HomeMy WebLinkAbout2005-06-13 Ordinance 4875follows:
ORDINANCE NO. 4875
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO UPDATING THE LOW DENSITY RESIDENTIAL
DISTRICT REGULATIONS OF TITLE 18 [ZONING] OF THE
PALO ALTO MUNICIPAL CODE BY REPEALING CHAPTERS
18.10 [RE RESIDENTIAL ESTATE DISTRICT
REGULATIONS], 18.17 [R-2 TWO FAMILY RESIDENCE
DISTRICT REGULATIONS], 18.19 [RMD TWO UNIT
MULTIPLE-FAMILY RESIDENCE DISTRICT, AND 18.30
NEIGHBORHOOD PRESERVATION COMBINING DISTRICT
(NP) REGULATIIONS] IN THEIR ENTIRETY AND
ENACTING A NEW CHAPTER 18.10 [LOW-DENSITY
RESIDENTIAL DISTRICTS]
The Council of the Ci ty 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 Low
Densi ty Residential 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 modifications to the Low
Density Residential district have been made since that time,
resulting in a code that is disorganized and difficult to read
and implement.
(d) 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.
1
050620 syn 0120018
SECTION 2. Chapters 18.10 [RE Residential Estate
District Regulations], 18.17 (R-2 Two Family Residence District
Regulations], 18.19 (RMD Two unit Multiple-Family Residence
District, and 18.30 (Neighborhood Preservation Combining
District (NP) Regulations) of Title 18 [Zoning] of the Palo Alto
Municipal Code are hereby repealed in its entirety and restated
to read as follows:
Chapter 18.10
LOW-DENSITY RESIDENTIAL DISTRICTS
Sections:
18.10.010 Purposes
18.10.020 Applicable Regulations
18.10.030 Land Uses
18.10.040 Development Standards
18.10.050 Permitted Encroachments, Projections and Exceptions
18.10.060 Parking
18.10.070 Second Dwelling Units
18.10.080 Accessory Uses and Facilities
18.10.090 Basements
18.10.100 Standards for Agricultural Uses
18.10.110 Home Improvement Exceptions
18.10.120 Architectural Review
18.10.130 Historical Review
18.10.140 Neighborhood Preservation Combining District (NP)
Standards
18.10.150 Grandfathered Uses
18.10.010 Purposes
Three low-density residential districts are defined in this
chapter. Requirements for the Single Family Residential
(R-1) District and related subdistricts and combining
districts are included in Chapter 18.12. The specific
purpose of each low-density residential district is stated
below:
(a) Residential Estate District [RE]
The RE residential estate district is intended to create
and maintain single-family living areas characterized by
compatibility with the natural terrain and native
vegetation. The RE district provides locations for
residential, limited agricultural, and open space
activities most suitably located in areas of very low
density or rural qualities. Second dwelling units and
2
050620 syn 0120018
accessory structures or buildings are appropriate where
consistent with the site and neighborhood character.
Community uses and facilities should be limited unless no
net loss of housing units would result.
(b) Two Family Residential Distriot [R-2]
The R-2 two-family residence district is intended to allow
a second dwelling unit under the same ownership as the
initial dwelling unit on appropriate sites in areas
designated for single-family use by the Palo Alto
Comprehensive Plan, under regulations that preserve the
essential character of single-family use. Community uses
and facilities should be limited unless no net loss of
housing would result.
(o) Two Unit Multiple-Family Residential Distriot [RMD]
The RMD two-unit multiple-family residence district is
intended to allow a second dwelling unit under the same
ownership as the initial dwelling unit on appropriate sites
in areas designated for multiple-family use by the Palo
Alto Comprehensive Plan. The RMD district is intended to
minimize incentives to replace existing single-family
dwellings, maintain existing neighborhood character and
increase the variety of housing opportunities available
within the community. The maximum density in this zone
shall not exceed seventeen dwelling units per acre.
18.10.020 Applioable 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 all low-
density residential districts.
