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Home My WebLink About2006-11-06 Ordinance 4923follows: ORDINANCE NO. 4923 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO DELETING CHAPTERS 18.41 (NEIGHBORHOOD COMMERCIAL), 18.44 (COMMUNITY COMMERCIAL COMBINING DISTRICT (CC(2», 18.45 (SERVICE COMMERCIAL, AND 18.49 (COMMERCIAL DOWNTOWN), ADDING PORTIONS OF A NEW CHAPTER 18.16 (NEIGHBORHOOD, COMMUNITY, AND SERVICE COMMERCIAL DISTRICTS), ADDING A NEW CHAPTER 18.18 (DOWNTOWN COMMERCIAL DISTRICT), AND AMENDING SECTION 18.94.970 (NONCONFORMING USES AND NONCOMPLYING FACILITIES) OF THE PALO ALTO MUNICIPAL CODE (ZONING ORDINANCE), AND AMENDING SECTION 16.20.120(a) (FREESTANDING SIGNS) OF TITLE 16 (BUILDING REGULATIONS) OF THE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as (a) That 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 1998-2010 Palo Alto Comprehensive Plan includes several programs and policies related to commercial and mixed use development. The Zoning Ordinance Update was initiated in part to accomplish these programs and policies. (c) The last comprehensive update of the Palo Alto Zoning Code took place in 1978. Provisions for commercial and mixed use development in that update do not respond to current Comprehensive Plan goals and highly constrain and create a cumbersome review process for mixed use development. /I II II II II I 061204 syn 0120176 SECTION 2. Chapters 18.41 (Neighborhood Commercial), 18.44 (Community Commercial Combining District), 18.45 (Service Commercial), and 18.49 (Commercial Downtown) of Title 18 [Zoning] of the Palo Alto Municipal Code are hereby repealed in their entirety: SECTION 3. Portions of Chapter 18.16 of Title 18 [Zoning] ofthe Palo Alto Municipal Code are hereby added to read as follows (shaded areas are not included in this ordinance): Chapter 18.16 NEIGHBORHOOD, AND SERVICE Sections: 18.16.010 18.16.020 18.16.030 18.16.040 18.16.050 18.16.060 18.16.070 18.16.080 18.16.090 18.16.100 18.16.010 COMMERCIAL DISTRICTS Purposes Applicable Regulations Definitions Land Uses Office Use Restrictions Development Standards Parking and Loading Performance Standards Context-Based Design Criteria Grandfathered Uses Purposes The commercial zoning districts are intended to create and maintain sites for retail, personal services, eating and drinking establishments, hotels and other business uses in a manner that balances the needs of those uses with the need to minimize impacts to surrounding neighborhoods. (a) Neighborhood Commercial [CN] The CN neighborhood commercial district is intended to create and maintain neighborhood shopping areas primarily accommodating retail sales, personal service, eating and drinking, and office uses of moderate size serving the immediate neighborhood, under regulations that will assure maximum compatibility with surrounding residential areas. 2 061204 syn 0120176 (c) Community Commercial (2) Subdistrict [CC(2)] The community commercial (2) (CC(2» subdistrict is intended to modify the site development regulations of the CC community commercial district, where applied in combination with such district, to allow site specific variations to the community commercial uses and development requirements in the CC district. (d) Service Commercial [CS] The CS service commercial district is intended to create and maintain areas accommodating citywide and regional services that may be inappropriate in neighborhood or pedestrian-oriented shopping areas, and which generally require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles. 18.16.020 Applicable Regulations (a) Applicable Chapters The specific regulations of this chapter and the additional regulations and procedures established by other relevant Chapters of the Zoning Code shall apply to the CN, CS, and CC districts, and the subdistrict designated as CC(2), as shown on the City's Zoning Map. The term "abutting residential zones," where used in this Chapter, includes the Rl, R2, RMD, RM-15, RM-30, RM-40, or residential Planned Community (PC) districts, unless otherwise specifically noted. (b) Applicable Combining Districts The combining districts applicable to the CN, CS,. and CC(2) districts shall include, but shall not be limited to, the following districts: (1) The retail shopping (R) combining district regulations, as specified in Chapter 18.46, shall apply to the area of the CN, CS_ districts designated as "R" combining district as shown on the City's Zoning Map. (2) The pedestrian shopping (P) combining district regulations, as specified in Chapter 18.47, shall apply to the area of the CN, CS,. and CC(2) districts designated "P" combining district as shown on the City's Zoning Map. 18.16.030 Definitions For the purposes of this section, the following terms are defined: (a) "Charleston Shopping Center" is defined as all properties zoned CN and bounded by East Charleston Road, Middlefield Road, and Cubberley Community Center. (b) "Midtown Shopping District" is defined as all properties zoned CN in the vicinity of the intersection of Colorado A venue and Middlefield Road which border Moreno Avenue, Bryson Avenue, Colorado Avenue, and San Carlos Court, or which border Middlefield Road in the area extending from Moreno Avenue to San Carlos Court. 3 061204 syn 0120176 (e) "Neighborhood-serving offices" are medical offices, professional offices, travel agencies, and insurance agencies that fit the definition of a neighborhood-serving use. (f) A "Neighborhood Serving Use" is a use that primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of customers and clients travel, rather than the provider of the goods or services traveling off-site. (g) "Ground Floor" shall mean the first floor that is above grade. (h) "Mixed Use Development" shall mean a combination of nonresidential and residential uses arranged on a site. The uses may be combined in a vertical configuration (within a building) or in a horizontal configuration (separate buildings). 18.16.040 Land Uses The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. (a) Commercial Zones and Land Uses Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1: Table 1: CN, CC(2} and CS Permitted and Conditional Uses • Subject to LAND USE C~4) CS(4) Regulations CC(2) in: '''' ,,"""" :' " ' " ' ' A.("i~ESSORV AND SUPPORT USES c ,'" , Accessory facilities and activities customarily associated with or essential to permitted uses, and P P P 18.88 operated incidental to the principal use. Drive-in services or take-out services associated CUP CUP CUP 18.88 with permitted uses(3) "Tire, battery, and automotive service facilities, when operated incidental to a permitted retail CUP 18.88 service or shopping center having a gross floor area of more than 30,000 square feet. 4 061204 syn 0120176 LAND USE Business and Trade Schools Churches and Religious Institutions Private Educational Facilities Private Clubs, Lodges, or Fraternal Organizations lJ~l.~~~G,;\N]) ":e;R.Q~I¥SS:INGUSE.s Recycling Centers Warehousing and Distribution Administrative Office Services Medical Offices Professional and General Business Offices ,> \' ': '~ .. '.'.. ... .. 'flJ1J:LIC/QUAsI-PUBLIC·USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. Commercial Recreation Outdoor Recreation Services Multiple-Family Home Occupations Residential Care Homes Eating and Drinking Services, excluding drive-in and take-out services Retail Services, excluding liquor stores Liquor stores Shopping Centers ·i:~.:;:X":i" ",\\~(\.'.:" . .' '.' ':$~JtVI(}t'JrSES Ambulance Services 061204 syn 0120176 P CUP CUP CUP '. '. CUP P CUP CUP CUP p(l) P p p p CUP CUP 5 • CC(2) P P P P CUP CUP P CUP CUP CUP p(l) p p p p p p CUP : ... .. P P P P CUP CUP ' ... '. P CUP P CUP '. , ... " CUP CUP p(l) p p Subject to Regulations in: 18.16.050 18.16.050 18.16.050 18.16.060(b) 18.88 ······.··IF:c· ' .: p p p 18.16.060(e) CUP • Subject to LAND USE C~4) CS(4) Regulations CC(2) in: Animal Care, excluding boarding and kennels P P P Boarding and Kennels CUP Automobile Service Stations CUP CUP CUP 18.82 Automotive Services CUP Convalescent Facilities CUP P P Day Care Centers P P P Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes CUP P P Banks and Financial Services CUP p(2) p(2) General Business Services CUP P Hotels P P 18.16.060(d) Mortuaries CUP P P Neighborhood Business Services P 18.16.060(f) Personal Services P P P 18.16.060(f) Reverse Vending Machines P P P 18.88 ~:l;\ ", '. ',.' ~ .~ ~~';,:' ., '" .,: 'T~M:fQ~Y USES Farmer's Markets CUP CUP CUP Temporary Parking Facilities, provided that such CUP CUP CUP facilities shall remain no more than five years. :"·/,'·'t'; ". ' .. :: .... ' .. .. • • ~:f~S:P:QR.'fAT~ONUSES. .. Parking as a principal use CUP CUP Transportation Terminals CUP CUP P = Permitted Use CUP = Conditional Use Permit Required (I) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18. 16.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.16.060( c). (2) Except drive-in services. (3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another. (4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit. 6 061204 syn 0120176 (b) Late Night Use and Activities The following regulations restrict businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m., where such site abuts or is located within 50 feet of residentially zoned properties. (1) Such businesses shall be operated in a manner to protect residential properties from excessive noise, odors, lighting or other nuisances from any sources during those hours. (2) For properties located in the CN or CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply conditions of approval as are deemed necessary to assure that the operations or activities are compatible with the nearby residentially zoned property. (c) CN District: Special Use Requirements in the Charleston and Midtown Shopping Centers The following regulations shall apply to areas of Charleston Center and the Midtown Shopping Center as defined in Section 18.16.030. Table 2 shows the uses permitted and conditionally permitted on the ground floor of the applicable areas of the Charleston Center and Midtown Shopping Centers. Permitted and conditional uses specified in subsection (a) ofthis section shall only apply to the ground floor of the areas of the Charleston and Midtown Shopping Centers as listed in Table 2. Uses lawfully existing on January 16,2001 may be continued as non-conforming uses but may only be replaced with uses permitted or conditionally permitted under this subsection. Table 2: Charleston and Midtown lSbc)PPlnl! Neighborhood-serving offices that do not exceed 2,500 square feet in floor area. 061204 syn 0120176 p 7 18.16.050 Neighborhood-serving offices exceeding 2,500 square feet in floor area. Administrative office uses and general business office uses (other than neighborhood-serving travel agencies and insurance agencies) other than those legally in existence on January 16, 2001 Medical offices not exceeding 2,500 square feet in area, professional offices, travel agencies, and insurance agencies Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. Commercial Recreation Outdoor Recreation Services Private Clubs, Lodges, or