HomeMy WebLinkAbout2005-04-25 Ordinance 4869follows:
ORDINANCE NO. 4869
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO UPDATING THE R-l ZONE DISTRICT REGULATIONS,
THE R-l INDIVIDUAL REVIEW PROCESS, AND THE HOME
IMPROVEMENT EXCEPTION PROCESS OF TITLE 18
[ZONING] OF THE PALO ALTO MUNICIPAL CODE BY
REPEALING CHAPTERS 18.13 [SINGLE-STORY HEIGHT
COMBINING DISTRICT (S) REGULATIONS], 18.14 [R-l
SINGLE FAMILY INDIVIDUAL REVIEW] AND 18.15
[SPECIAL RESIDENTIAL BUILDING SITE COMBINING
DISTRICT REGULATIONS], AND AMENDING CHAPTERS
18.04 [DEFINITIONS] , 18.08 [DESIGNATION AND
ESTABLISHMENT OF DISTRICTS], 18.12 [R-l SINGLE-
FAMILY RESIDENCE DISTRICT REGULATIONS], 18.77
[PROCESSING OF PERMITS AND APPROVALS], 18.88
[SPECIAL. PROVISIONS AND EXCEPTIONS], AND
AMENDING CROSS-REFERENCES IN VARIOUS OTHER CODE
SECTIONS
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. Findings and Declarations. The City Council
finds and declares as follows:
(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 (PAMC) , 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 the R-l
district. 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. Many modi cations to the R-l
district have been made since that time, resulting in a code
that is disorganized and difficult to read and implement.
(d) On August 6, 2001, the Palo Alto City Council
approved an Individual Review Process for single-family homes.
The program requires review for all new two-story homes, new
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second story addi tions, and addi tions
story greater than 150 square feet.
effect on November 19, 2001.
to an existing second
This program went into
(e) On October 29 t 2003, and December 15, 2003, the
Department of Planning and Community Environment presented the
second annual report on the Individual Review program to the
Planning and Transportation Commission and City Council t
respectively. That report recommended several minor adjustments
to the Individual Review process and ordinance language.
(f) Input from the City Council, the Planning and
Transportation Commission, the Department of Planning and
Community Environment, and the community during review of home
improvement exceptions has revealed the need to revise the home
improvement exception.
(g) Approximately 3,000 lots across the City are of
sufficient size (135% of the minimum in lot size) to allow
second dwelling units. Many of these lots have constraints that
would further preclude construction of second dwelling units,
but according to lot size may be eligible to apply for
construction approval for such units. All second dwelling units
are subject to the underlying R-1 district development
standards, including but not limited to setbacks, floor area,
site coverage, and required parking.
(h) It is possible that permitting second dwelling
units without the existing limitations could result in impacts
on traffic t noise, and parking that are not definable without
significant analysis, but that may be unacceptable under a
maximum buildout scenario.
SECTION 2. Purpose. This ordinance will accomplish the
following:
(a) Reorganize and update the various chapters
applicable to the R-1 single-family areas of the City to improve
usability and clarify the code language;
(b) Implement programs in the Palo Alto comprehensive
plan relating to low-density residential districts;
(c) Revise the regulations governing Planning permit
processing to enable home improvement exceptions (HIEs) and
Individual Review approvals to be processed in the same manner;
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(d) Revise the findings required for approval of
HIEs, and place specific limitations on such exceptions; and
(e) Clarify code language applicable to HIEs and
Individual Review approvals.
SECTION 3. Summary of Code Changes.
this ordinance will be accomplished by:
The purpose of
(a) Amending and restating Chapter 18.12 (R-l Single-
Family Residence District Regulations) in its entirety;
(b) Amending and consolidating chapters 18.13
(Single-Story Height Combining District (S) Regulations), 18.14
(R-l Single Family Individual Review), 18.15 (Special
Residential Building Site Combining District Regulations), and
section 18.76.060 (Home Improvement Exc,eption) into chapter
18.12;
(c) Amending Chapter 18.77 (Procedure for Permits and
Approvals) ;
(d) Amending Chapter 18.04 (Definitions);
(e) Relocating to Chapter 18.12 parts
18.88 (Special Provisions and Exceptions)
applicable to the R-l district; and
of Chapter
specifically
(f) Amending cross-references in various other code
sections.
SECTION 4. Paragraph (3) of subsection (a) of section
18.040.030 (Definitions) of Title 18 (zoning) is hereby amended
to read as follows:
(3) II Accessory building or structure II means a
building or structure which is incidental to and customarily
associated with a specific principal use or facility, and which
meets the applicable conditions set forth in Chapter18.12.080.
SECTION 5. Paragraph (4) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] is hereby'deleted.
SECTION 6. Paragraph (15) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(15) "Basement" means that portion of a building
between the lowest floor and the ceiling above, which is fully
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below grade or partly below and partly above grade, but so
located that the vertical distance from grade to the floor below
is more than the vertical distance from grade to ceiling.
SECTION 7. A new paragraph (15.5) , is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(15.5) "Bed and Breakfast" lodging means the furnishing
of rooms or groups of rooms equipped regularly to provide
lodging by prearrangement and for compensation for short periods
of time and not to exceed six guest rooms. Meals mayor may not
be provided, but there is one common kitchen facility.
SECTION 8. Paragraph (24.5) of subsection (a) of
section 18.04.030 (Definitions) of Title 18 [Zoning] of the Palo
Alto Municipal Code is hereby amended to read as follows:
(24. 5) "Carport 11 means a portion of a principal
residential building or an accessory building to a residential
use designed to be utilized for the shelter of one (1) or more
motor vehicles, which is open (unenclosed) on two or more sides
including on the vehicular entry side, and which is covered with
a solid roof.
SECTION 9. A new paragraph (41.5) is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(41.5) "Director" means the director of planning and
community environment or his or her designee.
SECTION 10. Paragraph (43) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(43) Day Care Home.
(A) "Family day care home" means a home licensed by
the state or county which regularly provides care, protection,
and supervision for fourteen or fewer children, in the
provider's own home, for periods of less than twenty-four hours
per day, while the parents or guardians are away and includes
the following:
( i ) "Large fami ly day care home II means a home whi ch
provides family day care for seven to fourteen children,
inclusive, including children under the age of ten who reside at
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the home, subject to the requirements of State Health and Safety
Code §1597.465.
(ii) "Small family day care home" means a home which
provides family day care for eight or fewer children, including
children under the age of ten who reside at the home, subject to
the requirements of State Health and Safety Code §1597.44.
(B) "Adult day care home" means use of a dwelling
uni t or portion thereof, licensed by the state or county, for
daytime care and supervision of twelve or fewer persons, above
the age of eighteen, and includes the following:
(i) "Large adul t day care home" means a home which
provides daytime care of seven to twelve adults.
( i i) " Small adul t day care home" means a home whi ch
provides daytime care to six or fewer adults.
SECTION 11. Paragraph ( 44) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Al to
Municipal Code is hereby amended to read as follows:
(44) "Daylight plane" is intended to provide for light
and air, and to limit the impacts of bulk and mass on adjacent
properties. "Daylight Plane" means a height limitation that,
when combined with the maximum height limit, defines the
building envelope within which all new structures or additions
must be contained. The daylight plane is an inclined plane,
beginning at a stated height above average grade, as depicted in
the development standards for each zone district, and extending
into the site at a stated upward angle to the horizontal up to
the maximum height limit. The average grade, for the purpose of
determining the daylight plane, is the average of the grade at
the midpoint of the building and the grade at the closest point
on the abutting lot line. The daylight plane may further limit
the height or horizontal extent of the building at any specific
point where the daylight plane is more restrictive than the
height limit applicable at such point on the site. The daylight
plane shall be measured separately for each building on a lot,
and separately for each side of each building.
SECTION 12. Paragraph (46) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(46) "Dwelling unit" means a room or
including living, sleeping, eating,
sanitation/bathing facilities, constituting
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group of
cooking,
a separate
rooms
and
and
independent housekeeping unit, occupied or intended for
occupancy on a nontransient basis and having not more than one
kitchen.
SECTION 13. Paragraph (46.5) of subsection (a) of
section 18.04.030 (Definitions) of Title 18 [Zoning] of the Palo
Alto Municipal Code is hereby am~nded to read as follows:
(46.5) "Dwelling unit, second" means a separate and
complete dwelling unit, other than and subordinate to the main
dwelling unit, whether a part of the same structure or detached,
on the same residential lot.
SECTION 14. Paragraph (59) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(59) "Garage, private" means a portion of a principal
residential building or an accessory building to a residential
use designed to be uti zed for the shelter of one (1) or more
motor vehicles and in which is enclosed on two or more sides.
SECTION 15. Paragraph (64) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(64) Grade.
(A) "Grade," in all districts other than the R-E and R-I
residence districts means the lowest point of adjacent ground
elevation, of the finished surface of the ground, paving, or
sidewalk, excluding areas where grade has been raised by means
of a berm, planter box, or similar landscaping feature, unless
required for drainage, within the area between the building and
the property line, or when the property line is more than five
feet from the building, between the building and a line five
feet from the building. In building areas with natural slopes in
excess of ten percent, "grade" shall mean the adjacent ground
elevation of the finished or existing grade, whichever is lower.
(B) "Grade" in the R-E and R-1 residence districts, means,
for each building or structure, the lowest point of adjacent
ground elevation prior to grading or fill, if the si te has a
natural slope of 10% or less. For R-E and R-1 sites with a
natural slope of more than 10% (calculated using the lowest and
highest elevations on the site), "grade" shall mean the adjacent
ground elevation of the finished or existing grade, whichever is
lower. The calculation of "average grade" for the purpose of
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determining the daylight plane is described in the definition of
"Grade"
SECTION 16. Paragraph (65) of subsection (a) of section
18.04.030 (Def tions) of Title 18 [Zoning] of the Palo Al to
Municipal Code is hereby restated in its entirety to read as
follows:
(65) "Gross floor area" is defined as follows:
(A) Non-residential & Multifamily Inclusions: For all
zoning districts other than the R-E t R-lt R-2 and RMD residence
districts t "gross floor area" means the total area of all floors
of a building measured to the outside surfaces of exterior
walls t and including all of the following:
(i) Halls;
(ii) Stairways;
(iii) Elevator shafts;
(iv) Service and mechanical equipment rooms;
(v) Basement, cellar or attic areas deemed usable by
the director of planning and community environment;
(vi) Open or roofed porches, arcades,
balconies, courts, walkways, breezeways or porticos if
above the ground floor and used for required
plazas,
located
access;
(vii) Permanently roofedt but either partially enclosed
or unenclosedt building features used for sales t service t
displaYt storage or similar uses; and
(viii) In residential districts other than the R-E, R-lt
R-2 and RMD residence districts t all roofed porches, arcades,
balconies, porticos, breezeways or similar features when located
above the ground floor.
