HomeMy WebLinkAbout2004-06-07 Ordinance 4826follows:
ORDINANCE NO. 4826
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO STREAMLINING PLANNING PROCEDURES BY ADDING
CHAPTERS 2.21 (ARCHITECTURAL REVIEW BOARD) ,
18.76 (PERMITS AND APPROVALS), 18.77 (PROCEDURES
FOR PERMITS AND APPROVALS), AND 18.78 (APPEALS),
DELETING CHAPTERS 16.48 (ARCHITECTURAL REVIEW),
18.90 (VARIANCES, HOME IMPROVEMENT EXCEPTIONS,
AND CONDITIONAL USE PERMITS), 18.91 (DESIGN
ENHANCEMENT EXCEPTIONS), 18.92 AND 18.93
(APPEALS), AND 18.99 (ADMINISTRATIVE APPROVAL OF
MINOR CHANGES IN PROJECTS), ADDING SECTIONS
18.88.200 AND 18.88.210, MODIFYING SECTION
18.04.030, AND MODIFYING 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) On October 15, 2003, the City Council's Policy
and Services Committee received the results of the City
Auditor's audit of the development review process. The audit
recommendations included the need for a reduction in the number
of processes and appeals, more rapid turnaround times for
applications, and increased use of the Planning and
Transportation Commission in processing "quasi-judicial" items.
Implementing these recommendations requires changes to the Palo
Alto zoning Code.
(b) The last comprehensive update of the Palo Alto
Zoning Code took place in 1978, and as a result, much of the
procedural language is outdated. Many modifications have been
made since that time, resulting in a code that is disorganized
and difficult to read and implement.
(c) The City Council wishes to implement the
recommendations of the City Auditor and revise the code language
setting forth City planning procedures.
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SECTION 2. A new Chapter 2.21 (Architectural Review
Board), as shown in Exhibit I, is added to Title 2
[Administrative Code] of the Palo Alto Municipal Code.
SECTION 3. Paragraph (3) of subsection (s) of section
4.56.100 of Chapter 4.56, Title 4 [Business Licenses and
Regulations] of the Palo Alto Municipal Code is hereby amended
to read as follows:
(3) Within twelve hundred feet of the exterior
property limits of any other premises lawfully occupied by a hot
tub/sauna establishment or by any establishment subject to the
provisions of Chapters 4.54 or 4.55 1 or any cardroom licens~d
pursuant to Chapter 4.52. Notwithstanding the provisions of this
subdivisionl subject to all other provisions of this chapter I a
hot tub/sauna establishment license may be issued for an
establishment located within twelve hundred feet of another hot
tub/sauna establishment I an establishment subject to the
provisions of Chapters 4.54 or 4.55 I or any cardroom licensed
pursuant to Chapter 4.52 if the applicant has obtained, and has
in effect, a valid conditional use permit pursuant to Chapter
18.76 (Permits and Approvals). Application for a license under
this chapter shall be made and processed prior to an application
for a use permit. In the event it is determined that a license
under this chapter would be issued for the provisions of this
subdivisionl the application for a use permit shall then be
processed. A license under this chapter shall not be issued
until completion of the use permit application process. In the
case of such an application, the time limit for action on a hot
tub/sauna establishment license application contained in Section
4.56.050 shall be automatically extended as necessary to follow
processing of the use permit application. For the purpose of
determining compliance with standard (3) I as tOI between and
with respect to establishments lawfully in operation on the
effective date of this sectionl priority between such existing
establishments shall be assigned in accordance with the dates
upon which said establishments commenced such lawful operations.
In the event any dispute arises regarding said dates l the
applicant shall have the obligation to establish the date on
which he commenced lawful operation.
Any hot tub/sauna establishment lawfully in operation on
the effective date of this section shall I within sixty days of
said date apply to the chief of police for a determination as to
compliance with the provisions of this section. Said application
shall be in such form as prescribed by the chief of police.
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Any hot tub/ sauna establishment legally existing on the
fective date of this subsection and which is not in compliance
with the provisions of this subsection shall comply with said
provisions within three years of the effective date of this
subsection; provided, however, that any such establishment which
intends to in any way transfer ownership or alter or change the
nature of any such hot tub/sauna establishment on or after the
effective date of this subsection shall comply with the
provisions of this subsection prior to such transfer, alteration
or change. Any such use which at the expiration of said period
is not in compliance with the provisions of this subsection
shall at that time discontinue and abate its operation.
Any hot tub/sauna establishment lawfully in operation
upon the effective date of this subsection failing to comply
with the provisions of this subsection shall be issued a
limited-term license containing a statement on its face reciting
such noncompliance and the date by which compliance must be
accomplished, and that said license shall not be renewed beyond
said date.
All distances referred to in this subsection shall be
measured between the closest points on the exterior property
lines or area boundaries of the parcels or areas involved,
except that when a hot tub/sauna establishment subject to the
provisions of this section occupies one unit of a multi-unit
structure located on a single parcel, distances shall be
measured from the exterior boundaries of the unit so occupied.
SECTION 4. Paragraph (2) of subsection (d) of section
8.10.050 of Chapter 8.10, Title 8 [Trees and Vegetation] of the
Palo Alto Municipal Code is hereby amended to read as follows:
(2) Removal is permitted as part of architectural
review approval under chapter 18.7·6 (Permits and Approvals) of
this code, because retention of the tree would result in
reduction of the otherwise-permissible building area by more
than twenty-five percent. In such a case, the approval shall be
conditioned upon replacement in accordance with the standards in
the Tree Technical Manual.
SECTION 5. Section 8.10.060 of Chapter 8.10, Title 8
[Trees and Vegetation] of the Palo Alto Municipal Code is hereby
amended to read as follows:
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8.10.060 No limitation of authority under Titles 16
and 18.
Nothing in this chapter limits or modifies the existing
authority of the city under Title 18 (Zoning Ordinance) to
require trees and other plants no~ covered by this chapter to be
identified, retained, protected, and/or planted as conditions of
the approval of development. In the event of conflict between
provisions of this chapter and conditions of any permit or other
approval granted pursuant to Title 16 or Title 18, the more
protective requirements shall prevail.
SECTION 6. Section 8.10.140 of Chapter 8.10, Title 8
[Trees and Vegetation] of the Palo Alto Municipal Code is hereby
amended to read as follows:
8.10.140 Appeals.
Any person seeking the director I s approval to remove a
protected tree pursuant to this Ordinance who is aggrieved by a
decision of the director may appeal such decision in accordance
with the procedures set forth in Chapter 18.78 (Appeals)
SECTION 7. Subsection (b) of section 9.04.020 of
Chapter 9.04, Title 9 [Public Peace, Morals, and Safety] of the
Palo Alto Municipal Code is hereby amended to read as follows:
(b) Permits. Notwithstanding subsection (a) of this
section, in conjunction with a conditional use permit for a
temporary use issued pursuant to Section 18.88.200, the zoning
administrator or his designee may grant to any Palo Alto
resident, business entity, or organization doing business in
Palo Alto an authorization for consumption of alcoholic
beverages in and upon the following parking lots or garages: Lot
D, Lot P, Lot R, Lot S, Lot N, Lot 0, Lot Q, Lot C-4, Lot C-5,
and Lot C-8. No authorization for consumption of alcoholic
beverages hereunder shall be granted for or shall be effective
during any days or hours other than Monday, Tuesday, Wednesday,
Friday and Saturday six p.m. to eleven p.m., and Sunday ten a.m.
to eleven p.m. No such authorization shall be granted if the
zoning administrator determines it would interfere with normal
operations or usage of said parking lot. The zoning
administrator may require applicant to furnish any information
necessary to review and consider the application and shall
require applicant to provide insurance naming the ci ty of Palo
Alto as an additional insured party to the policy with minimum
coverage as required by city as a condition to issuance of such
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permit. The applicable fee shall be that set forth
municipal fee schedule for conditional use permits
temporary use.
in the
for a
SECTION 8. Section 16.20.020 of Chapter 16.20, Title 16
[Building Regulations] of the Palo Alto Municipal Code is hereby
amended to read as follows:
16.20.020 Design review required.
(a) No person shall erect or cause to be erected any
sign upon any fence, post, pole, tree, building, or any other
structure, or attached to any standing vehicle in the city
without first applying for and receiving architectural review
approval of the sign's location, design and dimensions pursuant
to chapter 18.76 (Permits and Approvals).
(b) Application for design review shall be filed with
the planning division in such form,and contain such information
as the planning division may require. Said application shall be
accompanied by a fee as set forth in the municipal fee schedule.
Regulations that are more restrictive than those set forth in
this chapter may be required pursuant to architectural review
approval under chapter 18.76 (Permits and Approvals). The
architectural review board, in making recommendations on the
design of a sign to the director of planning and community
environment, shall take into consideration the design guidelines
adopted by the architectural review board.
SECTION 9. Section 16.20.030 of Chapter 16.20, Title 16
[Building Regulations] of the Palo Alto Municipal Code.is hereby
amended to read as follows:
16.20.030 Master sign program.
Upon payment of a fee as set forth in the municipal fee
schedule, an applicant may request architectural review approval
of a master sign program in accordance with chapter 18.76
(Permits and Approvals), or through the city council for signs
in areas or for proj ects subj ect to site and design review
pursuant to Chapter 18.82. "Master sign program" means a program
allowing the occupants of a building or proj ect including a
number of buildings to combine the total lawful sign coverage
into one or more lawful signs in an integrated design concept.
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The master sign program shall
locations and areas of all signs in the
typical sign designs, colors and faces.
designate the sign
program, as well as
Pursuant to the approval
subsequent individual signs may
design review.
of
be
the master sign
erected without
program,
further
SECTION 10. Section 16.20.040 of Chapter 16.20, Title
16 [Building Regulations] of the Palo Alto Municipal Code is
hereby amended to read as follows:
16.20.040 Exoeption prooedure.
(a) An application for exception from any of the
regulations of this chapter (except a temporary sign which is
regulated by Section 16.20.050) may be made in conjunction with
an application for architectural review approval under chapter
18.76 (Permits and Approvals), in such form and including such
information as the director of planning and community
environment may prescribe. Such application shall be accompanied
(1) by the written consent of the property owner and (2) by the
application fee set forth in the municipal fee schedule. An
exception may be approved by the director of planning and
community environment or city council, if on application and/or
the facts presented, it is found that:
(1) There are exceptional or extraordinary
circumstances or conditions applicable to the property involved
that do not apply generally to property in the same district;
(2) The granting of the application is necessary for
the preservation and enjoyment of a substantial property right
of the applicant and to prevent unreasonable property loss or
unnecessary hardships;
(3) The granting of the application will not be
in the
health,
detrimental or injurious to property or improvements
vicinity and will not be detrimental to the public
safety, general welfare or convenience.
In granting any such exception,
condi tions or restrictions as are deemed
necessary to protect the public health, safety,
or convenience, and to secure the purposes of
be imposed.
012104jea6030026 6
such reasonable
appropria te or
general welfare,
this chapter may
SECTION 11. Subsection (a) of section 16.20.050 of
Chapter 16.20, Title 16 [Building Regulations] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(a) General application may be made for a temporary
sign as defined in Section 16.20.010 upon payment of an
application fee as set forth in the municipal fee schedule. The
chief building official may, but need not, r~fer the application
for architectural review approval pursuant to chapter 18.76
(Permits and Approvals). A temporary sign permit shall be issued
for an uninterrupted period of no longer than thirty days, with
specified beginning and ending dates. The period of the permit
may be extended once for an additional fifteen days upon the
payment of a fee as set forth in the municipal fee schedule. In
granting a temporary sign permi t, such reasonable condi tions or
restrictions as are deemed appropriate or necessary to protect
the public health, safety, general welfare, or convenience, and
to secure the purposes of this chapter may be imposed.