3
050620 syn 0120018
18.10.030 Land Uses
Table 1 shows the permitted and conditionally permitted
uses for the low-density residential districts.
Table 1: Permitted and Conditionally Permitted Low-Density Residential Uses
P = Permitted Use CUP = Conditional Use Permit ....... "1_ ••
Accessory facilities and uses
customarily incidental to
permitted uses (no limit on
number of
Home Occupations, when
accessory to permitted
residential uses.
Horticulture, gardening, and
growing of food products for
consumption by occupants of
the site.
Sale of
Utility Facilities essential to
provision of utility services to
the neighborhood, but excluding
business offices, construction or
storage yards, maintenance
050620 syn 0120018
p P P
P P P
p p p
CUP
CUP CUP CUP
CUP
4
18.10.080
18.88.130
18.10.110
(1) Sale of Agricultural Products. No permanent commercial structures
for the sale or processing of agricultural products are permitted.
(2) Second units in a-2 and RIm Zones. A second dwelling unit
associated with a single-family residence on a lot in the R-2 or RMD
zones is permitted, subject to the provisions of Section 18.10.070,
and such that no more than two units result on the lot.
(3) Bed and Breakfast Inns. Bed and breakfast inns are limited to no
more.than 4 units (including the owner/resident's unit) in the RMD
district.
18.10.040 Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and
Residential Density
The development standards for the low-density residential
districts are shown in Table 2:
Table 2: Low-Density Residential Development Standards
"
Minimum Site
Specifications
RE R-2 RMD
Site Area (ft2) _______________________ " _____ C .-.+-------/-------+-------1
All lots except 1 acre 6 /000 5 /000 ______ ~ ~_c:~ _ ~_<?_t:~_(_l! _____________ ,L..-_____ --'-______ -'--_____ --'
5
050620 syn 0120018
Subject to
regulations In:
18.10.040(c)
R-2 RMD
.' .. ' '.'
As established by 21.20.301 Flag lots (Subdivision Ord.) ." 'Sii:"e.owidth.o(ff:',-'" 100 60 50 ---------. .o --.o ' , , -------...... -. , -1-----:--:-:---+----:--:-::---+----:--:-::----; Site Depth (ft) 100 100 100
Maximum Lot Size
Lot Area (square feet)
Minimum Setbacks
, None 11,999 9,999
Setback lines imposed by a special
setback map pursuant to Chapter 20.08
of this code may also apply.
Front Yard (ft) 30 20 20 ,.o. ----.... ----, -.o .o"., _ ... --.o .o1---.-...:.-----+--------+--.-...:.-------l Rear Yard (ft) 30 20 20 .o-, .o, .o.o --.o-...... ---,' .. ".o.o'I-------+------+--------l Interior Side
Yard(ft)
"---'Str'eet'Side"Yard'"
(ft)
Maximum Height (as
measured to the peak of
the roof) (ft)
Side Daylight Plane
(side lot lines)
Initial Height (ft)
Angle (degrees)
Front Daylight Plane
(front setback line)
Initial Height (ft)
Angle (degrees)
Rear Daylight Plane
(rear setback line)
Initial Height (ft)
Angle (degrees)
Maximum Site Coverage:
Single story
development
""'Muitipfe"E;tor~;-,,'"
development ---"Additionai'area.o.o-
permitted to be
covered by a
patio or overhang
050620 syn 0120018
15
24
30
10
45
16
60
16
60
25%
25%
6 6
16 16
35
10(.$) 15
45 45
16(.j)
60
15
60 45
40% 40%
35% 40%
5%
6
Subject to
regulations in:
18.10.040(g)
18.10.050
18.04.030
(67)
18.10.050
18.04.030
(44) i
18.10.050
18.10.050
18.10.050
18.04.030
(86A)
Maximum Floor
Ratio (FAR) (2)
Area
R·2 RMD
First 5,000
______ ~SP:.l_~!::~ __ ~~~_t: ___________ -1----. _4_5 __ -+-__ ._4_5 __ -+-___ . _5 _0_--1
Square footage in
excess of 5,000 .30 .30 .50
______ ~SP:.l_~!::~ __ ~~~_t: ___________ _
Additional floor I-------------+------------I------------~
area permitted
for covering of
one parking space
(ft2 )
Maximum
House Size (ft2)
Minimum Usable Open
Space (ft2)
Residential Density
Minimum site
area permitting
two units
Parking
1 acre 7,500
! 450 sf per
I unit
See Sec. 18.10.060 (Parking)
Subject to
regulations in:
18.040.030
(65)
For second
unit
requirements,
see
18.10.070
18.83
(1) Minimum Lot Size. Any lot less than the mlnlmum lot size may be used in
accordance with the provisions of Section 18.88.050.