(B) Non-residential & Multifamily Exclusions: For
all zoning districts other than the R-E, R-l, R-2 and RMD
residence districts, "gross floor area" shall not include the
following:
(i) Parking facilities accessory to a permitted or
conditional use and located on the same site;
(ii) Roofed arcades, plazas, walkways, porches,
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050504 syn 6030042
breezeways, porticos, and similar features not substantially
enclosed by exterior walls, and courts, at or near street level,
when accessible to the general public and not devoted to sales,
service, display, storage or similar uses.
(iii) Except in the CD District and in areas designated
as special study areas, minor addi tions of floor area approved
by the director of planning and community environment for
purposes of resource conservation or code compliance, upon the
determination that such minor additions will increase compliance
wi th environmental health, safety or other federal, state or
local standards. Such additions may include, but not be limited
to the following:
a. Areas designed for resource conservation, such as
trash compactors, recycling and thermal storage facilities; and
b. Areas designed and required for hazardous materials
storage facilities, handicapped access or seismic upgrades.
(iv) In commercial and industrial districts except in
the CD District and in areas designated as special study areas,
addi tions of floor area designed and used solely for on-si te
employee amenities for employees of the facili ty, approved by
the director of planning and community environment, upon the
determination that such additions will facilitate the reduction
of employee vehicle use. Such additions may include, but are not
limited to, recreational facilities, credit unions, cafeterias
and day care centers.
(C) Low Density Residential Inclusions and
Conditions: In the RE and R-l single-family residence districts
and in the R-2 and RMD two-family residence districts, "gross
floor area" means the total covered area of all of all floors of
a main structure and accessory structures greater than one
hundred and twenty square feet in area, including covered
parking and stairways, measured to the outside of stud walls,
including the following:
(i) Floor area where the distance between the top of
the finished floor and the roof directly above it measures
seventeen feet or more shall be counted twice;
(ii) Floor area where the distance between the top of
the lowest finished floor and the roof directly above it
measures twenty-six feet or more shall be counted three times;
(iii) Carports and garages enclosed on more than one
side shall be included in gross floor area;
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(iv) The entire floor area (footprint) of a vaulted
entry feature, whether enclosed or unenclosed, shall be counted
twice in the calculation of gross floor area;
(v) The footprint of a fireplace shall be included in
the gross floor area, but is only counted one time;
(vi) All roofed porches, arcades, balconies, porticos,
breezeways or similar features when located above the ground
floor and more than 50% covered by a roof or more than 50%
enclosed shall be included in the calculation.
(vii)
height above
calculation.
Recessed porches on the ground floor extending in
the first floor shall be included once in the
(D) Low Densi ty Residential Exclusions:
and R-1 single-family residence districts and in the
two-family residence districts, "gross floor areal!
include the following:
In the RE
R-2 and RMD
shall not
(i) Basements where the finished level of the first
floor is not more than three feet above the grade around the
perimeter of the building foundation, shall be excluded from the
calculation of gross floor area, provided that lightwells,
stairwells and other excavated features comply with the
provisions of 18.12.070;
(ii) Attic storage space where the distance between
the attic floor and the roof directly above it is less than 5'
in height shall be excluded from the calculation of gross floor
area;
(iii) Two hundred square feet of unusable third floor
equivalent, such as attic space, shall be excluded from the
calculation of gross floor area. Provided, there shall be no
exclusion of floor area if any portion of the unusable third
floor equivalent area has a roof slope of less than 4:12;
(i v) Bay windows shall be excluded from gross floor
area if the bay structure is located at least 18" above the
interior finished floor level, proj ects no more than two feet
from the main building wall and more than 50% of the bay area is
covered by windows;
(v) Open or partially enclosed (less than 50%
enclosed) porches, whether recessed or protruding, located on
the first floor shall be excluded from gross floor area, whether
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050504 syn 6030042
covered or uncovered. Recessed porches located on the first
floor with a depth of less than 10 feet shall be excluded from
the calculation if the exterior side{s) of the porch is open.
(vi) Porte-cocheres and carports completely open on
three or more sides shall be excluded from the calculation of
gross floor area.
(vii) For residences designated on the City's Historic
Inventory as a Category 1 or Category 2 historic structure as
defined in Section 16.49.020 of the Municipal code or any
contributing structure within a locally designated historic
district, the following gross floor area exclusions apply.
a. New or existing basement area, including where the
existing finished level of the first floor is 3 feet or more
above grade around the perimeter of the building foundation
walls; and
b. Up to 500 square feet of unusable attic space in
excess of 5 feet in height from the floor to the roof above.
All exterior alterations to historic structures shall be subject
to the provisions of 16.49 (Historic Preservation) .
Additionally, if the structure includes a second story or second
story addition, the project shall be subject to the provisions
of Section 18.12.110 (Single Family Individual Review).
SECTION 17. Paragraph (66) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby deleted.
SECTION 18. Paragraph (67) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Al to
Municipal Code is hereby amended to read as follows.
(67) II Height II means, for all ,districts other than the
R-E and R-1 residence district, the vertical distance above
grade to the highest point of th~ coping of a flat roof or to
the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof, except that in the R-
2 and RMD Districts the height of a pitched or hipped roof shall
be measured to the height of the peak or highest ridge line. In
the R-E and R-1 single family residence districts, height shall
be measured from the highest point of the structure's roof,
including wall parapets, to the grade. The height of a stepped
or terraced building is the maximum height of any segment of the
building.
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SECTION 19. Paragraph (75) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(75) "Kitchen" means a room designed, intended or used
for cooking and the preparation of food and dishwashing.
Kitchen facilities include the presence of majo~ appliances or
utility connections and the ability to store, prepare, cook, and
cleanup of food and food preparation.
SECTION 20. Paragraph (82) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby deleted.
SECTION 21. Paragraph (83) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(83) "Lodging unit" means a room or group of rooms not
including a kitchen, used or intended for use by overnight
occupants as a single unit, whether located in a hotel, motel or
a bed and breakfast providing lodging. Where designed or used
for occupancy by more than two persons, each two-person capacity
shall be deemed a separate lodging unit.
SECTION 22. Subparagraph (B) of paragraph (84) of
subsection (a) of section 18.04.030 (Defini tions) of Ti tie 18
[Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows.
(B) "Flag lot n means an interior lot on which the
buildable area is located to the rear of a lot abutting a
street, and which has access to the same street only by means of
a driveway.
SECTION 23. A new paragraph (113 .1) I is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(113.1) "Porch" means a roofed open area,
to or part of the building and with direct access
residence. Please see definition for "vaulted entry
for similar structures greater than 12 feet in height.
attached
to the
feature"
SECTION 24. A new paragraph (114.2), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
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050504 syn 6030042
(114.2) "Porte-cochere" means a covered structure
attached to a residence or adjacent to a residence and erected
over a driveway, which is completely open on three or more sides
and used for the temporary unloading and loading of vehicles.
SECTION 25. A new paragraph (114.3), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(114.3) "Privacy" means a reasonable expectation
that personal activities conducted within and around one's home
will not be subj ect to casual or involuntary observation by
others. Complete or absolute privacy is not a realistic
expectation.
SECTION 26. Paragraph (127) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(127) "Screened" means shieldedl concealed and
effectively hidden from view at an elevation up to eight feet
above ground level on adjoining sites l or from adjoining
streets l within ten feet of the lot line, by a fence l wall l
hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof. "Partially screened" means that
the direct view of an identified object is interrupted as viewed
from a specifically referenced vantage point.
SECTION 27. A new paragraph (127.5) , is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(127.5) "Secretary of the Interior's Standards for Historic
Rehabilitation" means the Secretary of the United States
Department of the Interior's Standards for Rehabilitation of
Historic Buildings, issued by the National Park Service (36 Code
of Federal Regulations Part 67), together with the accompanying
interpretive Guidelines for Rehabilitating Historic Buildings,
as they may be amended from time to time.
SECTION 28. Paragraph (132) of subsection (a) .of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(132) "Single-family use" means the use of a site for
only one dwelling unit and, where permitted, a second dwelling
unit.
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SECTION 29. Paragraph (134) of subsection (a) of
section 18.04.030 (Definitions) of Title 18 [Zoning] of the Palo
Alto Municipal Code is hereby amended to read as follows:
(134 ) "Structure means anything that is constructed or
erected, the use of which requires the location on or in the
ground or attached to something located on the ground, including
but not limited to buildings, swimming pools, tennis courts, but
excluding patios, sidewalks, driveways, or parking spaces.
SECTION 30. A new paragraph (143.5), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(143.5) "Vaulted entry feature" means a roofed but open
structure greater than 12' in height attached to or part of the
building and with direct access to the residence. The height
shall be measured from grade to the top of the roof or, if there
is a second floor above the feature, then to the underside of
the floor above.
SECTION 31. Subparagraph (E) of paragraph (146) of
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Al to Municipal Code is hereby amended to
read as follows.
(E) "Street yard" means a yard adjoining a street lot
line. other than the front lot line.
SECTION 32. Section 18.08.020 of Chapter 18.08
(DESIGNATION AND ESTABLISHMENT OF DISTRICTS) of Title 18
[Zoning] of the Palo Al to Municipal Code is hereby amended to
read as follows:
II
II
II
II
II
II
II
II
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18.08.020 Designation of combining districts.
In addition to the classes of general districts set
forth in Section 18.08.010, the following combining districts
are established and designated:
Zoning District Chapter
Map Name Number
Designation
S Single-story height combining 18.12
district
(20,OOOi ~pecial residential building 18.12
8,OOOi 7,000) ite combining district
I NP Neighborhood preservation '1 0 "j f'\
combining district ~ CC(2) Conununity conunercial
combining district
R Retail shopping combining 18.46
district
P Pedestrian shopping combining 18.47
district
, H Hotel combining district 18.48
GF Ground floor combining 18.50
district
GM (B) General manufacturing 18.57
district
3,5 Limited industrial site 18.63
combining district
L Landscape combining district 18.70
D Site and design review 18.82
combining district
HW Hazardous waste facility 18.85
combining district
N Nonconforming use 18.95
amortization combining
district
SECTION 33. Section 18.08.030 of Chapter 18.08 =:...;;.....::.:...;;.....::.:..;:.,:...--=--=-
(DESIGNATION AND ESTABLISHMENT OF DISTRICTS) of Title 18
[Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.08.030 References to districts.
Reference within this title to residential districts
generally and as a grouping, includes all districts identified
in this section. Where references are made to more restrictive
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050504 syn 6030042
or less restrictive residential districts, such references shall
apply sequentially between the most restrictive and the least
restrictive.
Residential
District
RE
R-1 (20,000)
R-1 (10,000)
R-1 (8,000)
R-1 (7,000)
R-1
R-2
RM-15
RM-30
RM-40
Restrictive
Reference
Most Restrictive
Least Restrictive
SECTION 34. Chapter 18.12 (R-1 Single Family Residence
District Regulations) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby restated in its entirety to read as
shown in Exhibit A.