SECTION 12. Paragraph (4) of subsection (a) of section
16.20.100 of Chapter 16.20, Title 16 [Building Regulations] of
the Palo Alto Municipal Code is hereby amended to read as
follows:
(4) Application may be made for an encroachment
permi t pursuant to Chapter 12.12 for a portable sign to be
placed on public property. The department of public works may
grant such an encroachment permit only upon architectural review
approval of the sign pursuant to chapter 18.76 (Permits and
Approvals) and pursuant to the guidelines for portable signs
adopted by the architectural review board.
SECTION 13. Subsection (b) of section 16.20.110 of
Chapter 16.20, Title 16 [Building Regulations] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(b) The sign required by this section shall conform
to the requirements of Article 8 (commencing with Section
20880), Chapter 7, Division 8 of the Business and Professions
Code and the other requirements of this chapter, but is exempt
from archi tectural review approval pursuant to chapter 18.76
(Permits and Approvals) and the requirements of Chapter 18.82
(Site and Design Review) of this code. The permit required by
Section 16.20.020 shall be issued without fee.
SECTION 14. Paragraph (5) of subsection (a) of section
16.20.160 of Chapter 16.20, Title 16 [Building Regulations] of
012104jea6030026 7
the Palo Alto Municipal Code is hereby amended to read as
follows:
(5) Off-site Advertising by Art Organizations.
Nonprofit organizations having tax exempt status which are
located wi thin the city and which have been established solely
for the purpose of supporting the performing and cuI tural arts
in the city and other jurisdictions shall be permitted to
utilize walls for off-site murals which may incorporate wording
to name, designate, or identify the organization and/or the
arts. The application shall be made jointly by the nonprofi t
organization and the property owner who owns the property where
the mural is to be located. Said application shall be subject to
review by the visual arts Jury in accordance with the provisions
of Chapter 2.26 and shall require architectural review approval
pursuant to chapter 18.76 (Permits and Approvals). Additionally,
the following provisions shall apply:
(A) The provisions of Section 16.20.130 shall be
applicable to said murals except that no part of a mural shall
be counted as part of the allowable sign area for the off-site
location.
(B) Murals must be painted directly on a building
wall; no pennants or the like may be used.
(C) The property owner shall give his/her consent to
erect, maintain, and remove the mural.
(D) The mural must be properly maintained by the
nonprofit organization.
(E) The visual arts jury shall establish a maximum
time period for the existence of a mural.
(F) The property owner shall be responsible
removing the mural at the completion of the authorized
period; however, nothing shall prevent an agreement that
nonprofit organization shall pay for and remove the mural.
for
time
the
(G) No organization shall be permi tted to have more
than two off-site advertising murals at anyone time.
(H) Murals which are erected on city property or with
city moneys shall be regulated solely by the provisions of
Section 16.20.100 and Chapter 2.26.
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SECTION 15. Subsection (d) of section 16.20.170 of
Chapter 16.20, Title 18 [Building Regulations] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(d) Notwithstanding any other provision of this
chapter, when architectural review approval is required pursuant
to chapter 18.76 (Permits and Approvals), one type of sign may
be disapproved where a combination of two or more types is
permitted.
SECTION 16. Section 16.24.090 of Chapter 16.24, Title
16 [Building Regulations] of the Palo Alto Municipal Code is
hereby amended to read as follows:
16.24.090 variances.
A variance to any of the requirements of this chapter
may be granted in accordance with the provisions and procedures
set forth in chapter 18.76 (Permits and Approvals) of this code,
except that no variance may be granted to the requirements
contained in Section 16.24.040 or 16.24.070.
SECTION 17. Subsection (b) of section 16.46.030 of
Chapter 16.46, Title 16 [Building Regulations] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(b) The following uses shall be exempt from the
requirements of this chapter:
(1) An on-site cafeteria, recreational facility,
and/or day care facility to be provided for employees and/or
their children and not open to the general public;
(2 )
facility;
An accessory hazardous materials storage
(3) Residential uses;
(4) Temporary uses of less than six months' duration;
(5) The replacement of existing square
nonexempt use. "Replacement" shall mean that
receives architectural review approval pursuant to
(Permi ts and Approvals) wi thin one year of the
being demolished;
012104 jea 6030026 9
footage of a
the new use
chapter 18.76
previous use
(6) Uses that have received architectural review
approval pursuant to chapter 18.76 (Permits and Approvals) on or
before the date this chapter becomes effective.
SECTION 18. Subsection (c) of section 16.47.020 of
Chapter 16.47, Title 16 [Building Regulations] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(c) New gross square footage that replaces nonexempt
uses shall not be considered gross square footage for the
purposes of the ordinance codified in this chapter. "Replaces"
means that the new gross square footage receives architectural
review approval pursuant to chapter 18. 76 (Permi ts and
Approvals) within one year of the previous nonexempt uses being
demolished;
SECTION 19. Paragraph (3) of subsection (c) of section
16.47.040 of Chapter 16.47, Title 16 [Building Regulations] of
the Palo Alto Municipal Code is hereby amended to read as
follows:
(3)
into between
architectural
chapter 18.76
A below market rate agreement shall be entered
the city and the developer at the time of
review approval of the development pursuant to
(Permits and Approvals) .
SECTION 20. Subsection (g) of section 16.47.040 of
Chapter 16.47, Title 16 [Building Regulations] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(g) At the time of a developer's application for
architectural review approval pursuant to chapter 18.76 (Permits
and Approvals), or, if no architectural review is necessary, at
the time of an application for a building permit, the developer
must notify the director of planning and community environment
whether units or an in-lieu payment will be provided to the
city. The housing requirement shall then be placed as a
condition on the director's approval of the p~oject pursuant to
chapter 18.77 (Procedures for Permits and Approvals) or as a
condition on the issuance of a building permit by the division
of inspectional services.
SECTION 21. Chapter
hereby deleted from Title
Municipal Code.
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16.48
16
.10
(Architectural Review)
[Building] of the Palo
is
Alto
SECTION 22. Subparagraph {A} of paragraph {1} of
subsection (a) of Section 16.49.050 of Chapter 16.49, Title 16
[Building Regulations] of the Palo Alto Municipal Code is hereby
amended to read as follows:
{A} Architectural review approval pursuant to chapter
18.76 (Permits and Approvals) is required for any historic
structure/ si te in the downtown area and any signi ficant
structure/ si te elsewhere in the city, other than single-family
and duplex residences. The architectural review board shall
refer applications to the historic resources board for a
recommendation on the proposed alteration of the structure.
SECTION 23. Subparagraph {C} of paragraph (2) of
subsection (b) of Section 16.49.050 .of Chapter 16.49, Title 16
[Building Regulations] of the Palo Alto Municipal Code is hereby
amended to read as follows:
{C} Appeals. Any interested party may appeal to the
city council the decision of the architectural review board not
to recommend approval of an application for a building permit to
alter the exterior of any historic structure in the downtown
area, or a significant structure elsewhere in the city or in a
historic district. Such appeal shall be processed in accordance
with Chapter 18.78 (Appeals).
SECTION 24. A new paragraph (44.5) is added to
subsection (a) of section 18.04.030 of Chapter 18.04, Title 18
[Zoning] of the Palo Alto Municipal Code, to read as follows:
(44.5) "Days" means calendar days, provided, if the last
day upon which an action is to be taken is a weekend or official
holiday, or a day upon which the city clerk's office is not open
to the public, the time for completing the action shall be
extended through the next business day.
SECTION 25. The introductory paragraph of section
18.10.040 of Chapter 18.10, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.10.040 Conditional Uses.
The following uses may be conditionally allowed in the
RE residential estate district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
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[No further changes are made to this section, except as
provided in later sections of this ordinance]
SECTION 26. Subsection (i) of section 18.10.040 of
Chapter 18.10, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(i) Temporary uses, subject to regulations
established by Chapter 18.88.200;
SECTION 27. The introductory paragraph of section
18.10.050 of Chapter 18.10, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.10.050 Site development regulations.
The following site development regulations shall apply
in the RE residential estate district; provided that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 28. The introductory paragraph of Section
18.12.040 of Chapter 18.12, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.12.040 Conditional uses.
The following uses may be conditionally allowed in the
R-1 single-family residence district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 29. Subsection (f) of Section 18.12.040 of
Chapter 18.12, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(f) Temporary uses, subject to regulations
established by Chapter 18.88.200;
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SECTION 30. The introductory paragraph of Section
18.12.650 of Chapter 18.12, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.12.050 Site development regulations.
The following site development regulations shall apply
in the R-1 single-family residence district. Modifications of
some regulations may be applicable if the R-1 single-family
residence district is combined with the special building site
combining district. More restrictive regulations may be approved
as part of architectural review pursuant to chapter 18.76
(Permits and Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 31. Subsection (d) of Section 18.12.060 of
Chapter 18.12, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(d) Underground parking shall be prohibi ted for
single-family uses, except pursuant to a variance granted in
accordance with the provisions of chapter 18.76 (Permits and
Approvals) of this title, in which case the area of the
underground garage shall be counted in determining the floor
area ratio permitted pursuant to Section 18.12.050.
SECTION 32. Paragraph (1) of subsection (a) of section
18.12.070 of Chapter 18.12, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(1) Such uses shall be permitted to remodel, improve,
or replace site improvements for continual use and occupancy by
the same usei provided, that any such remodeling, improvement or
replacement shall not result in increased floor area, or number
of offices, nor shall such remodeling, improvement or
replacement result in shifting of· building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 33. Paragraph (2) of subsection (a) of section
18.12.070 of Chapter 18.12, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
OI2104jea6030026 13
(2) Any such 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 (Permits and Approvals).
SECTION 34. Subsection (b) of section 18.12.070 of
Chapter 18.12, Title 18 [Zoning] of the Pa19 Alto Municipal Code
is hereby amended to read as follows:
(b) Two-family uses, except where one of the units is
a legal nonconforming detached single-family dwelling, as
described in subsection (c), and multiple-family uses existing
on July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating pursuant
to a conditional use permit, or which uses were, prior to July
20, 1978, located in an R-l district which was imposed by reason
of annexation of the property to the city without benefit of
prezoningand which,. prior to the date of annexation,· were
lawful conforming permitted uses or conditional uses operating
subject to a conditional use permit, may remain as grandfathered
uses and shall not be subj ect to the provisions of Chapter
18.94. 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 j provided, that any such remodeling,
improvement or replacement shall not result in increased floor
area or number of dwelling units, nor shall such remodeling,
improvement or replacement result in shifting of building
footprint or increased height, length, building envelope, or any
other increase in the size of the improvement, or any increase
in the existing degree of noncompliance, except through the
granting of a design enhancement exception, with respect to
multiple-family uses, or a home improvement exception, with
respect to two-family uses, pursuant to chapter 18.76 (Permits
and Approvals). If a use deemed grandfathered pursuant to this
subsection (b) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use. A use deemed
grandfathered pursuant to this subsection (b) 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.
012104 jea 6030026 14
SECTION 35. Section 18.15.040 of Chapter 18.15, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.15.040 Site development regulations.