Fraternal Organizations Eating and Drinking Services, excluding drive-in and take-out services Retail Services, excluding liquor stores Liquor stores Ambulance Services Animal Care, excluding boarding and kennels Automobile Service Stations Convalescent Facilities Day Care Centers Financial Services Mortuaries Neighborhood Business Services 061204 syn 0120176 8 CUP 18.16.050 x x 18.16.050 CUP 18.16.050 CUP CUP CUP CUP CUP CUP CUP CUP x x P P P P CUP CUP CUP CUP P P CUP CUP 18.82 CUP CUP P P CUP CUP CUP CUP P P Farmers' Markets CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five CUP CUP years. P = Permitted Use CUP = Conditional Use Permit Required X Prohibited Use (d) Charleston Shopping Center: Additional Use Restrictions (1) Any office use first occupying space at the Center on or after January 16,2001, shall obtain a written determination from the director of planning and community environment that it qualifies as a neighborhood serving use, as defined in this chapter, before occupying its premises. The applicant shall submit such information as the director shall reasonably require in order to make the determination, and the director shall issue the determination within 30 days of receiving a complete application. Failure to submit the required information shall be grounds for determining that a business is not neighborhood-serving. (2) No more than 7,850 square feet of total floor area at the Center shall be occupied by office uses at any time. (3) Prior to approving a conditional use permit for neighborhood-serving offices larger than 2,500 square feet in total floor area, the city shall find that the proposed use will be neighborhood-serving, that it will be conducted in a manner that will enhance and strengthen the Center as a neighborhood resource, and that it will not diminish the retail strength of the center. (e) Midtown Shopping Center: Additional Use Restrictions (1) An existing ground floor office may be replaced with another office if (a) the new tenant or owner will continue the existing business or practice; or (b) a conditional use permit is issued for the new office use. (2) No conditional use permit shall be issued for any new office use on the ground floor unless, in addition to the findings required for a conditional use permit as specified in Chapter 18.76.010, the City finds that the proposed use will be neighborhood serving, that it will be conducted in a manner that will enhance and strengthen the Midtown Shopping District as a neighborhood resource, and that it will not diminish the retail strength of the District. (3) For properties at 711, 719, and 721 Colorado Avenue, and 689 Bryson Avenue, buildings not fronting on Middlefield Avenue, designed and used for office purposes, 9 061204 syn 0120176 and not well suited to other uses are exempt from the provisions ofthis subsection (b). 18.16.050 Office Use Restrictions The following restrictions shall apply to office uses: (a) Conversion of Ground Floor Housing and Non-Office Commercial to Office Medical, Professional, and Business offices shall not be located on the ground floor, unless such offices either: (1) Have been continuously in existence in that space since March 19, 2001, and as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.95; (2) Occupy a space that was not occupied by housing, retail services, personal services, eating and drinking services, or automotive service on March 19,2001 or thereafter; (3) In the case of CS zoned properties with site frontage on El Camino Real, were not occupied by housing on March 19,2001; (4) Occupy a space that was vacant on March 19, 2001; (5) Are located in new or remodeled ground floor area built on or after March 19,2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; (6) Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically allows for such ground floor medical, professional, and general business offices; or (7) Are located anywhere in Building E or in the rear 50% of Building C or D ofthe property at the southeast comer ofthe intersection of Park Boulevard and California A venue, as shown on sheet A2 of the plans titled "101 California Avenue Townhouse/Commercial/Office, Palo Alto, CAli by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department of Planning and Community Environment. (b) Size Restrictions on Office Uses in the CN and CS Districts (1) In the CN district, office uses shall be governed by the following regulations: (A) Total floor area of permitted office uses on a lot shall not exceed 25% ofthe lot area, provided: (i) A lot shall be permitted to have at least a total floor area of 2,500 square feet of office uses, provided the uses meet all other zoning regulations. (ii) No lot shall be permitted to have more than a total floor area of 5,000 square feet of office uses. (B) Such uses may be allowed to exceed the maximum size, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.76. The 10 061204 syn 0120176 maximum size for any conditional use shall be established by the zoning administrator and specified in the conditional use permit for such use. (2) In the CS district, office uses shall be governed by the following regulatipns: (A) No lot shall be permitted to have more than a total floor area of 5,000 square feet of office uses. (B) Such uses may be allowed to exceed the maximum size, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.76. The maximum size for any conditional use shall be established by the zoning administrator and specified in the conditional use permit for such use. 18.16.060 Development Standards (a) Exclusively Non-Residential Uses Table 3 specifies the development standards for exclusively non-residential uses and alterations to non-residential uses or structures in the CN,. CC(2) and CS districts. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020: a e . xc USlvelY on-eSl en la eve opmen an ar s . T bi 3 E I • I N R'd f I D I tSt d d CN • CC(2) Subject to CS regulations in Section: Minimum Site Specifications Site Area (ft?) Site Width (ft) None Required Site Depth (ft) Minimum Setbacks Front Yard (ft) 0-10' to 0-10' to 0-10' to Setback lines create an create an create an imposed bya 8'-12' 8'-12' 8'-12' special setback map pursuant to effective effective effective Chapter 20.08 of sidewalk sidewalk sidewalk this code may width width width apply (1).(2).(8) (1 ).(2).(8) (1).(2).(8) Rear Yard (ft) None required Interior Side Yard (ft) Street Side Yard (ft) 20,(2) None required 11 061204 syn 0120176 CN • CC(2) Subject to CS regulations in Section: Minimum Yard (ft) for lot lines abutting or opposite residential 10,(2) -10,(2) 10,(2) districts or residential PC districts Build-To-Lines 50% of frontage built to setback (7) 33% of side street built to setback (7) Minimum setbacks from alleys for structures other than PUbli~ft)(3) U .j!araj!es lJilll\.IUJ!> Comer lots, from rear 8' lot line on the alley Not applicable Comer lots, from side None Not lot line on the alley applicable All lots other than 20' comer lots M: Site (;O'y~lilJ!>~ 50% None Required ..... -, Heioht (ft) 0. .3. . .3 25' and CI 37'(4) 50' ~ Within 150 ft. of a 2 residential zone district stories (other than an RM-40 or • 35' 35' PC zone) abutting or located within 50 feet of the site Maximum Floor Area 0.4:1 • 2.0:1 0.4:1 18.18.060(e) Ratio (FAR) Maximum Floor Area N/A • 2.0:1 2.0:1 18.18. 060( d) Ratio (FAR) for Hotels Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC zone. Initial Height at side or • -(6) (6) rear lot line (ft) -(6) - Slope }b) J6) }b) 12 061204 syn 0120176 Subject to CN • CC(2) CS regulations in Section: (I) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped ~reen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line. (3) No setback from an alley is required for a public parking garage. (4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not intrude into the daylight plane. (5) See additional regulations in subsection (e) of this Section 18.16.050. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25' driveway access permitted regardless of frontage; build-to requirement does not apply to CC district. (8) A 12-foot sidewalk width is required along EI Camino Real frontage. (b) Mixed Uses Table 4 specifies the development standards for new residential mixed use developments. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020: Table 4: Mixed Use Development Standards • Subject to CN CC(2) CS regulations in: Minimum Site Specifications Site Area (ft2) Site Width (ft) None required Site Depth (ft) Minimum Setbacks Setback lines imposed bya special setback map pursuant to Chapter 20.08 of this code may apply 13 061204 syn 0120176 • Subject to CN CC(2) CS regulations in: Front Yard (ft) 0' ~ 10' 0' ~ 10' 0' ~ 10' to create to create to create an 8'-an 8'-an 8'- 12' 12' 12' effective effective effective sidewalk sidewalk sidewalk width(8) width(8) width(8) Rear Yard (ft) 10' for residential portion; no requirement for commercial portion Rear Yard abutting residential zone 10' district (ft) Interior Side Yard if abutting 10' residential zone district (ft) Street Side Yard (ft) 5' Build-To-Lines 50% of frontage built to setback(l) 33% of side street built to setback(l) Permitted Setback Encroachments Balconies, awnings, porches, stairways, and similar elements may extend up to 6' into the setback. Cornices, eaves, fireplaces, and similar architectural features (excluding flat or continuous walls or enclosures of interior space) may extend up to 4' into the front and rear setbacks and up to 3' into interior side setbacks Maximum Site Coverage 50% • 100% 50% Landscape/Open Space Coverage 35% • 20% 30% Usable Open Space 200 sq ft per unit for 5 or fewer units (2); 150 sq ft per unit for 6 units or more (2) Maximum Height (ft) Standard 35,(4) • 37' 50' Within 150 ft. of a residential zone district (other than an RM -40 or PC 35' .. 