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HomeMy WebLinkAbout2007-02-05 Ordinance 4934ORDINANCE NO. 4934 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 18 (ZONING) TO DELETE CHAPTER 18.88 (SPECIAL PROVISIONS AND EXCEPTIONS) AND TO ADOPT NEW CHAPTERS 18.40 (GENERAL STANDARDS AND EXCEPTIONS) AND 18.42 (STANDARDS FOR SPECIAL USES), INCLUDING NEW CRITERIA FOR LANDSCAPING, WIRELESS COMMUNICATIONS FACILITIES, STREAM CORRIDOR PROTECTION, AND STORM WATER PROTECTION OF THE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. declares as follows: Findings and Declarations. The City Council finds and (a) In December 2000, the City Council approved a work plan for the Zoning Ordinance Update involving the preparation of a new Title 18 (Zoning Code) of the Palo Alto Municipal Code (P AMC), including the update of existing land use chapters and processes as well as the preparation of chapters for new and revised land uses; (b) The City of Palo Alto's Comprehensive Plan Natural Environment chapter includes policies and programs for protection of water resources and landscaping, including programs to adopt a creek, creek setbacks, and building restrictions near creeks, as well as encouraging habitat compatible and drought-tolerant landscaping. The Land Use and Community Design chapter includes several programs regarding landscaping, including requiring a 50% tree canopy for parking lot landscaping (within 10-15 years). The Business & Economics chapter includes a policy supporting the development of technologically-advanced communications infrastructure; • (c) The Planning and Transportation Commission (P&TC) initially discussed landscaping standards and guidelines at a study session on October 25,2006 and wireless communication facilities and stream protection measures at a study session on November 1, 2006. The P & TC conducted a public hearing regarding the proposed deletion of current Chapter 18.88 and the addition of new Chapters 18.40 and 18.42 to address miSCt}llaneous general standards and exceptions and standards for special uses, respectively, including criteria for landscaping, stream corridor protection, storm water protection, and wireless communications facilities. On December 13, 2006, the P&TC recommended to the Council approval of an ordinance encompassing updated site planning and development standards. 1 070222syn 0130041 SECTION 2. Chapter 18.88 (Special Provisions and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby repealed in its entirety. SECTION 3. Chapter 18.40 (General Standards and Exceptions) of Title 18 [Zoning] of the Palo Alto Municipal Code is hereby added to read as follows: Chapter 18.40 GENERAL STANDARDS AND EXCEPTIONS Sections: 18.40.010 18.40.020 18.40.030 18.40.040 18.40.050 18.40.060 18.40.070 18.40.080 18.40.090' 18.40.100 18.40.110 18.40.120 18.40.130 18.40.140 18.40.150 18.40.010 Purposes Application Measurement Separation Between Buildings Location and Use of Accessory Buildings Permitted Uses and Facilities in Required Yards Projections into Yards Substandard Lots Height Exceptions Setback Map Utility Easements Hazardous Conditions Landscaping Stream Corridor Protection Storm Water Quality Protection Purposes This chapter provides general site planning and development standards for all uses that are allowed by district regulations in mUltiple zoning districts. 18.40.020 Application The regulations established in this Chapter shall apply to all zoning districts, in addition to other applicable provisions including the standards of the zone district where the use is located. 18.40.030 Measurement Distances between buildings, or between any structure and any property line, setback line, or other line or location prescribed by this title shall be measured to the nearest vertical support or wall of such structure. Where one or more buildings do not have vertical exterior walls, the distances between the buildings shall be prescribed by the building official. In the application of measurements specified by this title in both English and metric measure, metric measure shall be applied for all new construction; provided, 2 070222syn 0130041 that where existing structures, uses, areas, heights, dimensions, or site improvements have been based upon English measures, the exact metric equivalent of the English measures prescribed by this title may continue to be used for improvements, extensions, and revisions to such facilities or uses. It is the pmpose of this title to facilitate conversion from English to metric measures with minimum impact on property and improvements and changes thereto, and the building official, zoning administrator, director of planning and community environment and other persons responsible for interpretation and enforcement of this title shall, in case of conflict or difference between English and metric measurements, apply the provisions of this title in the less restrictive manner of this section. 18.40.040 Separation Between Buildings (a) Minimum distance required The minimum distance between separate buildings located on the same site shall be as required by Title 16; provided, however, accessory buildings in the RE single- family residence districts shall be separated from the principal building by at least three feet. (b) Connection of principal and accessory building A principal building and an accessory building, meeting the requirements of Title 16 and each located on a site as otherwise permitted for principal building and accessory buildings, may be connected by a structure meeting the definition of a breezeway. Such structure, or breezeway, shall be a part of the accessory building. 