SECTION 35. Chapter 18.13 (Single-Story Height Combining
District (S) Regulations) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby repealed in its entirety.
SECTION 36. Chapter 18.14 (R-1 Single Family Review) of
Title 18 [Zoning] of the Palo Alto Municipal Code is hereby
repealed in its entirety.
SECTION 37. Chapter 18.15 (Special Residential Building
Site Combining District Regulations) of Title 18 [Zoning] of the
Palo Alto Municipal Code is hereby 'repealed in its entirety.
SECTION 38. Section 18.76.060 (Home Improvement
Exception) of Chapter 18.76 (Permits and Approvals) of Title 18
[Zoning] of the Palo Alto Municipal Code is hereby deleted.
Section 18.77.075 (Low-density
is hereby added to Chapter 18.77
Approvals) of Title 18 [Zoning] of
to read as follows:
SECTION 39. A new
Residential Review Process)
{Procedures for Permi ts and
the Palo Alto Municipal Code
15
050504 syn 6030042
18.77.075 Low-density Residential Review Process
(a) Applications Subject to Low-density Residential
Review Process. The following applications are subj ect to the
review process set forth in this section:
(1) Indi vidual review applications I home improvement
exception applicationsi and
(2) Other permits and approvals for which such review
process is required by the provisions of this title (Zoning).
(b) Notice of application submi ttal. Wi thin three
days of submittal of an application, notice that the application
has been submitted shall be given by mail to owners and
residents of property adjacent to the subject property, and
shall be posted at the subject property until approval, denial
or withdrawal of the application. The notice shall include the
name of the applicant; the address of the proposed projecti and
information on when and how comments will be accepted by the
city. The mailed notice shall also include a description of the
project.
(c) Comment Period. The comment period shall be
twenty-one days beginning on the third business day after' an
application is submitted. If notice is mailed or posted on a
later date, the comment period shall begin on the later date.
Written comments received by the city during this period shall
be considered as part of the staff review. Only one comment
period is required. If plans are revised during or following
the comment period, a statement that the plans have been revised
shall be included in the notice of the proposed director's
decision set forth in subsection (e).
(d) Decision by the director. Following completion
of the comment period and any staff review:
( 1)
decision to
application.
The director shall prepare a proposed written
approve, approve with conditions, or deny the
(2) Notice of the proposed director's decision shall
be mailed to owners and residents of property adjacent to the
subject property, and any person who has made a written request
for notice of the decision. The notice shall include the
address of the property, a brief description of the proposed
proj ect, a brief description of the proposed director's
16
050504 syn 6030042
decision, the date the decision will be final if no hearing is
requested, and a description of how to request a hearing.
(3) The proposed director's decision shall become
final fourteen days after the date notice is mailed unless a
request for a hearing is filed.
(4) The applicant or the owner or occupier of an
adjacent property may request a director's hearing on the
proposed director's decision by filing a written request with
the planning division before the date the proposed director's
decision becomes final. There shall be no fee required for
requesting such a hearing.
(5) The time limits set forth in this subsection (d)
may be extended upon the written request of the applicant.
(e) Director's Hearing (upon request).
(1) Following the filing of a timely hearing request
of a proposed director's decision the director shall hold a
hearing on the application. A hearing request received after
the expiration of the time limits set forth in subsection (d) (3)
shall not be considered.
(2) Notice of the director's hearing shall be mailed
ten days prior to the hearing to the proj ect applicant, to
owners and residents of property adjacent to the subject
property, and to any person who has made a written request for
such notice. Notice shall include the address of the property,
a brief description of the proposed project, and the date, time
and location of the hearing.
(3) At the time and place set for hearing the
director shall hear evidence for and against the application or
its modification. The hearing shall be open to the public.
(f) Final Director's Decision
(1) The director shall issue a written
conditions, or denying the
days of the hearing.
approving, approving with
application within fourteen
decision
project
(2) Notice of the director's decision shall be mailed
to the project applicant, the. owners and occupants of all
adj acent properties, and any person requesting notice of the
decision. The notice shall include the address of the property,
a brief description of the proposed project, a brief description
of the proposed director's decision, the date the decision will
17
050504 syn 6030042
be final if no appeal is filed, and a description of how to file
an appeal.
(3) The director's decision shall become final
fourteen days after the date notice is mailed unless an appeal
is filed. The director may, for good cause, specify in writing
a longer period for filing an appeal at the time he or she
issues the proposed decision.
(4) The applicant or the owner or occupier of an
adjacent property may file an appeal of the director's decision
by filing a written request with the City Clerk before the date
the director's decision becomes final. The written request
shall be accompanied by a fee, as set forth in the municipal fee
schedule.
(g) Decision by the city council. If a timely appeal
is received by the City, the director's decision on the
application shall be placed on the consent calendar of the city
council within 30 days. The city council may:
(1) Adopt the findings and recommendation of the
director; or
(2) Remove the recommendation from the
calendar, which shall require four votes, and
application for a new hearing before the city council,
which the city council shall adopt findings and take
the application.
consent
set the
following
action on
(h) Decision by the city council Final. The decision
of the city council is final.
SECTION 40: Subsection (d) of section 18.77.080 (Notice)
of Chapter 18.77 (Procedures for Permits and Approvals) of Title
18 [Zoning) of the Palo Alto Municipal Code is amended to read
as follows:
(d) Notice by Mail. When notice by mail is required,
the notice shall be mailed to owners of real property as shown
on the latest equalized assessment rolls or such other interim
record as may be provided by the county assessor. When mailing
notice to occupants, using the addresses listed in the city's
Geographic Information System (GIS) constitutes a good faith
effort to provide such notice. When notice by mail to adjacent
property owners and residents is required, "Adjacent properties"
means those properties sharing a common boundary with the
subject property I the property or properties located directly
18
050504 syn 6030042
across the street, and the next properties located diagonally
across the street from the subject property.
SECTION 41. Section 18.77.120 (Horne Improvement .::..=:...=...:=-=.=:...--;;;..;;;. Exception Process) of Chapter 18.77 (Procedures for Permits and
Approvals) of Title 18 [zoning] of the Palo Alto Municipal Code
is hereby deleted.
SECTION 42. The following entry is added to Table 1
(Minimum Off-Street Parking Requirements) of Section 18.83.050
(Schedule of off-street parking, loading and bicycle facility
requirements) of Title 18 [zoning] of the Palo Alto Municipal
Code:
Use
Single-family
residential
use (including
second single-
family dwelling
units) :
Minimum Off-Street Parking
Requirement
(a) In the O-S district:
for the primary dwelling unit,
4 spaces, of which one must be
covered
for a second detached dwelling
unit, 2 spaces, of which one must be
covered
for a second attached dwelling
unit, 1 space
(b) In the R-l district:
for the primary dwelling unit,
2 spaces, of which one must be
covered
for a second dwelling unit
larger than 450 square feet, 2
spaces, of which one must be covered
for a second dwelling unit 450
square feet or smaller, 1 space
(c) In all other districts:
for the primary dwelling unit,
2 spaces, of which one must be
covered
for a second detached dwelling
unit, 2 spaces, of which one must be
covered
for a second attached dwelling
I unit, 1 space
Minimum Bicycle
Parking
Requirement
Spaces Class
SECTION 43. Paragraph (3) of subsection (b) of section
18.88.030 (Location of Accessory buildings) of Title 18 [Zoning]
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050504 syn 6030042
of the Palo Al to Municipal Code is hereby amended to read as
follows.
(3) An accessory building shall not be located in a
required interior side or rear yard unless the building is at
least seventy-five feet from any street linel measured along the
respective lot line.
SECTION 44. Paragraph (3) of subsection (b) of section
18.88.040 (Separation between buildings) of Title 18 [Zoning) of
the Palo Alto Municipal Code is hereby amended to read as
follows.
(a) The minimum distance between separate buildings
located on the same site shall be as required by Title 16;
provided. However 1 accessory buildings in the RE single-family
residence districts shall be separated from the principal
building by at least three feet.
SECTION 45. Paragraph (2) of subsection
18.88.090 (projections into yards) of Title 18
Palo Alto Municipal Code is hereby deleted.
SECTION 46. Paragraph (3) of' subsection
18.88.090 (Proj ections into yards) of Title 18
,Palo Al to Muni c ipal Code is hereby de I eted.
(a) of section
[Zoning] of the
(a) of section
[Zoning] of the
SECTION 47. Section 18.98.020 (Changes in district
boundaries) of Chapter 18.98 (AMENDMENTS TO ZONING MAP AND
ZONING REGULATIONS) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.98.020 Changes in district boundaries.
Changes in the boundaries of districts established by this
title may be initiated by anyone of the following actions:
(a) By application of a property owner as provided by
Section 18.98.030;
(b) By motion of the city councillor by motion of the
planning commission, as provided by Section 18.98.040.
(c) For creating or removing a single-story combining
district (S) 1 by application of an affected property owner as
provided by Section 18.98.035 1 or by motion of the City Council
or Planning Commission l as provided by Section 18.98.040.
20
050504 syn 6030042
SECTION 48. A new Section 18.98.035 (Application for
Single-Story Overlay Districts.) is hereby added to Chapter
18.98 (AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS) of Title
18 [Zoning] of the Palo Alto Municipal Code to read as follows:
18.98.035 Application for Single-Story Overlay Districts.
An application for creation or removal of a single-story
combining district may be made by an owner of record of property
located in the single-story overlay district to be created or
removed, in accordance with the requirements of 18.12.100
(Regulations for the Single Story Overlay (S) Combining
District) . Such applications shall be considered in accordance
with the provisions of this Chapter 18.98.
SECTION 49. The City Council finds that the changes
effected by this ordinance are exempt from the provisions of the
California Environmental Quality Act (CEQA), per section 15061
of CEQA Guidelines, because it can be seen with certainty that
there is no possibility that the project will have a significant
effect on the environment.
II
II
II
II
II
II
II
II
II
II
II
II
21
050504 syn 6030042
SECTION 50. 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 PAMC Title 18 zoning
Regulations in effect on the date the application is received by
the City.
INTRODUCED:
PASSED:
April 11, 2005
April 25, 2005
AYES: BURCH, CORDELL, FREEMAN, KISHIMOTO, KLEINBERG, MORTON
NOES:
ABSENT: BEECHAM, MOSSAR, OJAKIAN
ABSTENTIONS:
1i..f.51'Ci ty Clerk
APPROVED AS TO FORM: €>-?Q :z
Senior :Asst.-. City Attorney
D6RJT\!
