HomeMy WebLinkAbout2005-02-22 Ordinance 4862follows:
ORDINANCE NO. 4862
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING TITLE 18 [ZONING] OF THE PALO ALTO
MUNICIPAL CODE TO AMEND CHAPTERS 18.32 [PUBLIC
FACILITIES DISTRICT REGULATIONS] t 18.49 [CD
COMMERCIAL DOWNTOWN DISTRICT REGULATIONS], AND
18.87 [TRANSFERABLE DEVELOPMENTS RIGHTS] TO
INCLUDE CERTAIN CITY -OWNED BUILDINGS AS SENDER
SITES IN THE TRANSFERABLE DEVELOPMENT RIGHTS
PROGRAM
The City Council of the City of Palo Alto does ORDAIN as
SECTION 1. Findings,. The City Council finds that:
(A) On June 7, 2004, the City Council initiated changes
to the City's zoning regulations that allow eligible City-owned
buildings to participate as sender sites in the City's existing
"transfer of development rights" program for encouragement of
the historic rehabilitation and seismic retrofitting of
structures within the City;
(B) Such an expansion of the program is consistent with
the Comprehensive Plan of the City and implements Land Use Goal
7 and Land Use Policies L-51, L-52, L-57, and L-60;
(C) The Planning Commission, after duly noticed hearing
held December 8, 2004, has recommended that Title 18 [Zoning] be
amended as hereinafter set forth;
(D) The City Council, after a duly noticed hearing held
February 7, 2005, has considered the recommendation, and all
public comment,' and finds that the proposed amendment is in the·
public interest and will promote the public health, safety and
welfare.
SECTION 2. Section 18.32.090 is hereby added to Chapter
18.32 [PF Public Facilities District] to read as follows:
18.32.090 Transfer of Development Rights
(a) The city council by resolution may, from time to
time, designate one or more city-owned buildings that are
Category I or Category 2 on the city's historic inventory and/or
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Category I, II, or IlIon the city's seismic hazards
identification list as eligible to participate as "sender sites"
in the Transfer of Development Rights program as provided in
Chapters 18.49 and Chapter 18.87.
(b) Before any transferable development rights are
offered for sale, the city manager shall establish, in writing,
a public process using the City's formal bidding procedures to
sell bonus floor area development rights from any sites so
designated by the city council.
(c) Before formally soliciting the participation of
other organizations or agencies in the rehabilitation of a city-
owned historic building, the city should have a historic
structures report prepared by a qualified expert in accordance
with the standards and guidelines of the California State Office
of Historic Preservation.
(d) Before concluding a .Sale of transferable development
rights for any city building, the city shall comply with section
18.49.060 (c).
(e) The city manager shall establish and maintain a
special fund into which all proceeds of the sale of transferable
rights, and any interest thereon, shall be deposited. Upon
receipt and entry into the accounting records for the fund such
monies shall be considered committed to the rehabilitation of
the city-owned building from which the development rights were
sold, or in the event funds remain following the completion of
the approved rehabilitation proj ect, to the rehabilitation of
other city-owned buildings in historic category 1 or 2 or
seismic hazard categories I, II, or III.
SECTION 3. Subsection 18.49.060(c) of Section 18.49.060
[Site development regulations] of Chapter 18.49 [CD Commercial
Downtown District] of the Palo Alto Municipal code is hereby
amended to read as follows:
18.49.060(c). The floor area bonuses described in
subsections (b) (2) and (b) (3) of this section shall be granted
in accordance. with the following requirements:
(1) An application for such floor area bonus (es) shall
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 therefore under this
section, and the extent to which such bonus (es) are proposed to
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be used on-si te and/or for transfer. An application for floor
area bonus for rehabilitation of a Category 1 or 2 historic
building shall include a historic structures report prepared by
a qualified expert in accordance with the standards and
guidelines of the California State Office of Historic
Preservation. It shall also include a plan for rehabilitationi
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 director or the director's designee shall review
the completed application and make a written determination of
the sender site's eligibility for the bonus or bonuses that have
been requested. The decision shall be based upon the following:
(A) In the case of the floor area bonus for seismic
rehabilitation, the chief building of cial has made a
determination that the project complies with or exceeds the
analysis standards referenced in Chapter 16.42 of this codei
(B) In the case of the floor area bonus for historic
rehabilitation of a building in Historic Category 1 and 2, the
director, taking into consideration the recommendations of the
historic resources board, has found that the proj ect complies
with the Secretary of the Interior's "Standards for
Rehabilitation and Guidelines for rehabilitating Historic
Buildings"i and
(C) In the case of cumulative seismic and historic
rehabilitation bonuses which are proposed to be used on-site,
the city council has made the findings set forth in subsection
(b) (3) (B) of this section.
(3) 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
conformi ty with the Secretary of the Interior's "Standards for
Rehabilitation and Guidelines for Rehabilitating Historic
Buildings."
(4) 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
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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.