35,(5) 35,(5) zone) abutting or located within 50 feet of the site Daylight Plane for lot lines abutting Daylight plane height and slope shall be one or more residential zoning identical to those of the most restrictive districts residential zoning district abutting the lot line Residential Density (net) (3) 15 • 30 30 14 061204 syn 0120176 CN • CC(2) Subject to CS regulations in: Maximum Residential Floor Area 0.5:1(4) 0.6:1 0.6:1 Ratio (FAR) Maximum Nonresidential Floor Area 0.4:1 2.0:1 0.4:1 Ratio (FAR) Total Mixed Use Floor Area Ratio 0.9:1(4) 2.0:1 1.0:1 (FAR) Minimum Mixed Use Ground Floor 0.15:1 Commercial FAR (6) 0.15:1 0.25:1(7) 0.15:1 Parking See Chapter 18.83 (Parking) Chapter 18.83 (I) 25' driveway access permitted regardless of frontage; -(2) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space); (3) minimum private open space dimension 6'; and (4) minimum common open space dimension 12'. (3) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use. (4) For CN sites on El Camino Real, height may increase to a maximum of 40 feet and the FAR may increase to a maximum of 1.0: 1 (0.5: 1 for nonresidential, 0.5: 1 for residential). (5) For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height may be increased to 50 feet. (6) Ground floor commercial uses generally include retail, personal services, hotels and eating and drinking establishments. Office uses may be included only to the extent they are permitted in ground floor regulations. (7) If located in the California Avenue Parking Assessment District. (8) A 12-foot sidewalk width is required along El Camino Real frontage. (1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.82, except that mixed use projects with four or fewer residential units shall only require review and approval by the architectural review board. (2) Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with residential uses. (3) Residential mixed use development is prohibited on any site designated with an Automobile Dealership (AD) Combining District overlay. (e) Exclusively Residential Uses Exclusively residential uses are generally prohibited in the CN, CS, • and CC(2) zone districts. Such uses are allowed, however, where a site is designated as a Housing Opportunity Site in the Housing Element of the Comprehensive Plan. Such sites shall be 15 061204 syn 0120176 developed pursuant to the regulations for the multi-family zone designation (RM-15, RM-30, or RM-40) identified for the site in the Housing Element. (d) Hotel Regulations (1) Hotels, where they are a permitted use and .......... " ......... '" iiIiIiIiiii~imum FAR of2.0:1 (2) Hotels may include residential condominium use, subject to: (A) No more than 25% ofthe floor area shall be devoted to condominium use; (B) No more than 25% ofthe total number oflodging units shall be devoted to condominium use; and (C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s). (1) Size of Establishments in the eN District In the CN district, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 5. Such uses may be allowed to exceed the maximum establishment size, subject to issuance of a conditional use permit in accord with Section 18.76.010. The maximum establishment size for any conditional use shall be established by the zoning administrator and specified in the conditional use permit for such use. Table 5: Maximum Size of Establishment ";rype'OfEstablfsllment"" . :.::'l.,'., : -j MaxltDumSlze(rej :',' Personal Services 2,500 Retail services, except grocery stores 15,000 Grocery stores 20,000 Eating and drinking services 5,000 16 061204 syn 0120176 I Neighborhood business services 2,500 (g) Nuisances Probibited All uses, whether pennitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illuminations. Prior to issuance of a building pennit, or occupancy pennit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. (b) Outdoor Sales and Storage (1) In the eN district, all pennitted office and commercial activities shall be conducted within a building, except for: (A) Incidental sales and display of plant materials and garden supplies occupying no more than 500 square feet of exterior sales and display area, (B) Farmers' markets that have obtained a conditional use pennit, and (e) Recycling centers that have obtained a conditional use pennit. (2) In the ee(2) district, the following regulations shall apply to outdoor sales and storage: (A) Except in shopping centers, all pennitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) Outdoor eating areas operated incidental to pennitted eating and drinking servIces, (iii) Farmers' markets that have obtained a conditional use pennit, and (iv) Recycling centers that have obtained a conditional use pennit. (B) Anypennitted outdoor activity in excess of2,000 square feet shall be subject to a conditional use pennit. (e) Exterior storage shall be prohibited, except as provided under subparagraph (A)(iv) of this subsection. (3) In the es district, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to pennitted eating and drinking services shall be pennitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use pennit. 17 061204 syn 0120176 (B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height. (i) Recycling Storage All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 18.76.020. (j) Employee Showers Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 6. Table 6: Emlployee Medical, Professional, and General Business Offices, Financial Services, Business and Trade Schools, General Business Services Retail Services, Personal Services, and Eating and Drinking Services 18.16.070 Parking and Loading 2 4 Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapter 18.83 of this title. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and the design standards established by Chapter 18.83. 18.16.080 Performance Standards In addition to the standards for development prescribed above, all development in the CN, CS, • and CC(2) districts shall comply with the performance criteria outlined in Chapter 18.64 of the Zoning Ordinance. All mixed use development shall also comply with the provisions of Chapter 18.28 of the Zoning Ordinance. 18 061204 syn 0120176 18.16.090 Context-Based Design Criteria (a) Contextual and Compatibility Criteria Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. (1) Context (A) Context as used in this section is intended to indicate relationships between the site's development to adjacent street types, surrounding land uses, and onMsite or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies. (B) The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response. (2) Compatibility (A) Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design likages with the overall pattern of buildings so that the visual unity of the street is maintained. (B) Compatibility goals may be accomplished through various means, including but not limited to: (i) the siting, scale, massing, and materials; (ii) the rhythmic pattern of the street established by the general width of the buildings and the spacing between them; (iii) the pattern of roof lines and projections; (iv) the sizes, proportions, and orientations of windows, bays and doorways; (v) the location and treatment of entryways; (vi) the shadow patterns from massing and decorative features; (vii) the siting and treatment of parking; and (viii) the treatment oflandscaping. (b) Context-Based Design Considerations and Findings In addition to the findings for Architectural Review contained in Section 18.76.020( d) of the Zoning Ordinance, the following additional findings are applicable in the CN, CS, CC and CC(2) districts, as further illustrated on the accompanying diagrams: 19 061204 syn 0120176 (1 ) Pedestrian and Bicycle Environment The design of new projects shall promote pedestrian walkability,a bicycle friendly environment, and connectivity through design elements such as: A. Ground floor uses that are appealing to pedestrians through well-designed visibility and access (Figure I-I); B. On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings (Figure 1-2); C. Streetscape or pedestrian amenities that contribute to the area's streetscape environment such as street trees, bulbouts,benches, landscape elements, and public art (Figure 1-3); D. Bicycle amenities that contribute to the rea's bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths (Figure I-I); and E. Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street. (2) Street Building Facades W«Ie Bik.e ActiYegrouod floor uses Bulbouts increase pedestnan safety (Figure I-I) A'Nf'Iings provide weather protectIOn and create a pedestrian ~le Wide sidewalks provide positive pedestrian e>q)eri- enc.e in (ront or retail uses (Figure 1-2) Butbout$ increase pedestrian safety Minimize vehide iltC(!$sto ---~::-" prOYide a conllnuous: facade and street parlcing (Figure 1-3) Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s}, to create an environment that supports and encourages pedestrian activity through design elements such as: 20 061204 syn 0120176 A. Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with On .... t doo<ways and windOW$ to' create strong the street (Figure 2-1 ); relationship to street. Building mass shooid rieu- B. Facades that include projecting eaves late a definted pedestrian """'- and overhangs, porches, and other architectural elements that provide human scale and help break up building Ctearty denned , that are proportlOJ'lal to mass (Figure 2-2); size of bulldil1g and use C. Entries that are clearly defined features (Figure 2-1) of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale; D. Residential units and storefronts that have a presence on the street and are not walled-off or oriented exclusively inward; E. Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street; 21 061204 syn 0120176 F. All exposed sides ofa building designed with the same level of care and integrity; G. Reinforcing the definition and importance of the street with building mass; and H. Upper floors set back to fit in with the context of the neighborhood. (3) Massing and Setbacks Property line I ~--upper fi"",setback Build to Un. I Resldend,l Resldentl,l Commencal I 'I.. ~--12 ft effective sidewalk &;iklfngs selba:<k (rom the property line 10 (reate an effective 12' sidewalk on EI Carnine Real Upper noon> set b.lck to' fit in wit" Ihe context of the neighborhood. (Figure 2-2) Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as: A. Rooflines that emphasize and accentuate significant elements ofthe building such as entries, bays, and balconies (Figure 3-1); B. Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 3-1); 061204 syn 0120176 Roonirl(5(M emphasize -~~-~ signirlcant elements SIJ(:.h as -/--Corocrbuiidiflgs should be used to reinforce lfnpor1ant jntcrsectiOO$, A retAil entry tan sttcngthen the (orner. Buildlflgs should provide pedcstriM·scak:d detail, arl.icul<alion <tIld crilf1manshlp of the facade. (Figure 3-1) 22 C. Corner buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles (Figure 3-1); D. Building facades articulated with a building base, body and roof or parapet edge (Figure 3-2); E. Buildings set back from the property line to create an effective 12' sidewalk on EI Camino Real, 8' elsewhere (Figure 3-4); F. A majority of the building frontage located at the setback line (Figure 3-3); and G. No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential (Figure 3-3). 061204 syn 0120176 Buildings should be set -----'" back to creale a 12' effe<- live sidewalk along EeR Building facades articulated with a building base, body and mor or parapet edge. (Figure 3-2) UpperOoorsetback ----' should be used to relate to existing cootext Buildings should maximize the percentage of building frontage aloog build to lines. it j taller than their surrounding context should step back to maintain a continuous streetwall at the build-to line. (Figure 3-3) 12' Effective sidewalk with a setback f9r oUtdoor.iealing (Figure 3-4) 23 (4) Low-Density Residential Transitions Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through: A. Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses (Figure 4-1); B. Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-I and R-2 zone requirements (Figure 4- 2); C. Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties (Figure 4-3); D. Minimizing sight lines into and from neighboring properties (Figure 4-3); E. Limiting sun and shade impacts on abutting properties; and F. Providing pedestrian paseos and mews to create separation between uses. 061204 syn 0120176 existing fuwre development (Figure 4-1) Massing and orientation or bulldogs that respEct and mirror the massing of M!ghboring structures by stepping back upper stories to trdnstlion to smaller scare buWd;~ (Figure 4-2) (Figure 4-3) 24 Combination 01 'nH,IIoHtdll" lor..,,"nlng &x1,Ung SF HOlM. (5) Project Open Space Private and public open space shall be provided so that it is usable for the residents, visitors, and/or em 10 ees of a site. A. The type and design of the usable private open space shall be appropriate to the character ofthe building(s), and shall consider dimensions, solar access, wind protection, views, and privacy; B. Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public) C. Common open spaces should connect to the pedestrian pathways and existing natural amenities ofthe site and its surroundings; D. Usable open space may be any combination of private and common spaces; E. Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops) (Figure 5-1); F. Open space should be located to activate the street fayade and increase "eyes on the streef' when possible (Figure 5-1); G. Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement; 061204 syn 0120176 (Figure 5-1) 25 H. Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces (Figure 5-2); and I. Parking may not be counted as open space. (6) Parking Design Usable open space may be located on parking podiums (Figure 5-2) ~--HIgh qualny materials and landscaping elements slKh as planters, mature trees, and textured andIor colored pavers should be used. Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that: A. Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.; B. Structured parking is fronted or wrapped with habitable uses when possible (Figure 6-1); c. Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art; D. Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots (Figure 6-2); 061204 syn 0120176 Parking podiums shall be fronted or wrapped with habitable or active uses when possible. (Figure 6-1) Landscaping such as trees, shrubs. vines or ground cover is incorporated into surface parking lots. (Figure 6-2) 26 E. For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 6-3); F. Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming; G. For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet); H. Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements (Figure 6-4); and I. Parking is accessed from side streets or alle s when ossible. 061204 syn 0120176 Landscaping shall provide a visual buffer between vehicle areas and adjacent properties. (Figure 6-3) When possible. adjacent properties are strongly encouraged to share driveways to limit curb cuts, (Figure 6-4) 27 , ----r - - -: , , : , t 12' effective sidewalk width 40 it ""'a~""" (Figure 6-5: Mixed-Use with Surface Parking) . . ----r I I , 12' effective sidewalk width (Figure 6-6: Mixed-Use with Parking Podium) daylight plane 10ft daylight plane 10ft (Figure 6-7: Mixed-Use with Partial Sub-Grade Parking Podium) _ _ _ 40 it "~'l<'''"-''''''' daylight plane 12' effective sidewalk width {Figure 6-8: Mixed-Use with Below-Grade Parkin 28 061204 syn 0120176 (7) Large (multi-acre) Sites Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that: A. New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable); B. The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1- 2 acres minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 7-1 through 7- 3); and C. Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single- family residences) (Figures 7-2 and 7- 3). 061204 syn 0120176 (Figure 7 -1) (Figure 7-2) 29 Sites greater than O!1e flere may have 100% residential bu\ldings a, part of the mixed-u,e concepl (8) Sustainability and Green Building Design Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design: A. Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 8-1). B. Design landscaping to create comfortable micro-climates and reduce heat island effects. C. Design for easy pedestrian, bicycle, and transit access. D. Maximize onsite stormwater management through landscaping and permeable pavement (Figure 8-2). E. Use sustainable building materials. F. Design lighting, plumbing, and equipment for efficient energy and water use. G. Create healthy indoor environments. H. Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open s ace re uirements. 061204 syn 0120176 tfSoUth f.cing windows with shading devices to control Q, ScJmmor &In overheating in SUllifllel: # " _Sun "~~" " Direct ,un!ight. through south racing windows. would improve the passive heating in Winter: Use of Shading Devices to Control Solar loads in Summer and gain Pdssive heat in Winter: (Figure 8-1) Minimize stOm'lwater runoff to impermiable areas with landscaping. green roofs, and swales when po,sible. (Figure 8-2) 30 I. Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment. J. Encourage installation of photovoltaic panels. Pl(Qurage installation of phoiovoltai< panels.. (Figure 8-3) 18.16.100 Grandfathered Uses (a) CN District Office Uses In the CN district, all office uses existing as of August I, 1989. which were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit and which, as of such date, exceed 5,000 square feet in size or 25% of lot area, may remain as legal nonconforming uses and shall not require a conditional use permit or be subject to termination pursuant to Current Code Chapter 18.94, provided, however, that in the case of a conflict between the provisions of this section and the provisions of Current Code Chapter 18.94, this section shall control. Such uses shall be permitted to remodel, improve, or replace site improvements in accordance with current applicable site development regulations, provided that any such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses. (b) CS District Office Uses In the CS district, medical, professional or general business or administrative office uses existing on August 1, 1989 and which, as of such date, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit may remain as legal nonconforming uses and shall not require a conditional use permit or be subject to termination pursuant to Current Code Chapter 18.94, provided, however, that in the case of a conflict between the provisions of this section and the provisions of Current Code Chapter 18.94, this section shall control. Such uses shall be permitted to remodel, improve, or replace site improvements in accordance with current applicable site development regulations, provided that any such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses. 31 061204 syn 0120176 SECTION 4. Chapter 18.18 (Downtown Commercial District) of the Palo Alto Municipal Code is hereby added to read as follows: Sections: 18.18.010 18.18.020 18.18.030 18.18.040 18.18.050 18.18.060 18.18.070 18.18.080 18.18.090 18.18.100 18.18.110 18.18.120 18.18.010 Chapter 18.18 DOWNTOWN COMMERCIAL DISTRICT Purposes Applicable Regulations Definitions Repeal of Regulations Land Uses Development Standards Floor Area Bonuses Transfer of Development Rights Parking and Loading Perfonnance Standards Context-Based Design Criteria Grandfathered Uses and Facilities Purposes (a) Downtown Commercial District [CD] The CD downtown commercial district is intended to be a comprehensive zoning district for the downtown business area, accommodating a wide range of commercial uses serving . city-wide and regional business and service needs, as well as providing for residential uses and neighborhood service needs. The CD commercial downtown district is specifically created to promote the following objectives in the downtown area of Palo Alto: (1) control the rate and size of commercial development; (2) preserve and promote ground-floor retail uses; (3) enhance pedestrian activity; (4) create harmonious transitions from the commercial areas to adjacent residential areas; and (5) where applied in conjunction with Chapter 16.49 ofthe Palo Alto Municipal Code, preserve historic buildings. 18.18.020 Applicable Regulations (a) Applicable Chapters The specific regulations of this chapter and the additional regulations and procedures established by other relevant Chapters of the Zoning Code shall apply to the CD commercial downtown district, including subdistricts designated as CD-C (community), CD-S (service) and CD-N (neighborhood) and site development areas within the CD district, as shown on the City'S Zoning Map. The tenn "abutting residential zones," where 32 061204 syn 0120176 used in this Chapter, includes the Rl, R2, RMD, RM·15, RM-30, RM-40, or residential Planned Community (PC) districts, unless otherwise specifically noted. (b) Applicable Combining Districts The combining districts applicable to the CD district shall include, but shall not be limited to, the following districts: (1) The pedestrian shopping (P) combining district regulations, as specified in Chapter 18.47, shall apply to the area of the CD district designated "P" combining district as shown on the City's Zoning Map. (2) The ground floor (GF) combining district regulations, as specified in Chapter 18.50, shall apply to the area of the CD district designated "GF" combining district as shown on the Citi s Zoning Map. 18.18.030 Definitions (a) For the purposes of calculating floor area ratio for nonresidential uses under this chapter, "gross floor area" includes not only the area defined in Chapter 18.04, but also all covered at-grade or above-grade parking for nonresidential uses, no matter how slightly above grade such parking is. (b) As used in this chapter, "historic rehabilitation" means returning.a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. "Historic rehabilitation" shall remedy all the known rehabilitation needs ofthe building, and shall not be confined to routine repair and maintenance as determined by the director of planning and community environment. (c) As used in this chapter, "certification" means certification, by the director of planning and community environment, of floor area eligible for transfer to another site as described in Section 18.18.070. (d) As used in this chapter, "receiver site" means a site which receives floor area pursuant to the provisions of Section 18.18.080. (e) As used in this chapter, "sender site" means a site which has received a certification by the director of planning and community environment of floor area eligible for transfer to another site pursuant to the provisions of this chapter. (f) ''Transferable development right" or "TDR" means the floor area eligible for transfer to a receiver site as described in Draft Updated Code Section 18.18.080 of this code. 18.18.040 Repeal of Regulations The department of planning and community environment shall monitor the number of square feet approved for nonresidential development in the CD district and the number of square feet approved for nonresidential development pursuant to a planned community (PC) zone if the site of the PC zone was within the CD district on the effective date of this chapter. When 350,000 33 061204 syn 0120176 square feet of nonresidential development have received fmal design review approval pursuant to Chapter 18.76 or have received building permits, ifno design approval is required, this chapter shall be repealed and a moratorium shall be imposed. This moratorium shall prohibit the city's acceptance or processing of any application for planning approval or a building permit for new nonresidential square footage in the CD district. This moratorium shall remain in effect for one year while the city undertakes a study of what regulations would be appropriate in the CD district. The moratorium may be extended by the council until such study is completed and appropriate regulations are implemented. 