HomeMy WebLinkAbout2005-11-14 Ordinance 4883follows:
ORDINANCE NO. 4883
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO UPDATING THE OFFICE, RESEARCH, AND
MANUFACTURING DISTRICTS OF TITLE 18 [ZONING] OF
THE PALO ALTO MUNICIPAL CODE BY AMENDING
CHAPTERS 18.04 [DEFINITIONS], REPEALING CHAPTERS
18.37 [OFFICE RESEARCH DISTRICT REGULATIONS],
18.55 [GM GENERAL MANUFACTURING DISTRICT
REGULATIONS], 18.57 [GENERAL MANUFACTURING
COMBINING DISTRICT (B) REGULATIONS], 18.60
(LIMITED INDUSTRIAL/RESEARCH PARK DISTRICT
REGULATIONS] AND 18.63 [LIMITED INDUSTRIAL SITE
COMBINING DISTRICT (3, 5) REGULATIONS] IN THEIR
ENTIRETY AND ENACTING PORTIONS OF A NEW CHAPTER
18.20 [OFFICE RESEARCH, AND MANUFACTURING
DISTRICTS]
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 programs and policies related to the Industrial and
Manufacturing districts. 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.
SECTION 2. Paragraph (63) of section 18.04.030
(Definitions) of Title 18 (Zoning) is hereby amended to read as
follows:
(63) "General business service" means a use engaged in
sales, servicing, installation, and repair services, generally
intended to support other businesses, rather than individual
consumers. General business services typically include, but are
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not limited to, volume printing and photography services,
blueprinting and publishing, commercial bakeries, dry cleaners
that accept laundry from other businesses and are classified as
Class IV plants in Title 15 of the Municipal Code, creameries or
catering, cabinetry and furniture repair, lumber, plumbing,
electrical, heating and air conditioning, and other construction
and building materials, and commercial automobile and truck
parts and supplies.
SECTION 3 . Paragraph
(Definitions) of Title 18 (Zoning)
follows:
(94) of section 18.04.030
is hereby amended to read as
( 94) "Manufacturing" means a use engaged in the
manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing,
fabrication, assembly, treatment, and packaging of such
products, and incidental storage, sales, and distribution of
such products, but excluding basic industrial processing of
extracted or raw materials, processes utilizing flammable or
explosive materials (i.e., materials which ignite easily under
normal manufacturing conditions) in excess of the exempt
quantities listed in Title 15 of the Municipal Code, and
processes which create hazardous or commonly recognized
offensive materials or conditions other than properly stored and
handled hazardous waste or byproducts incidental to the
manufacturing process. Examples of manufacturing uses typically
include, but are not limited to, industrial laundries and
industrial dry cleaning plants classified as Class II, lIB, or
IlIA in Title 15 of the Municipal Code, machine shops,
electronics assembly, food and beverage product manufacturing,
and furniture manufacturing. Manufacturing may also include the
storage of hazardous materials necessary to the manufacturing
process in excess of the exempt quantities listed in Title 15 of
the Municipal Code when stored in an approved exterior storage
area, accessory room or structure. Related administrative uses
such as finance, marketing, sales, accounting, purchasing, or
corporate offices; provisions of services to others on or off-
site; and related educational uses may also be included provided
they remain ancillary to the primary uses of "manufacturing" and
are part of the same manufacturing firm.
SECTION 4 . Paragraph
(Definitions) of Title 18 (Zoning)
follows:
(95) of section 18.04.030
is hereby amended to read as
(95) "Medical office" means a use providing
consultation, diagnosis, therapeutic, preventive, or corrective
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personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners of medical and
healing arts for humans, licensed for such practice by the state
of California. Incidental medical and/or dental research within
the office is considered part of the office use, where it
supports the on-site patient services. Medical office use does
not include the storage or use of hazardous materials in excess
of the permit quantities as defined in Title 15 of the Municipal
Code. Medical gas storage or use shall be allowed up to 1,008
cubic feet per gas type and flarmnable liquids storage and use
shall be allowed up to 20 gallons total (including waste) .
