HomeMy WebLinkAbout2009-09-14 Ordinance 5051Ordinance No. 5051
Ordinance of the Council of the City of Palo Alto Amending
Sections 18.10.130 (Historical Review and Incentives),
18.10.060 (Parking), 18.12.140 (Historical Review and
Incentives), 18.12.060 (Parking), and 18.13.040(c) (Single-
Family and Two-Family Uses) of Title 18 (Zoning), and
Sections 21.20.010 (General Provisions) and 21.20.301 (Flag
Lots) of Title 21 (Subdivisions) of the Palo Alto Municipal
Code Regarding Subdivision of One Lot into Two
Nonconforming Lots Where Covenants are Provided to
Protect Historic Properties
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds as follows:
A. The proposed ordinance would establish a process that would encourage
preservation and maintenance of the City's historic housing stock without the
need for a· Planned Community zone designation or variance approval and
allowing for Preliminary Parcel Map without exception process to create
nonconforming size parcels and nonconforming flag lots; and
B. The proposed ordinance is in the public interest and will promote the public
health, safety and welfare as hereinafter set forth; and
C. Modification of the existing zoning ordinance and subdivision ordinance to
permit the subdivision of residentially zoned property for the benefit of
preserving existing historically designated residences is consistent with the
Palo Alto Comprehensive Plan. In particular, the following Comprehensive
Plan policies support the subdivision:
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L Policy H-8: Promote the rehabilitation of deteriorating or substandard
residential properties;
ii. Policy H-10: Preserve the existing legal , non-conforming rental cottages
and duplexes currently located in the R-1 and R-2 residential areas of Palo
Alto, which represent a significant portion of the City's affordable housing
supply;
iii. Policy L-12: Preserve the character ofresidential neighborhoods;
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1v. Policy L-51: Encourage public and private upkeep and preservation of
resources that have historic merit, including residences listed in the
Historic Inventory;
v. Policy L-57: Develop incentives for the retention and rehabilitation of
buildings with historic merit in all zones;
D. The proposed uses under the proposed zoning shall include only housing
consistent with the current zoning and adjacent uses;
E. The use permitted and the site development regulations applicable within the
district are consistent with the Palo Alto Comprehensive Plan and are
compatible with existing and potential uses on adjoining sites or within the
general vicinity.
SECTION 2. Section 18.10.130 (Historical Review and Incentives) of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.10.130 Historical Review Incentives
(a) Historic home review, as required in Chapter 16.49 of Title 16 of the Municipal Code, is
required in the R-E, R-2, and RMD low density residential districts for alterations or modifications to
any residence designated on the City's Historic Inventory as a Category 1 or Category 2 historic
structure as defined in Section 16.49.020 of this code or any contributing structure located within a
locally designated historic district."
(b) Exemptions to gross floor area requirements are available for historic residences
pursuant to the definition of gross floor area in Section 18.04.030 (65)(D)(vii). Home improvement
exceptions provide for additional square footage and certain other exceptions for historic homes
pursuant to Section 18.12.120 (R-1 Chapter).
(c) Notwithstanding other provisions of this chapter, existing parcels in the R-2 or RMD
districts containing two residences may be subdivided into two ownerships, where all
of the following circumstances exist:
(1) At least one residence is designated on the City's Historic Inventory as a Category 1,
Category 2, Category 3, or Category 4 historic structure as defined in Section
16.49.020 of this code or are contributing structures located within a locally
designated historic district or are eligible for listing on the California or National
Registers; and
(2) No increase in the total number of residences on the site is proposed; and
(3) Separate lots are proposed to be created, each with a minimum lot size not less than
4,000 square feet if only one residence is historic; if both residences are historic and
subject to a covenant, the allowable minimum lot size is 2,000 square feet; and
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( 4) The resultant parcel lines-may create less than minimum lot size (no less than the
area stated in item (3) of this section), site width and depth, setback and daylight
plane encroachments, floor area and site coverage exceeding the maximum allowable
for existing development with respect to each new parcel, without the need for
approval of a Variance or Home Improvement Exception, but would not generally
increase any existing non-complying building features however, minor additions for
functional improvements maybe allowed at the discretion of the Director of Planning
and Community Environment; and
( 5) The Historic Resources Board has determined that at least one existing residence on
the property has historic integrity and qualifies for listing on the City's Historic
Inventory.
(6) A covenant is recorded to run with the land in perpetuity, assuring that the historic
residence(s) will be preserved and maintained consistent with the Secretary of the
Interior's Standards for Historic Rehabilitation through compliance with Historic
Resources Board review and recommendations. The covenant will stipulate that
HRB review is required for all major projects on the site including significant
changes to any non-historic residence. Any modifications to a non-historic residence
must be compatible with the historic residence and satisfy the Secretary of Interior's
Standards for Historic Compatibility.