(2) R-2 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 of 33 feet.
(3) R-2 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.
(4) Exemption from Floor Area for Covered parking Required for Two-Family
Uses. In the R-2 and RMD districts, for two-family uses, floor area
limits may be exceeded by a maximum of two hundred square feet, for
purposes of providing one required covered parking space.
(5) 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 shall be
included in the calculation. This provision applies only to single-
family residences, not to duplexes allowed in the R-2 and RMD districts.
7
050620 syn 0120018
(b) Substandard and Flag Lots in R-2 District
The following site development regulations shall apply to
all new construction on substandard and flag lots within
the R-2 district 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:
(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 area 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
required street
feet.
than 50' in width, the
side setback shall be 10
(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
18.04.84 (B) .
(B) Flag Lot Development Standards:
050620 syn 0120018
(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 exclude attics that have no stairway or
8
built-in access. The chief building
official shall make the final determination
as to whether a floor is habitable.
(iii) Front Setback: 10 feet.
subject to
requirements.
contextual
Flag lots are not
front setback
(iv) Flag lots are not subject to contextual
garage placement requirements.
(c) Maximum Lot Sizes in R-2 and RMD Districts
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-2 and RMD districts, no new lot
shall be created equal to or exceeding two times the
minimum lot size prescribed for the district, 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
wi th the new lot, resulting in no net loss of housing on
the site (s); (ii) where underlying lots must be merged to
eliminate nonconformities and no net loss of housing units
would result; and (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.
(d) . Garage Doors in R-2 District
In the R-2 district, 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 which are parallel
to the street shall not exceed 20 feet.
(e) 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.
(f) Certification of Daylight Plane Compliance
Upon request by the building official, any person building
or making improvements to a structure in the low density
residential districts shall provide a certification that
the structure, as built, complies with the daylight plane
provisions in subsection (a). Such certification shall be
9
050620 syn 0120018
prepared by a licensed engineer, archi tect, or surveyor,
and shall be provided prior to frame inspection.
(g) Lighting in R-2 District
In the R-2 district, 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.
(h) 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 the street sideyard
setback. All such equipment shall be insulated and housed,
except that the Planning Director may permit installation
wi thout 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. All service
equipment must meet the City Noise Ordinance in Chapter
9.10 of the Municipal Code.
18.10.050 Permitted
Exceptions
Encroachments, Projections and
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) (1) (D) below.
(a) Setback/Yard Encroachments and Projections
(1) Horizontal Additions
050620 syn 0120018
In the R-2 district and the RMD district, 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
10
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 which 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, but is
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 together not
exceed one-half the maximum existing width of
such building.
(2) Rear Yard Encroachments for Portions of Homes
050620 syn 0120018
A portion of a main building that is less than half
the maximum width of the building may extend into the
11
required rear yard no more than six feet and wi th a
height of no more than one story, except that a corner
lot having a common rear property line with an
adjoining corner lot may extend into the required rear
yard not more than ten feet with a height of no mpre
than one story.
(3) Allowed Projections
050620 syn 0120018
(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 proj ect 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
Window surfaces, such as bay windows or
greenhouse windows, may extend into a required
side or rear yard a distance not to exceed two
feet, or into a required front yard a distance
not exceeding three feet. The window surface may
not extend into any yard above a first story.