(A) "Medical research" means a use related to medical
and/or dental research, testing and analysis, including but not
limi ted to trial and clinical research. Biomedical and
pharmaceutical research and development facilities are not
included in this definition. Medical Research does not include
the storage or use of quanti ties of hazardous materials above
the exempt quantities listed in Title 15 of the Municipal Code
nor any toxic gas regulated by Title 15. Additionally, Medical
Research may include storage and use of etiological (biological)
agents up to and including Risk Group 2 or Bio Safety Level 2
(Center for Disease Control) .
(B) "Medical support retail" means a retail use
providing sales, rental, service, or repair of medical products
and services to consumers or businesses, and whose location near
hospitals or medical offices facilitates the provision of
medical care or medical research. Examples of medical retail
uses typically include, but are not limited to, pharmacies, sale
of prosthetics, and sale of eyeglasses or other eye care
products.
(C) "Medical support service" means a use providing
administrative support functions for healthcare providers or
facili ties, intended to support the operations of hospitals or
of medical and dental office uses, and whose location near those
medical facilities enhances the interaction between medical
providers and/or facilitates the provision of medical care or
medical research. Examples of medical support service uses
typically include, but are not limited to, administration and
billing services, public relations, training, and fundraising.
Hospitals and ambulance services are not included in this
definition.
SECTION 5. Paragraph
(Definitions) of Title 18 (Zoning)
follows:
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(116) of section 18.04.030
is hereby amended to read as
(116) "Professional office" means a use providing
professional or consulting services in the fields of law,
architecture and architectural design, engineering, accounting,
and similar professions, including associated product testing
and prototype development, but excluding product manufacturing
or assembly and excluding the storage or use of hazardous
materials ,in excess of permit quantities prescribed in Title 15
of the Municipal Code.
SECTION 6. Paragraph
(Definitions) of Title 18 (Zoning)
follows:
(123) of section 18.04.030
is hereby amended to read as
(123) "Research and development" means a use engaged in
the study, testing, engineering, product design, analysis and
development of devices, products, processes, or services related
to current or new technologies. Research and development may
include limi ted manufacturing, fabricating, processing,
assembling or storage of prototypes, devices, compounds,
products or materials, or similar related activities, where such
activities are incidental to research, development or
evaluation. Examples of "research and development" uses include,
but are not limited to, computer software and hardware firms,
computer peripherals and related products, electronic research
firms, biotechnical and biomedical firms, instrument analysis,
genomics, robotics and pharmaceutical research laboratories, and
related educational development. Research and development may
include the storage or use of hazardous materials in excess of
the exempt quantities listed in Title 15 of the Municipal Code,
or etiological (biological) agents up to and including Risk
Group 3 or Bio Safety Level 3 classifications as defined by the
National Institute of Health (NIH) or the Center for Disease
Control (CDC). Higher classification levels of etiological
(biological) agents are not allowed without express permission
of the City Manager, Fire Chief, and Police Chief.
Related administrative uses such as finance, legal,
human resources, management, marketing, sales, accounting,
purchasing, or corporate offices; provisions of services to
others on or off-site; and related educational uses may also be
included provided they remain primarily supportive of the
primary uses of "research and development" and are part of the
same research and development firm.
SECTION 7. Chapters 18.37 [Office Research District
Regulations], 18.55 [General Manufacturing District
Regulations], 18.57 (General Manufacturing Combining District),
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18.60 (Limited Industrial/Research Park District)
(Limited Industrial Site Combining (3, 5) District)
[Zoning] of the Palo Alto Municipal Code are hereby
their entirety and restated to read as follows:
Chapter 18.20
and 18.63
of Title 18
repealed in
OFFICE, RESEARCH, AND MANUFACTURING DISTRICTS
Sections:
18.20.010 Purposes
18.20.020 Applicability
18.20.030 Land Uses
18.20.040 Site Development Standards
18.20.050 Performance Criteria
18.20.060 Grandfathered Uses
18.20.010 Purposes
The office research, industrial and manufacturing zoning
districts provide sites for office, light industrial, research
and development, and limited commercial uses. The specific
purposes for each district are listed below.
(a) Medical Office and Medical Research (MOR) District
The MOR medical office and medical research district
provides for medical office, medical research, and some medical
support services in areas characterized by low building
intensity, large site size, and landscaped grounds. The MOR
district is primarily intended for land that is designated for
research and office park use in the Palo Alto Comprehensive
Plan, and that is near hospitals.
(b) Reserved.
(c) Reserved.