050504 syn 6030042
22
Mayor
Sections:
18.12.010
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
18.12.080
18.12.090
18.12.100
18.12.110
18.12.120
18.12.130
18.12.140
18.12.150
18.12.010
Chapter 18.12
R-1 RESIDENTIAL DISTRICT
Purposes
Applicable Regulations
Land Uses
Development Standards
Permitted Encroachments, Projections and Exceptions
Parking
Second Dwelling Units
Accessory Uses and Facilities
Basements
Exhibit A
Regulations for the Single Story Overlay (S) Combining District
Single Family Individual Review
Home Improvement Exceptions
Architectural Review
Historical Review
Grandfathered Uses
Purposes
Provisions related to the single-family residential (R-l) district, four residential R-l
subdistricts, and the single-story (S) combining district are outlined in this chapter.
Requirements for the RE, R-2 and RMD are included in Chapters 18.10, 18.17, and
18.19, respectively. The specific purposes of each residential district are stated below:
(a) Single Family Residential District [R-l]
The R-l single family residential district is intended to create, preserve, and
enhance areas suitable for detached dwellings with a strong presence of nature and
with open area affording maximum privacy and opportunities for outdoor living
and children's play. Minimum site area requirements are established to create and
preserve variety among neighborhoods, to provide adequate open area, and to
encourage quality design. Second dwelling units and accessory structures or
buildings are appropriate where consistent with the site and neighborhood
character. Community uses and facilities. such as churches and schools, should be
limited unless no net loss of housing would result.
(b) Special Residential Building Site R·l Subdistricts (7,000), (8,000), (10,000),
(20,000)1
The special residential building site R-l subdistricts are intended to modify the site
development regulations of the R-l single family residence district, where applied
1 Subdistricts may be reflected on the Zoning Map as R-l(650), R-l(743), R-l(929) and R-l(l,858),
respectively, reflecting the minimum lot size in square meters rather than in square feet.
)
18.12.020 Applicable Regulations
in combination with the R-l district, to create and maintain single-family living
areas of varying site size and development characteristics, to reflect and preserve
the character of existing neighborhoods.
(c) Single-Story Combining District (S)
The single-story height combining district is intended to modify the site
development regulations of the R-l single-family residence district, to preserve and
maintain single-family living areas of predominantly single-story character. An
area proposed for a single story combining district should be of a prevailing single
story character, thus limiting the number of structures rendered noncomplying by
the (S) combining district. It is intended that neighborhoods currently subject to
single story deed restrictions be developed in a manner consistent with those deed
restrictions. Furthermore, it is desirable that homes be similar in age, design and
character, ensuring that residents of an area proposed for rezoning possess like
desires for neighborhood preservation and face common home remodeling
constraints.
18.12.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.83 to 18.99 inclusive shall apply to the R-l district including
the R-l subdistricts.
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single-family residential districts
are shown in Table 1:
Table 1: Permitted and Conditional R·l Residential Uses
P = Permitted Use & CUP = Conditional Use Permit
ACCESSORY AND SUPPORT
Accessory facilities and uses customarily incidental to
permitted uses with no more than two plumbing fixtures
and no kitchen facility, or of a size less than or equal to
200 feet.
Accessory facilities and uses customarily incidental to
permitted uses with more than two plumbing fixtures
(but with no kitchen), and in excess of 200 square feet
in but second units.
Home Occupations, when accessory to permitted
residential uses.
Horticulture, gardening, and growing of food products
for of the site.
2
p
CUP
p
p
18.04.030(3)
18.12.080
18.12.080
18.88.130
18.12.040
Utility Facilities essential to provision of utility services
to the neighborhood, but excluding business offices,
construction or storage yards, maintenance facilities, or
18.12.040 Site Development Standards
)
Site Development Standards
CUP
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the R-1 district and the R-1 subdistricts are shown
in Table 2:
3
18.12.040 Site Development Standards
a e . . eSI en la eve opmen n a S . T bl 2 R 1 R . d f I D I t Sta d rd
:., ': R·l Subdistricts~ -~
R·l
R-l I R-tl R·l I R·t
(7,000)* (8,000)*(10,000)* (20,000)*
Subject to
regulations in ',' Chapter: ..... 'CJ",uuistricts based on minimum lot size (st)
)
Minimum Site
Specifications
Site Area (ft2) I I I
All lots except flag lots (I) 6,000 7,000 I 8,000 I 10,000 I 20,000
Flag lots As established by 21.20.301 (Subdivision Ord.)
Site Width (ft) 60
Site Depth (ft) 100
Maximum Lot Size
Lot Area (square feet) 9,999 13,999 I 15,999 I 19,999 I 39,999 18. 12.040(d)
Minimum Setbacks Setback lines imposed by a special setback map pursuant to
Chapter 20.08 o/this code may also apply
Front Yard (ft) Contextual (;lJ 18. 12.040(e)
Rear Yard (ft) 20 18.12.050
Interior Side Yard(ft) 6 8
Street Side Yard (ft) 16
Maximum Height (as 18.04.030 (67) measured to the peak of the
root) (Ct)
Standard 30(.1)
Maximum height for
33(3) buildings with a roof 18.12.050
pitch of 12:12 or greater.
With (S) Combining 17 feet; limited to one habitable floor(4. :;) 18.12.100
Side Yard Daylight Plane
(Excludes street side yards) 18.04.030 (44);
Initial Height 10 feet at interior side lot line(!» 18.12.050
Angle (degrees) 45tOJ
Rear Yard Daylight Plane
Initial Height 16 feet at rear setback line(!» 18.12.050
Angle (degrees) 60~OJ
Maximum Site Coverage: 18.04.030 (86A)
Single story development Equivalent to maximum allowable floor area ratioV )
With (S) Combining Equivalent to maximum allowable floor area ratio(7)
Multiple story 35%(7)
development
Additional area permitted
to be covered by a patio 5%
or overhang
2 Subdistricts may be reflected on the Zoning Map as R-l(650), R-l(743), R-l(929) and R-1(1,858),
respectively, reflecting the minimum lot size in square meters rather than in square feet.
4
i
18.12.040 Site Development Standards
R·1 Subdistricts~
R·1 I R·1 I . R·1 I R·1 Subject to
R·1 (7,000)* (8,000)* (10,000)* (20,000)* regulations in
*Subdistricts based on minimum lot size (sf) Chapter:
': .
Maximum Floor Area Ratio
(FAR)
First 5,000 square feet of .45 Table 3
lot size 18.04.65(C)
Square footage of lot size 18. 12.040(b)
in excess of 5,000 square .30
feet
Maximum 6,000(8) House Size (ft2)
Residential Density One unit, except as provided in Section 18.12.070
Parking See Residential Parking Sec. 18.12.060 18.83
(1) .. . . . . .. Mlmmum Lot Size. Any lot less than the mlmmum lot size may be used m accordance with the provIsions of Sectton
18.88.050.
(2) Contextual Front Setbacks: See Section 18. 12.040(e) for application of contextual front setbacks.
(3) R-l Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum heights
are increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum building
height of33 feet. '
(4) R-l (S) Height Limitations: Habitable floors include lofts, mezzanines, and similar areas with interior heights of five
feet (5') or more from the roof to the floor, but shaH exclude finished basements and shall exclude attics that have no
stairway or built-in access.
(5) R-l (S) Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum
height is increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum
building height of 20 feet.
(6) R-l Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is entitled to an increase in
the maximum height, the heights for the daylight planes shall be adjusted by the same amount.
(7) Site Coverage: The covering of a court is exempt from the calculation of site coverage provided that the court existed
grior to July 20, 1978.
8) Maximum House Size: The gross floor area of attached garages and attached second dwelling units are included in
the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one
detached covered parking space shaH be included in the calculation.
(b) Gross Floor Area Summary
The following table summarizes how "gross floor area" is counted, for the
purpose of compliance with floor area ratio limits outlined in Table 2. "Gross
floor area" means the total covered area of all floors of a main structure and
accessory structures greater than one hundred twenty square feet in area,
including covered parking and stairways, measured to the outside surface of stud
walls, subject to the following inclusions, conditions, and exclusions. For exact
language refer to 18.04(65) Gross Floor Area definition.
5
18.12.040 Sitt; Development Standards
Table 3: Summary of Gross Floor Area for Low Density Residential Districts
Description Included in GFA Excluded from GFA
Accessory structures greater than 120 square feet ./
Second floor equivalent: areas with heights> 17' ./ (counted twice)
Third floor equivalent: areas with heights> 26' ./ (counted three times)-
Third floor equivalent, where roof pitch is >4:12 ./ , up to 200 sf of
unusable space
Garages and carports enclosed on more than one ./
side
Porte cocheres and carports wi th three or more ./
sides completely open
Entry feature ~ 12' in height ./ (counted once)
Vaulted entry> 12' in height ./ (footprint
counted twice)
Fireplace footprint ./ (counted once)
First floor roofed or unenclosed porches ./
First floor recessed porches <10' in depth and ./
open on exterior side
Second floor roofed or enclosed porches, ./
arcades, balconies, porticos, breezeways
Basements (complying with patio & lightwell ./
requirements described in 18.12.070)
Attic space where floor to roof distance is <5' ./
Attic space where floor to roof distance is >5' ./
Bay windows (if at least 18" above interior floor, ./
does not project more than 2', and more than
50% is covered by windows)
Basement area for Category 1 & 2 Historic ./
Homes or contributing structure within a
historic district (even if greater than 3')
Unusable attic space for Category 1 & 2 Historic ./ (up to 500 sf)
Homes
(c) Substandard and Flag Lots
The following site development regulations shall apply to all new construction on
substandard and flag lots in lieu of comparable provisions in subsection (a).
(1) Substandard Lots
(A) For the purposes of this subsection (c), a substandard lot shall be a lot with a
width of less than 50 feet or a depth of less than 83 feet and an area less than
83% of the minimum area required by the zoning of the parcel.
(B) Development standards:
6
j
18.12.040 Site Development Standards
(i) Second story additions or new two story homes are subject to the
Single Family Individual Review guidelines and review process
described in Section 18.12.110.The maximum height shall be 17 feet,
as measured to the peak of the roof.
(m There shall b~JtUmit of one habitable floor. Habitable floors include
12!ts'I11(;}zzanines, and similar areas with interior heights of five feet
(5') or more from the roof to the floor. but exclude basements and
exclude attics that have no stairway or built-in access. The chief
building official shall make the final determination as to whether a
floor is habitable.
(iii) For lots less than 50' in width, the required street side setback shall be
10 feet.
(iv) Substandard lots shall not be subject to the R-l contextual garage
placement requirement.
tti-tSite coverage for hvo story home: 40%.
(C) Nothing in this subsection (c) shall affect or otherwise redefine the
provisions of Section 18.88.050(a) as to whether a substandard lot may be
used as a lot under this title.
(2) Flag Lots
(A) A flag lot shall be defined as set forth in Section 18.04(84B).
(B) Flag Lot Development Standards:
(i) The maximum height shall be 17 feet, as measured to the peak of the
roof.