(C) Detached Storage Structures
In addition to the provisions for location of
accessory structures under Section 18.12.080 (b),
the following further projections are permitted.
For structures not over six feet in height or
twenty-five square feet in floor area, used
exclusively for storage purposes, the following
projections are permitted:
(i) A maximum of two feet into a required side
yard
12
050620 syn 0120018
(ii) A maximum of four feet into a required
front yard
(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. Such 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 50
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.
13
(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.
(iii) No swimming pool, hot tub, spa, or similar
accessory facility shall be located closer
than six feet from an interior side yard
property line.
(b) Height Exceptions
The following features may exceed the height limit
established by the specified districts:
(1) RE and R-2 Districts: In the RE and R-2 districts,
flues, chimneys, and antennas may exceed the
established height limit by not more than 15 feet.
(2) RMD District: In the RMD district, flues, chimneys,
exhaust fans or air conditioning equipment, elevator
equipment, cooling towers, antennas, and similar
architectural, utility, or mechanical features may
exceed the height limit established in any district by
not more than 15 feet, provided that no such feature
or structure in excess of the height limit shall be
used for habitable space, or for any commercial or
advertising purposes.
(c) 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):
(1) RE and R-2 districts:
050620 syn 0120018
(A) Television and radio antennas;
(B) Chimneys and flues,
extend past the
distance exceeding
to Chapter 16.04 of
provided that chimneys do not
required daylight plane a
the minimum allowed pursuant
this code;
(C) Dormers, roof decks, gables, or
architectural features, provided that
similar
(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.
14
(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.
(2) RMD District:
(A) Television and radio antennasi and
(B) Chimneys and flues.
18.10.060 Parking
Off-street parking and loading facilities shall be required
for all permitted and conditional uses in accord with
Chapters 18.83 of this title. The following parking
requirements apply in the R-E, R-2, and RMD districts.
These requirements are included for reference purposes
only, and in the event of a conflict between this Section
18.10.060 and any requirement of Chapter 18.83, Chapter
18.83 shall apply:
(a) Parking Requirements for Specific Uses
Table 3 shows the minimum off-street automobile parking
requirements for specific uses.
__ ~L __ .rQmiQnts for R-E, R-2, and RMD Uses
Single-family residential 2 spaces per unit/ of which one
use (excluding second must be covered.
dwelling units)
Two family
districts)
(R2 & RMD 3 spaces total, of which at
least two must be covered
Second dwelling unit/
attached or detached:
>450 sf in size
<450 sf in size
Other Uses
050620 syn 0120018
2 spaces per unit, of which one
must be covered
1 space per uni t / whi ch may be
covered or uncovered
See Chapter 18.40
15
(b) Parking and Driveway Surfaces
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.
(2 ) No required parking space
first ten feet adjoining
required street side yard.
shall be located in the
the property line of a
(d) Tandem Parking
Tandem parking shall be permitted for single-family uses
and for single-family uses with a permitted second dwelling
unit. Tandem parking is permitted for two-family uses where
both spaces in tandem (front space and tandem space) are
designated for use by the same unit.
(e) Bicycle Parking
For two family uses, at least one Class I bicycle parking
space shall be required.
(f) Design of Parking Areas
Parking facilities shall comply with
regulations of' Chapter 18.83 (Parking
Standards) .
18.10.070 Second Dwelling Units
all applicable
Facility Design
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 are
intended as separate self-contained living units, with
separate entrances from the main r~sidence, whether
attached or detached. The standards below are provided to
minl.ml.ze the impacts of second dwelling units on nearby
residents 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.
16
050620 syn 0120018
(a) Second Units in the R-2 and RMD Districts
Second dwelling units are allowed on R-2 or RMD lots that
meet lot size requirements in Table 2 to acconunodate two
units on a lot. For R-2 zoned lots of 6,000 square feet or
greater, but less than 7,500 square feet, a second dwelling
unit of 450 square feet or less is permitted, subject to
all other regulations of the R-1 Chapter outlined in
section 18.12.070.