Within any R-l single-family ~esidence district which
may be combined with the special residential building site
combining district, the site development regulations specified
in the following table shall apply in lieu of the regulations
otherwise applicable within the R-l district; provided, that
more restrictive regulations may be approved as part of
architectural review pursuant to chapter 18.76 (Permits and
Approvals) :
District Minimum Site Area Minimum
Interior
Side Yard
General District
R-l 557 square meters 1.8 meters (6 feet)
(6,000 square
feet)
Combining
District
R-l (1858) 1,858 square 2.4 meters (8 feet)
meters (20,000
square feet)
R-l (929) 929 square meters 2.4 meters (8 feet)
(10,000 square
feet)
R-l (743) 743 square meters 2.4 meters (8 feet)
(8,000 square
feet)
R-l (650) 650 square meters 2.4 meters (8 feet)
(7,000 square
feet)
SECTION 36. The introductory paragraph of section
18.17.040 of Chapter 18.17, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.17.040 Conditional uses.
The following uses may be conditionally allowed in the
R-2 two-family residence district, subject to issuance of a
012104 jea 6030026 15
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :,
[No further changes are made to this section, unl'ess
provided in later sections of this ordinance]
SECTION 37. The introductory paragraph of section
18.17.040 of Chapter 18.17, Title 18 [Zoning] of the Palo' Alto
Municipal Code is hereby amended to read as follows:
(f) Temporary uses, subject to regulations
established by Chapter 18.88.200;
SECTION 38. Section 18.17.050 of Chapter 18.17, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.17.050 Site development regulations.
The following site development regulations shall apply
in the R-2 two-family residence district; provided, that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 39. Paragraph (1) of subsection (a) of section
18.17.070 of Chapter 18.17, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(1) Such uses shall be permitted to remodel, improve,
or replace site improvements for continual use and occupancy by
the same use; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area or number
of offices, nor shall such remodeling I improvement or
replacement result in shifting of building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 40. Paragraph (2) of subsection (a) of section
18.17.070 of Chapter 18.17, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
012104 jea 6030026 16
(2 ) Any such remodel ing , 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 (Permits and Approvals).
SECTION 41. Subsection (b) of section 18.17.070 of
Chapter 18.17, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(b) Two-family uses, except where one of the units is
a legal nonconforming detached single-family dwelling, as
described in subsection (c), and multiple-family uses existing
on July 20, 1978, and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating pursuant
to a conditional use permit, or which uses 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, may remain as grandfathered
uses and shall not be subject to the provisions of Chapter
18.94. 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 any such remodeling,
improvement, or replacement shall not result in increased floor
area 'or number of dwelling units, nor shall such remodeling,
improvement or replacement result in shifting of building
footprint or increased height, length, building envelope, or any
other increase in the size of the improvement, or any increase
in the existing degree of noncompliance, except through the
granting of a design enhancement exception, with respect to
multiple-family uses, or a home improvement exception, with
respect to two-family uses, pursuant to chapter 18.76 (Permits
and Approvals). If a use deemed grandfathered pursuant to the
provisions of this subsection (b) ceases and thereafter remains
discontinued for twelve consecutive months, it shall be
considered abandoned and may be replaced only by a conforming
use. A use deemed grandfathered pursuant to the provisions of
this subsection (b) 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.
SECTION 42. The introductory paragraph of section
18.19.040 of Chapter 18.19, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
012104 jea 6030026 17
18.19.040 Conditional uses.
The following uses may be conditionally allowed in the
RMD two unit multiple-family residence district, subject to
issuance of a conditional use permit in accord with chapter
18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 43. Subsection (f) of section· 18.19.040 of
Chapter 18.19, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(f) Temporary uses, subject to regulations
established by Chapter 18.88.200;
SECTION 44. Paragraph (1) of subsection (a) of section
18.19.070 of Chapter 18.19, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(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 any such
remodeling, improvement or replacement shall not result in
increased floor area or number of offices, nor shall such
remodeling, improvement or replacement result in shifting of
building footprint or increased height, length, building
envelope, or any other increase in the size of the improveme.nt,
or any increase in the existing degree of noncompliance, except
through the granting of a design enhancement exception, pursuant
to chapter 18.76 (Permits and Approvals).
SECTION 45. Paragraph (2) of subsection (a) of section
18.19.070 of Chapter 18.19, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(2) Any such 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 (Permits and Approvals).
SECTION 46. Subsection (b) of section 18.19.070 of
Chapter 18.19, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
012104 jea 6030026 18
(b) Multiple-family uses existing on July 20, 1978,
and which, prior to that date, were lawful conforming permitted
uses or conditional uses operating pursuant to a conditional use
permit may remain as grandfathered uses and shall not be subject
to the provisions of Chapter 18.94. Such uses shall be permitted
to remodel, improve, or replace si te improvements on the same
site for continual use and occupancy by the same use; provided,
that any such remodeling, improvement or replacement shall not
result in increased floor area or number of dwelling units, nor
shall such remodeling, improvement or replacement result in
shifting of building footprint or increased height, length,
building envelope, or any other increase in the size of the
improvement, or any increase in the existing degree of
noncompliance, except through the granting of a design
enhancement exception, pursuant to chapter 18.76 (Permits and
Approvals). If a use deemed grandfathered pursuant to this
subsection (b) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use. A use deemed
grandfathered pursuant to this subsection (b) which is changed
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.
SECTION 47. The introductory paragraph of section
18.22.040 of Chapter 18.22, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.22.040 Conditional uses.
The following uses may be conditionally allowed in the
RM-15 low density multiple-family residence district, subject to
issuance of a conditional use permit in accord with chapter
18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provi~ed in later sections of this ordinance]
SECTION 48. Subsection (f) of section 18.22.040 of
Chapter 18.22, Title 18 [zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(f) Temporary uses, subject to regulations
established by Chapter 18.88.200;
012104 jea 6030026 19
SECTION 49. The introductory paragraph of section
18.22.050 of Chapter 18.22, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
012104 jea 6030026 20
18.22.050 Site development regulations.
The following site development regulations shall appiy
in the .RM-15 low density multiple-family residence district;
provided that more restrictive regulations may be approved as
part of architectural review pursuant to chapter 18.76 (Permits
and Approvals) and pursuant to the multiple-family residential
guidelines set forth in Chapter 18.28:
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 50. Section 18.22.090 of Chapter 18.22, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.22.090 Special requirements.
The following special requirements shall apply in the
RM-15 low density multiple-family residence district:
(a) The site development regulations set forth in
Sections 18.12.050 through 18.12.080 of Chapter 18.12 of the
Palo Alto Municipal Cod~ shall apply to sites in single-family
use.
(b) Professional and medical office uses existing on
July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating subject
to a conditional use permit, or which uses were, prior to July
20, 1978, located in an RM-l or RM-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 subj ect to a conditional use permit, may remain as
grandfathered uses and shall not be subject to the provisions of
Chapter 18.94.
(i) Such uses shall be permitted to remodel, improve,
or replace site improvements for continual use and occupancy by
the same use; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area or number
of offices, nor shall such remodeling, improvement Or
replacement result in shifting of building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
012104 jea 6030026 21
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals) .
(2) Any such 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 (Permits and Approvals).
(3) If a use deemed grandfathered pursuant to this
subsection (b) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use.
(4) A use deemed grandfathered pursuant to this
subsection (b) 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.
(5) In the event of redevelopment of all or a portion
of the site for permitted residential uses, such 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.
(c) Two-family uses and multiple-family uses existing
on July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating pursuant
to a conditional use permit, or which uses were, prior to July
20, 1978, located in an RM-1 or RM-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 subj ect to a condi tional use permi t, may remain as
grandfathered uses and shall not be subject to the provisions of
Chapter 18.94. Such uses shall be permitted to remodel, improve,
or replace site improvements on the same site for continual use
and occupancy by the same usej provided, that any such
remodeling, improvement or replacement shall not result in
increased floor area or number of dwelling units, nor shall such
remodeling, improvement or replacement result in shifting of
building footprint or increased height, length, building
envelope, or any other increase in the size of the improvement,
or any increase in the existing degree of noncompliance, except
012104 jea 6030026 22
through the granting of a design enhancement exception, with
respect to multiple-family uses, or a home improvement
exception, with respect to two-family uses, pursuant to chapter
18.76 (Permits and Approvals). If a use deemed grandfathered
pursuant to this subsection (c) ceases and thereafter remains
discontinued for twelve consecuti ve months, it shall be
considered abandoned and may be replaced only by a conforming
use. A use deemed grandfathered pursuant to this subsection (c)
which is changed to or replaced by a conforming use shall not be
reestablished, and any portion of a si te 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.
(d) Motel uses existing on July 20, 1978, and which,
prior to that date, were lawful conforming permitted uses or
conditional uses operating subject to a conditional use permit,
may remain as grandfathered uses and shall not be subject to the
provisions of Chapter 18.94. Such uses shall be permitted to
remodel, improve, or replace site improvements on the same site
for continual use and occupan<::y by the same use; provided, that
any such remodeling, improvement or replacement shall not result
in increased floor area or number of dwelling units, nor shall
such remodeling, improvement or replacement result in shifting
of building· footprint or increased height, length, building
envelope, or any other increase in the size of the improvement,
or any increase in the existing degree of noncompliance, except
through the granting of a design enhancement exception, pursuant
to chapter 18.76 (Permits and Approvals). If a use deemed
grandfathered pursuant to this subsection (d) ceases and
thereafter remains discontinued for twelve consecutive months,
it shall be considered abandoned and may be replaced only by a
conforming use. A use deemed grandfathered pursuant to this
subsection (d) 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.
SECTION 51. Section 18.22.100 of Chapter 18.24, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.22.100 Reoyoling storage.
All new multiple-family residential development,
including multiple-family residential development that is part
012104 jea 6030026 23
of a mixed use development, shall provide adequate and
accessible interior areas or exterior enclosures for the storage
of recyclable materials in appropriate containers. The design,
construction and accessibility of recycling areas and enclosures
shall be subj ect to architectural review approval pursuant to
chapter 18.76 (Permits and Approvals). This requirement shall
apply only to multiple-family developments that utilize
dumpsters rather than individual curbside pickup for trash
collection.
SECTION 52. The introductory paragraph of section
18.24.040 of Chapter 18.24, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.24.040 Conditional uses.
The following uses may be conditionally allowed in the
RM-30 medium density multiple-family residence district, subject
to issuance of a conditional use permit in accord wi th chapter
18.76 {Permits and Approvals}:
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 53. Subsection {f} of section 18.24.040 of
Chapter 18.24, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(f) Temporary uses, subject to regulations
established by Chapter 18.88.200;
SECTION 54. Section 18.24.050 of Chapter 18.24, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.24.050 Site development regulations.
The following site development regulations shall apply
in the RM-30 medium density multiple-family residence district;
provided, that more restrictive regulations may be approved as
part of architectural review pursuant to chapter 18.76 (Permits
and Approvals) and pursuant to the multiple-family residential
guidelines set forth in Chapter 18.28:
[No further changes are made to this section, unless
provided in later sections of this ordinance]
012104 jea 6030026 24
SECTION 55. Section 18.24.090 of Chapter 18.24, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.24.090 Special requirements.
The following special requirements shall apply in the
RM-30 medium density multiple-family residence district:
(a) The
Sections 18.12.050
Palo Al to Municipal
use.
site development
through 18.12.080
Code shall apply
regulations set forth in
of Chapter 18.12 of the
to sites in single-family
(b) Professional and medical office uses existing on
July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating subject
to a conditional use permit, or which uses were, prior to July
20, 1978, located in an RM-3 or RM-4 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 subj ect to a conditional use permit, may remain as
grandfathered uses and shall not be subject to the provisions of
Chapter 18.94.
(1) Such uses shall be permitted to remodel, improve,
or replace site improvements for continual use and occupancy by
the same use; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area or number
of offices, nor shall such remodeling, improvement or
replacement result in shifting of building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals) .
(2) Any such 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 (Permits and Approvals).