(ii) There shall be a limit of one habitable floor. Habitable floors
include lofts, mezzanines, and similar areas with interior heights of
five feet (5') or more from the roof to the floor, but exclude
basements and sh:aU-exclude attics that have no stairway or built-in access.
The chief building official shall make the final determination as to
whether a floor is habitable.
(iii) Front Setback: 10 feet. Flag lots are not subject to contextual front
setback requirements.
(iv) Flag lots are not subject to contextual garage placement
requirements.
(d) Maximum Lot Sizes in R-l District and R-l Subdistricts.
This provision limits the potential for lot combinations with a net loss of housing
stock and resultant homes that would be out of scale with homes in the surrounding
neighborhood. In the R-l district and all R-l subdistricts, no new lot shal1 be
created equal to or exceeding two times the minimum lot size prescribed for the
district, except that where 6,000 minimum square foot lots are required in an R-l
7
18.12.040 Site .uevelopment Standards
district, no new lot shall exceed a maximum lot size of 9,999 square feet, as
prescribed in Table 2. Lots larger than the prescribed maximum size are permitted
only under the following circumstances: (i) where a Village Residential land use is
approved concurrent with the new lot, resulting in no net loss of housing units on
the site(s); (ii) where underlying lots must be merged to eliminate nonconformities
and no net loss of housing units would result; (iii) where an adjacent substandard
lot of less than 25 feet in width is combined with another lot, resulting in no net
loss of housing units on the site(s); or (iv) where the number of resultant lots
increases or stays the same and results in no net loss of housing units.
(e) Contextual Front Setbacks.
The minimum front yard ("setback") shall be the greater of twenty feet (20') or the
average setback, if the average front setback is 30 feet or more. "Average setback"
means the average distance between the front property line and the first main
structural element, including covered porches, on sites on the same side of the
block, including existing structures on the subject parcel. This calculation shall
exclude flag lots and existing multifamily developments of three units or more. For
calculation purposes, if five (5) or more properties on the block are counted, the
single greatest and the single least setbacks shall be excluded. The street side yard
setback of corner lots that have the front side of their parcel (the narrowest street
facing lot line) facing another street shall be excluded from the calculations. For
blocks longer than 600 feet, the average setback shall be based on the ten sites
located on the same side of the street and nearest to the subject property, plus the
subject site, but for a distance no greater than 600 feet. Blocks with three (3) or
fewer parcels are not subject to contextual setbacks. Structures on the site in no
case may be located closer than twenty feet (20') from the front property line.
(f) Contextual Garage Placement
If the predominant neighborhood pattern is of garages or carports located within the
rear half of the si te, or with no garage or carport present, attached garages shall be
located in the rear half of the house footprint. Otherwise, an attached garage may
be located in the front half of the house footprint. "Predominant neighborhood
pattern" means the existing garage placement pattern for more than half of the
houses on the same side of the block, including the subject site. . This calculation
shall exclude flag lots, corner lots and existing multifamily developments of three
or more units. For blocks longer than 600 feet, the calculations shall be based on
the 10 homes located nearest to and on the same side of the block as the subject
property, plus the subject site, but for a distance no greater than 600 feet.
Detached garages shall be located in-the rear half of the site and, if within a rear or
side setback, at least 75 feet from the front property line. Detached garages on lots
of less than 95 feet in depth, however, may be placed in a required interior side or
rear yard if located in the rear half of the lot. Access shall be provided from a rear
alley if the existing development pattern provides for alley access. For the
calculation of corner lots, the "predominant pattern" shall be established for the
street where the new garage fronts.
8
18.12.040 Site Jevelopment Standards
(g) Garage Doors
For garages located within 50 feet from a street frontage, on lots less than 75 feet in
width, the total combined width of garage doors that are parallel to the street shall
not exceed 20 feet.
(h) Minimum Permeable Surface in Front Yard
A minimum of 60% of the required front yard shall have a permeable surface that
permits water absorption directly into the soil. Provided, all sites may have an
impervious 16' x 20' driveway and an impervious 4' x 20' walkway within the
front yard setback.
(i) Special Setbacks.
Where applicable, setback lines imposed by a special setback map pursuant to
Chapter 20.08 of this code shall be followed for the purpose of determining legal
setback requirements.
(j) Certification of Daylight Plane Compliance
Upon request by the building official, any person building or making improvements
to a structure shall provide a certification that the structure, as built, complies with
the daylight plane provisions in subsection (a). Such certification shall be prepared
by a licensed engineer, architect, or surveyor, and shall be provided prior to frame
inspection.
(k) Lighting
Recreational and security lighting shall be permitted only so long as the lighting is
shielded so that the direct light does not extend beyond the property where it is
located. Free-standing recreational and security lighting installed on or later than
March 11, 1991 shall be restricted to twelve feet (12') in height. Direct light from
outdoor fixtures shall only fall on the walls, eaves, and yard areas of the site on
which it is located. Outdoor fixtures shall have lens covers or reflectors that direct
the light away from the neighboring properties.
(I) Location of Noise Producing Equipment
All noise-producing equipment, such as air conditioners, pool equipment,
generators, commercial kitchen fans, and similar service equipment, shall be
located outside of the front, rear and side yard setbacks. Such equipment may,
however, be located up to 6 feet into a street sideyard setback. All such equipment
shall be insulated and housed, except that the Planning Director may permit
installation without housing and insulation, provided the equipment is located
within the building envelope and where a combination of technical noise
specifications, location of equipment, and/or other screening or buffering will
assure compliance with the City's Noise Ordinance at the nearest property line.
Any replacement of such equipment shall conform to this section where feasible.
9
18.12.050 Permitted Encroachments, Projections and Exceptions
All service equipment must meet the City Noise Ordinance in Chapter 9.10 of the
Municipal Code.
18.12.050 Permitted Encroachments, Projections and
Exceptions
The following projections and encroachments into required yards, daylight plane and
height are permitted, provided a projection shall not be permitted to encroach into a
special setback, as established by the setback map pursuant to Chapter 20.08 of the Palo
Alto Municipal Code, except as noted in (a)(I)(D) below.
(a) SetbackIY ard Encroachments and Projections
(1) Horizontal Additions
Where a single-family dwelling legally constructed according to existing yard and
setback regulations at the time of construction encroaches upon present required
yards, one encroaching side (first floor wall) of the existing structure, at a height
not to exceed 12 feet, may be extended in accord with this section. Only one such
extension shall be permitted for the life of such building. This subsection shall not
be construed to allow the further extension of an encroachment by any building that
is the result of the granting of a variance, either before or after such property
became part of the city.
(A) Front Yard. In cases where the existing setback is less than 20 feet, but at
least 14 feet, the existing encroachment may be extended for a distance of
not more than 100% of the length of the encroaching wall to be extended;
provided, that the total length of the existing encroaching wall and the
additional wall shall together not exceed one-half the maximum existing
width of such building.
(B) Interior Side Yard. In cases where the existing setback is less than 8 feet,
but at least 5 feet, the existing encroachment may be extended for a
distance of not more than 100% of the length of the encroaching wall to be
extended but not to exceed 20 additional feet.
(C) Street Side Yard. In cases where the existing setback is less than 16 feet,
but at least 10 feet, the existing encroachment may be extended for a
distance of not more than 100% of the length of the encroaching wall to be
extended, but not to exceed 20 feet.
(D) Special Setbacks. In cases where a Special Setback is prescribed pursuant
to Chapter 20.08 of the Municipal Code, and the existing setback is less
than the Special Setback distance, and at least 14 feet for the front setback
or at least 10 feet for the street side yard setback, the existing
encroachment may be extended for a distance of not more than 100% of
the length of the encroaching wall to be extended, provided that the total
length of the existing encroaching wall and the additional wall shall
10
18.12.050 Permitted Encroachments, PruJections and Exceptions
together not exceed one-half the maximum existing width of such
building.
(2) Rear Yard Encroachments for Portions of Homes
A portion of a main building that is less than half the maximum width of the
building may extend into the required rear yard no more than six feet and
with a height of no more than one story, except that for a comer lot having a
common rear property line with an adjoining comer lot, the building may
extend into the required rear yard not more than ten feet with a height of no
more than one story.
(3) Allowed Projections
(A) Cornices, Eaves, Fireplaces, and Similar Architectural Features
For cornices, eaves, fireplaces, and similar architectural features, excluding
flat or continuous walls or enclosures of usable interior space, the following
projections are permitted:
(i) A maximum of two feet into a required side yard. Fireplaces in a
required side yard may not exceed five feet in width. Fireplaces not
exceeding five feet in width may project into a required side yard
no more than two feet.
(ii) A maximum of four feet into a required front yard
(iii) A maximum of four feet into a required rear yard
(B) Window Surfaces
(i) Window surfaces, such as bay windows or greenhouse windows,
may extend into a required rear yard a distance not to exceed two
feet, or into a required front yard a distance not to exceed three
feet.
(ii) Window surfaces may not extend into required side yards, with the
exception that one greenhouse window with a maximum width of
six feet, framed into a wall, may project into the side yard no more
than two feet. The window surface may not extend into any yard
above a first story.
(C) Detached Storage Structures
Detached storage structures not over six feet in height or twenty-five square
feet in floor area may be located in interior side yards and rear yards
according to the provisions of Section 18.12.080 (b) for accessory structures.
Where the provisions of Section 18. 12.080(b) for front and/or street side yard
setbacks are not met, the following projections are permitted for such
structures:
(i) A maximum of two feet into a required side yard
(ii) A maximum of four feet into a required front yard
11
I
18.12.050 Permitted Encroachments, Prujections and Exceptions
(iii) A maximum of four feet into a required rear yard
(D) Patios, Decks, Stairways, Landings, Balconies, or Fire Escapes
For uncovered porches (less than 30 inches above grade), patios, decks,
stairways, landings, balconies, or fire escapes the following projections are
permitted, provided these projections are not permitted above the first story:
(i) A maximum of three feet into a required side yard
(ii) A maximum of six feet into a required front yard
(iii) A maximum of six feet into a required rear yard
(E) Canopy or Patio Cover
A canopy or patio cover may be located in the required rear yard or that
portion of the interior side yard, which is more than 75 feet from the street lot
line measured along the common lot line. Stich canopies shall be subject to the
following conditions:
(i) A canopy or patio cover shall not be more than 12 feet in height.
(ii) The canopy or patio cover shall be included in the computation of
building coverage.
(iii) The canopy or patio cover and other structures shall not occupy
more than fifty percent of the required rear yard.
(iv) The canopy or patio cover shall not be enclosed on more than two
sides.
(F) Pools, Spas, and Hot Tubs
(i) Pools, spas, and hot tubs may extend into a required rear yard a
distance not to exceed fourteen feet, provided that a minimum
setback of six feet from the property line shall be maintained.