(b) Second Units in the R-E District
The following regulations apply to second dwelling units in
the R-E district:
(1) Minimum Lot Sizes
In the RE district, the minimum lot size for a second , dwelling uni t is one acre. 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.
(2) Development Standards for Attached Second Dwelling
Units
050620 syn 0120018
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:
(A) The minimum site area shall meet the requirements
specified in subsection (1) above.
(B) Maximum size. of living area: 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 counted
as floor area for the purpose of calculating the
maximum size of the unit.
(C) Maximum size of covered parking area for the
second dwelling unit: 200 square feet.
(D) Maximum height: 30 feet.
(E) Except on corner 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
17
second floor units shall be located toward the
interior side or rear yard of the property.
(3) 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:
(A) The minimum site area shall meet the requirements
specified in subsection (b) above.
(B) Minimum separation from the main dwelling: 12
feet.
(C) 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 unit.
(D) Maximum size of covered parking area for the
second dwelling unit: 200 square feet.
(E) Maximum height: one story and 17 feet.
(F) The detached second dwelling
architecturally compatible with
residence, with respect to style,
color and materials.
shall be
the main
roof pitch,
(4) 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 unnecessary tree removal, and
that such separate access will not create the
appearance, from the street, of a lot division or two-
family use.
(5) Parking
050620 syn 0120018
The following parking criteria apply to both detached
and attached second dwelling units:
18
18.10.080
(A) Two parking spaces shall be provided for each
second dwelling unit, with at least one of the
spaces being covered; provided, however, that if
the floor area of the second dwelling unit is 450
square feet or less, only a single parking space
is required, and it may be covered or uncovered.
(B) Such parking shall be located out of required
front setbacks and not closer than 15 feet from
the. street in a street side setback. New parking
areas created in the street side setback shall be
of permeable materials if required by the
Planning Director.
Accessory Uses and Facilities
Accessory uses and facilities, as referenced in Section
18.10.030, shall be permitted when incidental to and
associated with a permitted use or facility in the R-E, R-
2, or RMD districts, or when incidental to and associated
with an allowable and authorized conditional use therein,
subject to the provisions below and of Chapter 18.88.
(a) Types of Accessory Uses
Accessory uses and facilities include,
to, the following list of examples;
accessory use or facility shall comply
of this title:
but are not limited
provided that each
with the provisions
( 1) Residential garages, carports,
together with access and
necessary thereto;
and parking facilities,
circulation elements
(2) Facilities for storage incidental to a permitted use:
and
(3) Recreational uses and facilities for the
convenience of occupants or employees, or
thereof, of a principal use or facilitYi
(b) Location and Development Standards
use and
guests
Except as otherwise provided in this section, accessory
buildings shall at all times be located in conformance with
requirements for principal buildings, and shall not be
located in any required front, sidet or rear yard. See
Section l8.l0.050(a} (3) (C) for allowed encroachments for
small storage structures. Accessory buildings may be
located in a required interior yard subject to the
following limitations:
19
050620 syn 0120018
(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 shall not be located in a
required interior side or rear yard unless the
building is at least seventy-five feet from any
property line adjacent to a street, measured along the
respective lot line. Provided, on corner lots,
accessory buildings including detached garages and
carports may be located in the rear yard if located at
least 75 feet from the front street and at least 20
feet from the side street property lines.
(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) When located within a required interior yard as
permitted by this section, no such accessory building
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 j provided, accessory buildings in the Residential
Estate (RE) 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 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.
20
050620 syn 0120018
18.10.090 Basements
Basements shall be permitted in areas that are not
designated as special flood hazard areas, as defined in
Chapter 16.52, subject to the following regulations:
(a) Per.mitted 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 I 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; 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.
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 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.
For residences designated on the City I s Historic Inventory
as a Category 1 or Category 2 Historic Structure or any
contributory structure wi thin a locally designated historic
district, additional gross floor area exclusions, including
for basement area, may apply. See PAMC section
18.04.030(A) (65) (D) (vii).