(3) If a use deemed grandfathered pursuant to this
subsection (b) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use.
012104 jea 6030026 25
(4) A use deemed grandfathered pursuant to this
subsection (b) 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.
(5) In the event of redevelopment of all or a portion
of the site for permitted residential uses, such 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.
(c) Two-family uses and multiple-family uses existing
on July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating pursuant
to a conditional use permit, or which uses were, prior to July
20, 1978, located in an RM-3 or RM-4 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 subj ect to a conditional use permit, may remain as
grandfathered uses, and shall not be subject to the provisions
of Chapter 18.94. 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 any
such remodeling, improvement or replacement shall not result in
increased floor area or number of dwelling units, nor shall such
remodeling, improvement or replacement result in shifting of
building footprint or increased height, length, building
envelope, or any other increase in the size of the improvement,
or any increase in the existing degree of noncompliance, except
through the granting of a design enhancement exception, with
respect to multiple-family uses, or a home improvement
exception, with respect to two-family uses, pursuant to chapter
18.76 (Permits and Approvals). If a use deemed grandfathered
pursuant to this subsection (c) ceases and thereafter remains
discontinued for twelve consecutive months, it shall be
considered abandoned and may be replaced only by a conforming
use. A use deemed grandfathered pursuant to this subsection (c)
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
012104 jea 6030026 26
conforming use, shall not thereafter be used except to
accommodate a conforming use.
(d) Motel uses existing on July 20, 1978, and which,
prior to that date, were lawful conforming permitted uses or
conditional uses operating subject to a conditional use permit,
may remain as grandfathered uses, and shall not be subject to
the provisions of Chapter 18.94. Such uses shall be permitted to
remodel, improve, or replace site improvements on the same site;
provided, that any such remodeling, improvement or replacement
shall not result in increased floor area or number of dwelling
units, nor shall such remodeling, improvement or replacement
result in shifting of building footprint or increased height,
length, building envelope, or any other increase in the size of
the improvement, or any increase in the existing degree of
noncompliance, except through the granting of a design
enhancement exception, pursuant to chapter 18.76 (Permits and
Approvals). If a use deemed grandfathered pursuant to this
subsection (d) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use. A use deemed
grandfathered pursuant to this subsection (d) which is changed
to or replaced by a conforming use shall not be established, 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.
SECTION 56. Section 18.24.100 of Chapter 18.24, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.24.100 Recycling storage.
All new multiple-family residential development,
including multiple-family residential development that is part
of a mixed-use development, shall provide adequate and
accessible interior areas or exterior enclosures for the storage
of recyclable materials in appropriate containers. The design,
construction and accessibility of recycling areas and enclosures
shall be subject to architectural review approval pursuant to
chapter 18.76 (Permits and Approvals). This requirement shall
apply only to multiple-family developments that utilize
dumpsters rather than individual curbside pickup for trash
collection.
012104 jea 6030026 27
SECTION 57. The introductory paragraph of section
18.26.040 of Chapter 18.26, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.26.040 Conditional uses.
The following uses may be conditionally allowed in the
RM-40 high density multiple-family residence district, subject
to issuance of a conditional use permit in accord with chapter
18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 58. Subsection (f) of section 18.26.040 of
Chapter 18.26, Title 18 [Zoning'] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(f) Temporary uses, subject to regulations
established by Chapter 18.88.200;
SECTION 59. The introductory paragraph of section
18.26.050 of Chapter 18.26, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.26.050 Site development regulations.
The following site development regulations shall apply
in the RM-40 high density multiple-family residence district;
provided, that more restrictive regulations may be approved as
part of architectural review pursuant to chapter 18.76 (Permits
and Approvals) and pursuant to the multiple-family residential
guidelines set forth in Chapter 18.28:
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 60. Section 18.26.090 of Chapter 18.26, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.26.090 Special requirements.
The following special requirements shall apply in the
RM-40 high density multiple-family residence district:
012104 jea 6030026 28
(a) The site development regulations set forth in
Sections 18.12.050 through 18.12.080 of Chapter 18.12 of the
Palo Alto Municipal Code shall apply to sites in single-family
use.
(b) Professional and medical office uses existing on
July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating subject
to a conditional use permit, or which uses were, prior to
July 20, 1978, located in an RM-5 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, may remain as grandfathered
uses and shall not be subject to the provisions of Chapter
18.94.
(1) Such uses shall be permitted to remodel, improve,
or replace site improvements for continual use and occupancy by
the same use; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area or number
of offices, nor shall such remodeling, improvement or
replacement result in shifting of building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals) .
(2) Any such 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 (Permits and Approvals).
(3) If a use deemed grandfathered pursuant to this
subsection (b) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use.
(4) A use deemed graridfathered pursuant to this
subsection (b) 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.
012104 jea 6030026 29
(5) In the event of redevelopment of all or a portion
of the site for permitted residential uses, such 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.
(c) Two-family uses and multiple-family uses existing
on July 20, 1978 and which, prior to that date, were lawful
conforming permitted uses or conditional uses operating pursuant
to a conditional use permit, or which uses were, prior to July
20, 1978, located in an RM-5 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, may remain as grandfathered
uses, and shall not be subj ect to the provisions of Chapter
18 . 94 . Such uses shall be permi t ted to remodel, improve, or
replace site improvements on the same site, for continual use
and occupancy by the same use; provided, that any such
remodeling, improvement or replacement shall not result in
increased floor area or number of dwelling units, nor shall such
remodeling, improvement or replacement result in shifting of
building footprint or increased height, length, building
envelope, or any other increase in the size of the improvement,
or any increase in the existing degree of noncompliance, except
through the granting of a design enhancement exception, pursuant
to chapter 18.76 (Permits and Approvals), with respect to
multiple-family uses or a home improvement exception, pursuant
to Chapter 18.90, with respect to two-family uses. If a use
deemed grandfathered pursuant to this subsection (c) ceases and
thereafter remains discontinued for twelve consecutive months,
it shall be considered abandoned and may be replaced only by a
conforming use. A use deemed grandfathered pursuant to this
subsection (c) 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.
(d) Motel uses existing on July 20, 1978, and which,
prior to that date, were lawful conforming permitted uses or
conditional uses operating subject to a conditional use permit,
may remain as grandfathered uses, and shall not be subj ect to
the provisions of Chapter 18.94. Such uses shall be permitted to
remodel, improve, or replace site improvements on the same site;
012104 jea 6030026 30
provided, that any such remodeling, improvement or replacement
shall not result in increased floor area or number of dwelling
units, nor shall such remodeling, improvement .or replacement
result in shifting of building footprint or increased height,
length, bu,ilding envelope, or any other increase in the size of
the improvement, or any increase in the existing degree of
noncompliance, except through the granting of a design
enhancement exception, pursuant to chapter 18.76 (Permits and
Approvals). If a use deemed grandfathered pursuant to this
subsection (d) ceases and thereafter remains discontinued for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use. A use deemed
grand fathered pursuant to this subsection (d) 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.
SECTION 61. Section 18.26.100 of Chapter 18.26, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.26.100 Recycling storage.
All new multiple-family residential development,
including multiple-family residential development that is part
of a mixed use development, shall provide adequate and
accessible interior areas or exterior enclosures for the storage
of recyclable materials in appropriate containers. The design,
construction and accessibility of recycling areas and enclosures
shall be subject to architectural review approval pursuant to
chapter 18.76 (Permits and Approvals). This requirement shall
apply only to multiple-family developments that utilize
dumpsters rather than individual curbside pickup for trash
collection.
SECTION 62. Section 18.28.020 of Chapter 18.28, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.28.020 Applicability of regulations.
The guidelines of this chapter shall be applicable to
all RM-15 , RM-30 and RM-40 multiple-family residence districts.
The recommendation for final approval of the architectural and
design elements of any proj ect remains with the architectural
012104 jea 6030026 31
review board as part of architectural review pursuant to chapter
18.76 (Permits and Approvals). The architectural review board
retains the authority to interpret guidelines on a proj ect-by-
project basis in order to most effectively fulfill the specific
purposes listed in Section 18.28.010.
SECTION 63. Section 18.30.020 of Chapter 18.30, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.30.020 Applicability of regulations.
The neighborhood preservation combining district may be
combined with any multiple-family residence district, in accord
wi th Chapters 18.08 and 18.98. Where so combined, the
regulations established by this chapter shall apply in addition
to the provisions established by such underlying multiple-family
district.
SECTION 64. Subsection (a) of section 18.30.040 of
Chapter 18.30, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(a) Design Approval Required. No design review shall
be required for construction of or modifications to single-
family structures which constitute the only principal structure
on a parcel of land, or for properties on which two or more
residential units are developed or modified, provided that the
second dwelling unit conforms to the requirements in subsection
(d) and the development standards of the underlying district.
For properties on which two or more residential units are
developed or modified, architectural review is required pursuant
to chapter 18.76 {Permits and Approvals} for any new development
or modification to' any structure on the property and for site
amenities.
SECTION 65. The introductory paragraph of section
18.32.040 of Chapter 18.32, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.32.040 Conditional uses.
The following uses may be conditionally allowed in the
PF public facilities district, subject' to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
012104 jea 6030026 32
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 66. The introductory paragraph of section
18.32.050 of Chapter 18.32, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.32.050 Site development ~egulations.
The following site development regulations shall apply
in the PF public facilities district, provided that more
restrictive regulations may be recommended by the architectural
review board and approved by the diredtor of planning and
community environment, pursuant to chapter 18.76 (Permits and
Approvals) of the Palo Alto Municipal Code:
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 67. Section 18.32.080 of Chapter 18.32, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows: .
18.32.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 68. The introductory paragraph of section
18.37.040 of Chapter 18.7, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.37.040 Conditional uses.
The following uses may be conditionally allowed in the
OR office research district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
012104 jea 6030026 33
SECTION 69. The introductory paragraph of section
18.37.050 of Chapter 18.37, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.37.050 Site development regulations.
The following site development regulations shall apply
in the OR office research district, provided that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals).
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 70. Section 18.37.080 of Chapter 18.37, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.37.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
,to architectural review approval pursuant to chapter 18.76
(Permits and Approvals)
SECTION 71. The introductory paragraph of subsection
(b) of section 18.41.035 of Chapter 18.41, Title 18 [Zoning] of
the Palo Alto Municipal Code is hereby amended to read as
follows:
(b) Conditionally Permitted Uses. The following uses
may be conditionally allowed, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this subsection, unless
provided in later sections of this ordinance]
SECTION 72. Subsection (b) of section 18.41.037 of
Chapter 18.41, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
012104 jea 6030026 34
(b) Conditionally Permitted Uses. The following uses
may be conditionally allowed subj ect to issuance of a
conditional use permit in accordance with chapter 18.76 (Permits
and Approvals)and paragraph (e) of this Section 18.41.037:
[No further changes are made to this subsection, unless
provided in later sections of this ordinance]
SECTION 73. Subsection (g) of section 18.41.037 of
Chapter 18.411 Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(g) Pedestrian Design Features Required. On any site
or portion of a site adjoining a designated pedestrian sidewalk
or pedestrian way, new construction and alterations to existing
structures shall provide 1 as determined by the architectural
review boardl the following features intended to create
pedestrian or shopper interestl to provide weather protection
for pedestrians, and to preclude inappropriate or inharmonious
building design and siting:
(1) Display windows, or retail display areas;
(2) Pedestrian arcades 1 recessed entryways, or
covered recessed areas designed for pedestrian use with an area
no less than the length of the adj oining frontage times 1.5
feet;
(3) Landscaping or architectural design features
intended to preclude blank walls or building faces.