(d) Research Park District [RP]
The RP research park district provides for a limited
group of research and manufacturing uses that may have unusual
requirements for space, light, and air, and desire sites in a
research park environment. Premium research and development
facilities should be encouraged in the RP district. Support
office uses should be limited and should exist primarily to
serve the primary research and manufacturing uses. The RP
district is intended for application to land designated for
research and office park use in the Palo Alto Comprehensive Plan
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on sites that are west of EI Camino Real and held in large
parcels, which mayor may not also be subject to ground leases.
(e) Research Park Subdistrict 5 [RP(S)]
The Research Park site subdistrict
development regulations of the RP
regulate large sites in hilly areas.
(f) Reserved.
18.20.020 Applicable Regulations
[RP (5)] modifies the site
research park district to
The specific regulations of this chapter and the
additional regulations and procedures established by this
Ti tIe 18 shall apply to all Office Research, Industrial, and
Manufacturing districts.
18.20.030 Land Uses
(a) Per.mitted and Conditionally Per.mitted Land Uses
Table 1 lists the land uses permitted or conditionally
permitted in the industrial and manufacturing districts .
... = SHADED COLUMNS ARE NOT ADOPTED BY THIS ORDINANCE.
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18.20.040(b)
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Automobile Service Stations, subject to
site and design review in accord with the
provisions of section Current Code
18.82
Temporary Parking Facilities, provided that
such facilities shall remain no more than five CUP
(1) Residential development is prohibited in the portion of the GM zoning district that is located east of San
Antonio Road and north of Charleston Road where the proposed residential site is located within 150 feet of an H
(hazardous materials) occupancy structure or site. Other residential development requires a conditional use permit
elsewhere within that geographic subarea. See section 18.20.040(b).
(b) Limitations on Medical Support Service and Medical Support Retail
Uses in the Medical Office and Medical Research (MOR) Zone
(1) The intent of this limitation is to restrict medical
support service and medical support retail uses in the
Medical Office and Medical Research (MaR) zone in order
to preserve and facilitate space for medical offices and
medical research facilities.
(2) Floor area devoted to medical support services and
medical support retail uses in the Medical Office and
Medical Research (MaR) zoning district shall not exceed
twenty percent (20%) of the total gross floor area
within the district.
(3) The director may require a report from the property
owner or applicant whenever application is made to the
city to develop new space for medical support service or
medical support retail uses or to convert existing space
to such uses. The report shall identify the gross floor
area of buildings on each site within the zoning
district and the gross floor area of medical support
service and medical support retail uses for each site.
The director may I from time to time I establish
procedures and standards implementing this Section
18.20.030(b) .
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(c) Reserved.
(d) Automatic Teller Machines
(1) Automatic teller machines may be allowed as an accessory
use in the MOR, ROLM, ROLM(E), RP, RP(5), and GM
districts when incidental to a primary use on the site
and when accessible only from the interior of a
building.
(2) Automatic teller machines may be allowed as a permitted
use in the MOR, ROLM, ROLM(E) , RP, RP(5), and GM
districts when incidental to a primary use on the site
and when accessible from the exterior of a building.
Staff level Architectural Review is required prior to
issuance of a building permit.
18.20.040 Site Development Standards
Development in the office research, industrial, and
manufacturing districts is subject to the following development
standards, provided that more restrictive regulations may be
required as part of design review under Chapter 16.48 of the
Palo Alto Municipal Code.
(a) Development Standards for Non-Residential Uses
Table 2 shows the site development standards for
exclusively non-residential uses in the industrial and
manufacturing districts.
... = SHADED COLUMNS ARE NOT ADOPTED BY THIS ORDINANCE.
Front Yard (ft)
Rear Yard (ft)
Interior Side
Yard (ft)
Street Side
Yard (ft)
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20 70
Minimum Yard
(ft) for site lines
abutting or opposite
residential
districts
Maximum Site 30%
0.5:1
Maximum Height (ft) I----=-::--
Standard
Within 150 ft. of a
residential zone(5)
Within 40 ft. of a
residential zone(5)
Daylight Plane for
site lines having any
part abutting one or
more residential
districts.
Initial Height
Slope
(1) Reserved.