18.40.050 Location and Use of Accessory Buildings (a) Accessory buildings setbacks Except as otherwise provided in this section, accessory buildings shall at all times be located in conformance with requirements for principal buildings, and shall not be located in any required front, side or rear yard. (b) Limitations of uses for accessory buildings In residential zones, accessory buildings may be located in a required interior yard subject to the following limitations: (1) An accessory building shall not be used for living andior sleeping purposes unless the building was legally constructed for or legally converted to living andior sleeping pmposes prior to October 13, 1983. (2) An accessory building shall not be located in a required front yard, a required street yard. or a required rear yard of a through lot. (3) An accessory building shall not be located in a required interior side or rear yard unless the building is at least seventy-five feet from any street line, measured along the respective lot line. 3 070222syn 0130041 (4) Accessory buildings located within a required interior yard as permitted by this section shall be subject to a maximum height established by a daylight plane beginning at a height of 2.44 meters (eight feet) at the property line and increasing at a slope of one meter for each three meters of distance from the property line, to a maximum height of 3.66 meters (twelve feet). (5) No such accessory building shall have more than two plumbing fixtures. (c) Swimming pool, hot tub and spa No swimming pool, hot tub, spa or similar accessory facility shall be located in any portion of a required front or street side yard. 18.40.060 Permitted Uses and Facilities in Required Yards Except as otherwise prescribed by district regulations or other provisions of this title, use and development of required yards shall be limited to the following: (a) Fences, screening, and enclosures permitted by Chapter 16.24; (b) Landscaping; (c) Outdoor recreation, including open structures and ground level facilities related thereto, such as tennis courts, swimming pools, other game or court facilities, sitting areas, decks, patios, terraces, and like features constructed at ground level or within 0.3 meters (one foot) above natural grade; provided, that no below-grade improvements such as swimming pools shall be permitted within 0.9 meters (three feet) from the property line; (d) Pedestrian walkways and driveways; (e) Required parking, in accord with the location provisions specified within each district. 18.40.070 Projections into Yards The zoning administrator may grant a temporary use permit authorizing the use of a site in any district for a temporary use, subject to the following provisions: (a) Architectural features Cornices, eaves, ftreplaces and similar architectural features, excluding flat or continuous walls or enclosures of usable interior space, may extend into a required . side yard a distance not exceeding 0.6 meters (two feet), or may extend into a required front or rear yard a distance not exceeding 1.2 meters (four feet). Window surfaces, such as bay windows or greenhouse windows, may extend into a required front, side or rear yard a distance not exceeding 0.6 meters (two feet) or into a required front yard a distance not exceeding three feet. In residential districts or nonresidential districts adjacent to residential districts, the window surface may not extend into any yard above a ftrst story. 4 070222syn 0130041 (b) Canopies and patio covers A canopy or patio cover may be located in any residential district in the required rear yard or that portion of the interior side yard which is more than 22.9 meters (seventy-five feet) from the street lot line measured along the common lot line. Such canopies shall be subject to the following conditions: The permit may be granted by the director without a requirement for public hearing and notice. (1) A canopy or patio cover shall not be more than 3.7 meters (twelve feet) in height. (2) The canopy or patio cover shall be included in the computation of building coverage. (3) The canopy or patio cover and other structures shall not occupy more than fifty percent of the required rear yard. (4) The canopy or patio cover shall not be enclosed on more than two sides. (c) Storage structures Structures not over 1.8 meters (six feet) in height or 2.3 square meters (twenty-five square feet) in floor area, used exclusively for storage purposes, may extend into a required side yard a distance not exceeding 0.6 meters (two feet), or may extend into a required front or rear yard a distance not exceeding 1.2 meters (four feet). (d) Porches, stairways, landings and fire escapes Uncovered porches, stairways, landings, balconies or fire escapes may extend not more than 1.8 meters (six feet) into a required front or rear yard, and may extend not more than 0.9 meters (three feet) into a required side yard; provided that, in residential districts or in nonresidential districts adjacent to residential districts, these projections may not extend into any yard above a first story. (e) Pools, spas and hot tubs Pools, spas and hot tubs may extend into a required rear yard a distance not to exceed 4.27 meters (fourteen feet), provided that a minimum setback of 1.8 meters (six feet) from the property line shall be maintained. (f) Building extensions and comer lots In residential districts, a portion of a main building which is less than half the maximum width of such building may extend into the required rear yard no more than 1.8 meters (six feet) and with a height of no more than one story, except that a comer lot having a common rear property line with an adjoining comer lot may extend into the required rear yard not more than 3.0 meters (ten feet) and with a height of no more than one story. 5 070222 syn 0130041 (g) Encroacbment into a special setback Subsections (a) through (d) of this section notwithstanding, a projection shall not be permitted to encroach into a special setback, as established by the setback map pursuant to Chapter 20.08 of the Palo Alto Municipal Code. (b) Excavated features: terraces and terraced landscaping In residential districts the terraced and landscaped portions of excavated features, such as below grade patios and sunken gardens, that comply with the provisions of Section 18.10.050(m), 18.12.050(0), 18.17.050(p), or 18.19.050(0), as applicable, may extend into a required side yard a distance not to exceed 0.6 meters (two feet), or may extend into a required rear yard a distance not to exceed 1.2 meters (four feet). 