(c) Lightwells, Stairwells and Other Excavated Features
Excavated features shall not affect the measurement of the
grade for the purposes of determining gross floor area, so
long as such features meet the following provisions:
(1) Lightwells, stairwells and similar excavated features
along the perimeter of the basement shall not affect
the measurement of grade, provided that:
21
050620 8yn 0120018
(2)
050620 syn 0120018
(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 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.
Below-grade patios, sunken gardens or similar
excavated areas along the perimeter of the basement
that exceed the dimensions set forth in subsection
(1) I are permitted and shall not affect the
measurement of grade, 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) the cumula ti ve length of any excavated area or
portion thereof that extends into a required side
or rear yard does not exceed 15 feet;
22
(D) such features do not extend more than 2 feet into
a required side yard nor more than 4 feet into a
required rear yard;
(E) the owner provides satisfactory evidence tlO the
planning director 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;
(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 18.10.040;
(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.
18.10.100 Standards for Agricultural Uses
In the RE district, agricultural use shall be allowed
subject to the following regulations:
(a) Keeping and Raising of Livestock.
Keeping and raising of livestock, poultry, or other animals
may be conducted accessory to a residential use, and
raising of animals for commercial purposes is prohibited.
(b) Required Site Area for Keeping of Livestock.
(1) At least 21,528 square feet (0.5 acre) of site area
shall be required for each horse, mule, donkey, cow, steer
or similar livestock.
(2) At least 21,528 square feet (0.5 acre) of
shall be required for each three goats, hogs,
similar livestock.
23
050620 syn 0120018
site area
sheep, or
(c) Location of Livestock Facilities.
Barns, stables, sheds, chicken houses, and
facilities for the shelter and feeding
exclusive of domestic household pets, shall
minimum of 40 feet from any lot line (property
18.10.110 Home Improvement Exceptions
other similar
of animals,
be located a
line) .
Home Improvement Exceptions may be granted for existing
single-family residences in the R-E, R-2, and RMD
districts, pursuant to the provisions of Section 18.12.120
(R-1 Chapter) .
18.10.120 Architectural Review
Architectural Review, as required in Chapter 18.76.020, is
required in the R-E, R-2, and RMD districts whenever three
or more adjacent residential units are intended to be
developed concurrently, whether through subdivision or
individual applications. Architectural review is also
required for second dwelling units of more than 900 square
feet, when located in the Neighborhood Preservation
Combining District (NP).
18.10.130 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-E, R-2, and
RMD low density residential districts 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.
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). Horne Improvement
Exceptions provide for additional square footage and
certain other exceptions for historic homes pursuant to
Section 18.12.120 (R-1 Chapter).
18.10.140 Neighborhood-Preservation Combining District (NP)
(a) Purpose & Applicability.
050620 syn 0120018
The neighborhood preservation-combining district is
intended to modify the regulations of the RMD two unit
24
multiple-family residential district areas where it is
deemed essential to maintain the visual and historic
character of existing neighborhoods. rEha combining
district is intended to foster retention of existing
single-family structures, to foster additions to
existing properties without demolition of sound
residential structures, and to assure compatibility of
design of new residential units with existing
structures on the same or surrounding properties.
Properties in the (NP) combining district are subject to
the following regulations:
(b) Design Review
(1) Purposes
The purpose of design review of properties in an (NP)
combining district is to achieve compatibility of
scale, silhouette, fa9ade articulation, and materials
of new construction with existing structure on the
same property or on surrounding properties wi thin a
combining district.
(2) Design Review Required
For properties on which two or more residential units
are developed or modified, design review and approval
shall be required by the architectural review board in
compliance with procedures established in Chapter
18.76.020 for any new development or modification to
any structure on the property and for site amenities.
No design review is required for cons truction of or
modifications to single-family structures that
constitute the only principal structure on a parcel of
land. No design review is required for construction of
second dwelling units on a parcel except when the
second unit exceeds 900 square feet in size.