The specific nature and requirements of pedestrian
design features shall be determined as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals). The
designated pedestrian sidewalks and pedestrian ways are shown on
Exhibit B attached.
SECTION 74. The introductory paragraph of section
18.41.040 of Chapter 18.411 Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.41.040 Conditional uses.
The following uses may be conditionally allowed in the
CN neighborhood commercial district l subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
012104 jea 6030026 35
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 75. The introductory paragraph of section
18.41.050 of Chapter 18.41, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.41.050 Site development regulations.
The following site development regulations shall apply
in the CN neighborhood commercial district, provided that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 76. Subsection (k) of section 18 ~ 41. 050 of
Chapter 18.41, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(k) Size of Establishment. Permitted commercial uses
shall not exceed the floor area per individual use or business
establishment shown in the following table. Such uses may be
allowed to exceed the maximum establishment size, subject to
issuance of a conditional use permit in accord with chapter
18.76 (Permits and Approvals).
The maximum establishment size for any conditional use
shall be established by the zoning administrator and specified
in the conditional use permit for such use.
Use Maximum Gross Floor Area
Personal services 232 square meters (2 f 500
square feet)
Retail services, except 1,394 square meters (15,000
grocery stores square feet)
Grocery stores 1,858 square meters (20,000
square feet)
Eating and drinking 465 square meters (5,000
services square feet)
Neighborhood business 232 square meters (2,500
services square feet)
012104 jea 6030026 36
SEC.TION 77. Section 18.41.080 of Chapter 18.41, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.41.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 78. The introductory paragraph of section
18.43.040 of Chapter 18.43, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.43.040 Conditional uses.
The following uses may be conditionally permitted in the
CC community commercial district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 79. The introductory paragraph of section
18.43.050 of Chapter 18.43, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.43.050 Site development regulations.
The following site development regulations shall apply
in the CC community commercial district. When the CC community
commercial district is combined with the pedestrian shopping
combining district or with the civic center combining district,
more restrictive regulations may apply. Also, more restrictive
regulations may be approved as part of architectural review
pursuant to chapter 18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
012104 jea 6030026 37
SECTION 80. Section 18.43.080. of Chapter 18.43, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.43.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 81. The introductory paragraph of section
18.44.040 of Chapter 18.45, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.44.040 Site development regulations.
Within a CC(2) district, the site development
regulations specified below shall apply in lieu of the
regulations otherwise applicable wi thin the CC district,
provided that more restrictive regulations may be approved as
part of architectural review pursuant to chapter 18.76 (Permits
and Approvals) .
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 82. The introductory paragraph of section
18.45.040 of Chapter 18.45, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.45.040 Conditional uses.
The following uses may be conditionally allowed in the
CS service commercial district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this section,. unless
provided in later sections of this ordinance]
012104 jea 6030026 38
SECTION 83. The introductory paragraph of section
18.45.050 of Chapter 18.45, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.45.050 Site development regulations.
The following site development regulations shall apply
in the CS service commercial district, provided that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals)i
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 84. Paragraph (2) of subsection (f) of section
18.45.070 of Chapter 18.45, Title 18 [Zoning] of the Palo Alto
Municipal Cod.e is hereby amended to read as follows:
(2) Such uses may be allowed to exceed the maximum
size, subject to issuance of a conditional use permit in accord
with chapter 18.76 (Permits and Approvals). The maximum size for
any conditional use shall be established by the zoning
administrator and specified in the conditional use permit for
such use.
SECTION 85. Section 18.45.080 of Chapter 18.45, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.45.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 86. The introductory paragraph of section
18.46.050 of Chapter 18.46, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
012104jea6030026 39
18.46.050 Conditional uses.
The following uses may be conditionally permitted in an
R district, subject to the issuance of a conditional use permit
in accord with chapter 18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 87. Section 18.46.060 of Chapter 18.46, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.46.060 Special requirements.
The following special requirements shall apply in the R
retail shopping combining district:
Lawful conforming permitted uses or conditional uses
operating pursuant to a conditional use permit which were
existing on April 26, 1984 may remain as grandfathered uses and
shall not require a conditional use permit or be subject to the
provisions of Chapter 18.94. 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
any such remodeling, improvement or replacement shall not result
in increased floor area, nor shall such remodeling, improvement
or replacement result in shifting of building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals). If a use deemed grandfathered pursuant
to this section ceases and thereafter remains discontinued· for
twelve consecutive months, it shall be considered abandoned and
may be replaced only by a conforming use. A use deemed
grandfathered pursuant to this section 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.
SECTION 88. Section 18.47.040 of Chapter 18.47, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
012104jea6030026 40
18.47.040
regulations.
Use limitations and site development
(a) Pedestrian Design Features Required. On any site,
or portion of a site, adjoining a designated pedestrian sidewalk
or pedestrian way, new construction and alterations to existing
structures shall be required as determined by the architectural
review board, to provide the following design features intended
to create pedestrian or shopper interest, to provide weather
protection for pedestrians, and to preclude inappropriate or
inharmonious building design and siting:
(1) Display windows, or retail display areas;
(2) Pedestrian arcades, recessed entryways, or
covered recessed areas designed for pedestrian use with an area
not less than the length of the adjoining frontage times 0.5
meters (1.5 feet);
(3) Landscaping or architectural design features
intended to preclude blank walls or building faces.
The specific nature and requirements of pedestrian
design features shall be determined as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals).
(b) Parking and Vehicular Access Restricted.
Vehicular access to sites adjoining designated pedestrian
sidewalks or pedestrian ways which requires vehicular movement
across such pedestrian sidewalks or pedestrian ways shall be
prohibited, except where required by law or as may be authorized
by a use permit in accord with chapter 18.76 (Permits and
Approvals) .
SECTION 89. Section 18.47.050 of Chapter 18.47, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read·as follows:
18.48.050 Special requirements.
Hotels in the CC(H) or CS(H) District shall be permitted
to develop beyond the density otherwise permitted in the CC or
CS District, whichever is applicable, up to a maximum 0.6 to 1
floor area ratio, only upon issuance of a conditional use permit
in accord with chapter 18.76 (Permits and Approvals), and
subject to site and design review in accord with Chapter 18.82.
012104 jea 6030026 41
SECTION 90. Section 18.49.030 of Chapter 18.49, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.49.030 Repeal of regulations.
Beginning on the effective date of this chapter, the
department of planning and communi ty environment shall monitor
the number of square feet approved for nonresidential
development in the CD district and the number of square feet
approved for nonresidential development pursuant to a planned
community (PC) zone (Chapter 18.68) if the site of the PC zone
was within the CD district on the effective date of this
chapter. When three hundred fifty thousand square feet of
nonresidential development have received architectural review
approval pursuant to chapter 18.76 (Permits and Approvals) or
have received building permits, if no design approval is
required, this chapter shall be repealed and a moratorium shall
be imposed. This moratorium shall prohibit the city's acceptance
or processing of any application for planning approval or a
building permit for new nonresidential square footage in the CD
district. This moratorium shall remain in effect for one year
while the city undertakes a study of what regulations would be
appropriate in the CD district. The moratorium may be extended
by the council until such study is completed and appropriate
regUlations are implemented.
SECTION 91. Section 18.49.060 of Chapter 18.49, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.49.060 Site development regulations.
The site development regulations in the CD-C, CD-S and
CD-N subdistricts are set forth in the following matrix,
provided that more restrictive regulations may be approved as
part of architectural review pursuant to chapter 18.76 (Permits
and Approvals). General regulations that apply throughout the CD
District are set forth in Section 18.49.040. Additional
regulations for the CD-C subdistrict are set forth in Section
18.49.070. Additional regulations for the CD-S subdistrict are
set forth in Section 18.49.080. Additional regulations for the
CD-N subdistrict are set forth in Section 18.49.090.
SECTION 92. Subsection (e) of section 18.49.090 of
Chapter 18.49, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
012104 jea 6030026 42
(e) Size of Commercial Establishments. Permitted
commercial uses shall not exceed the floor area per individual
use or business establishment shown in the following table. Such
uses may be allowed to exceed the maximum establishment size,
subject to issuance of a conditional use permit in accordance
with chapter 18.76 (Permits and Approvals). The maximum
establishment size for any conditional use shall be established
by the zoning administrator and specified in the conditional use
permit for such use.
Use Maximum Gross Floor Area
Personal Services 232 square meters (2,500
square feet)
Retail Services, except 1,394 square meters (15,000
grocery stores square feet)
Grocery Stores 1,858 square meters (20,000
square feet)
Eating and drinking 465 square meters (5,000
services square feet)
SECTION 93. Section 18.49.140 of Chapter 18.49, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.49.140 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 94. The introductory paragraph of section
18.50.030 of Chapter 18.50, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.50.030 Conditional uses.
(a) The following uses may be conditionally allowed
on the ground floor in the GF ground floor combining district,
subject to issuance of a conditional use permit in accord with
chapter 18.76 (Permits and Approvals) and with the additional
finding required by subsection (b):
012104 jea 6030026 43
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 95. Subsection (b) of section 18.50.030 of
Chapter 18.50, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(b) The director may grant a conditional use permit
under this section only if he or she makes the following finding
in addition to the findings required by chapter 18.76 (Permits
and Approvals): The location, access or design of the ground
floor space of the existing building housing the proposed use,
creates exceptional or extraordinary circumstances or conditions
applicable to the property involved that do not apply generally
to property in the same district.
SECTION 96. The introductory paragraph of section
18.55.040 of Chapter 18.55, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.55.040 Conditional uses.
The following uses may be conditionally allowed in the
GM general manufacturing district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Appr,ovals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 97. The introductory paragraph of section
18.55.050 of Chapter 18.55, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.55.050 Site development regulations.
The following development regulations shall apply in the
GM general manufacturing district, provided that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
012104jea6030026 44
SECTION 98. Subsection (f) of section 18.55.070 of
Chapter 18.55, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(f) Retail sales service uses or general business
office uses existing on January 13, 1986 and which, prior to
that date were lawful conforming permitted or conditional uses
operating subject to a conditional use permit, may remain as
grandfathered uses and shall not require a conditional use
permit or be subject to the provisions of Chapter 18.94. 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 any such remodeling, improvement
or replacement shall not result in increased floor area or
number of rooms, nor shall such remodeling, improvement or
replacement result in shifting of building footprint or
increased height, length, building envelope, or any other
increase in the size of the improvement, or any increase in the
existing degree of noncompliance, except through the granting of
a design enhancement exception, pursuant to chapter 18.76
(Permits and Approvals). If a use deemed grandfathered pursuant
to this subsection (f) ceases and thereafter remains
discontinued for twelve consecutive months, it shall be
considered abandoned and may be replaced only by a conforming
use. A use deemed grandfathered pursuant to this subsection (f)
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.
SECTION 99. Section 18.55.080 of Chapter 18.55, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.55.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
012104 jea 6030026 45
SECTION 100. The introductory paragraph of section
18.57.050 of Chapter 18.57, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.57.050 Conditional uses.
The following uses may be conditionally allowed in the
GM(B) district, subject to the issuance of a conditional use
permit in accord with chapter 18.76 (Permits and Approvals);
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 101. Section 18.57.070 of Chapter 18.57, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.57.070 Special requirements.