18.40.080 Substandard Lots (a) Specified provisions and dates of recorded title Any lot having a site area, width, or depth less than required by this title, which meets one of the provisions specified in this subsection, may be used as a lot or site under the provisions of this title, subject to the applicable district regulations and other provisions of this title: (1 ) A lot shown upon an official subdivision map duly approved and recorded; . (2) A lot for which a deed or a valid contract of sale is on record in the office of the county recorder of Santa Clara County prior to February 19, 1951, and was of legal area at the time it was recorded; (3) A lot for which individual water, sewer, and/or gas service or services were installed by the city prior to October 8, 1947; (4) A lot upon which a dwelling was constructed on or after October 8, 1947, and prior to July 20, 1978 which at the time of construction complied with all lot width and area requirements; (5) A lot otherwise meeting applicable requirements at the time such lot was created, but which does not meet the minimum requirements of this title as currently applicable to such lot, by reason of annexation, a change in zoning district, or a change in applicable regulations within a district. (b) Substandard lots cannot be furtber reduced A substandard lot meeting one of the provisions designated in subsection (a) shall be considered a legal lot; provided the particular measurement (area, width, or depth) not in accord with this title shall not be further reduced. (c) Lots merged by amendments to Subdivision Map Act All lots that were merged by the 1977 amendments to the Subdivision Map Act prior to the adoption of Chapter 234, Statutes 1977, are hereby deemed unmerged. 6 010222syn 0130041 18.40.090 Height Exceptions Except in OS, RE, R-l, and R-2 districts, flues, chimneys, exhaust fans or air conditioning equipment, elevator equipment, cooling towers, antennas, and similar architectural, utility, or mechanical features may exceed the height limit established in any district by not more than 4.6 meters (fifteen feet); provided, however, that no such feature or structure in excess of the height limit shall be used for habitable space, or for any commercial or advertising purposes. In OS, RE, R-l, and R-2 districts, flues, chimneys and antennas may exceed the established height limit by not more than 4.6 meters (fifteen feet). 18.40.100 Setback Map See Chapter 20.08 of the Municipal Code for setback map regulations. 18.40.110 Utility Easements No structures other than fences or landscaping features shall be located within any portion of an easement granted to the city for utility purposes, unless authorized pursuant to an encroachment permit granted by the city. Any structure now existing which does not comply with this section shall not be expanded, enlarged, or replaced in event of demolition or destruction, except as may be authorized by an encroachment permit issued by the city 18.40.120 Hazardous Conditions In any area within the city identified by the Comprehensive Plan as having moderate or high risk due to flood hazard, seismic activity hazard, to other geologic hazard, the following provisions shall apply: (a) Geologic report -high risk In areas identified as subject to high risk, the building official may require, prior to issuance of a building permit or other permit authorizing any new construction, submission by the permit applicant of detailed geologic, soils, and engineering data sufficient to define the extent of any potential hazard and to demonstrate that the proposed construction shall, to the maximum extent feasible, mitigate or otherwise recognize such hazard. Such reports and data shall be required for any use involving public assembly. (b) Geologic report -moderate risk In areas identified as subject to moderate risk, the building official may require such reports as described in (a) for any use except single-family use or two-family use. Such reports and data shall be required for any use involving public assembly. 7 070222 syn 0 t 3004 t 18.40.130 Landscaping (a) Purpose The purpose of this section is to encourage creative and sustainable landscape design that enhances structures, open space areas, streetscapes and parking areas. Sustainable landscape design preserves native plant species to the maximum extent feasible, consumes less water and provides permeable surfaces for stormwater management and groundwater recharge. Tree shading and appropriate landscape design can contribute to economic vitality and public health, and can reduce the need for frequent infrastructure repair. Landscaping provides recreation areas, cleans the air and water, prevents erosion, offers fire protection, replaces ecosystems displaced by development, and is water efficient. (b) General Regulations In addition to the provisions of this section, all projects shall adhere to the landscape requirements cited elsewhere in Title 18 (Zoning Ordinance), including but not limited to: (1) Design Standards -General Parking Facilities (Section 18.83.100) (2) Design Standards -Landscaping in Parking Facilities and Required Landscape Areas (Section 18.83.100) (3) Architectural Review Findings (Section 18.76.020) (c) Natural Areas (Open Space District, Hillside Lands, Daylands, Creek and Riparian Areas) Landscaping should retain or enhance native vegetation in hillside, baylands or other natural open spaces areas or adjacent to such areas. The existing natural vegetation and land formations should remain in a natural state unless modification is found to be necessary or appropriate for a specific use allowed through Architectural or Site Design Review. (1) In the selection of new landscaping, preference shall be given to natural, indigenous and drought resistant plants and materials. Non-indigenous landscaping should be limited to the immediate area around a structure or structures. (2) Site development plans shall, to the maximum extent feasible, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the grading and subdivision ordinances ofthe City. (3) Landscaping shall, to the maximum extent feasible, integrate and accommodate existing trees and vegetation to be preserved; make use of water-conserving plants, materials and irrigation systems; and be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. 