(ii) No swimming pool, hot tub, spa, or similar accessory facility shall
be located in any portion of a required front or street side yard.
(b) Height and Daylight Plane Exceptions
(1) Height Exceptions
Flues, chimneys, and antennas may exceed the established height limit by not more
than 15 feet.
(2) Daylight Plane Exceptions
The following features may extend beyond the daylight plane established by the
applicable district, provided that such features do not exceed the height limit for the
district unless permitted to do so by subsection (b)(I) above:
(A) Television and radio antennas;
12
18.12.060 Parking
(B) Chimneys and flues that do not exceed 5 feet in width, provided that
chimneys do not extend past the required daylight plane a distance
exceeding the minimum allowed pursuant to Chapter 16.04 of this code.
(C) Dormers, roof decks, gables, or similar architectural features, provided
that:
(i) the sum of the horizontal lengths of all such features shall not exceed
15 feet on each side; and
(ii) the height of such features does not exceed 24 feet;
(iii) no single feature exceeds 7.5 feet in length; and
(iv) there is a minimum 5 foot separation between each feature.
(D) Cornices, eaves, and similar architectural features, excluding flat or
continuous walls or enclosures of usable interior space, provided such
features do not extend past the daylight plane more than 2 feet.
18.12.060 Parking
Off-street parking and loading facilities shall be required for all permitted and conditional
uses in accord with Code Chapter 18.83 of this title. The following parking requirements
apply in the R-l district. These requirements are included for reference purposes only,
and in the event of a conflict between this Section 18.12.060 and any requirement of
Chapter 18.83, Chapter 18.83 shall apply:
(a) Parking Requirements for Specific Uses
Table 4 shows the minimum off-street automobile parking requirements for
specific uses within the R-l district.
Table 4: Parkin Re uirements for S ecific R-l Uses
Minimum OtT·Street
Parking Requirement
Single~family residential use (excluding second 2 spaces per unit, of which one must be covered.
dwelling units)
Second dwelling unit, attached or detached+
:> 4 50 sf if! si:;r;e
<450 sf in size
Other Uses
(b) Parking and Driveway Surfaces
2 spaces per unit, of which one must be covered
1 space per 1:lflit, '",hich may be covered or Hnco¥ered
See Chapter 18.83
13
18.12.070 Second Units
Parking and driveway surfaces may have either permeable or impermeable paving.
Materials shall be those acceptable to Public Works Department standards. Gravel
and similar loose materials shall not be used for driveway or parking surfaces
within 10 feet of the public right of way.
(c) Parking in Yards
(1) No required parking space shall be located in a required front yard, except as
provided for second dwelling units in Section 18.12.070.
(2) No required parking space shall be located in the first ten feet adjoining the
property line of a required street side yard, except as provided for second
dwelling units in Section 18.12.070.
(d) Tandem Parking
Tandem parking shall be permitted for single-family uses and for single-family
uses with a permitted second dwelling unit.
(e) Underground Parking
Underground parking is prohibited for single-family uses, except pursuant to a
variance granted in accordance with the provisions of Section 18.90, in which case
the area of the underground garage shall be counted in determining the floor area
ratio for the site.
(0 Design of Parking Areas
Parking facilities shall comply with all applicable regulations of Chapter 18.83
(Parking Facility Design Standards).
18.12.070 Second Dwelling Units
The following regulations apply to second dwelling units in the R-l district and all R-l
subdistricts.
(a) Purpose
The intent of this section is to provide regulations to accommodate second dwelling
units, in order to provide for variety to the City's housing stock and additional
affordable housing opportunities. Second dwelling units shall be separate self-
contained living units, with separate entrances from the main residence, whether
attached or detached. The standards below are provided to minimize the impacts of
second dwelling units on nearby residents and throughout the city, and to assure
that the size, location and design of such dwellings is compatible with the existing
residence on the site and with other structures in the area.
(b) Minimum Lot Sizes
(1) In the R-l district and all R-l subdistricts, the minimum lot size for a second
dwelling unit that is in excess of 450 square feet shall be 35% greater than the
14
18.12.070 Second Dwelling Units
minimum lot size otherwise established for the district. Provided, for flag
lots, the minimum lot size shall be 35% greater than the minimum lot size
established by Section 21.20.301 of the Subdivision Ordinance. +He
minimum lot size for a second dwelling unit that is 450 square feet or less
shall be 7,000 square feet or, for a flag lot, the minimum lot size shall be
8,400 square feet.
(2) Table SA and 5B show~ the minimum lot size required for a second dwelling
unit, provided, in the event of a conflict between subsection (1) and this
subsection (2), subsection (1) shall control:
(I)
tH_
Table SA: Minimum Lot Sizes for Second Dwelling Units
in Exeess of 4S0 Square Feet
District \. Minimum Lot Size Minimum Lot Size
(aU lots except flag lots) (flag lots)(l)
R-l 8,100 square feet ("sf') 9,720 sf
R-l (7,000) 9,450 sf 11,340 sf
R-l (8,000) 10,800 sf 12,960 sf
R-l (10,000) 13,500 sf 16,200 sf
R-1 (20,000) 27,000 sf 32,400 sf
Exclusive of any portion of the lot used for access to the street
=Table SD: 1\4inimum Lot Sizes for Seeond Dwelling Units
of 4S0 Square Feet or Less
Minimum Lot Silile Minimum Lot Silile Distriet -I nil 1""4-,,, '-'I. I ,\ Inn .. 1""4-,,,\fl)
~-.--~.~ -•• --... ~ ---e .~~~ \.&--e .~~;
&4 7,OQQ square feet E"sf!'j 8,4QQ sf
R lO,QQQj 7,QQQ sf 8,4QQ sf
R 1 E8,QQQj 7,QQQ sf 8,40Q sf
R 100,QQO) 7,QOQ sf 8,400sf
R 1 E;!O,QQQj 7,QQQ sf 8,4QQ sf
H*elusi,,'e Of aOJ< pOftioo Of the lot Hsee ¥Of assess to the street
(c) Development Standards for Attached Second Dwelling Units
Attached second dwelling units are those attached to the main dwelling. Attached
unit size counts toward the calculation of maximum house size. All attached
second dwelling units shall be subject to the following development requirements:
(1) The minimum site area shall meet the requirements specified in subsection (b)
above.
(2) Maximum size of living area: 900-450 square feet. The second dwelling unit
and covered parking shall be included in the total floor area for the site. Any
basement space used as a second dwelling unit or portion thereof shall be
15
18.12.070 Second Dwelling Units
counted as floor area for the purpose of calculating the maximum size of the
second unit.
(3) Maximum size of covered parking area for the second dwelling unit: 200
square feet.
(4) Any second story attached second d\velling unit is subject to the provisions
and criteria of Single Family Individual Ravia'"", pursuant to Section
18.12.110 of the CodeMaximum height: one story and 17 feet.
(5) Except on comer lots, the second dwelling unit may not have an entranceway
facing the same lot line (property line) as the entranceway to the main
dwelling unit, and exterior staircases to second floor units shall be located
toward the interior side or rear yard of the property.
(d) Development Standards for Detached Second Dwelling Units
Detached second dwelling units are those detached from the main dwelling. All
detached second dwelling units shall be subject to the following development
requirements:
(1) The minimum site area shall meet the requirements specified in subsection
(b) above.
(2) Minimum separation from the main dwelling: 12 feet.
(3) Maximum size of living area: 900 square feet. The second dwelling unit
and covered parking shall be included in the total floor area for the site. Any
basement space used as a second dwelling unit or portion thereof shall be
counted as floor area for the purpose of calculating the maximum size of the
second unit.
(4) Maximum size of covered parking area for the second dwelling unit: 200
square feet.
(5) Maximum height: one story and 17 feet. The planning director may allm" a
detached second dV/elling unit to exceed the story and height restrictions
above, not to exceed the general site development restrictions of this
chapter, where the first story of a two story structure is a garage or similar
use, subject to the Single Family Individual Re'lie'N criteria and process
established in Section 18.12.110 of the Code.
(6) The detached second dwelling shall be architecturally compatible with the
main residence, with respect to style, roof pitch, color and materials.
(e) Street Access
The second dwelling unit shall have street access from a driveway in common with
the main residence in order to prevent new curb cuts, excessive paving, and
elimination of street trees. Separate driveway access may be permitted by the
Zoning Administrator upon a determination that separate access will result in fewer
environmental impacts such as excessive paving, unnecessary grading or
16
18.12.080 Accessory Uses and Facilities
unnecessary tree removal, and that such separate access will not create the
appearance, from the street, of a lot division or two-family use.
(0 Parking
The following parking criteria apply to both detached and attached second dwelling
units:
(1) Two parking spaces shall be provided for the second dwelling unit, with at
least one of the spaces being covered; provided, hov/e'/er, that if the floor
area of the second d'.velling unit is 450 square feet or less, only a single
parking space is required, and it may be covered or uncovered.
(2) Such parking shall be located out of required front setbacks and not closer
than 10 feet from the street in a street side setback, except that one
unco'iered parking space may be provided within such setbacks, upon
determination by the Planning Director that adequate alternative locations
are not available and that the space is readily accessible and will not cause
. any unnecessary grading or tree removal. NeVI parking areas created in
the front or street side setbacks, if allo't'/ed, shall be of permeable
matetials, if required by the Planning Director.
(g) Seeand Dwelling Unit Limits for Lots Less than 13S % of Minimum Lot Size
Approval of second dwellings located on lots that are less than 135% of the
minimum lot size for the R 1 district or for the relevant R 1 subdistrict, but at least
7,000 square feet shall be limited as follows:
(I)No more than seventy five (75) permit applications (15 applications annually)
for second dwelling units on such lots shall be approved by the Planning
Director for the five year period ending June 30, 2010.
(2)The Planning Director shall report to the Planning and Transportation
Commission and City Council annually on the status of second d'...,eHing
unit applications and approvals.
mO) No pending permit applications for second d'.velling units on such lots
shall be approved on or after July 1, 2010, and no new permit applications
for second dwelling units on such lots shall be accepted by the Planning
Director on or after July 1,2010, unless this section of this Chapter is
amended by the Council to provide for further approvals.
18.12.080 Accessory Uses and Facilities
Accessory uses and facilities, as allowed in Section 18.12.030, shall be permitted when
incidental to and associated with a permitted use or facility in the R-l district or R-l
subdistricts, or when incidental to and associated with an allowable and authorized
conditional use therein, subject to the provisions below.
17
(a) 'lypes of Accessory Uses
(a) Types of Accessory Uses
Accessory uses and facilities include, but are not limited to, the following list of
examples; provided that each accessory use or facility sha11 comply with the
provisions of this title:
(1) Residential garages, carports, and parking facilities, together with access and
circulation elements necessary thereto;
(2) Facilities for storage incidental to a permitted use; and
(3) Recreational uses and facilities for the use and convenience of occupants or
employees, or guests thereof, of a principal use or facility.
