HomeMy WebLinkAbout2013-11-04 Ordinance 5214Ordinance No. 5214
Interim Ordinance of the Council of the City of Palo Alto to Amend
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 ofthe City of Palo Alto finds and
declares as follows:
A. The City of Palo Alto downtown area has seen an increase in development and
has experienced increases in parking demand, as documented in downtown monitoring
reports produced in the past five years. According to the Downtown Monitoring Report
2011-2012 provided to the City Council on March 11, 2013, since 2008, eight projects were
approved which included seismiC, historic and minor floor area bonuses totaling 28,676
square feet, with parking exemptions granted equivalent to 115 parking spaces. In addition
as of October 1, 2013, there are three additional projects pending in the Downtown totaling
approximately 77,788 square feet and requesting parking exemptions equivalent to 100
parking spaces.
B. No new parking structures have been added to the City's inventory since 2003.
C. In addition, the overall vacancy rate within the Commercial Downtown (CD)
zoning district has dropped from a high rate of 6.39 percent in 2008-2009 to a 1.6 percent
rate in the 2011-2012 reporting period.
D. The Downtown Parking Survey conducted in Spring of 2013 shows that within
the Commercial Downtown core area, on-street parking occupancy between 12:00 noon
and 2:00 p.m. reached 87.9 percent overall.
E. According to the Downtown Parking Study, parking in hourly public lots and
garages was at 87.2% occupancy, while permit parking in public lots and garages was at
65.9% occupancy.
F. The Spring 2013 and Fall 2012 Downtown Parking Surveys also show that
compared to previous years, on-street parking use has increased in the Downtown North,
Professorville and South of Forest Avenue neighborhoods.
G. The City is experiencing increased office occupancy as employers are beginning
to transform work spaces from individual offices or cubicles to open space concepts
permitting more employees per square foot.
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H. Increased demand for parking caused by recent addition of office square
footage, increased office occupancy and an upswing in downtown retail activity has been
coupled with a decreasing supply of parking due to the use of existing parking exemptions
in new development and lack of a robust transportation demand management program.
I. 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 were exceedingly successful in 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 ofthe historic and seismically unsafe buildings have been
renovated and the downtown has transformed into an economically thriving area.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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.
O. The City Council desires on an interim basis for a period oftwo years to eliminate
the parking exemption related to the 200 square foot Minor Floor Area Bonus for buildings
not eligible for Historic Bonus; to eliminate 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 to disallow the
parking exemption for floor area developed or used previously for non-residential purposes
and vacant at the time ofthe engineer's report during the parking district assessment.
Unless a new ordinance is adopted to permanently establish these provisions, these zoning
code amendments shall "sunset" (expire) two (2) years following the effective date of the
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amendment; after which time, if revised regulations have not been adopted, the previous
provisions shall be reinstated.
SECTION 2. Subsection 18.18.070(a) (Floor Area Bonuses) of Title 18 (Zoning) ofthe
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 III
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-Nor 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 III, 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.
(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 III, 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).
(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 III, 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).
(5) Historic Bonus for Over-Sized buildings
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A building in Historic Category lor 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% ofthe 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 III, 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)(l) 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 ofthe 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:
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(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-5, 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:
(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
chaptershall be subject to the parking regulations applicable to the district in whichthe
receiver site is located.
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(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 16.48 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 ow~s 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.
(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
16.48.120 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 16.48 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.
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SECTION 4. Subsection 18.18.090(b) (Exceptions to On-Site Parking Requirement) of
Title 18 (Zoning) ofthe 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);
(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 everyone 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. However,
square footage which was developed for nonresidential purposes or which has been used
for nonresidential purposes but which is not used for such purposes due to vacancy at the
time of the engineer's report shall be included in the amount of floor area qualifying for this
exemption. No exemption from parking requirements shall be available where a residential
use changes to a nonresidential use, except pursuant to subsection (2).
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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).
(B) Category I or II Historic Structures may take advantage of the following
exceptions during the life ofthe 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.
(e) 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
everyone 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.
(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 ofthe city delineated on the map ofthe 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 Cali/ornia, 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)(e) of this subsection.
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SECTION 6. g,Q8. 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 ofthis
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 ofthis Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions ofthis 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 ofthe ordinance's
effective date. Any bonus square footage certified and recorded under Sections 18.18.070
prior to the effective date ofthis 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 interim ordinance shall be in full force and effect on
the thirty-first date after the date of its adoption, and shall"sunset" (expire) two (2) years
following the effective date, unless extended by Council. Upon expiration of this interim
ordinance, the previous provisions related to parking exemptions contained in Sections
18.18.070(a)(1), 18.18.080(g), 18.18.090(b)(1)(B) and (C)II and 18.52.070(a)(1)(B), (C)(i) and
(D) in effect immediately prior to adoption of this ordinance shall be reinstated.
INTRODUCED: October 21, 2013
PASSED: November 4,2013
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATIEST:
~~
~Clerk
() ApD OVED AS TO F.
/10 __ -
• Mayor
Environment
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