8 070222syn 0130041 (4) Colors of roofing materials shall blend with the natural landscape and be nonreflective. All roof mounted equipment shall be screened in a manner that protects the viewshed from adjacent properties, including from views from above. (5) Planting of invasive plant species shall not be permitted and removal of invasive species may be required as part of landscape plan requirements. (6) To the maximum extent feasible, existing vegetation shall be retained or enhanced to maintain contiguous wildlife habitat. (7) Riparian vegetation shall be retained or enhanced within natural stream corridors, and best practices for development shall be used to protect riparian habitat and water quality of adjacent streams. (d) Low-Density Residential Landscaping Design Standards (1) In the R·l, R·2, and RMD zones, a minimum of 50% of the required front setback area shall be landscaped, subject to the limitations of Section 18.12.04O(h). Planting in the right·of-way shall not count towards fulfillment of the required landscape area. (2) Street trees may be required to be planted in the right-of-way frontage of any residential structure subject to Individual Review for a new second story or addition to a second story, or for other discretionary review in the R-l, R-2, or RMD zones. (3) Trees planted near public bicycle trails or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters and other public improvements. (4) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines (a minimum of five feet from water lines and ten feet from sanitary sewer lines) and traffic safety visibility areas. (5) All proposed light wells and below-grade basements shall be screened to minimize visibility from public rights-of-way or other public properties. (e) Special Design and Landscaping Standards Reguirements: (l) Utilities (e.g., transformer cabinets, pads, fiber optic trenching and above ground cabinets, large water check valves) and underground utilities shall not be placed within required landscaped areas, except where they will not preclude appropriate planting of trees and will be predominantly screened from public view. (2) All landscaping within multi-family, commercial, and industrial zoning districts shall be equipped with automatic irrigation systems. Backflow preventers shall be located near the main structure to the maximum extent feasible, and shall be predominantly screened from public view. 9 070222syn 0130041 (3) For all development within commercial and industrial zoning districts, lawn areas shall not exceed 15 percent of the planting area on a property. Required common areas, active recreation areas, and areas located within the public right-of-way between the curb and public sidewalk shall not count against such lawn area. (4) Landscaping within surface parking areas shall include tree plantings designed to result in 50 percent shading of parking lot surface areas within 15 years. (5) All required perimeter yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses or ground cover materials. The Director may, however, allow a combination of hardscape and landscape to satisfy landscape requirements where the visual quality and screening functions of the hardscape/landscape area are maintained. Landscape buffering and screening shall be designed to create compatible relationships of scale and appearance with neighboring properties. (6) Plant material shall be maintained in a healthy, disease-free, growing condition at all times. All required planting areas shall be maintained free of weeds, debris, and litter. The Planning Director may specify conditions of approval to assure that dead or diseased plantings are replaced in a timely manner and with adequate replacement plantings. Guidelines: (1) Rooftop gardens, edible gardens, and other sustainable agricultural landscaping alternatives are encouraged for multi-family, commercial, industrial, and multi-family developments. Rooftop gardens are particularly encouraged where the rooftop is highly visible from,neighboring properties. (2) Structural soils, as specified by the Director of Planning and Community Environment, shall be preferred where planting in compacted soil areas, such as parking lots and sidewalks. (3) Landscape swales, permeable paving and other landscape features should be incorporated into site design to the maximum extent feasible to accommodate filtration of stormwater runoff from impervious areas, particularly from parking lots. (4) All projects requiring discretionary review within the multi-family, commercial, or industrial zoning districts should, where feasible, include the following: (a) Incorporation of recycled water usage into the design of landscape and irrigation systems. (b) Consideration of plants suitable for irrigation with recycled water. (c) The installation of the infrastructure necessary to connect the irrigation system to the city's recycled water supply, if available in the foreseeable future. 10 070222 syn 0130041 (5) The Director may allow a combination ofhardscape and landscape to satisfy landscape requirements where permeable surface materials are used and where the visual quality and screening functions of the hardscapellandscape area are maintained, as specified in the conditions of approval. 