H) combining district, and subject to site and design review.
18.30(D).020 Applicability of Regulations
The combining district may be combined with a ROLM, RP, or OM district, in accord with
Chapter 18.20 of the Zoning Ordinance. Where so combined, the floor area regulations
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18.30(D).030 Zoning Map Designation
The hotel combining district 'shall apply to properties designated on the zoning map by the
symbol "H" within parentheses, following the research, office or limited manufacturing
(ROLM), research park (RP), or general manufacturing (OM) designation with which it is
combined.
18.30(D).040 Site Development Regulations
The site development regulations of Chapter 18.20 (ROLM, RP and OM), whichever is
applicable, shall apply except for the following:
(a) Floor Area Ratio. The maximum floor area ratio (FAR) for hotel use shall be 2.0 to 1 in the
ROLM, RP and OM districts.
(b) Site and design review pursuant to Chapter 18.30(0) shall apply to all proposed hotel uses
with a FAR in excess of 0.6 to 1."
SECTION 5. Section 18.34.040(c) (Pedestrian and Transit Oriented Development
Combining District) of Title 18 (Zoning) of the Municipal Code is hereby amended to read:
"( c) Hotels
(1) Hotels for the purpose of this section are defined as hotels, motels, or other lodging
for which City of Palo Alto transient occupancy tax is collected, consistent with the provisions
and limitations outlined in Section 18.16.060( d) for hotels in commercial zoning districts.
(2) Hotels may be constructed to a maximum FAR of 2.0 and a maximum height of 50
feet.
(3) All hotels are subject to the context-based design criteria outlined in Section
18.34.050 below."
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SECTION 6. The provisions of this ordinance shall apply to any and all projects except
those that have received final discretionary approval (architectural review, site and design
review, etc.) or final building pennit approval prior to the effective date ofthe ordinance.
SECTION 7. The City Council finds that the changes effected by this ordinance are
categorically exempt (per section 15305 (Class 5) of the CEQA Guidelines) from the provisions
of the California Environmental Quality Act (CEQA) as they comprise minor alterations to land
use limitations and can be seen to have no significant environmental impacts.
SECTION 8. This ordinance shall be effective on the 31st day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
April 13, 2009
April 27, 2009
YEH
NOT PARTICIPATING:
APPROVED AS TO FORM:
c:=~~_
Assistant CIty Attorney
090422 syn 0120339
APPROVED:
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