(7) The two residences on the property were in existence as of January 28, 2009.
(8) Application of the state Historic Building Code is available for use on any eligible
building.
(9) Residences subject to a covenant must meet all government health, life and safety
codes."
SECTION 3. Section 18.10.060 (Parking) of the Palo Alto Municipal Code is
hereby amended to read as follows:
Section 18.10.060 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 districts. These requirements are included for reference purposes
only, and in the event of a conflict between this Section 18.10.060 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 .13 0( c) (subdivision incentive for historic preservation).
(a) Parking Requirements for Specific Uses
Table 3 shows the minimum off-street automobile parking requirements for specific uses.
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Table 3
Parking Requirements for R-E, R-2, and RMD Uses
Single-family residential use (excluding second dwelling 2 spaces per unit, of which one must be covered.
units)
Two family (R2 & RMD districts) 3 spaces total, of which at least two must be
covered
Second dwelling unit, attached or detached: 2 spaces per unit, of which one must be covered
>450 sf in size I space per unit, which may be covered or
~50 sf in size uncovered
Other Uses See Chapter 18.40
(b) Parking and Driveway Surfaces
Parking and driveway surfaces may have either permeable or impermeable paving.
Materials shall be those acceptable to Public Works Department standards. Gravel and
similar loose materials shall not be used for driveway or parking surfaces within 10 feet
of the public right of way.
( c) Parking in Yards
(1) No required parking space shall be located in a required front yard.
(2) No required parking space shall be located in the first ten feet adjoining the
property line of a required street side yard.
( d) Tandem Parking
Tandem parking shall be permitted for single-family uses and for single-family uses with
a permitted second dwelling unit. Tandem parking is permitted for two-family uses where
both spaces in tandem (front space and tandem space) are designated for use by the same
unit.
( e) Bicycle Parking
For two family uses, at least one Class I bicycle parking space shall be required.
( t) Design of Parking Areas
Parking facilities shall comply with all applicable regulations of Chapter 18.83 (Parking
Facility Design Standards).
(g) Parking Facilities on Lots Created Pursuant to Section 18.10.130(c) (subdivision
incentive for historic preservation)
Legal non-conforming parking facilities existing prior to the subdivision of a parcel
having a historic residence(s) may be maintained as existing non-complying facilities or
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may be improved to greater compliance with parking requirements, as approved by the
Director of Planning and Community Environment or his/her designee. Preservation
covenants may allow non-historic residences to be remodeled; however, floor area
expansions shall be subject to the Director's discretionary action regarding improvements
to on-site parking conditions associated with such increased floor area and when floor
area over 400 square feet is proposed to be added to a non-historic residence having legal
non-complying parking facilities prior to subdivision, parking facilities shall be brought
into greater compliance with Chapter 18.52, wherever feasible. A subdivided property
having no existing on-site parking facilities prior to subdivision may be permitted to
continue as such as long as preservation covenants allowing for this continuance and any
associated access easements have been recorded.
SECTION 4. Subsection 18.12.140 (Historical Review and Incentives) of
Chapter 18.12 (R-1 Single Family Residential) of Title 18 (Zoning) of the Palo Alto Municipal
Code is hereby amended to read as follows:
(a) Historic residence review, as required in Chapter 16.49 of Title 16 of the Palo Alto Municipal
Code, is required in the R-1 district and R-1 subdistricts for alterations or modifications to
any residence designated on the city's Historic Inventory as Category 1 or Category 2 historic
structure as defined in Section 16.49.020 of this code or any contributing structure located
within a locally designated historic district. The Category! or Category 2 designation
process for becoming a historic structure is contained in Chapter 16.49 of Title 16 of the
Municipal Code.
(b) Exemptions to gross floor area requirements are available for historic residences pursuant to
the definition of gross floor area in Section 18.04.030(65)(C)(ii). Home improvement
exceptions provide for additional square footage and certain other exceptions for historic
homes pursuant to Section 18.12.120.