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1----..;;----
20
30%
25
15%
18.20.060( e)(1 )(D)
18.20.060(e)(I)(E)
(2) Daylight plane requirements shall be identical to the daylight plane requirements of the most
restrictive residential district abutting the side or rear site line. Such daylight planes shall begin at the
applicable site lines and increase at the specified slope until intersecting the height limit otherwise
established for the MOR district.
(3) In the MOR district, no required parking or loading space shall be located in the first 10 feet adjoining
the street property line of any required yard.
(4) See subsection 18.20.040(e) below for exceptions to height and floor area limitations in the ROLM
and RP zoning districts.
(5) Residential zones include R-l, R-2, RE, RMD, RM-15, RM-30, RM-40 and residential Planned
Community (PC) zones.
(b) Development Standards for Exclusively Residential Uses
Residential uses shall be permitted in the MOR, RP, RP(5),
ROLM, ROLM(E) , and GM zoning districts, subject to the
following criteria.
(1) It is the intent of these provisions that a compatible
transition be provided from lower density residential
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zones to higher density residential or non-residential
zones. The Village Residential development type should be
evaluated for use in transition areas and will provide
the greatest flexibility to provide a mix of residence
types compatible with adjacent neighborhoods.
(2) No new single-family or two-family residential
development is permitted in any of the office, research
and manufacturing districts. Existing single-family and
two-family uses shall be permitted to remain, consistent
with the provisions of Section 18.94 (Nonconforming Uses
and Noncomplying Facilities) .
(3) MOR District. All multi-family development in the MOR
zoning district shall be permitted subject to approval of
a conditional use permit and compliance with the
development standards prescribed for the RM-30 zoning
district.
(4) RP and RP(5) Districts. All multi-family development in
the RP, and RP(5) zoning districts that is located within
150 feet of an R-E, R-1, R-2, RMD, or similar density
residential PC zone shall be permitted subject to
approval of a conditional use permit and compliance with
the development standards prescribed for the RM-15 zoning
district, including Village Residential development
types. Multi-family development in the MOR, RP, and RP(5)
zoning districts that is located greater than 150 feet
from an R-E, R-1, R-2, RMD, or low density residential PC
shall be permitted subject to approval of a conditional
use permit and compliance with the development standards
prescribed for the RM-30 zoning district.
(5) ROLM(E) District. Reserved.
( 6) ROLM District. Reserved.
(7) GM District. Reserved.
(c) Development Standards for Mixed (Residential and
Nonresidential) Uses in the ROLM, ROLM(E), and GM zoning
Districts.
Reserved.
(d) Floor Area Bonus for Child Care Facilities
Floor area operated as a licensed child care facility shall
not be included when calculating floor area ratios for a
site. In addition, the permitted floor area on the site
shall be increased by an amount equal to fifty percent
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(50%) of the floor area of the child care facility. The
floor area bonus is not exempt from parking requirements
and shall not be granted unless the director determines
that on-site circulation (including for pick-up and drop-
off) for the child care facility is adequate.
(e) Height and Floor Area Exceptions for Equipment Storage and
Access in the RP and RP(5) Districts
(1) The intent of this subsection is to provide
in height and floor area limitations to
equipment needs for research and development
facilities.
flexibility
accommodate
and similar
(2) The maximum height in the RP and RP(5) zoning districts
may be increased to forty (40) feet where a) interstitial
space is provided between floors to accommodate
mechanical and/or electrical equipment, b) the load for
such interstitial space is limited, to the satisfaction
of the Building Official, to preclude conversion to
habitable space, c) the building contains no.more than
two stories of habitable space above grade, and d) the
portion of any building over 35 feet in height is located
a minimum of 150 feet from the nearest property line of a
residential zone or residential PC zone. Interstitial
space refers to intermediate floors used for mechanical
or electrical systems and access for equipment
maintenance purposes.
(3) Rooftop and/or basement areas used to enclose mechanical
equipment shall be excluded from floor area calculations,
provided that the total of any such excluded areas does
not exceed one-third of the building footprint area.
Rooftop equipment or rooftop equipment enclosures shall
not extend above a height of fifteen (15) feet above the
roof, and any enclosed rooftop equipment located adjacent
to residential property shall be set back at least 20
feet from the building edge closest to the residential
site or a minimum of 100 feet from the residential
property line, whichever is closer.
(f) Limitations on Outdoor Uses and Activities
(1) Reserved.