18.18.050 Land Uses The uses of land allowed by this chapter in each commercial zoning district are identified in the following table. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in'') includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. Permitted and conditionally permitted land uses for the CD district are shown in Table 1: Table 1: CD Permitted and t..:OJDdltlOllall , Accessory and activities customarily associated with or essential to permitted uses, and operated incidental to the' use. Drive-in or Take-out Services associated with uses(2) Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than feet. 061204 syn 0120176 p p CUP 34 p 18.88 CUP 35 061204 syn 0120176 CUP CUP CUP Rel:lid(mttal is only pennitted as part of a mixed use development, pursuant to the provisions of Section 18.18.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.18.060( c). (2)Drive-up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet and each use shall not be less than 150 ft from one another 18.18.060 Development Standards (a) Exclusively Non-Residential Use Table 3 specifies the development standards for new exclusively non-residential uses and alterations to non-residential uses or structures in the CD district, including the CD-C, CD- S, and CD-N subdistricts. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020: Table 3: Ex~~lusiive]ly Minimum Setbacks Front Yard (ft) Rear Yard (ft) Interior Side Yard (ft) Street Side Yard (ft) Minimum street setback for sites sharing a common block face with any abutting residential zone district Minimum yard (ft) for lot lines abutting or opposite residential zone districts 061204 syn 0120176 ,<4) 36 Setback lines imposed bya special setback map pursuant to Chapter 20.08 of this code may apply Maximum Height (ft) Standard Within 150 ft. of an abutting residential zone district Maximum Floor Area Ratio (FAR) Maximum Floor Area Ratio (FAR) for Hotels Maximum Size of New Non-Residential Construction or Expansion Projects. Daylight Plane for lot lines abutting one or more residential zone districts. Initial Height at side or rear lot line (3) (3) (3) - - - 1.0: 1 (5) 0.4: 1 (5) 0.4: 1 (5) 2.0:1 2.0:1 N/A 25,000 square feet of gross floor area or 15,000 square feet above the existing floor area, whichever is greater, provided the floor area limits set forth elsewhere in this are not exceeded 18.18.060(e) 18.18.070 18.18.060(d) The yard shall be planted and maintained as a landscaped screen, excluding area required for site access. (2) The initial height and slope shall be identical to those of the residential zone abutting the site line in question. (3) The maximum height within 150 feet of any abutting residential zone district shall not exceed the height limit of the abutting residential district. (4) The minimum street setback shall be equal to the residentially zoned setback for 150 feet from the abutting single-family or multiple family development. (5) FAR may be increased with transfers of development and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0: 1 in the CD-C subdistrict or 2.0: 1 in the CD-S or CD-N subdistricts. (b) Mixed Use Table 4 specifies the development standards for new residential mixed use developments. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlines in 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020: Table 4: Mixed Use Develo ment Standards 37 061204 syn 0120176 Minimum Setbacks Interior Side Yard (ft) Street Side Yard (ft) Permitted Setback Encroachments Maximum Site Coverage Maximum Height (ft) Standard Within 150 ft. of an abutting residential zone 10' for residential portion; no for commerciaI1"lnli"hl'l.n 10' if 10' if No abutting abutting requirement residential residential zone zone uirement No 5' 5' Balconies, awnings, porches, stairways, and similar elements may extend up to 6' into the setback. Cornices, eaves, fireplaces, and similar architectural features (excluding flat or continuous walls or enclosures of interior space) may extend up to 4' into the front and rear setbacks and up to 3' into interior side setbacks No 50% 50% 200 sq ft per unit for 5 or fewer units , ·150 unit for 6 units or more(l) Daylight Plane for lot lines abutting one Daylight plane height and slope lU",.:IU",'" or more residential zoning districts or a to those of the most restrictive residential residential PC district zone the lot line Maximum Residential Floor Area Ratio 1.0: 1 (3) 0.6:1 0.5:1 1.0:1(3) 0.4:1 0.4:1 38 061204 syn 0120176 imposed bya special setback map pursuant to Chapter 20.08 of this code may (2) (3) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space); (3) minimum private open space dimension 6'; and (4) minimum common open space dimension 12'. Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use. There shall be no deduction for that portion of the site area in nonresidential use. FAR may be increased with transfers of development and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD-N subdistrict. (4) For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height may be increased to 50 feet. (1) Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Current Code Chapter 18.82, except that mixed use projects with four or fewer units shall only require review and approval by the architectural review board (2) Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with residential uses. (c) Exclusively Residential Uses Exclusively residential uses are generally prohibited in the CD district and subdistricts. Such uses are allowed, however, where a site is designated as a Housing Opportunity Site in the Housing Element ofthe Comprehensive Plan. Such sites shall be developed pursuant to the regulations for the multi-family zone designation (RM-15, RM-30, or RM-40) identified for the site in the Housing Element. (d) Hotel Regulations (1) Hotels, where they are a permitted use and generate transient occupancy tax (TOT), may develop to a maximum FAR of2.0:1. (2) Hotels may include residential condominium use, subject to: (A) No more than 25% of the floor area shall be devoted to condominium use; (B) No more than 25% of the total number oflodging units shall be devoted to condominium use; and (C) A minimum FAR of 1.0 shall be provided for the hoteVcondominium building(s). (e) Exempt Floor Area When a building is being expanded, square footage which, in the judgement of the chief building official, does not increase the usable floor area, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding handicapped 39 061204 syn 0120176 access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. (I) Restrictions on Office Uses (1) In all CD subdistricts, no medical, professional, or general business office shall be located on the ground floor, except such offices which: (A) Have been in continuously in existence in that space since March 19,2001, and, as of such date, were neither non-conforming nor in the process of being amortized pursuant to Current Code Chapter 18.95; (B) Occupy a space that was not occupied by housing, retail services, eating and drinking services, personal services, or automotive service on March 19,2001 or thereafter; (C) Occupy a space that was vacant on March 19,2001; (D) Are located in new or remodeled ground floor areas built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; or (E) Are on a site located in an area subject to a Specific Plan or Coordinated Area Plan, which specifically allows for such ground floor medical, professional, or general business offices. (2) In the CD-S and CD-N subdistricts, the following requirements shall apply to office uses: (A) No new gross square footage of a medical, professional, general business, or administrative office use shall be allowed, once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet. (B) No conversion of gross square footage from any other use to a medical, professional, general business, or administrative office use shall be allowed once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet. 40 061204 syn 0120176 (g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict In the CD-N subdistrict, pennitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use pennit in accordance with Current Code Chapter 18.90. The maximum establishment size for any conditional use shall be established by the zoning administrator and specified in the conditional use pennit for such use. Table 4: Maximum Size of Establishment Personal Services 2,500 15,000 20,000 servIces 5,000 (h) Outdoor Sales and Storage. The following regulations shall apply to outdoor sales and storage in the CD district: (1) CD-C Subdistrict In the CD-C subdistrict, the following regulations apply: (A) Except in shopping centers. all pennitted office and commercial activities shall be conducted within a building. except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2.000 square feet of exterior sales and display area. (ii) Outdoor eating areas operated incidental to pennitted eating and drinking services, (iii) Farmers' markets which have obtained a conditional use pennit, and (iv) Recycling centers that have obtained a conditional use pennit. (B) Any pennitted outdoor activity in excess of2,000 square feet shall be subject to a conditional use pennit. (C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use pennit. (2) CD-S Subdistrict In the CD-S subdistrict. outdoor sales and display of merchandise, and outdoor eating areas operated incidental to pennitted eating and drinking services shall be pennitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site. except as authorized by a conditional use pennit. (B) Areas used for outdoor sales and display of motor vehicles, boats, campers. camp trailers, trailers. trailer coaches. house cars. or similar conveyances shall 41 061204 syn 0120176 meet the minimum design standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between S and 8 feet in height. (3) CD-N Subdistrict In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for: (A) Incidental sales and display of plant materials and garden supplies occupying not more than SOO square feet of exterior sales and display area, and (B) Farmers' markets that have obtained conditional use permits. (i) Employee Showers Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table S. Table 5: EmlDlo,vee Medical, Professional, and General Business Offices, Financial Services, Business and Trade Schools, and General Business Services Retail Services, Personal Services, and Eating and Drinking Services (j) Nuisances Prohibited All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, . or night illuminations. Prior to issuance of a building permit, or occupancy permit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. (k) Recycling Storage All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior 42 061204 syn 0120176 enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 16.48.070. 