(b) Location and Development Standards
Except as otherwise provided in this section, accessory buildings shall at all times
be located in conformance with requirements for principal buildings, and shaH not
be located in any required front, side, or rear yard. See Section 18.12.050 (a)(3)(C)
for aHowed encroachments for small storage structures. Accessory buildings may
be located in a required interior yard subject to the following limitations:
(1) An accessory building shall not be used for living and/or sleeping purposes
unless the building was legally constructed for or was legally converted to
living and/or sleeping purposes prior to October 13, 1983.
(2) An accessory building shall not be located in a required front yard, required
street yard, or required rear yard of a through lot.
(3) An accessory building shaH not be located in a required interior side or rear
yard unless the building is placed at least seventy-five feet from the front lot
line and for comer lots at least twenty feet from the streetside lot line. . .
Additionally, on lots of less than 95 feet in depth, detached garages and
carports may be located in a required interior side or rear yard if placed in the
rear half of the lot.
(4) Accessory buildings located within a required interior yard as permitted by
this section shall be subject to a maximum height established by a daylight
plane beginning at a height of eight feet at the property line and increasing at a
slope of one foot for every three feet of distance from the property line, to a
maximum height of twelve feet.
(5) No such accessory building greater than 200 square feet in size shall have
more than two plumbing fixtures.
(6) Accessory buildings located within a required interior yard, as permitted by
this section, shall not individually or cumulatively occupy an area exceeding
fifty percent of the required rear yard.
(7) The minimum distance between separate buildings located on the same site
shall be as required by Title 16; provided, accessory buildings in the Single-
18
18.12.090 Basements
family Residential (R-1) district shall be separated from the principal building
by at least three feet.
(8) A principal building and an accessory building, meeting the requirements of
Title 16 and each located on a site as otherwise permitted for the principal
building and accessory buildings, may be connected by a structure meeting the
definition of a breezeway. Such structure, or breezeway, shall be a part of the
accessory building.
18.12.090 Basements
Basements shall be permitted in areas that are not designated as special flood hazard
areas as defined in Chapter 16.52, and are subject to the following regulations:
(a) Permitted Basement Area
Basements may not extend beyond the building footprint and basements are not
allowed below any portion of a structure that extends into required setbacks, except
to the extent that the main residence is permitted to extend into the rear yard
setback by other provisions of this code.
(b) Inclusion as Gross Floor Area
Basements shall not be included in the calculation of gross floor area, provided
that:
(1) basement area is not deemed to be habitable space, such as crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the
first floor is no more than three feet above the grade around the perimeter of the
building foundation.
Basement space used as a second dwelling unit or portion thereof shall be counted
as floor area for the purpose of calculating the maximum size of the unit (but may
be excluded from calculations of floor area for the total site). This provision is
intended to assure that second units are subordinate in size to the main dwelling and
to preclude the development of duplex zoning on the site.
(c) Lightwells, Stairwells, Below Grade Patios, and other Excavated Features
(1) Lightwells, stairwells, and similar excavated features along the perimeter of
the basement shall not affect the measurement of grade for the purposes of
determining gross floor area, provided that the following criteria are met:
(A) such features are not located in the front of the building;
(B) such features shall not exceed 3 feet in width;
(C) the cumulative length of all such features does not exceed 30% of the
perimeter of the basement;
(D) such features do not extend more than 3 feet into a required side yard
nor more than 4 feet into a required rear yard, but where a side yard is
19
18.12.090 Basements
less than 6 feet in width, the features shall not encroach closer than 3
feet from the adjacent side property line;
(E) the cumulative length of any features or portions of features that extend
into a required side or rear yard does not exceed 15 feet in length;
(F) the owner provides satisfactory evidence to the planning division prior
to issuance of a building permit that any features or portions of features
that extend into a required side or rear yard will not be harmful to any
mature trees on the subject property or on abutting properties; and
(G) such features have either a drainage system that meets the requirements
of the public works department or are substantially sheltered from the
rain by a roof overhang or canopy of a permanent nature.
(2) Below-grade patios, sunken gardens, or similar excavated areas along the
perimeter of the basement that exceed the dimensions set forth in subsection
(1), are permitted and shall not affect the measurement of grade for the
purposes of determining gross floor area, provided that:
(A) such areas are not located in the front of the building;
(B) All such areas combined do not exceed 2% of the area of the lot or 200
square feet, whichever is greater; that each such area does not exceed
200 square feet; and that each such area is separated from another by a
distance of at least 10 feet. Area devoted to required stairway access
shall not be included in the 200 square foot limitation.
(C) such features do not extend more than 2 feet into a required side yard
nor more than 4 feet into a required rear yard;
(D) the cumulative length of any excavated area or portion thereof that
extends into a required side or rear yard does not exceed 15 feet;
(E) the owner provides satisfactory evidence to the planning director prior
to issuance ofa building permit that any features or portions of features
that extend into a required side or rear yard will not be harmful to any
mature trees on the subject property or on abutting properties;
(F) such features have either a drainage system that meets the requirements
of the public works department or are substantially sheltered from the
rain by a roof overhang or canopy of a permanent nature;
(G) any roof overhang or canopy installed pursuant to subsection (F) is
within and is counted toward the site coverage requirements established
in Section 18.12.040;
(H) such areas are architecturally compatible with the residence; and
(I) such areas are screened to off site views by means of landscaping
and/or fencing as determined appropriate by the planning director.
20
18.12.100 Regulations for the Single Story Overlay (S) Combining District
18.12.100 Regulations for the Single Story Overlay (S)
Combining District
(a) Applicability of District
The single-story height combining district may be combined with the R-1 single-
family residence district or with any R-1 subdistrict. Where so combined, the
regulations established by this Section shall apply in lieu of the comparable
provisions established by Section 18.12.040. All applicable provisions of that
section shall otherwise govern development in the combining district.
(b) Site Development Regulations
For sites within the single-story height combining district, the following site
development regulations shall apply in lieu of the otherwise applicable site
development regulations of Section 18.12.040:
(1) The maximum height shall be 17 feet, as measured to the peak of the roof;
provided, in a special flood hazard area as defined in Chapter 16.52, the
maximum height is increased by one-half of the increase in elevation required
to reach base flood elevation, up to a maximum building height of 20 feet.
(2) There shall be a limit of one habitable floor. Habitable floors include lofts,
mezzanines and similar areas but exclude basements and exclude attics that
have no stairway or built-in access. Lofts and mezzanines include any space
above the first floor in excess of five feet (5') from the floor to the roof
above.
(c) Application for a Single Story (S) Combining District
(1) Application to create or remove a single-story overlay district may be made
by an owner of record of property located in the single-story overlay district
to be created or removed.
(2) Application shall be made to the zoning administrator on a form prescribed
by the zoning administrator, and shall contain all of the following:
(A) A written statement setting forth the reasons for the application and all
facts relied upon by the applicant in support thereof.
(B) A map 'of the district to be created or removed that includes the address
location of those owners whose properties are subject to the zoning
request. Boundaries shall correspond with certain natural or man-made
features (including, but not limited to roadways, waterways, tract
boundaries and similar features) to define an identifiable neighborhood
or development. For creation of a single-story overlay district, the area
shall be of a prevailing single story character, such that a minimum of
80% of existing homes within the boundaries are single story.
(C) For creating a single-story overlay district, a list of signatures evidencing
support by: (i) 70% of included properties; or (ii) 60% of included
properties where all included properties are subject to recorded deed
21
;
18.12.110 Single family Individual Review
restrictions intended to limit building height to a single story, whether or
not such restrictions have been enforced. For the removal of a single-
story overlay district, a list of signatures evidencing support by 70% of
inclqded properties, whether or not deed restrictions intended to limit the
building height to single story apply. "Included properties" means all
those properties inside the boundaries of the district proposed to be
created or removed. The written statement or statements accompanying
the signatures must state that the signer is indicating support for a zone
map amendment that affects his or her property. One signature is
permitted for each included property, and'a signature evidencing support
of an included property must be by an owner of record of that property.
(D) A fee, as prescribed by the municipal fee schedule, no part of which
shall be returnable to the applicant; and
(E) Such additional information as the zoning administrator may deem
pertinent and essential to the application.
(3) An application for creation or removal of a single-story (S) overlay district
made in accordance with this subsection (c) shall be processed in accordance
with Chapter 18.98.
18.12.110 Single Family Individual Review
(a) Purpose
The goals and purposes of this chapter are to:
(1) Preserve the unique character of Palo Alto neighborhoods;
(2) Promote new construction that is compatible with existing residential
neighborhoods;
(3) Encourage respect for the surrounding context in which residential
construction and alteration takes place;
(4) Foster consideration of neighbors' concerns with respect to privacy, scale and
massing, and streetscape; and
(5) Enable the emergence of new neighborhood design patterns that reflect
awareness of each property's effect upon neighboring properties.
This program is intended only to mitigate the effects of second story construction
on neighboring homes, and should not be construed to prohibit second story
construction when this Title would otherwise permit it.
(b) Applicability
The provisions of this section 18.12.110 apply to the construction of a new singly
developed two-story structure; the construction of a new second story; or the
expansion of an existing second story by more than 150 square feet in the R-l
single family residential district. All second-story additions on a site after
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I
18.12.110 Single Family Individual Review
November 19,2001 shall be included in calculating whether an addition is over 150
square feet.
(c) Individual Review Guidelines
The director of planning and community environment shall issue guidelines to
direct staff and project applicants in implementing the goals and purposes and other
provisions of this chapter. Guidelines establishing substantive review standards for
second story development shall be presented to the planning and transportation
commission for their comment prior to adoption or amendment by the director.
(d) Findings
Neither the director, nor the city council on appeal, shall grant an Individual
Review approval, unless it is found that the application is consistent with the
Individual Review guidelines.
(e) Conditions
In granting individual review approvals, reasonable conditions or restrictions may
be imposed if appropriate or necessary to protect the public health, safety, general
welfare, or convenience, and to secure the purposes of this title (Zoning).
(0 Application Review and Action
Applications for Individual Review approval shall be reviewed and acted upon as
set forth in 18.77.075.
(g) Preliminary meeting with planning staff.
Project applicants are strongly encouraged, before applying for individual review of
a project, to meet with planning staff to discuss designing a project that promotes
the goals of this chapter and the individual review guidelines, and to discuss the
proposed plans with their neighbors.
(h) Changes to approved projects.
The Director may approve changes to a previously approved Individual Review
project without following the procedure set forth in 18.77.075 if those changes do
not affect compliance with the Individual Review guidelines. Examples of such
changes include:
(1) Reductions in window or door size, or reductions in the number of windows.
(2) Changes to aspects of the project not reviewed under Individual Review, such
as materials or non-street-facing first story windows.