(a) Retail sales services uses existing on January
19, 1983 and which, prior to that date were lawful conforming
permitted or conditional uses operating subject to a conditional
use permit, may remain as grand fathered uses and shall not
require a conditional use permit or be subject to the provisions
of Chapter 18.94. Such uses shall be permitted to remodel,
improve, or replace si te improvements on the same si te, for
continual use and occupancy by the same use; provided, that any
such remodeling, improvement or replacement shall not result in
increased floor area or number of rooms, nor shall such
remodeling, improvement or replacement result in shifting of
building footprint or increased height, length, building
envelope, or any other increase in the size of the improvement,
or any increase in the existing degree of noncompliance, except
through the granting of a design enhancement exception, pursuant
to chapter 18.76 (Permits and Approvals). If a use deemed
grandfathered pursuant to this subsection (a) ceases and
thereafter remains discontinued for twelve consecutive months,
it shall be considered abandoned and may be replaced only by a
conforming use. A use deemed grandfathered pursuant to this
subsection (a) which is changed to or replaced by a conforming
use shall not be reestablished, and any portion of a site or any
portion of a building, the use of which changes from a
grandfathered use to a conforming use, shall not thereafter be
used except to accommodate a conforming use.
(b) General business office uses which existed on
September 6, 1984, and which, prior to that date were lawful
012104 jea 6030026 46
conforming permitted or conditional uses operating subject to a
conditional use permit may remain as grandfathered uses and
shall not require a conditional' use permit or be subject to the
provisions of Chapter 18.94. Such uses shall be permitted to
remodel, improve, or replace site improvements on the same site,
for continual use and occupancy by the same usei provided, that
any such remodeling, improvement or replacement shall not result
in increased floor area or number of rooms, nor shall such
remodeling, improvement or replacement result in shifting of
building footprint or increased height, length, building
envelope, or any other increase in the size of the improvement,
or any increase in the existing degree of noncompliance, except
through the granting of a design enhancement exception, pursuant
to chapter 18.76 (Permits and Approvals). No gross square
footage may be added for any other use on a site where a general
business office use is deemed a grandfathered use by application
of this subsection (b). If a use deemed grandfathered pursuant
to this subsection (b) ceases and thereafter remains
discontinued for twelve consecutive months, it shall be
considered abandoned and may be replaced only by a conforming
use. A use deemed grandfathered pursuant to this subsection (b)
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.
SECTION 102. The introductory paragraph of section
18.60.040 of Chapter 18.60, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.60.040 Conditional uses.
The following uses may be conditionally allowed in the
LM limited industrial/research park district, subject to
issuance of a conditional use permit in accord with chapter
18.76 (Permits and Approvals):
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 103. The introductory paragraph of section
18.60.050 of Chapter 18.60, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
012104jea6030026 47
18.60.050 Site development regulations.
The following site development regulations shall apply
in the LM limited industrial/research park district. When the LM
district is combined with the industrial site combining
district, the combining district regulations shall govern. More
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals).
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 104. Subsection (b) of section 18.60.070 of
Chapter 18.60, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(b) Sites abutting or having any portion located
within 45.7 meters (one hundred fifty feet) of any RE, R-1, R-2,
RM, or any PC district permitting single-family development or
multiple-family development, shall be subject to the following
additional height and yard requirements:
(1) On any portion of a site in the LM district which
abuts a site in any RE, R-1, R-2, RM, or applicable PC district,
a minimum interior yard of 6.1 meters (twenty feet), as
determined as part of architectural review pursuant to chapter
18.76 (Permits and Approvals), shall be required, and a solid
wall or fence of between 1.5 and 2.4 meters ( five and eight
feet) in height shall be constructed and maintained along the
common site line. The first 6.1 meters (twenty feet) of any such
yard abut~ing said residential district shall be planted and
maintained as a landscaped screen.
(2) On any portion of a site in the LM district which
is opposite from a site in any RE, R-1, R-2, RM, or applicable
PC district and separated therefrom by a street I alley, creek,
drainage facility, or other open area, a minimum yard of 6.1
meters (twenty feet) I as determined as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals), shall
be required. The first 6.1 meters (twenty feet) of any such yard
opposi te from said residential district shall be planted and
maintained asa landscaped screen.
SECTION 105. Section 18.60.080 of Chapter 18.60, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
. read as follows:
012104 jea 6030026 48
18.60.080 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 106. The introductory paragraph of section
18.63.040 of Chapter 18.63, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.63.040 Site development regulations.
Within any LM district which may be combined with the
limited industrial site combining district, the site development
regulations specified in the following table shall apply in lieu
of the regulations otherwise applicable within the LM district,
provided that more restrictive regulations may be approved as
part of architectural review pursuant to chapter 18.76 (Permits
and Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 107. The introductory paragraph of section
18.64.030 of Chapter 18.64, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.64.030 Site development regulations.
The following design requirements shall apply and the
following design guidelines are recommended for application to
any site or portion of a site in an OR, CN, CC, CS, CD, GM or LM
district located within one hundred fifty feet of a residential
district, for (1) new construction and (2) modifications of
existing buildings or site improvements which qualify as major
projects for the purposes of architectural review under Section
18.76.020 of the Palo Alto Municipal Code; provided, that more
restrictive regulations may be approved as part of architectural
review pursuant to chapter 18.76 (Permits and Approvals).
[No further changes are made to this section, unless
provided in later sections of this ordinance]
012104 jea 6030026 49
SECTION 108. Section 18.68.040 of Chapter 18.68, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.68.040 Conditional uses.
Any use may be established as a conditional use in any
specific PC district, provided such use shall be specifically
listed as a conditional use subject to the provisions of chapter
18.76 (Permits and Approvals), and shall be located and
conducted in accord with the approved development plan and other
applicable regulations adopted pursuant to this chapter to
govern each specific PC district.
SECTION 109. Section 18.68.065 of Chapter 18.68, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.68.065 Application process.
(a) The applicant for a PC district shall initially
submi t to the planning cOIrunission a development program
statement, development plan, and a development schedule which
are described in Sections 18.68.080, 18.68.090, and 18.68.100.
The plot plans, landscape development plan, and design plan in
the development plan should only be preliminary during this
phase of review by the planning commission.
(b) If the planning commission acts favorably in its
initial review of the PC application, the development plan shall
be submitted to the architectural review board for review,
except in the case of single-family and accessory uses. In this
phase, a detailed plot plan, landscape development plan, and
design plan of the development plan are required. The
archi tectural review board shall make a recommendation on the
development plan based on the findings for architectural review
in section 18.76.020(d).
(c) The development plan as approved by the
archi tectural review board is then returned to the planning
commission for final planning commission review and
recommendation before being submitted to the city council for
final action.
012104 jea 6030026 50
SECTION 110. Section 18.68.070 of Chapter 18.68, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.68.070 Application requirements.
In addition
application for a
development program
development schedule.
each
by a
and a
to the provisions of Chapter 18.98,
PC district shall be accompanied
statement, a development plan,
The development plan shall, as approved by the city
council, become a part of the zoning regulations applicable
wi thin the respecti ve PC district. Subsequent changes in the
development plan shall be made in accord with Chapters 18.98,
or, for minor changes, through the Architectural Review process,
as set forth in 18.76.020(b) (3) (D).
The development schedule shall, as approved by the city
council, become a part of the zoning regulations applicable
wi thin the respective PC district. Subsequent changes in the
development schedule, if included as part of the regulations,
shall be made in accord with Chapters 18.98 or, for minor
changes, through the Architectural Review process, as set forth
in 18.76.020 (b)( 3) (D) i provided, that specifically authorized
changes may be made by the zoning administrator pursuant to
Section 18.68.130.
SECTION 111. Subsection (c) of section 18.68.110 of
Chapter 18.68, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(c) Si te Development Regulations. Maximum or mlnlmum
regulations, as appropriate, governing site dimensions, required
yards and distances between buildings, site coverage, building
height, residential density, and floor area ratio, open space
requirements, accessory facilities and uses, and other aspects
of the proposed development within the district. The regulations
may be in text, or by reference to the development plan, or
both. In no event shall the maximum height exceed 15.2 meters
(fifty feet) except as provided in chapter 18.76 (Permits and
Approvals) ;
SECTION 112. Section 18.68.170 of Chapter 18.68, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
012104 jea 6030026 51
18.68.170 Recycling storage.
All new development, including approved modifications
that add thirty percent or more floor area to existing uses,
shall provide adequate and accessible interior areas or exterior
enclosures for the storage of recyclable materials in
appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject
to architectural review approval pursuant to chapter 18.76
(Permits and Approvals) .
SECTION 113. Section 18.71.030 of Chapter 18.71, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.71.030 Regulations established.
The specific regulations set forth in this chapter and
the regulations set forth in Chapter 18.88 shall apply in alIOS
districts; provided, that more restrictive regulations may be
approved as part of architectural review pursuant to chapter
18.76 (Permits and Approvals).
SECTION 114. The introductory paragraph of section
18.71.060 of Chapter 18.71, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.71.060 Uses requiring use per.mits.
A use permit shall be first obtained for the following
uses as provided in chapter 18.76 (Permits and Approvals) when
the applicant can establish adequate justification that the
proposed use will be consistent and compatible with the intent
and purpose of this chapter, and that the number of employees
and resident population approximates that which would result
from a principal permitted use:
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 115. The introductory paragraph of section
18.72.040 of Chapter 18.72, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
012.104 jea 6030026 52
18.72.040 Conditional uses.
The following uses may be conditionally allowed in the
AC agricultural conservation district, subject to issuance of a
conditional use permit in accord with chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 116. The introductory paragraph of section
18.72.050 of Chapter 18.72, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.72.050 Site development regulations.
The following site development regulations shall apply
in the AC agricultural conservation district; provided, that
more restrictive regulations may be approved as part of
architectural review pursuant to chapter 18.76 (Permits and
Approvals) :
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 117. A new Chapter 18.76 (Permits and
Approvals), as shown in Exhibit 2, is added to Title 18 [Zoning]
of the Palo Alto Municipal Code.
SECTION 118. A new Chapter 18.77 (Procedures for
Permits and Approvals), as shown in Exhibit 3, is added to Title
18 [Zoning] of the Palo Alto Municipal Code.
SECTION 119. A new Chapter 18.78 (Appeals), as shown
in Exhibit 4, is added to Title 18 [Zoning] of the Palo Alto
Municipal Code.
SECTION 120. Section 18.82.055 of Chapter 18.82, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.82.055 Application process.
(a) The applicant seeking site and design approval
shall initially submit to the planning commission a site plan
and elevations as described in Section 18.82.050. The plans and
012104jea6030026 53
elevations may be preliminary in nature but must show all
pertinent information requested by the zoning administrator.
(b) If the planning commission recommends denial, a
detailed site plan and elevations consistent with the planning
commission recommendation shall be forwarded directly to the
city council.
(c) If the planning commission recommends approval, a
detailed site plan and elevations consistent with the planning
commission recommendation shall be forwarded to the
archi tectural review board for review, except in the case of
single-family and accessory uses. The architectural review
board shall make a recommendation on the plans and elevations
based on the findings for architectural review in section
l8.76.020(d) .
(d) The plans and elevations, as approved by the
planning commission and the architectural review board, are
submitted with recommendations to council for final action.
SECTION 121. The introductory paragraph of section
18.82.060 of Chapter 18.82, Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.82.060 Action by commission.
Unless the application for design approval is diverted
for minor architectural review under chapter 18.76.020(b) (3) (D),
the planning commission shall review the site plan and drawings,
and shall recommend approval or shall recommend such changes as
it may deem necessary to accomplish the following objectives:
SECTION 122. Section 18.82.070 of Chapter 18.82, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.82.070 Action by council.
To the extent that site and design review is
contemplated under this chapter, and upon receipt of the
recommendation of the planning commission, the council may
approve, modify, or disapprove the proposed plans submitted
pursuant to this chapter. No building permit or other permit or
approval for building construction or use of the site shall be
issued or granted until the plans have been approved by the city
012104 jea 6030026 54
council I or by the director of planning and community
environment as provided in chapter 18.76.020{b) (3) (D).