18.40.140 Stream Corridor Protection (a) Purpose The purpose of the water resources protection measures specified below is to provide site planning and development standards designed to preserve riparian resources, protect improvements from damage caused by potential stream flooding and bank erosion, and minimize storm water pollution. The further intent of the regulations and guidelines is to consider these factors in site planning early in the review process. (b) Water Resources Protection for Streamside Properties (I) Streamside review area "Streamside Review Area" means all properties abutting a stream or located within 50 feet from the top of a stream bank, except those properties separated from the stream by a public street. (2) Applicability of streamside review area requirements and guidelines For parcels within the Streamside Review Area, the following types of developments are subject to these requirements and guidelines listed in subsections (3) and (4) below. (a) Development in all zones except the R-I, R-2 and RMD districts; (b) Development in the R-I, R-2, or RMD zones requiring discretionary review, including but not limited to: (i) Individual Review for a new two-story home (ii) Individual Review for a new second story on an existing house, where an expansion or change in the building footprint results (iii) Variances, including for fences (iv) Home Improvement Exceptions; and (c) Development requiring a Conditional Use Permit in the R-I, R-2, or RMD zones. The following projects are exempt from Streamside Review Area requirements and guidelines: (a) Less than 3 cubic yards of earthwork associated with landscaping with native riparian vegetation or with remedial creek bank stability work deemed necessary by the Director of Public Works; (b) Interior construction; or 11 070222syn 0130041 (c) Replacement of utility service laterals where location outside the protected areas is not readily available. (3) Reguirements within streamside review area (a) Slope stability protection area. All development shall be located outside the slope stability protection area. The slope stability protection area shall extend to a point 20 feet landward from the top of bank or to a point measured at a ratio of 2: 1 (horizontal: vertical) landward from the toe of bank, whichever is greater. The following structures/uses shall not be allowed within the slope stability protection area: (i) All structures (including accessory structures); (ii) Decks of any height; (iii) Swimming pools, spas, and hot tubs; and (iv) Parking lots. Exceptions to this requirement may be granted by the Director of Public Works where the applicant provides a geotechnical slope stability analysis, demonstrating that the proposed development would not threaten the stability of the stream bank slope, require introduction of hardscape in order to maintain the stream bank slope, or be at risk of damage from future bank stability or erosion, and demonstrating how maintenance and repair of the stream could be provided with the proposed development in place, subject to compliance with requirements (b) through (i) below and with all applicable zoning setbacks. (b) New fences shall be constructed a minimum of five feet landward from the top of bank. (c) All native riparian vegetation within 100 feet from the top of bank shall be retained unless its removal is approved by the Director of Planning and Community Environment. Replacement planting shall be required when native riparian vegetation is approved for removal. (d) Planting of non-native invasive plant species is not permitted. Prohibited plant material is listed in the Santa Clara Valley Water Resources Protection Collaborative's User Manual: Guidelines and Standards for Land Uses Near Streams. (e) Only native riparian vegetation shall be planted between the top of the banks ofa stream. (f) Loading docks, trash enclosures, chemical storage areas, and stationary noise-producing mechanical equipment shall be located a minimum of 50 feet from the top of bank ofa stream, provided that the Director may allow noise,.producing equipment closer than 50 feet where site conditions and/or other setback requirements make compliance impractical. 12 070222 syn 0130041 (g) Nighttime lighting shall be directed away from the riparian corridor of a stream. (h) Irrigation systems shall be designed such that they do not cause soil erosion. (i) All pennitted improvements shall be constructed in a manner consistent with the current version of the Santa Clara Valley Water Resources Protection Collaborative User Manual: Guidelines and Standards for Land Uses Near Streams. (4) Guidelines within streamside review area: (a) The distance between nighttime lighting and the riparian corridor of a stream should be maximized. (b) Bright colors and glossy or glare-producing building finishes on buildings facing streams or riparian areas should be avoided. (c) Lot measurement along Watercourses No portion of a lot which is located within the easement lines, or top of the banks in the event such easement lines cannot be ascertained, of any natural watercourse, river, stream, creek, waterway, channel, or flood-control easement or drainage easement shall be included in the detennination of lot area and lot dimensions. In the case of any such lot which is bounded, in whole or in part, by any such natural watercourse, river, stream, creek, waterway, channel, or flood- control easement or drainage easement, for those portions of the lot so bounded, all measurements and dimensions specified by this title and related to or detennined from lot lines shall be measured from said easement line, or top of the bank, of such watercourse. Provided the expansion of an existing easement over a lot adjacent to San Francisquito Creek and fronting on Edgewood Drive in favor of the Santa Clara Valley Water District (or its successor in interest) on or after January 1, 2002 shall not alter the calculation of lot area. Lot area, lot dimensions, and setbacks shall be calculated for such lots as if the post-January 1, 2002 easement had not been created. 