(2) In the ROLM and RP districts, all outdoor acti vi ties
or uses are prohibited except:
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(A) Outdoor activities associated with residential
use;
(B) Landscaping;
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(C) Parking and loading facilities;
(D) Recycling centers that
conditional use permit;
have obtained a
(E) Noncommercial recreational activities and
facilities accessory to permitted or conditional
uses; and
(F) Activities and facilities accessory to
conditional uses, when authorized by a
conditional use permit.
(3) In all industrial and manufacturing districts,
equipment such as generators and air conditioning
compressors is permitted outdoors so long as it is
located out of setbacks adjacent to (including across
a street from) a residential use, and is screened from
view from the residential area.
(4) Any outdoor storage or use of hazardous materials in
excess of exempt quantities prescribed in Title 15 of
the Municipal Code or outdoor storage, use or handling
of any amount of toxic gas or materials regulated
under Title 15 shall also require a conditional use
permit.
(g) Employee Showers
Employee shower facilities shall be provided
building constructed or for any addition to or
any existing building as specified in Table 4.
for any new
enlargement of
Medical, Professional, and General
Business Offices, Financial Services,
Colleges and Universities, Business and
Trade Schools, Research and
Development, General Business Services,
0-9,999 No requirement
10,000-19,999 1
20,000-49,999 2
and 50,000 and up 4
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(h) Nuisances and Hazards
In all office research, industrial, and manufacturing
districts, excluding the MOR Medical Office and Medical
Research district, all uses, whether permitted or
conditional, shall be conducted in such a manner so as to
preclude any nuisance, hazard, or commonly recognized
offensive conditions or characteristics, including creation
or emission of dust, gas, smoke, noise, fumes, odors,
vibrations, particulate matter, chemical compounds,
etiological (biological) agents, el~ctrical disturbance,
humidity, heat, cold, glare, or night illumination. Prior
to issuance of a building permit or occupancy permit, or at
any other time, the building official may require evidence
that adequate controls, measures, or devices have been
provided to ensure and protect the public interest, health,
comfort, convenience, safety, and general welfare from such
nuisance, hazard, or offensive condition.
(i) Recycling Storage
All new development, including approved modifications that
add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or
exterior enclosures for the storage of recyclable materials
in appropriate containers. The design, construction and
accessibili ty of recycling areas and enclosures shall be
subj ect to approval by the architectural review board, in
accordance with design guidelines adopted by that board and
approved by the city council pursuant to Section 18.75.
(j) Notwithstanding any other provisions of this Section
18.30.040, on those sites that are Designated Sites under
the Development Agreement between the City of Palo Alto and
Stanford Uni versi ty approved and adopted by Ordinance No.
4870, the maximum floor area ratio shall be 0.5 to 1 as
provided in that Agreement.
18.20.050 Performance Criteria
All development in the Office/Research/Manufacturing zoning
districts shall comply with the requirements and guidelines
outlined in Chapter 18.64. Such requirements and guidelines
are intended to reduce the impacts of these non-residential
uses on surrounding residential districts.
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18.20.060 Grandfathered Uses
(a) Applicability
(1) Except as provided in this section, nonconforming uses
and noncomplying facilities are governed by Chapter
18.94 of the Zoning Ordinance.
(2) Any use allowed as a conditional use but legally
existing as a permitted use prior to the effective
date of amendments to the Zoning Ordinance modifying
the allowable uses in the MOR, ROLM, ROLM(E) , RP,
RP (5) , or GM districts shall be considered a
conforming use, except that a conditional use permit
shall be required if the use is expanded as outlined
in Section 18.94.020.
18.20.70 Conflict with Development Agreement
In the event that any provision of this Chapter 18.20
conflicts with any provision of the Development Agreement
between the City of Palo Alto and Stanford University
approved and adopted by Ordinance No. 4870, the provisions
adopted by Ordinance No. 4870 shall apply.
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
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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 AND PASSED: November 14, 2005
AYES:
NOES:
ABSENT:
ABSTENTIONS:
BEECHAM, BURCH, FREEMAN, KLEINBERG, MORTON,
MOSSAR
KISHIMOTO
NOT PARTICIPATING: CORDELL, MOSSAR
Mayor
APPROVED AS TO FORM: APPROVED:
--===:
Senior Deputy City Attorney
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