18.18.070 Floor Area Bonuses (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. (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% ofthe 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 of3.0:1 in the CD-C subdistrict or a FAR of2.0:1 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% ofthe 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 of3.0:1 in the CD-C subdistrict or a FAR of2.0:1 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 his~oric 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 of3.0:1 in the CD-C subdistrict or a FAR of2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). (S) Historic Bonus for Over-Sized buildings A building in Historic Category 1 or 2 that is undergoing historic rehabilitation and that currently exceeds a FAR of3.0:1 iflocated 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 43 061204 syn 0120176 floor area bonus of 50% of the maximum allowable floor area for the site of the building, based upon a FAR of3.0:1 ifin the CD-C subdistrict and a FAR of2.0:1 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. (b) Restrictions on Floor Area Bonuses The floor area bonuses in subsection (a) shall be subject to the following restrictions: (1) All bonus square footage shall be counted as square footage for the purposes of the 350,000 square foot limit on development specified in Section 18.18.040. (2) All bonus square footage shall be counted as square footage for the purposes of the project size limit specified in Section 18.18.060 (a). (3) In no event shall a building expand beyond a FAR of3.0:1 in the CD-C subdistrict or a FAR of2.0:1 in the CD-S or CD-N subdistrict. (4) The bonus shall be allowed on a site only once. (5) For sites in Seismic Category I, II, or III, seismic rehabilitation shall conform to the analysis standards referenced in Chapter 16.42 of this code. (6) For sites in Historic Category 1 or 2, historic rehabilitation shall conform to the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (36 CFR §67, 7). (7) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, no bonus shall be granted unless the project includes both seismic and historic rehabilitation conforming to the standards in subsections (5) and (6). (8) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, a bonus granted under this section that will be used on-site is subject to the following requirements: (A) The city council must approve on-site use of such a FAR bonus. Such approval is discretionary, and may be granted only upon making both of the following findings: (i) The exterior modifications for the entire project comply with the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (36 CFR §67, 7); and (ii) The on-site use of the FAR bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site. (B) The applicant for on-site use of a cumulative floor area bonus shall have the burden of demonstrating the facts necessary to support the findings required for council approval. 44 061204 syn 0120176 (c) Transfer of Floor Area Bonuses The floor area bonuses described in subsection (a), except the floor area bonus in subsection (a)(I), may be transferred to a non-historic receiver site as described in Section 18.18.080. Such transfer shall not be subject to the discretionary council approval set forth in subsection (b)(8). (d) Procedure for Granting of Floor Area Bonuses The floor area bonuses described in subsection (a), except the bonus described in subsection (a)(1), shall be granted in accordance with the following requirements: (1) An application for such floor area bonus(es) must be filed with the director of planning and community environment in the form prescribed by the director, stating the amount of such bonus(es) applied for, the basis therefor under this section, and the extent to which such bonus(es) are proposed to be used on-site and/or for transfer. An application for floor area bonus for rehabilitation of a Category 1 or 2 historic building shall include a historic structure report, prepared by a qualified expert, retained by the city, at the applicant's expense, in accordance with the standards and guidelines of the California State Office of Historic Preservation. It shall also include a plan for rehabilitation; if any part of the existing building is proposed to be removed or replaced, the historic rehabilitation project plans submitted for review shall clearly show and identify any and all material proposed for removal or replacement. (2) The city may retain an expert in historic rehabilitation or preservation, at the applicant's expense, to provide the city with an independent evaluation of the project's conformity with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings." (3) The historic resources board shall review the historic structure report, the historic rehabilitation project plans, and, if required, the expert independent evaluation of the project, and make a recommendation to the director of planning and community environment on the project's conformity with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings." (4) Upon completion of such an application, written determination of the sender site's eligibility for bonus(es) shall be issued by the director of planning and community environment or the director's designee, based upon the following: (A) In the case of a floor area bonus for seismic rehabilitation, the chief building official has made a determination that the project complies with or exceeds the analysis standards referenced in Chapter 16.42 of this code; (B) In the case of the floor area bonus for historic rehabilitation ofa building in Historic Category I or 2, the director, taking into consideration the recommendations of the historic resources board, has found that the project complies with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (36 CFR §67,7); and (C) In the case of a bonus for both seismic and historic rehabilitation that is proposed to be use on-site, the city council has made the findings set forth in subsection (b)(8) of this section. 45 061204 syn 0120176 (e) Certification of FAR Bonuses The floor area bonuses described in subsection (a)~ except the bonus described in subsection (a)(l), may be used on the site of the proposed seismic and/or historic rehabilitation project and a building permit issued therefor only upon satisfaction of all the requirements in subsection (d) above. Upon determining that the project has been completed as approved, or in the case of city-owned buildings upon completion of all of the requirements of 18.32.090, the director or director's designee shall issue a written certification which shall state the total floor area bonus utilized at the site (in the case of buildings in the CD-Commercial Downtown District), and the amount (if any) of remaining floor area bonus which is eligible for transfer to another site pursuant to the provisions of this Chapter. The certification shall be recorded in the office of the county recorder and a copy shall be provided to the applicant. As a condition precedent to being credited with a historic rehabilitation floor area bonus whether for use on-site or for transfer, the owner of the site shall enter into an unsubordinated protective covenant running with the land in favor of the city (or, if the city is the owner, in favor of a qualified and disinterested third party)~ in a form satisfactory to the city attorney, to assure that the property will be rehabilitated and maintained in accordance with the Secretary of Interior's "Standards for Rehabilitation of Historic Buildings," together with the accompanying interpretive "Guidelines for Rehabilitation of Historic Buildings," as they may be amended from time to time. 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)(1) and for city-owned properties as provided in 18.32.090, 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 Code Section 18.18.070 of the floor area from the sender site which is eligible for transfer, and (2) compliance with the transfer procedures set forth in subsection (h). 46 061204 syn 0120176 (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 ifit meets all of the following criteria: (1) It is located in the CD commercial downtown district, or is located in a planned community (PC) district if the property was formerly located in the CD commercial downtown district and the ordinance rezoning the property to planned community (PC) approves the use of transferable development rights on the site. (2) It is neither an historic site, nor a site containing a historic structure, as those terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and (3) The site is either: (A) located at least 150 feet from any property zoned for residential use, not including property in planned community zones or in commercial zones within the downtown boundaries where mixed use projects are permitted; or (B) separated from residentially zoned property by a city street with a width of at least 50 feet, and separated from residentially zoned property by an intervening property zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet. (t) 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 Code Section 18.18.040 to be exceeded. (4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts. (g) Parking Requirements The first 5,000 square feet of floor area transferred to a receiver site, whether located in the CD District or in the PC District, shall be exempt from the otherwise-applicable on-site parking requirements. Any additional square footage allowed to be transferred to a 47 061204 syn 0120176 receiver site pursuant to this chapter shall be subject to the parking regulations applicable to the district in which the receiver site is located. (h) Transfer Procedure Transferable development rights maybe 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 ofTDRs proposed to be transferred; and (C) Evidence that the applicant owns the transferable development rights or a signed statement from any other owner(s) ofthe 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 proj ect in accordance with Section 16.48.120 ofthis 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 ofthe 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 ofTDRs 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) ofthe 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. 48 061204 syn 0120176 (2) Where transfer ofTDRs is made directly to a receiver site, the recorded confirmation oftransfer described in subsection (h)(4) shall satisfy the requirements of this section. 