(3) Design Review Guidelines
The architectural review board shall, at its
discretion, develop specific design review guidelines
for each specific area to which this combining
district is applied.
(c) Exceptions to Development Standards
(1) Applicability
050620 syn 0120018
Subject to the provisions of Section 18.76.040 and the
general purposes of this title to foster retention of
existing single-family structures and to maintain the
25
existing historic and general character of the
neighborhood, the planning director may grant
exceptions to site development regulations (except
limitations on residential density) , parking
regulations, and from the special setback requirements
of Title 20 applicable to the underlying zone district
where combined with the neighborhood preservation (NP)
combining district. This exception procedure is the
exclusive procedure for procuring an exception to
development standards in the NP combining district. It
is not necessary for ~he property owner to obtain a
variance.
(2) Findings
The zoning administrator may only grant an (NP)
District Exception if, from the application or the
facts presented at the public hearing, he finds:
(A) The granting
preservation
on the same
maintaining
character of
of the exception will facilitate the
of an existing residential structure
property and will be of benefit in
the existing historic and general
the surrounding neighborhood, and
(B) 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.
(3) Conditions
In granting NP District Exceptions, reasonable
condi tions or restrictions may be imposed as deemed
appropriate or necessary to protect the public health,
safety, general welfare, or convenience, and to secure
the purposes of this title.
(4) Procedures
18.10.150
Please refer to Chapters 18.76 and 18.77 for further
information regarding the procedures applicable to
requests for exceptions.
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;
26
050620 syn 0120018
(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) R-2 district:
(A) 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-2 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.
(B) 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-2 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 condi tional uses operating subj ect to a
conditional use permit.
(2) RMD district:
(A) Professional and medical office uses (except
product testing and analysis, and prototype
development), existing on July 20, 1978.
(B) Multiple-family uses existing on July 20, 1978.
(0) Per.mitted Changes
The following regulations shall apply to the grandfathered
uses specified in subsection (b):
(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
27
050620 syn 0120018
(A) such remodeling, improvement or replacement shall
not:
(i) result in increased floor area;
(ii) result in an increase in the number
offices, in the case of professional
medical office uses, or dwellings, in
case of residential uses;
of
or
the
(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 Chapter 18.76.
(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 which is changed to or replaced by
a conforming use shall not be reestablished, and any
portion of a site or any portion of a building, the use
of which changes from a grandfathered use to a
conforming use, shall not thereafter be used except to
accommodate a conforming use.
(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
Chapter 18.76.
(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
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 Accessory Dwellings and Guest Cottages.
In the RE district, accessory dwellings and guest cottages
existing on April 28, 1986, and which prior to that date
28
050620 syn 0120018
were lawful, conforming permitted uses may remain as legal
nonconforming uses. Such uses shall be permitted to
remodel, improve or replace site improvements on the same
site, without necessity to comply with site development
regulations for continual use and occupancy by the same
use; provided that any such remodeling, improvement or
replacement shall not add a kitchen nor result in increased
floor area, number of dwelling units, height, length or any
other increase in the size of the improvement without
complying with the standards set forth in this subsection
and applying for and receiving a conditional use permit
pursuant to Chapter 18.76
(e) Existing Second Dwelling Units on Substandard Size Lots.
In the R-2 district, 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 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.
(f) Existing Homes on Substandard Lots.
In the R-2 district, single-family and two-family homes on
substandard lots, as defined in Section 18.10.040 (b), and
flag lots existing on August 1, 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 18.10.040, 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 Current Code
Chapter 18.94, this section shall control.
29
050620 syn 0120018
SECTION 3. 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.
SECTION 4. 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: May 16, 2005
PASSED: June 13, 2005
AYES: BEECHAM, BURCH, CORDELL, KISHIMOTO, MORTON, MOSSAR,
OJAKIAN
NOES: KLEINBEG
ABSENT: MOSSAR
ABSTENTIONS:
NOT PARTICIPATING:
Mayor
FORM:
enior ~es5. City Attorney
1)~y(J>; \--J ,
&
Community
30
050620 syn 0120018