SECTION 4. Subsections 18.49.060(d) of Section 18.49.060
[Site development regulations] of Chapter 18.49 of the Palo Alto
Municipal code are hereby amended to read as follows:
18.49.060(d). The floor area bonuses described in
subsections (b) (2) and (b) (3) of this section may be use d on
the site of the proposed seismic or historic rehabilitation
project and a building permit issued therefore only upon
satisfaction of all of the requirements in subsection (c) above.
Upon determining that the project has been completed as
approved, or in the case of city-owned buildings upon completion
of all the requirements in 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 floor area bonus which is eligible for
transfer to another site pursuant to the provisions of Chapter
18.87 of this code. The certification shall be recorded in the
office of the county recorder and a copy shall be provided to
the applicant.
SECTION 5.
Commercial Downtown
follows:
Section 18.49.070 of
District] is hereby
18.49.070 Additional
subdistrict.
regulations
Chapter
amended
in
18.49
to read
[CD
as
the CD-C
The following additional regulations shall apply in the
CD-C subdistrict:
(a) Outdoor Sales and Storage. Except in shopping
centers, all permitted office and commercial activities shall be
conducted within a building, except for:
(1) Incidental sales and display of plant materials and
garden supplies occupying no more than one hundred eighty six
square meters (two thousand square feet) of exterior sales and
display area.
(2) Outdoor eating areas operated
permitted eating and drinking services,
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incidental to
(3) Farmers' markets which have obtained a coridi tional
use permit, and
(4) Recycling centers which have obtained a conditional
use permit. Any permitted outdoor activity in excess of one
hundred eighty-six square meters (two thousand square feet)
shall be subject to a conditional use permit. Exterior storage
shall be prohibited, except as provided under (4) of this
subsection.
(b) Permitted residential uses shall be governed by the
following additional regulations!
(1) Exclusive Residential Use. For exclusive
residential use on any site, the regulations and guidelines set
forth in Chapters 18.26 and 18.28 of the Palo Alto Municipal
Code, respectively, shall apply.
(2) Mixed Residential and Nonresidential Use. For mixed
residential and nonresidential use on any site, the regulations
and guidelines set forth in Chapters 18.26 and 18.28 of the Palo
Alto Municipal Code, respectively, shall apply· to that portion
of the site area in residential use. In computing residential
densities for mixed residential and nonresidential uses, there
shall be no deduction for that portion of the si te area in
nonresidential use. The regulations set forth in this chapter
shall apply to that portion of the site area in nonresidential
use.
(3) Modified Standards. For mixed residential and
nonresidential use on any site in the CD-C subdistrict not
located adjacent to any R-l, R-2, RM or PC residential
district, an applicant may elect to have the otherwise
applicable requirements of Chapter 18.26. [RM 40 High Density
Residential], modified as provided in the following table.
These modified standards are interim standards pending revision
of the CD-C subdistrict; an application to make use of them must
be complete and on. file with the city on or before February I,
2007.
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Optional Modified Residential Mixed Use Standards
Maximum Height 50 feet
Setbacks 15 feet, but may be reduced to zero by the
Director or Council; following review by the
Architectural Review Board, if consistent
with the established building pattern in the
area.
Permitted In accordance with Section 5.030 ( f) of the
Setback SOFA 2 Coordinated Area Plan.
Encroachments
Daylight Plane None
Residential 40 units per acre
Density Limit
Maximum Average 1250 square feet
Unit Size
Private and In accordance with Sections 5.030(j} i 5.050
Common Useable (k) and (I) i and Definitions in Appendix C-l
Open Space (a) , (h) and ( j ) of the SOFA 2 Coordinated
Area Plan.
(c) Daylight Plane. Sites sharing any lot line with one
or more sites in any RE, R-l, R-2, RM, or any residential PC
district shall be subj ect to a maximum· height established by
daylight planes that are identical to the daylight plane
requirements of the most restrictive residential district
abutting each such side or rear site line. Such daylight planes
shall begin at the applicable side or rear site lines and
increase at the required slope from these site lines until
intersecting the height limit otherwise established for the.CD-C
subdistrict.
SECTION 6. Section 18.87.010 of Chapter 18.87
[Transferable Development Rights] is hereby amended to read as
follows:
18.87.010 Purpose and Applioability
(a) The purpose of this chapter 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 Sections
18.32.090 and 18.87.080, this chapter is applicable only to
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I
!
properties located in the CD zone, and is the exclusive
procedure for transfer of development rights for properties so
zoned.
(b) The city may from time to
application forms, submittal requirements, fees,
requirements and guidelines as will aid in
implementation of this chapter.
time establish
and such other
the efficient
SECTION 7. The City Council finds that this project, a
minor alteration in land use limitations, is categorically
exempt from the California Environmental Quality Act under CEQA
Guideline 15305.
SECTION 8. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: February 7, 2005
PASSED: February 22, 2005
AYES: BEECHAM, BURCH, CORDELL, KISHIMOTO, KLEINBERG, MORTON,
MOSSAR, OJAKIAN
NOES: FREEMAN
ABSENT:
ABSTENTIONS:
APPROVED AS TO FORM:
'v.c-~
Asst. City Attorney
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APP~
of Planning and
y Environment