18.40.150 (a) Purpose Storm Water Quality Protection The purpose of this section is to preserve and enhance stonn water quality by reducing pollutants discharged to streams and the San Francisco Bay. Projects are encouraged to incorporate site design measures to reduce stonn water pollution by decreasing or slowing stonn water runoff or interrupting the flow of runoff across a series of contiguous impervious surfaces into land development projects. (b) Applicability of Guidelines All projects are subject to these guidelines. The following site design measures should be included in site and building design wherever feasible in order to 13 070222 syn· 0130041 minimize stonn water runoff and protect and enhance the quality of stonn water runoffleaving the site. (c) Guidelines for Storm Water Quality Protection II II II II II (1) Minimize land disturbance and preserve high-quality open space, riparian corridors, and wetlands on the development site. (2) Minimize the amount of impervious surface (e.g., buildings, roads, driveways, parking lots, etc.). (3) Minimize directly connected impervious areas by routing stonn runoff into vegetated swales and other landscaped areas before it reaches a stonn drain, street, or stream. (4) Utilize minimum-impact street design standards (e.g., narrow streets and sidewalks, penneable pavements, etc.). (5) Utilize minimum-impact parking lot design standards (e.g., parking lot island and perimeter landscaping for stonn water drainage, penneable pavements, etc.). (6) Utilize minimum-impact driveway design standards (e.g., narrow width, "Hollywood" strips, shared driveways, penneable pavements, etc.). (7) Cluster structures, pavement and other impervious surfaces on the development site. (8) Route rain water leaders into landscaped areas through the use of splash blocks or pop-up emitters, rather than directly to an underground stonn drain, in order to promote filtration and infiltration of roof runoff. (9) Utilize microdetention techniques (e.g., bioretention planters, cisterns, etc.) to slow and reduce stonn runoff. (10) Minimize changes to the volume, flow rate, timing, or duration of stonn runoff from the development site. 14 070222syn 0130041 SECTION 4. Chapter 18.42 (Standards for Special Uses) of Title 18 [Zoning] of the Palo Alto Municipal Code is hereby added to read as follows: Sections: 18.42.010 18.42.020 18.42.030 18.42.040 18.42.050 18.42.060 18.42.070 18.42.080 18.42.090 18.42.100 18.42.110 18.42.010 Chapter 18.42 STANDARDS FOR SPECIAL USES Purposes Application Accessory Uses and Facilities Pennitted Uses and Facilities in Required Yards Temporary Uses Home Occupations Vehicle Equipment Repair and Storage Reverse Vending machines Alcoholic Beverages Mobile Homes (Manufactured Housing) Wireless Communication Facilities Purposes This chapter provides site planning and development standards for special uses in multiple zoning districts (e.g., in residential, commercial and/or industrial districts). 18.42.020 Application The regulations set forth in this Chapter shall apply to the special uses set forth below, in addition to other applicable provisions of this chapter including the standards of the zone district where the use is located. 18.42.030 Accessory Uses and Facilities (a) Examples of accessory uses and facilities Accessory uses and facilities include, but are not limited to, the following list of examples; provided-that each accessory use or facility shall comply with all provisions of this title: (1) Residential garages, carports, and parking facilities, together with access and circulation elements necessary thereto; (2) Customer, visitor, and employee parking facilities, and off-street loading facilities, together with access and circulation elements necessary thereto; (3) Facilities for storage incidental to a principal use; 15 070222syn 0130041 (4) Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility; (5) Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use, when conducted entirely within a principal facility; (6) Building management offices when located within the principal facility and limited to the management thereof; (7) Refreshment and service facilities in parks, in playgrounds, and in permitted public or private recreation facilities or schools; (8) The operation of service facilities and equipment in connection with schools, hospitals, and similar institutions or uses, when located on the site of the principal use. (b) If associated with a permitted use or facility Accessory uses and. facilities shall be permitted in any district when incidental to and associated with a permitted use or facility, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions of this section. (c) Accessory uses and facilities are conditional on principal use facility permit No use or facility permitted as an accessory use or facility pursuant to this section shall be construed to be permitted as a principal use or facility unless specifically authorized as a permitted or conditional use in the district in which it shall be located. Operation, occupancy, and continuance of allowable accessory uses and facilities shall be conditioned upon the continued occupancy or use of the principal use or facility being served. (d) Relation to principal structures and location (1) Accessory uses and facilities shall be subordinate to the primary activity of the principal use or the principal facility, respectively; (2) Accessory uses and facilities shall contribute to the comfort, convenience, efficiency, or necessity of the occupants or the activities of a principal use, or the function of a principal structure; (3) Accessory uses and facilities shall be located on the same site as the principal use or structure served, except as otherwise authorized by this title. (4) Accessory buildings located within a required interior yard, as permitted by this section, shall not individually or cumulatively occupy an area exceeding fifty percent of the required rear yard. 16 070222syn 0130041 18.42.050 Temporary Use The Director of Planing and Community Environment ("director") may grant a temporary use permit authorizing the use of a site in any district for a temporary use, subject to the following provisions: (a) Application shall be made to the director and shall be subject to the fee prescribed by the municipal fee schedule. (b) The permit may be granted by the director without a requirement for public hearing and notice. (c) The permit may include authorization to vary from specific requirements of this title as may be solely related to the requested temporary use. (d) A temporary use permit, if granted by the director, shall be valid for a specifically stated time period not to exceed forty-five days. The director may impose such reasonable conditions or restrictions as he or she deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity. (e) A temporary use permit may be granted by the director if, from the application or the facts presented to him, he finds: (1) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. (2) The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title. (I) Any person who obtains a temporary use permit as provided by this section and fails to abide by its conditions is guilty of a misdemeanor. (&) Any person who uses a site for a temporary use in violation of Title 18 and fails to obtain a temporary use permit as required by this section is guilty of a misdemeanor. 