SECTION 123. Subsection (c) of section 18.83.015 of
Chapter 18.83 1 Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(c) "Design approval" means architectural review
approval pursuant to chapter 18.76 (Permits and Approvals) by
the director of planning and community environment upon
recommendation of the architectural review board of the design
of a project as distinguished from either preliminary review
applications or later minor approvals and recormitendations for
landscaping and design details;
SECTION 124. Subsection (b) of section 18.83.030 of
Chapter 18.83 1 Title 18 [zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(b) Unless a project for the construction of floor
area has received design approval prior to December 191 1983 1 or
has undergone preliminary review pursuant to Section 18.76.020
(Archi tectural Review) on December 1st or 15thl 1983 I the only
portion of off-street parking required for construction of floor
area in a parking assessment area which may be satisfied by
payment of assessments or levies made wi thin' such area on the
basis of parking spaces required but not provided I is that
portion of the parking requirements associated wi th the uses
proposed to be conducted in that area of the floor equal to the
exempt floor area for the site. Where only a portion of floor
area constitutes exempt floor areal and uses with more than one
parking standard as required by this chapter are proposed for
said floor l the use on that portion of the floor which generates
the highest parking requirement will be. designated as the exempt
floor area.
SECTION 125. The introductory paragraph of section
18.83.100 of Chapter 18.83 1 Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
18.83.100 Design standards Landsoaping in parking
faoilities and required landsoaped areas.
The following minimum standards shall
however I additional landscaping may be approved
architectural review pursuant to chapter 18.76
Approvals) :
012104 jea 6030026 55
be observed;
as part of
(Permits and
[No further changes are made to this section, unless
provided in later sections of this ordinance]
SECTION 126. Section 18.83.120 of Chapter '18.83, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.83.120 Adjustments to requirements by the director of
planning and community environment.
Automobile and bicycle parking requirements prescribed
by this chapter may be adjusted by the director of planning and
communi ty environment in the following instances and in· accord
with the prescribed limitations, when in his/her opinion such
adjustment will be in accord with the purposes of this chapter
and will not create undue impact on existing or potential uses
adjoining the site or in the general vicinity.
(a) Substi tution of Bicycle Facilities for
Vehicle Facilities. Eight Class I bicycle parking
spaces in addition to minimum bicycle requirements
substi tuted for one required vehicle parking stall,
maximum of five percent of the vehicle stalls required.
Required
facility
may be
up to a
(b) On-site Employee Amenities. Square footage of
commercial or industrial uses to be used for an on-site
cafeteria, recreational facility, and/or day care facility, to
be provided to employees or their children and not open to the
general public, may be exempted from the parking requirements of
this title, when, in the judgment of the director of planning
and community environment, the provision of the facilities at
the place of employment will reduce traffic to and from the site
and will reduce the number of parking stalls needed.
The decision of the director may be appealed as set forth
in Chapter 18.78 (Appeals)
(c) Joint Use Parking Facilities. For any, site or
sites with mUltiple uses where the application of this chapter
requires a total of thirty or more spaces, the total number of
spaces initially required by application of the schedule may be
reduced by not more than twenty percent where in the judgment of
the director of planning and community environment the joint
facili ty will serve all existing, proposed, and potential uses
as effectively and conveniently as would separate parking
facilities for each use or site.
012104 jea 6030026 56
The decision
forth in Chapter 18.78
of the director
(Appeals)
may be appealed as set
(d) Housing for the Elderly. The total number of
spaces required may be reduced by not more than fifty percent,
when in the judgment of the director of planning and community
environment, such reduction will be commensurate with the
reduced parking demand created by the housing facility,
including visitors and accessory facilities.
The decision
forth in Chapter 18.78
of the director
(Appeals)
may be appealed as set
(e) Deferral of Meeting Full Requirement. Where the
expected need for off-street parking or bicycle facilities for a
particular use is uncertain, due to unknown or unusual operating
characteristics of the use and unavailability of comparable data
to establish need, the director of planning and community
environment, upon recommendation of the architectural review
board, may authorize that construction and provision of not more
than fifty percent of the required off-street parking stalls and
not more than twenty-five percent of the bicycle parking spaces
be deferred. The number of bicycle parking spaces deferred shall
be apportioned by class in the same percentages as indicated in
Table 1 of Section 18.83.050. The director of planning and
communi ty environment may set such conditions as necessary to
guarantee provision of such deferred spaces whenever the
director of planning and community environment determines the
need to exist. Land area required for provision of deferred
parking or bicycle spaces shall be maintained in reserve and
shall be landscaped pursuant to a plan approved by the
architectural review board demonstrating that ultimate provision
of the deferred spaces will meet all requirements of this
chapter.
(f) Transportation and Parking Alternatives. Upon
demonstration to the director of planning and community
environment that effective alternatives to automobile access are
in effect, the director of planning and community environment
may defer by not more than twenty percent the parking
requirement otherwise prescribed for any use, or combination of
uses on the same or adj oining sites, to an extent commensurate
wi th the permanence, effectiveness, and the demonstrated
reduction of off-street parking demand effectuated by such
alternative programs.
012104 jea 6030026 57
Land area required for provision of deferred parking stalls
shall be maintained in reserve and shall be landscaped pursuant
to a plan approved by the archi tectural review board
demonstrating that ultimate provision of the deferred stalls
will meet all requirements of this chapter.
The director of planning and community environment shall
set such conditions as necessary to guarantee provision of such
deferred stalls whenever the building official determines the
need to exist.
Alternative programs which may be considered by the
director of planning and community environment under this
provision include, but are not limited to the following:
(I) Immediate proximity
facilities serving a significant
employees, and/or customersi
to pubic
portion
transportation
of residents,
(2) Operation of effective private or company
carpool, vanpool, bus, or similar transportation programSj
(3) Evidence that a proportion of residents,
employees, and/or customers utilize, on a regular basis, bicycle
transportation alternatives commensurate with reduced parking
requirements.
(g) Off-Site Parking. Except in parking assessment
areas, the director of planning and community environment may
authorize all or a portion of the required parking for a use to
be located on the site not more than 152.4 meters (500 feet)
from the site of the use for which such parking-is required,
where in his judgment, such authorization will be in accord with
the purposes of this chapter. Within parking assessment areas,
the director of planning and community environment may authorize
all or a portion of the required parking for a use to be located
on the site within the parking assessment area or not more than
152.4 meters (500 feet) from the boundaries of the area where
the zoning of such site permits parking as a use. The director
of planning and community environment shall require such
covenants and guarantees as deemed necessary to ensure use and
maintenance of such parking facilities.
SECTION 127. Section 18.83.130 of Chapter 18.83 1 Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
012104 jea 6030026 58
18.83.130 Adjustments to requirements in parking assessment
a;J:"eas.
Automobile parking requirements prescribed in this
chapter may be adjusted by the director for properties within
parking assessment areas in the following instances and in
accord with the prescribed limitations where, in his/her
opinion, such adjustment will be in accord with purposes of this
chapter and will not create undue impact on existing or
potential uses adj oining the si te or in the general vicinity.
The decision of the director may be appealed as set forth in
Chapter 18.78 (Appeals).
(a) Tandem Parking. Tandem parking (a multiple
parking configuration locating one stall behind another) may be
allowed where in the judgment of the director. the parking will
serve all proposed uses conveniently. The director shall require
such covenants and guarantees as deemed necessary to ensure use
and maintenance of such parking facilities.
(b) Percentage of Compact Parking Stalls. For parking
facilities exceeding five stalls, a maximum of fifty percent
compact parking stalls may be allowed.
(c) Shared Parking Facilities. For any site or sites
where the hours and days of operation are such that joint use of
on-site private or nearby public parking facilities can occur
without conflict, and the use is exempt from parking assessment,
the number of parking stalls required for any new development or
addition may be reduced by no more than ten stalls, where, in
the judgment of the director, the available parking will serve
all existing, proposed, and potential uses as effectively and
conveniently as would separate parking facilities for each use
or site.
SECTION 128. Section 18.87.060 of Chapter 18.87, Title
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.87.060 Transfer procedure.
Transferable development rights may be transferred from
a sender site (or sites) to a receiver site only in accordance
with all of the following requirements:
(a) An application pursuant to chapter 18.76 (Permits
and Approvals) for major architectural review of the project
OI2104jea6030026 59
proposed for the receiver site must be filed. The application
shall include:
(1) A statement that the applicant intends to use
transferable developments rights for the project;
(2) Identification of the sender site(s) and the
amount of TDRs proposed to be transferred; and
(3) Evidence that the applicant owns the transferable
development rights or a signed statement from any other owner(s)
of the TDRs that the specified amount of floor area is available
for the proposed project and will be assigned for its use.
(b) The application shall not be deemed complete
unless and until the city determines that the TDRs proposed to
be used for the project are available for that purpose.
(c) In reviewing a proj ect proposed for a receiver
site pursuant to this section, the architectural review board
shall review the project in accordance with the findings for
architectural review; however, the project may not be required
to be modified for the sole purpose of reducing square footage
unless necessary in order . to satisfy the findings for
architectural review or to satisfy any specific requirement of
the municipal code.
(d) Following ARB approval of the project on the
receiver site, and prior to issuance of building permits, the
director of planning and community environment or the director's
designee shall issue written confirmation of the transfer, which
identifies both the sender and receiver sites and the amount of
TDRs which have been transferred. This confirmation shall be
recorded in the office of the county recorder prior to issuance
of building permits and shall include the written consent or
assignment by the owner(s) of the TDRs where such owner(s) are
other than the applicant.
Chapter
Code:
SECTION 129.
18.88, Title
Section 18.88.200
18 [Zoning] of the
18.88.200 Temporary Uses
is hereby added to
Palo Alto Municipal
The zoning administrator may grant a temporary use
permit authorizing the use of a site in any district for a
temporary use, subject to the following provisions:
012104 jea 6030026 60
(a) Application shall be made to the zoning administrator
and shall be subject to the fee prescribed by the municipal fee
schedule.
(b) The permit may be granted by the Director without a
requirement for public hearing and notice.
(c) The permit may include authorization to vary from
specific requirements of this title as may be solely related to
the requested temporary use.
(d) A temporary use permit, if granted by the Director,
shall be valid for a specifically stated time period not to
exceed forty-five days. The Director may impose such reasonable
conditions or restrictions as he or she deems necessary to
secure the purposes of this title and to assure operation of the
use in a manner compatible with existing and potential uses on
adjoining properties and in the general vicinity.
(e) A temporary use permit may be granted by the Director
if, from the application or the facts presented to him, he
finds:
(1) The granting of the application will
detrimental or injurious to property or improvements
vicini ty, and will not be detrimental to the public
safety, general welfare, or convenience.
not be
in the
health,
(2) The proposed use will be located and conducted in a
manner in accord with the Palo Alto comprehensive plan and the
purposes of this title.
(f) Any person who obtains a temporary use permit as
provided by this section and fails to abide by its conditions is
guilty of a misdemeanor.
(g) Any person who uses a site for a temporary use in
violation of Title 18 and fails to obtain a temporary use permit
as required by this section is guilty of a misdemeanor.
Chapter
Code:
SECTION
18.88,
012104 jea 6030026
130.
Title
Section 18.88.210
18 [Zoning] of the
61
is hereby
Palo Alto
added to
Municipal
18.88.210 Sales of alcoholic beverages.
(a) In any district where otherwise permitted by this
title, any eating and drinking establishment or other use having
any part of its operation subject to an on-sale license required
by the state of California shall be subject to securing a
conditional use permit.
(b) A conditional use permit shall be obtained in the case
of premises for which no condi tional use permi t is in force,
whenever a new on-sale license is required by the state of
California.