(c) Notwithstanding other provisions of this chapter, existing parcels containing two residences
may be subdivided into more than one ownership, where all of the following circumstances
exist:
(1) At least one residence is designated on the City's Historic Inventory as a Category 1,
Category 2, Category 3, or Category 4 historic structure as defined in Section
16.49.020 of this code or are contributing structures located within a locally
designated historic district or are eligible for the National or California Registers; and
(2) No increase in the total number ofresidences on the site is proposed; and
(3) Separate lots are proposed to be created, each with a minimum lot size not less than
4,000 square feet in the R-1 district if only one residence is historic or 80% of the
minimum lot size for the R-1 subdistricts; if both residences are historic and subject
to a covenant, the allowable minimum lot size is 2,000 square feet; and
(4) The resultant parcel lines may create less than minimum lot size (no less than the
area stated in item (3) of this section), site width and depth, setback and daylight
plane encroachments, floor area and site coverage exceeding the maximum allowable
for existing development with respect to each new parcel, without the need for
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approval of a Variance or Home Improvement Exception, but would not generally
increase any existing noncomplying building features; however, minor additions for
functional improvements may be allowed at the discretion of the Director of Planning
and Community Environment; and
(5) The historic Resources Board has determined that at least one existing residence on
the property has historic integrity and qualifies for listing on the City's Historic
Inventory.
( 6) A covenant is recorded to run with the land in perpetuity, assuring that the historic
residences will be preserved and maintained consistent with the Secretary of the
Interior's Standards for Historic Rehabilitation through compliance with Historic
Resources Board review and recommendations. The covenant will stipulate that
HRB review is required for all major projects on the site including significant
changes to any non-historic residence. Any modifications to a non-historic residence
must be compatible with the historic residence and satisfy the Secretary of Interior's
Standards for Historic Compatibility.
(7) The two residences on the property were in existence as of January 28, 2009.
(8) Application of the state Historic Building Code is available for use on any eligible
building.
(9) Residences subject to a covenant must meet all government health, life and safety
codes.
SECTION 5. Section 18.12.060 (Parking) of the Palo Alto Municipal Code is
hereby amended to amend to read as follows:
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 districts. These requirements are included for reference purposes
only, and in the event of a conflict between this Section 18.10.060 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( c) (subdivision incentive for historic preservation).
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(a) Parking Requirements for Specific Uses
Table 4 shows the minimum off-street automobile parking requirements for specific uses
within the R-1 district.
Table 4 shows the minimum off-street automobile parking requirements for specific uses.
Table 4
Parking Requirements for Specific R-1 Uses
Single-family residential use (excluding second dwelling units) 2 spaces per unit, of which one must be covered.
Second dwelling unit, attached or detached 2 spaces per unit, of which one must be covered
Other Uses See Chs. 18.52 and 18.54
(b) Parking and Driveway Surfaces
Parking and driveway sur~aces may have either permeable or impermeable paving. Materials
shall be those acceptable to public works department standards. Gravel and similar loose
materials shall not be used for driveway or parking surfaces within 10 feet of the public right of
way.
(c) Parking in Yards
(1) No required parking space shall be located in a required front yard.
(2) No required parking space shall be located in the first ten feet adjoining the property
line of a required street side yard.
( d) Tandem Parking
Tandem parking shall be permitted for single-family uses and for single-family uses with a
permitted second dwelling unit.
(e) Underground Parking
Underground parking is prohibited for single-family uses, except pursuant to a variance
granted in accordance with the provisions of Chapter 18.76, in which case the area of the
underground garage shall be counted in determining the floor area ratio for the site.
(t) Design of Parking Areas
Parking facilities shall comply with all applicable regulations of Chapter 18.54 (Parking
Facility Design Standards).
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SECTION 6. Subsection 18.13.040(c) (Single-Family and Two-Family Uses) of the
Palo Alto Municipal Code is hereby amended to read as follows:
(c) Single-Family and Two-Family Uses
(1) The regulations in chapter 18.12 that apply to the R-1 district shall apply to sites in
single-family use in the multiple-family residence districts. The regulations in
Chapter 18.10 that apply to the R-2 district may be applied, at the applicant's
discretion to sites in two-family use in the multiple-family residence districts, in lieu
of the multi-family standards.
(2) The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance
shall be applied to any single-family or two-family residence in the multi-family
districts, to those sides of a site that share an interior side lot line with the interior
side or rear lot line of a property zoned for or used for single-family or two-family
dwellings. The Individual Review shall not be applied to adjacent uses other than
single-family and two-family uses.
(3) Notwithstanding other provisions of this chapter, existing two-family residential
development in multiple family residential districts may be divided into two separate
ownership parcels where all of the following circumstances exist:
(A) At least one residence is designated on the City's Historic Inventory as a
Category 1, Category 2, Category 3, or Category 4 historic structure as defined in
Section 16.49.020 of this code or are contributing structures located within a
locally designated historic district or are eligible for the National or California
Registers; and
(B) No increase in the total number of residences on the site is proposed; and
(C) Separate lots are proposed to be created, each with a minimum lot size not less
than 4,000 square feet if only one residence is historic; if both residences are
historic and subject to a covenant, the allowable minimum lot size is 2,000 square
feet and
(D) The resultant parcel lines may create less than minimum lot size (no less than the
area stated in item (C) of this section), site width and depth, setback and daylight
plane encroachments, floor area and site coverage exceeding the maximum
allowable for existing development with respect to each new parcel, without the
need for approval of a Variance or Home Improvement Exception, but would not
generally increase any existing non-complying building features; however, minor
additions for functional improvements may be allowed at the discretion of the
Director of Planning and Community Environment; and
(E) The Historic Resources Board has determined that at least one existing residence
on the property has historic integrity and qualities for listing on the City's
Historic Inventory.