18.42.060 Home Occupations Where permitted, a home occupation shall be subject to the following limitations: (a) The home occupation shall be conducted in a manner that is compatible with residential uses permitted in the same district, and in a manner which does not change the character and appearance of the dwelling unit in which it is conducted. (b) No person shall be employed on the site in connection with the home occupation except lawful occupants of the dwelling unit within which the home occupation is conducted. (c) No advertising shall be permitted on the site. 17 070222syo 0130041 (d) Not more than twenty-five percent of the gross floor area of the dwelling unit, or 46.5 square meters (five hundred square feet) of gross floor area on the site including accessory buildings, whichever is less, shall be devoted to the home occupation. (e) The home occupation shall not be conducted in a manner which generates traffic or parking demand or vehicular deliveries substantially greater than customarily associated with residential occupancy of the dwelling unit. (I) No mechanical, electrical, or other equipment shall be used, nor shall a home occupation be conducted in any manner which is a nuisance or is noxious, offensive, or hazardous by reason of vehicular traffic, noise, electrical or magnetic interference, vibration, particulate matter, odor, heat, humidity, glare, refuse, radiation, or other objectionable emissions or effects. (g) No outdoor storage of any material, equipment or goods shall be permissible in connection with any home occupation. 18.42.070 Vehicle Equipment Repair and Storage (a) Allowable hours and location for vehicle repair No person shall service, repair, assemble, disassemble, wreck, modify, restore, or otherwise work on any vehicle, motor vehicle, camper, camp trailer, trailer, trailer coach, motorcycle, motor-driven cycle, house car, boat, or similar conveyance except when conducted within a garage or accessory building, or during the hours of 8:00 a.m. and 9:00 p.m. when conducted in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. Notwithstanding the foregoing, this section shall not be construed to prohibit occasional minor maintenance such as changing spark plugs, oil, belts and hoses. (b) Vehicle storage No person shall store, place or park any of the conveyances designated in subsection (a), or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, including an unmounted camper, camp trailer, trailer, trailer coach and similar nonmotorized conveyance, or any other structure or device exceeding .46 cubic meters (sixteen cubic feet) in volume to be carried upon or in any such conveyance, or any equipment, machinery, or similar material unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. (c) Maximum continuous hours of vehicle repair No person shall service, repair, assemble, disassemble, wreck, modify, restore, or otherwise work on, or store, place, and park any of the conveyances designated in this section (excluding [1] passenger vehicles other than house cars, and [2] 18 070222syn 0130041 "pickup" motor trucks on which no equipment other than a camper is mounted), whether disabled or fully operative, for an aggregate period of over seventy-two hours during any continuous period of ninety-six hours in any open areas on a lot only in locations where an accessory building or principal building of equivalent height or bulk would be permitted by the provisions of this title. (d) Refer to California Vehicle Code for conveyance definitions For the purpose of this section, references to types of conveyances shall have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. (e) Chapter 18.94 shall not be applicable to this section. (0 Limitations for sleeping In recreation vehicles SUbject to securing a permit therefore from the building official and otherwise complying with applicable law, the use of a recreational vehicle, as defined in this title, may be permitted for sleeping purposes only for a period not to exceed thirty consecutive days in any calendar year for not more than two nonpaying guests of the occupant.of a single-family dwelling in accord with all applicable regulations governing parking and storage of vehicles. (g) Vehicle visibility from public streets Except in the as ( open space) and AC (agricultural conservation) districts, no person shall store, place, or park any of the conveyances designated in this section, whether disabled or fully operative, in any areas visible from a public street unless it is parked or stored upon either permeable or impermeable paving surface. (h) Parked vehicles shall not obstruct traffic views at intersections No person shall store, place, or park any of the conveyances designated in this section within the thirty-five foot triangle of property. at the intersection of streets improved for vehicular traffic. (I) Parked vehicles maximum coverage of front yard No person shall store, place, or park any of the conveyances designated in this section in a manner that they cover more than 40 percent of any required front yard. 0) Each day of violation: a separate offense Violation of this section is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. 