18.18.090 Parking and Loading The provisions of Chapter 18.83 shall apply within the CD district, except the provisions of Chapter 18.83 regarding on-site and off-site parking for non-residential uses within an assessment district wherein properties are assessed under a Bond Plan G financing pursuant to Title 13. With respect to such uses, the following requirements shall apply in the CD district in lieu of the requirements in Chapter 18.83: (a) On-Site Parking Requirement 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, except as may be exempt from such requirement by the provisions of subsection (b) of this section. The purpose of this subsection is to regulate the number of parking spaces required. Requirements for the size and other design criteria for parking spaces shall continue to be governed by the provisions of Chapter 18.83. (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 Code Section 18.18.060( e); (B) An increase in square footage in conjunction with seismic or historic rehabilitation, pursuant to Code Section 18.18.070; (C) An increase in square footage for buildings not in Seismic Category I, II, or II or Historic Category 1 or 2 pursuant to Code Section 18.18.070(a)(1); (D) 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 49 061204 syn 0120176 shall be exempt to the extent of parking spaces for every one thousand square feet of site area, provided that such parcels were at some time assessed for parking under a Bond Plan E financing pursuant to Chapter 13.16 or were subject to other ad valorem assessments for parking. (4) No new parking spaces will be required for a site in conjunction with the development or replacement of the amount of floor area used for nonresidential use equal to the amount of adjusted square footage for the site shown on the engineer's report for fiscal year 1986-87 for the latest Bond Plan G financing for parking acquisition or improvements in that certain area of the city delineated on the map of the University Avenue parking assessment district entitled, "Proposed Boundaries of University Avenue Off-Street Parking Project #75-63 Assessment District, City of Palo Alto, County of Santa Clara, State of California," dated October 30, 1978, and on file with the city clerk. 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). (c) Off-Site Parking Parking required by this chapter may be provided by off-site parking, provided that such off-site parking is within a reasonable distance ofthe site using it or, if the site is within an assessment district, within a reasonable distance of the assessment district boundary and approved in writing by the director of planning and community environment. The director shall assure that sufficient covenants and guarantees are provided to ensure use and maintenance of such parking facilities, including an enforceable agreement that any development occurring on the site where parking is provided shall not result in a net reduction of parking spaces provided, considering both the parking previously provided and the parking required by the proposed use. (d) In-lieu Parking Provisions In connection with any expansion of the supply of public parking spaces within the CD commercial downtown district, the city shall allocate a number of spaces for use as "in-lieu parking" spaces to allow development to occur on sites which would otherwise be precluded from development due to parking constraints imposed by monetary contribution to the city to defray the cost of providing such parking. Contributions for each required parking space shall equal the incremental cost of providing a net new parking space in an assessment district project plus cost for the administration of the program, all as determined pursuant to Chapter 16.57 of Title 16 of this code, by the director of planning and community environment, whose decision shall be final. Only sites satisfying one or more of the following criteria, as determined by the director of planning and community environment, shall be eligible to participate in the in-lieu parking program: (1 ) Construction of on-site parking would necessitate destruction or substantial demolition of a designated historic structure; 50 061204 syn 0120176 (2) The site area is less than 10,000 square feet, but of such an unusual configuration that it would not be physically feasible to provide the required on-site parking; (3) The site is greater than 10,000 square feet, but of such an unusual configuration that it would not be physically feasible to provide the required on-site parking; (4) The site is located in an area where city policy precludes curb cuts or otherwise prevents use of the site for on-site parking; or (5) The site has other physical constraints, such as a high groundwater table, which preclude provision of on-site parking without extraordinary expense. (e) Underground Parking Underground parking deeper than two levels below grade shall be prohibited unless a soils report or engineering analysis demonstrates that regular pumping of subsurface water will not be required. IS.1S.100 Performance Standards In addition to the standards for development prescribed above, all development shall comply with the performance criteria outlined in Chapter 18.64 of the Zoning Ordinance. All mixed use development shall also comply with the provisions of Chapter 18.28 of the Zoning Ordinance. IS.18.110 Context-Based Design Criteria (a) Contextual and Compatibility Criteria Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. (1) Context (A) Context as used in this section is intended to indicate relationships between the site's development to adjacent street types. surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies. (B) The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design. though in some instances relationships may be reinforced by an architectural response. (2) Compatibility 061204 syn 0120176 (A) Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and 51 establishes design likages with the overall pattern of buildings so that the visual unity ofthe street is maintained. (B) Compatibility goals may be accomplished through various means, including but not limited to: (i) the siting, scale, massing, and materials; (ii) the rhythmic pattern of the street established by the general width of the buildings and the spacing between them; (iii) the pattern of roof lines and projections; (iv) the sizes, proportions, and orientations of windows, bays and doorways; (v) the location and treatment of entryways; (vi) the shadow patterns from massing and decorative features; (vii) the siting and treatment of parking; and (viii) the treatment oflandscaping. (b) Context-Based Design Considerations and Findings In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the CD district and subdistricts, as further illustrated on the accompanying diagrams: (1) Pedestrian and Bicycle Environment The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements such as: 52 061204 syn 0120176 A. Ground floor uses that are appealing to pedestrians through well-designed visibility and access (Figure 1-1); H. On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings (Figure 1-2); C. Streetscape or pedestrian amenities that contribute to the area's streetscape environment such as street trees, bulbouts,benches, landscape elements, and public art (Figure 1-3); D. Bicycle amenities that contribute to the rea's bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths (Figure 1-1); and E. Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street. (2) Street Building Facades Wide! B,ke Active gHJUnd OOOf uses Bulbouts increase pedestrian safety (Figure 1-1) AWfllngs provide weather protection and c(cate a pedestrian scale Wide sidewalks pmvide a positive pedestrian experi- ence in wonl of retail uses (Figure 1-2) Bulbouts IlXreasc pede<trian<afety MlOimizc vehicle access to --- provide a cootin.t.l¢tlS facade and street parking (Figure 1-3) Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements such as: 53 061204 syn 0120176 A. Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with Ori .... ' doo<w"1S and Ih'indows to (reate strong the street (Figure 2-1 ); relationship to street. Building mass sho:uki artku- B. Facades that include projecting eaves late a definted pedestrian base. and overhangs, porches, and other architectural elements that provide human scale and help break up building et.llJ'it defined that arc pt'tlpo.ilol'lal to . mass (Figure 2-2); $ile of btJildfng and use. C. Entries that are clearly defined features (Figure 2-1) of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale; D. Residential units and storefronts that have a presence on the street and are not walled-off or oriented exclusively inward; E. Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street; 54 061204 syn 0120176 F. All exposed sides of a building designed with the same level of care and integrity; G. Reinforcing the definition and importance of the street with building mass; and H. Upper floors set back to fit in with the context of the neighborhood. (3) Massing and Setbacks Property Une , I llull~ to Lin. ~--upper floor setback Resldentlal Residential Commerlcal I 'I. '----12 ft effective sidewalk Buildings :;etbad from the property line t'O create an effective 12' sidewalk. on €I Camino Real, Upper Roof'S set bold< to fit in v.'ith the cooteKt of the neighborh<XXI. (Figure 2-2) Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as: A. Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies (Figure 3-1); B. Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 3-1); 061204 syn 0120176 Rooflioes (Nt empmsize --..... ------,. signifICant eletneti\S '.\:uch as iII""'---7~ Comer buildings should be used to reinrorx:e Important intCT'SCd'ioflS, A retllil entry an strengthen the (omer. Buildings should prcMdc p<:dcstrialHcaJed oola:J.<trlkulntloo and craftmanship of the racade. (Figure 3-1) 55 C. Comer buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles (Figure 3-1); D. Building facades articulated with a building base, body and roof or parapet edge (Figure 3-2); E. Buildings set back from the property line to create an effective 12' sidewalk on El Camino Real, 8' elsewhere (Figure 3-4); F. A majority of the building frontage located at the setback line (Figure 3-3); and G. No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential (Figure 3-3). 061204 syn 0120176 Iloilding, <hould be set -----=: back to <reate a 12' effec- tive sidewalk a100g ECR Building facades arti<:uL:ded with a bthkling base. body and roof or parapet edge. (Figure 3-2) Upper floor setback ---' shoukl be used to relate to e:xisting context Buildings should maximize the percentage of building frontage along build to lines. Buildings taller lhan their surrounding context shoufd step baC"( to lNintain a continuous streetwall at the ooildwto line, (Figure 3-3) 12: Erf~~O)YaIk""h"---' setback ror~ OlJtdoorS!!ating (Figure 3-4) 56 (4) Low-Density Residential Transitions Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through: A. Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses (Figure 4-1); B. Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-l and R-2 zone requirements (Figure 4- 2); C. Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties (Figure 4-3); D. Minimizing sight lines into and from neighboring properties (Figure 4-3); E. Limiting sun and shade impacts on abutting properties; and F. Providing pedestrian paseos and mews to create separation between uses. 061204 syn 0120176 ............................... " .......................................... . existing future development (Figure 4-1 ) Massing and orientation of buildngs that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, (Figure 4-2) (Figure 4-3) 57 'I .... Combination oln..und hed_lor ""Hnlnll Comblnallon of n ••• , H.dge, tor ", .. nlng (5) Project Open Space Private and public open space shall be provided so that it is usable for the residents, visitors, and/or em 10 ees of a site. A. The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy; B. Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public) C. Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings; D. Usable open space may be any combination of private and common spaces; E. Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops) (Figure 5-1); F. Open space should be located to activate the street fayade and increase "eyes on the street" when possible (Figure 5-1); G. Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement; 061204 syn 0120176 (Figure 5-1) 58 H. Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use oftextured and/or colored paved surfaces (Figure 5-2); and I. Parking may not be counted as open space. (6) Parking Design Usable open sp3CC may be located 00 pJrking podiums (Figure 5-2) Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that: A. Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.; B. Structured parking is fronted or wrapped with habitable uses when possible (Figure 6-1); C. Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art; D. Landscaping such as trees, shrubs, vines, or groundcover is incorporated . into surface parking lots (Figure 6-2); 061204 syn 0120176 Parking podiums snail be fronted or wrapped wiIh habitable or active uses when possible. (Figure 6-1) land'lcaplng such as trees. shrubs, vines or ground cover IS incorporated into sUNate parking lots. i ure 6-2) 59 E. F01: properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 6-3); F. Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming; G. For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet); H. Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements (Figure 6-4); and I. 061204 syn 0120176 landscaping shall provide a vi,u.1 buffer between vehicle areas and adjacent properties. (Figure 6-3) When pos~ble. adjacent propel1ies are strongly en<Ol.lraged to share driveways to limit curb cuts, (Figure 6-4) 60 40 ft hei&!:!!Jimlt 12' effective sidewalk width (Figure 6-5: Mixed-Use with Surface Parking) 12' effective sidewalk width (Figure 6-6: Mixed-Use with Parking Podium) . . --r daylight plane 10 ft daylight plane daylight plane (Figure 6-7: Mixed-Use with Partial Sub-Grade Parking Podium) --r , 12' effective sidewalk width _ 40ft daylight plane re 6-8: Mixed-Use with Below-Grade Parking Podium 61 061204 syn 0120176 (7) Large (multi-acre) Sites Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that: A. New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable); B. The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1- 2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 7-1 through 7- 3); and C. Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single- family residences) (Figures 7-2 and 7- 3). 061204 syn 0120176 (Figure 7-1) (Figure 7-2) . re 7-3) 62 Sites greater than one acre rMy have I 00% ",~<lential widing' as part of the mixed-use coocept Sites gre<ltet" than two acres sho\dd have iit le.'ist theee building Iyp,". (8) Sustainabilityand Green Building Design Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design: A. Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 8-1). B. Design landscaping to create comfortable micro-climates and reduce heat island effects. C. Design for easy pedestrian, bicycle, and transit access. D. Maximize onsite stormwater management through landscaping and permeable pavement (Figure 8-2). E. Use sustainable building materials. F. Design lighting, plumbing, and equipment for efficient energy and water use. G. Create healthy indoor environments. H. Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open s ace re uirements. 061204 syn 0120176 Wtlf«Sun Direct ,unlight through sooth facing windows would improve the passive heating in Winter. Use o($hading Devices to Control Solar-loads in Summer and gain Passive heat in Winter. (Figure 8-1) Minimize stormwater runoff to impermiable areas with landscaping, green roors. and swales when pos,ibIe. (Figure 8-2) 63 I. Provide protection for creeks and riparian vegetation and integrate stonnwater management measures and open space to minimize water quality and erosion impacts to the creek environment. J .. Encourage installation of photo voltaic panels. ~n,oorage installation of pholOllOltaic panels. (Figure 8-3) 18.18.120 Grandfathered Uses and Facilities (a) Grandfathered Uses (1) The following uses and facilities may remain as grandfathered uses, and shall not require a conditional use pennit or be subject to the provisions of Chapter 18.94: (A) Any use which was being conducted on August 28, 1986; or (B) A use not being conducted on August 28, 1986, ifthe use was temporarily discontinued due to a vacancy of 6 months or less before August 28, 1986; or (C) Any office use existing on April 16, 1990 on a property zoned CD and GF combining, which also existed as a lawful confonning use prior to August 28, 1986, notwithstanding any intervening confonning use. (2) The grandfathered uses in subsection (1) shall be pennitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement: (A) shall not result in increased floor area; (B) shall not shift the building footprint; (C) shall not result in an increase ofthe height, length, building envelope, or any other increase in the size ofthe improvement; (D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070; or (E) in the case of medical, professional, general business or administrative office uses of a size exceeding 5,000 square feet in the CD-S or CD-N district that are deemed grandfathered pursuant to subsection (1), such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses. 64 061204 syn 0120176 (3) If a grandfathered use deemed existing pursuant to subsection (1) ceases and thereafter remains discontinued for 12 consecutive months, it shall be considered abandoned and may be replaced only by a conforming use. (4) A use deemed grandfathered pursuant to subsection (1) which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a grandfathered use to a conforming use, shall not thereafter be used except to accommodate a conforming use. (b) Grandfathered Facilities (1) Any noncomplying facility existing on August 28, 1986 and which, when built, was a complying facility, may remain as a grandfathered facility and shall not be subject to the provisions of Chapter 18.94. (2) The grandfathered facilities specified in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, provided such remodeling, improvement,or replacement: (A) shall not result in increased floor area; (B) shall not shift the building foot print; (C) shall not result in an increase of the height, length, building envelope, or any other increase in the size of the improvement; (D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070. SECTION 5. Section 18.94.070(b)(2)(E) (Nonconforming Use -Required Termination) of Title 16 of the City of Palo Alto Municipal Code is amended to read as follows: "(E) The nonconforming uses ofthe property at 3200 Park Boulevardl340 Portage Avenue/Olive Avenue for retail, research and development, warehouse, and storage uses are permitted in approximately the same ratio of uses existing as of October 16, 2006, subject to the following limitations: (1) retail uses shall not exceed 60,000 square feet, and (2) truck deliveries and other noisy outdoor activities shall be limited to the hours of 8:00 a.m. to 9:00 p.m. weekdays and 9:00 a.m. to 9:00 p.m. weekends. SECTION 6. Section 16.20.120(a) (Signs) of Title 16 of the City of Palo Alto Municipal Code is amended to read as follows: "16.20.120 Freestanding Signs Except as otherwise provided in this chapter, every freestanding sign shall comply with the requirements of this section. 65 061204 syn 0120176 (a) Freestanding signs over five feet. II II II II II II II II II Freestanding signs over five feet in height shall be pennitted only on nonresidential properties in the GM zones and on EI Camino Real in the CN and CS zones and for service stations, restaurants and shopping centers elsewhere. (1) Area and height. The maximum area and height of such signs is set forth in Table 2. (2) Location. Every sign shall be wholly on the owner's property, except that for any site that encompasses a minimum often (10) acres in size and contains a minimum of 50,000 square feet of retail square footage, but does not have its primary frontage on a freeway, expressway, or major arterial, a freestanding sign may be located off site on private property with frontage on the nearest major arterial roadway. The sign size and height shall be governed by the criteria set forth in Table 2, using the average site length dimension as the lot frontage for calculation purposes, but in no case shall the sign size exceed fifty (50) square feet. The sign shall comply with all other regulations of this Chapter, the total site signage (including the offsite sign) shall not exceed the total allowed for the site, and all other signs on the offsite property must comply with sign regulations for that site. (3) Number. Subject to the provisions of Section 16.20.170, then;; may be one such sign for each frontage and one additional sign for any portion of frontage in excess of two . hundred fifty feet. The size of any additional sign shall be determined from Table 2 by counting as frontage that portion thereof which is in excess of two hundred fifty feet. In the case of shopping centers and other multiple occupancies having a common frontage, the frontage shall be deemed to be that of the shopping center or commonly used parcel and not the frontages of the individual businesses or occupancies. (4) Construction. In addition to the requirements of Section 16.20.190, every such sign shall be constructed wholly of metal, incombustible plastic or other approved fire- resistant material." 66 061204 syn 0120176 SECTION 7. This ordinance shall be effective 30 days after the date of its adoption. Notwithstanding any other provision of this ordinance or the Palo Alto Municipal Code, all applications submitted prior to the effective date of this ordinance shall be subject to the P AMC Title 18 Zoning Regulations in effect on the date the application is received by the City. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: October 16, 2006 November 06, 2006 BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR NOT P ARTICIP ATING: ing& Co:inmunity Environment 67