(3) Changes that do not affect privacy/streetscape.
(4) Increases in setbacks
(5) Reductions in second floor mass that do not affect privacy or streetscape.
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18.12.120 Home lJllprovement Exceptions
18.12.120 Home Improvement Exceptions
(a) Purpose
A home improvement exception enables a home improvement or minor addition to
an existing single-family or two-family home, or accessory structure, or both, to be
consistent with the existing architectural style of the house or neighborhood, to
accommodate a significant or protected tree, or to protect the integrity of a historic
structure in conformance with the Secretary of the Interior's Standards for
Rehabilitation. By enabling adaptive reuse of existing buildings, the home
improvement exception promotes retention of existing houses within the City.
(b) Applicability
A home improvement exception may be granted as part of a proposed improvement
or addition to an existing single-family or two-family structure, or accessory
structure, or both, in the RE, R-l, RMD, or R-2 district, as limited in subsection (c).
A home improvement exception may be granted as described in subsections (1)
through (14) of subsection (c), but may not exceed the limits set forth in those
subsections. In order to qualify for a home improvement exception, the project
must retain at least 75% of the existing exterior walls.
(c) Limits of the Home Improvement Exception
A home improvement exception may be granted only for one or more of the
following, not to exceed the specified limits:
(1) To allow up to 100 square feet of floor area more than the maximum square
footage allowed on the site by the applicable zoning district regulations
except when an exception is granted under subsection (c)(IO) for residences
designated as historic structures;
(2) To allow the primary building to encroach up to 4 feet into a required front
yard setback;
(3) To allow the primary building to encroach up to 3 feet into a required rear
yard setback;
(4) To allow the primary building to encroach up to 2 feet into a required interior
side yard setback;
(5) To allow the primary building to encroach up to 6 feet into a required street
side yard setback (no closer than 10 feet to the property line);
(6) To allow a basement to encroach, along with above grade floor area, as set
forth in items 2, 3, 4, or 5.
(7) To allow an encroaching dormer, roof deck, gable, or similar architectural
feature to exceed 24 feet in height by up to three feet.
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i
18.12.120 Home llJ1provement Exceptions
(8) To allow a single dormer, roof deck, gable, or similar architectural feature
that encroaches into the rear daylight plane to exceed 7.5 feet in length. In no
event shall the maximum length exceed 15 feet.
(9) To permit a site with an existing two-story structure to exceed lot coverage
requirements in order to locate remaining available FAR for the site on the
first floor
(10) For any residence designated on the City's Historic Inventory as a Category 1
or Category 2 historic structure as defined in Section 16.49.020 of the
Municipal Code or any contributing structure within a locally designated
historic district, to allow up to 250 square feet of floor area in excess of that
allowed on the site, provided that any requested addition or exterior
modifications associated with the HIE shall be in substantial conformance
with the Secretary of the Interior's Standards for Rehabilitation. The
property owner who is granted a home improvement exception under this
subsection (10) shall be required to sign and record a covenant against the
property, acceptable to the City Attorney, which requires that the property be
maintained in accordance with the Secretary of the Interior's Standards for
Historic Rehabilitation.
(11) To allow a legal non-conforming building wall that is between 3.5 and 5 feet
from the side lot line to be extended up to one-quarter of the length of the
existing wall or ten feet, whichever is shorter.
(12) To allow a horizontal extension (pursuant to 18.12.050(a) (Setback/Yard
Encroachments and Projections» of a portion of an existing legal non-
conforming building wall that is more than twelve feet above grade. Such
horizontal extensions must remain within the height and daylight plane limits
for the district unless an HIE or variance for a height or daylight plane
encroachment is granted.
(13) To allow an increase in the height of an existing legally non-conforming
building wall that encroaches into a setback. Such vertical extensions must
remain within the height and daylight plane limits for the district unless an
HIE or variance for a height or daylight plane encroachment is granted.
(14) To allow, for single-story accessory structures within rear and/or side
setbacks, one or more of the following:
(A) On a comer lot, a detached accessory structure may be as close as ten
feet from the street side property line. For detached garages and
carports, the exception may be granted as long as a minimum
dimension of 18 feet remains between the back of sidewalk and face of
the garage or carport supports.
(B) Four feet additional height above the twelve foot maximum height, as
long as the side daylight plane is met.
(C) A rear daylight plane encroachment of up to three feet.
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18.12.130 ) Architectural Review
(15) To allow similar minor exceptions, when determined by the director to be
similar in magnitude and scope to those listed in subsections (1) through (14)
above. Provided, under no circumstances may such exceptions exceed the
limits established in subsections (1) through (14) above.
(d) Findings
Neither the director, nor the city council on appeal, shall grant a home
improvement exception unless it is found that:
(1) The granting of the application is desirable for the preservation of an existing
architectural style, neighborhood character, protected tree as defined in
Chapter 8.10, or other significant tree, or of a residence that is designated on
the City's Historic Inventory as a Category 1 or Category 2 historic structure
as defined in Section 16.49.020 of the Municipal Code, or any contributing
structure within a locally designated historic district, which would not
otherwise be accomplished through the strict application of the regulations;
and
(2) The granting of the application will not be detrimental or injurious to
property or improvements in the vicinity and will not be detrimental to the
public health, safety, general welfare, or convenience; and
(3) The exception is being granted based on characteristics of the property and
improvements on the property, rather than the personal circumstances of the
applicant, and is the minimum exception necessary for the project to fulfill
the purposes of subsection (a).
(e) Conditions
In granting home improvement exceptions, reasonable conditions or restrictions
may be imposed if appropriate or necessary to protect the public health, safety,
general welfare, or convenience, and to secure the purposes of this title (Zoning).
(f) Application Review and aAction
Applications for home improvement exceptions shall be reviewed and acted upon
as set forth in 18.77.075.
18.12.130 Architectural Review
Architectural Review, as required in Chapter 18.76 and 18.77 of the Zoning Ordinance, is
required in the R-1 district and R-1 subdistricts whenever three or more adjacent single-
family residences or duplexes are intended to be developed concurrently, whether
through subdivision or individual applications. In addition to the existing ARB findings
contained in Section 18.76 & 18.77, the Single Family Individual Review Guidelines
shall be used by the ARB in its review of such applications.
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I
18.12.140 HistoricaJ·Review and Incentives
18.12.140 Historical Review and Incentives
Historic home review, as required in Chapter 16.49 of Title 16 of the Municipal Code, is
required in the R-1 district and R-1 subdistricts for alterations or modifications to any
residence designated on the City's Historic Inventory as a Category 1 or Category 2
historic structure as defined in Section 16.49.020 of the Municipal Code or any
contributing structure located within a locally designated historic district. The Category
1 or Category 2 designation process for becoming a historic structure is contained in
Chapter 16.49 of Title 16 of the Municipal Code.
Exemptions to gross floor area requirements are available for historic homes pursuant to
the definition of Gross Floor Area in Section 18.04.65(C2). Home Improvement
Exceptions provide for additional square footage and certain other exceptions for historic
homes pursuant to Section 18.12.120 (R-1 Chapter).
18.12.150 Grandfathered Uses
(a) Applicability
The uses specified in subsection (b) may remain as grandfathered uses provided
that those uses:
(1) are located in the specified district;
(2) existed on the specified date;
(3) on that date, were lawful permitted uses or conditional uses operating subject
to a conditional use permit; and
(4) on that date, were conforming uses.
(b) Grandfathered Uses
(1) Professional and medical office uses (except product testing and analysis, and
prototype development), existing on July 20, 1978 or such uses which were,
prior to July 20, 1978, located in an R-1 district which was imposed by
reason of annexation of the property to the city without benefit of prezoning
and which, prior to the date of annexation, were lawful conforming permitted
uses or conditional uses operating subject to a conditional use permit.
(2) Two-family uses, except where one of the units is a legal nonconforming
detached single-family dwelling on a substandard lot size, and multiple-
family uses existing on July 20, 1978 or such uses which were, prior to July
20, 1978, located in an R-1 district which was imposed by reason of
annexation of the property to the city without benefit of prezoning and which,
prior to the date of annexation, were lawful conforming permitted uses or
conditional uses operating subject to a conditional use permit.
(c) Permitted Changes
The following regulations shall apply to the grandfathered uses specified in
subsection (b):
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18.12.150 Grandfathered Uses
(1) Such uses shall be permitted to remodel, improve, or replace site
improvements on the same site, for continual use and occupancy by the same
use, provided that
(A) such remodeling, improvement or replacement shall not:
(i) result in increased floor area;
(ii) result in an increase in the number of offices, in the case of
professional or medical office uses, or dwellings, in the case of
residential uses;
(iii) result in shifting of building footprint;
(iv) increase the height, length, building envelope, or size of the
improvement,
(v) increase the existing degree of noncompliance, except through
the granting of a design enhancement exception pursuant to
Section 18.91.
(2) If a grandfathered use ceases and thereafter remains discontinued for twelve
consecutive months, it shall be considered abandoned and may be replaced
only by a conforming use.
(3) a grandfathered use that 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.
(4) The following additional regulations shall apply to grandfathered professional
or medical office uses:
(A) Any remodeling, improvement, or replacement of any building
designed and constructed for residential use shall be subject to
the issuance of a conditional use permit in accord with Section
18.90.
(B) In the event of redevelopment of all or a portion of the site for
permitted residential uses, professional and medical office uses
may not be incorporated in the redevelopment, except that
(C) this provision shall not apply to permanent conversion to
residential use of space within an existing structure now used for
professional and medical office uses.
(d) Existing Second Dwelling Units on Substandard Size Lots.
In the R-l district, and all R-l subdistricts, notwithstanding any provisions of
Chapters 18.88 and/or 18.94, in the case of a legal and nonconforming second
detached single-family dwelling existing prior to July 20, 1978 on a substandard
size lot, such nonconforming use shall be permitted to remodel, improve, or replace
site improvements on the same site without necessity to comply with site
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18.12.150 Grandfathered Uses
development regulations; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area, number of dwelling units,
height, length, or any other increase in the size of the improvement.
(e) Existing Homes on Substandard Lots.
In the R-I district and all R-I subdistricts, single-family and two-family homes on
substandard lots, as defined in Subsection 18.12.040(c)(I), and flag lots existing on
August I, 1991 and which prior to that date were lawful, complying structures, may
remain and be remodeled, improved, or replaced without complying with the height
and habitable floor limitations for substandard lots specified in Section 18.12.030,
provided that:
(1) any such remodeling, improvement, or replacement does not result in a height
above seventeen feet or any additional habitable floor area above a first
habitable floor, except that any structure damaged or destroyed by a natural
disaster (such as fire, flood or earthquake) may be replaced to its previous
size without regard to the height and habitable floor limitations imposed by
this section; and
(2) in the case of a conflict between the provisions of this section and the
provisions of Chapter 18.94, this section shall control.
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