19 070222 syn 0130041 18.42.080 Reverse Vending Machines Reverse vending machines may be established only in conjooction with an otherwise allowed commercial or industrial use and may not exceed a maximum of three machines per site or one hoodred fifty cubic feet in volume per site. Sites containing reverse vending machine(s) shall include a refuse container adjacent to the machine(s) and shall be maintained in a litter free condition. In addition, a reverse vending machine shall: (1) Not exceed eight feet in height; (2) Be located on the site in a manner which will assure compatibility with surroooding uses; (3) Be subject to the noise restrictions contained in Chapter 9.10 of this code. 18.42.090 Alcoholic Beverages (a) Conditional use permit required in tandem with on-sale license In any district where otherwise permitted by this title. any eating and drinking establishment or other use having any part of its operation subject to an on-sale license required by the State of California shall be subject to securing a conditional use permit. (b) Conditional use permit required with new on-sale license A conditional use permit shall be obtained in the case of premises for which no conditional use permit is in force, whenever a new on-sale license is required by the State of California. (c) Amendment to conditional use permit required with expansion In the case of premises for which a conditional use permit is in force, which permits the sale of alcohol, an amendment to such permit shall be required whenever such use is intensified or is expanded in square footage. (d) Amendment to conditional use permit required with new on-sale license In the case of premises for which a conditional use permit is in force, but such use permit does not permit sales of alcohol. an amendment to such permit shall be required whenever a new on-sale license is required by the State of California. 18.40.100 . Mobile Homes (Manufactured Housing) In order to be located in any residential district or on any site in any other district used for residential occupancy, a mobile home (manufactured housing) must: 20 070222syn 0130041 (a) National Mobile Home Construction and Safety Standards Be certified under the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.c. Section 5401, et seq.) or any successor legislation; (b) Permanent Foundation System Be located on a pennanent foundation system approved by the building official pursuant to all applicable laws, including, but not limited to, California Health and Safety Code Section 18551 or successor legislation. (c) Site regulations Must meet all of the application site regulations of the district in which it is located; (d) Not allowed in historical district of the city Notwithstanding any other provisions of this title, mobile homes (manufactured housing) on pennanent foundations shall not be allowed in any historic district of the city as designated in Chapter 16.49. 18.42.110 Wireless Communication Facilities (a) Purpose The purpose of this section is to accommodate continued improvements to wireless communications while minimizing visual impacts of such development. Wireless communication facilities (WCF) are pennitted subject to architectural review and/or a conditional use pennit for placement and design of the antennas and related equipment to provide for facilities that blend with the existing surroundings. Building mounted WCF and co-location facilities are preferred and encouraged, subject to all other provisions of this section. (b) Review Procedure For projects proposed on a historic structure/site, as designated by Chapter 16.49, Historic Review is required in addition to the Architectural Review and/or Conditional UsePennit. A Conditional Use Pennit and Architectural Review are required for: (l) Projects that are located on a residentially zoned parcel; (2) Projects that are located on a parcel with residential use; (3) Projects that are a stand alone wireless communication facility; (4) Building-mounted projects that exceed the existing height of the building/roof-top screening; or (5) An existing wireless communication facility that is modified from the original CUP approval (e.g. size, location, capacity, landscaping, etc.). 21 070222syn 0130041 Architectural Review, but no Conditional Use Pennit, is required for: (1) Building-mounted projects that do not exceed the existing building/roof- top screening height; (2) Building-mounted projects on aPlanned Community (PC) zoned site that do not exceed the existing building/roof-top screening height; all other project types require a PC Amendment; or (3) Co-location facilities. (c) Development Standards and Exceptions Each proposed project shall meet the standard zoning requirements for the zone district in which it is located. The following development exceptions may be considered and approved in conjunction with the required review process: (1) Building-mounted WCF may extend 15' beyond the pennitted building height in the zone. (2) Stand alone WCF shall be no taller than 65' . (3) Stand alone WCF may encroach into the interior/street side and rear setback. (d) Equipment Cabinets and Enclosures (1) Shall utilize the smallest footprint possible; (2) Shall be designed to minimize overall height, mass, and size; (3) Shall be screened from public view; and (4) Shall be architecturally compatible with the existing site. (5) Shall not be placed in a location that removes required landscaping or reduces landscaping to a level of noncompliance. (e) Antenna Design (1) Antennas shall be designed to minimize visibility offsite and shall be of a "stealth" design; and (2) Building-mounted antennas shall be architecturally compatible with the existing building. (t) Removal of Abandoned Equipment /I /I Wireless communication facilities, or any components of a facility, that are no longer in use shall be removed by the applicant, service provider, or property owner within three months of the tennination of use. No new pennit shall be issued to a carrier if that carrier has not removed abandoned equipment. 22 070222syn 0130041 SECTION 5. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: January 22,2007 February 5, 2007 BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR NOT PARTICIPATING: 1~U?ff ayor APP ED: 23 070222syn 0130041