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(F) A covenant is recorded to run with the land in perpetuity, assuring that the
historic residences will be maintained consistent with the Secretary of the
Interior's Standards for Historic Rehabilitation through compliance with Historic
Resources Board review and recommendation. The covenant will stipulate that
HRB review is required for all major projects on the site including significant
changes to any non-historic residence. Any modifications to a non-historic
residence must be compatible with the historic residence and satisfy the Secretary
of Interior's Standards for Historic Compatibility.
(G) The two residences on the property were in existence as of January 28, 2009.
(H) Application of the state Historic Building Code is available for use on any
eligible building.
(I) Residences subject to a covenant must meet all government health, life and safety
codes.
SECTION 7. Section 21.20.010 (Generally) of the Palo Alto Municipal Code is
hereby amended to read as follows:
. The provisions of this chapter shall govern the design of all subdivisions. The
provisions of this chapter shall be incorporated in any subdivision approval unless the city
council, or director of planning in the case of a preliminary parcel map, finds that due to the
particular circumstances these· design criteria are not necessary or that alternative designs are
preferable; provided, that any modifications to the lot size, dimensions, location or configuration
standards shall only be made upon request for and approval of exceptions to said standards,
except when each nonconforming lot to be created contains a residence with recorded
preservation covenants, where no request for nor approval of exceptions to said standards shall
be required. Design of all subdivisions shall include such facilities for the handicapped as may be
required by federal, state or local law.
SECTION 8. Section 21.20.301 (Flag Lots) of the Palo Alto Municipal Code is
hereby amended to read as follows:
21.20.301 Flag lots.
(a) The director of planning may approve, pursuant to a preliminary parcel map, not
more than one flag lot, as defined in Title 18 of this code, under the following conditions:
(1) The flag lot shall be used only for single-family residential use;
(2) The flag lot shall meet all of the requirements of the zone district within
which it is located and, in addition, shall have an area which exceeds the lot area requirement of
the zone district by not less than twenty percent exclusive of any portion of the lot used for
access to a public street, except when the flag lot to be created contains a residence with recorded
preservation covenants, where the flag lot area is not required to exceed the lot requirement of
the zone district and no request for nor approval of exceptions to said standards shall be required;
and
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(3) Access from the flag lot to a public street shall not be over an easement
but over land under the same ownership as the flag lot. Such access shall have a minimum width
of fifteen feet and shall have a paved way not less than ten feet in width, except when the flag lot
to be created contains a residence with recorded preservation covenants, where the flag lot access
may be over an easement or land under the same ownership, the access shall have a minimum
width of twelve feet for a maximum length no more than 100 feet, and shall have a paved way
not less than ten feet in width, and no request for nor approval of exceptions to said standards
shall be required.
(b) Notwithstanding the foregoing, the creation of flag lots, as defined in Title 18 of
this code, shall be prohibited in the R-1 single-family residence district, and no exceptions shall
be granted therefore; provided, however, that:
(1) Flag lots may be created in the R-1 zone district pursuant to Title 18 as long as
the residence thereon has a recorded preservation covenant; and
(2) Flag lots validly existing in the R-1 district as of the effective date of said
prohibition shall, nonetheless, be recognized as legal lots for purposes of this Title 21 only.
Development of such existing flag lots shall be subject to all applicable provisions of Title 18 of
this code as of the date of any such proposed development.
SECTION 9. Severability. If any section of this ordinance, or part hereof, is held by
a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable,
such section, or part hereof, shall be deemed seyerable from the remaining sections of this
ordinance and shall in no way affect the validity of the remaining sections hereof.
SECTION 10. The Council hereby finds this ordinance is categorically exempt
from the requirements of the California Environmental Quality Act ("CEQA") pursuant to
Sections 15305 and 5308 of the CEQA Guidelines because it is an action taken by a regulatory
agency for the protection of the environment.
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SECTION 11. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED: SEPTEMBER 14, 2009
PASSED: SEPTEMBER 21, 2009
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON,
SCHMID, YEH
NOES:
ABSTENTIONS:
NOT PARTICIPATING:
ABSENT:
~JLr Deputy CitYAttOflley
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APPROVED: ~D~
Director of Planning and
Community Environment