(c) In the case of premises for which a condi tional use
permit is in force, which permits the sale of alcohol, an
amendment to such permit shall be required whenever such use is
intensified or is expanded in square footage.
(d) In the case of premises for which· a condi tional use
permit is in force, but such use permit does not permit sales of
alcohol, an amendment to such permit shall be required whenever
a new on-sale license is required by the state of California.
(e) The maximum number of permits for on-sale general
(liquor, beer and wine) and for on-sale beer and wine licenses
which may be issued in any single block where any portion of the
block is classified in one or more districts in which an eating
and drinking establishment is a permitted or a conditional use.
shall be governed by the following table, and no applications
for a conditional use permit for the sale of alcoholic beverages
under an on-sale license from the state of California shall be
accepted unless the standards in this section are met.
In any block having residentially zoned site area equal to
or greater than twenty-five percent of the total block area:
Maximum Number of Square Feet of Zoned Site Area in
Conditional Use District(s) Allowing Eating and
Permits Which May Be Drinking Use as a Permitted or
Authorized Conditional Use
No permit 0 -1,858.0 sq. m. (0-19,999 sq. ft. )
1 permit 1,8581 -3,716.0 sq. m. (20,000-
39,999 sq. ft. )
2 permits 3,716.1 sq. m. and above (40,000 sq.
ft. and above)
3 or more In the same progression.
012104 jea 6030026 62
In any block having residentially zoned site area less than
twenty-five percent of total block area:
Maximum Number of Square Feet of Zoned Site Area in
Conditional Use District(s) Allowing Eating and
Permits Which May Be Drinking Use as a Permitted or
Authorized Conditional Use
4 permits o -l4,S64.4 sq. m. (0 -159,999 sq.
ft. )
5 permits l4,S64.5 -29,72S.9 sq. m. (160,000
-319,999 sq. ft. )
6 permits 29,729.0 -59,457.9 sq. m. (320,000
-639,999 sq. ft.)
7 permits 59,45S.0 -11S,9l5.S sq. m. (640,000
-1,,279,999 sq. ft. )
S or more In the same progression.
(f) Additional conditional use permits may be authorized
for establishments for on-sale beer and wine licenses. The total
number of such additional permits shall be equal to half the
number of on-sale general licenses permitted in the tables
contained in subsection (c) of this section.
SECTION 131. Chapter lS.90 (Variances, Conditional
Use Permits, and Home Improvement Exceptions) is hereby deleted
from Title IS [zoning] of the Palo Alto Municipal Code.
SECTION 132. Chapter lS.9l (Design
Exception Process) is hereby deleted from Ti.tle IS
the Palo Alto Municipal Code.
Enhancement
[Zoning] of
SECTION 133. Chapter lS.92 (Appeals) is hereby
deleted from Title IS [Zoning] of the Palo Alto Municipal Code.
SECTION 134. Chapter lS.93 (Appeals From
Determinations of the Director of Planning and Community
Environment) ·is hereby deleted from Title IS [Zoning] of the
Palo Alto Municipal Code.
SECTION 135. Paragraph (2) of subsection (c) of section
lS.94.070 of Chapter lS.94, Title IS [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(2) Upon receipt of such application, the director of
planning and community environment shall so inform the
chairperson of the planning commission who shall set a date for
a public hearing on the application which shall be held within a
012104 jea 6030026 63
reasonable time from the date of filing of the application.
Notice of the hearing shall be given by publication once in a
local newspaper at least twelve days prior to the hearing and by
mail to owners and occupants of real property within 300 feet of
the subject property.
SECTION 136. Subsection (b) of section 18.98.050 of
Chapter 18.98, Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby amended to read as follows:
(b) Upon receipt of such notice, the chairman of the
commission shall, on or before the fifteenth day of the month
following the month in which the application or motion was
filed, set a date for a public hearing upon the matter at either
a regular or special meeting of the commission, unless the
application is a minor change to a planned community district
development plan diverted to minor architectural review under
chapter 18.76.020(b) (3) (D). Nothing contained in this section
modifies any provision of or authority granted by Chapter
18.76.020(b) (3) (D). The hearing before the commission shall
commence within ninety days of the date of filing.
SECTION 137. Section 18.98.100 of Chapter 18.98, Ti tIe
18 [Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.98.100 Action by city council.
Upon receipt of the recommendation of the planning
commission on a change of district boundaries, or on a change to
the provisions of this title other than a change in district
boundaries, the council may, at its option, give notice of a
hearing in the manner provided by Sections 18.98.060 or
18.98.090, whichever is applicable.
After consideration of the recommendation of the
planning commission, and the completion of a public hearing, if
any, the council may approve, modify, or disapprove the proposed
change of district boundaries or change of any other provisions
of this ti tIe. Should the council determine that a change of
district boundaries or change of any other provisions of this
title shall be appropriate, such change shall be accomplished by
ordinance.
SECTION 138. Chapter 18.99 (Administrative Approval
of Minor Changes in Projects) is hereby deleted from Title 18
[Zoning] of the Palo Alto Municipal Code.
012104 jea 6030026 64
SECTION 139. Section 20.04.130 of Chapter 20.04, Title
20 [Precise Plans] of the Palo Alto Municipal Code is hereby
amended to read as follows:
20.04.130 varianoes -Prooedure.
The procedure to be followed in applying for, glvlng
notice of and granting such variances shall be that set forth in
chapter 18.76 (Permits and Approvals) of the zoning code. The
fee charged shall be the same as that for zoning variance
applications.
SECTION 140. Subsection (b) of section 21.12.110 of
Chapter 21.12, Title 21 [Subdivisions] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(b) Notice
(1) Within thirty days of receipt of an application for an
amendment, the director of planning and community environment
shall state the decision regarding the amendment, including the
reasons for such decision, in writing and mail a copy to the
applicant.
(2) Notice of the decision of the director of planning and
community environment shall be given by distributing such notice
in the next available city council packet after the rendering of
the decision. Such notice shall also be published once in a
local newspaper of general circulation not later than five days
after the distribution of the notice in the city council packet.
(3) The notice referred to in this subsection shall
generally state the address and description of the subject
property and project, and the nature of the determination. Said
notice shall also recite the fact that details regarding the
project and determination will be available in the office of the
planning department, and that an appeal may be taken from the
determination wi thin fifteen days after the publication of the
notice.
(4) Any aggrieved or affected person may appeal such a
decision in accord with Chapter 21.36 (Appeals).
SECTION 141. Paragraph (2) of subsection (a) of section
21.13.020 of Chapter 21.13, Title 21 [Subdivisions] of the Palo
Alto Municipal Code is hereby amended to read as follows:
012104 jea 6030026 65
(2) Prior to filing a vesting tentative map, a
subdivider shall obtain all discretionary approvals that will be
required under the Palo Alto Municipal Code in conjunction with
the approval or conditional approval of the vesting tentative
map in order to construct the development. Such discretionary
approvals may include, but are not limited to, amendments to the
comprehensive plan land use map, amendments to the zoning map,
architectural review pursuant to chapter 18.76 (permits and
approvals) of the Palo Alto Municipal Code, and site and design
review pursuant to Chapter 18.82 of the Palo Al to Municipal
Code. An application for a vesting tentative map shall be
determined to be incomplete until all other applicable
discretionary approvals are processed and acted upon in
accordance with the Palo Alto Municipal Code and applicable
state law.
SECTION 142. 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
012104 jea 6030026 66
SECTION 143. This ordinance shall be effective 30
days after the date of its adoption.
INTRODUCED: May 10, 2004
PASSED: June 7, 2004
AYES: BEECHAM, BURCH, CORDELL, KISHIMOTO, KLEINBERG, MORTON,
MOSSAR, OJAKIAN
NOES: FREEMAN
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
Mayor
APPltJ~
Senior Asst. City ttorney
&
Conununity
012104 jea 6030026 67
2.21.030
Sections:
2.21.0lD
2.21.020
2.21.030
2.21.040
2.21.010
Exhibit 1 I
Procedures of the architectural review board.
Chapter 2.21
ARCHITECTURAL REVIEW BOARD
Architectural review board
Manner of appointment
Procedures of the architectural review board
Duties ofthe architectural review board
Architectural review board.
There is created an architectural review board consisting of five persons, at least three of whom
shall be architects, landscape architects, building designers or other design professionals. Each
member ofthe architectural review board shall be appointed by the city council and shall serve,
commencing on the first day of October, for a term of three years or until his or her successor is
appointed and takes office. The architectural review board shall have the powers and duties
specified in this chapter, and shall comply with the procedures specified in this chapter.
2.21.020 Manner of appointment.
In filling vacancies on the architectural review board, the following procedures shall be followed
by the city council:
(a) Following notification of vacancy on the architectural review board, the city clerk shall
advertise the same in a newspaper of general circulation in the city, including the council
agenda digest, four times within two weeks.
(b) Written nominations and applications shall be submitted to the city clerk within such two-
week period, to be forwarded to the city council for its consideration. Notwithstanding the
foregoing, if the nomination or application of an incumbent board member is not submitted
to the city clerk within the period specified above, said period shall be extended for an
additional five days during which the city clerk shall accept written nominations and
applications of non incumbents.
(c) The city council shall review all nominations and applications and conduct such interviews
as it deems necessary prior to selection.
(d) Final selection and appointment shall be made by the city council at a regular city council
meeting after the period for submittal of nominations and applications has expired.
2.21.030 Procedures of the architectural review board.
The architectural review board shall meet at least monthly and shall prescribe bylaws, forms,
applications, rules and regulations for the conduct of its business. All meetings of the
architectural review board shall be open to the public. The architectural review board shall send a
6030025 70
I
2.21.040 Duties of the architectural review board.
report, not less than once a year, to the planning commission and city council for the purpose of
communicating the concerns of the board with respect to the city's plans, policies, ordinances
and procedures as these affect the projects which the board reviews.
2.21.040 . Duties of the architectural review board.
The duty of the architectural review board is to perform all duties required of it by Title 16
(Building Regulations), Title 18 (Zoning), and any other applicable sections of this code. In
addition, the Director of planning and community environment and the city council may request
the opinion of the architectural review board on other architectural matters.
6030025 71
18.76.010
Sections:
18.76.010
18.76.020
18.76.030
18.76.040
18.76.050
18.76.060
18.76.010
(a) Purpose
Exhibit 2
Chapter 18.76
PERMITS AND APPROVALS
Conditional Use Pennit
Architectural Review
Variance
Neighborhood Preservation Exception
Design Enhancement Exception
Home hnprovement Exception
Conditional Use Permit (CUP)
Conditional Use Permit (CUP)
The purpose of a conditional use permit is to provide for uses and accessory uses that are
necessary or desirable for the development of the community or region but cannot readily
be classified as pennitted uses in individual districts by reason of uniqueness of size,
scope, or possible effect on public facilities or surrounding uses.
(b) Applicability
(1) A conditional use pennit may be granted for any use or purpose for which such
permit is required or pennitted by the provisions of this title; or
(2) Any expansion in the building size or site area of an existing conditional use shall
necessitate the amendment of the conditional use pennit. Denial of an application
for amendment of a conditional use pennit does not constitute a revocation of the
original conditional use pennit.
(3) No application for a conditional use pennit is necessary for existing uses which were
lawful confonning pennitted uses and which were rendered conditional by reason of
rezoning or changes to this title, provided that any expansion in the building site or
site area of such a use shall be subject to the issuance of a conditional use pennit.
(c) Findings
Neither the director, nor the city council on appeal, shall grant a conditional use pennit,
unless it is found that the granting of the application will:
(1) 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;
(2) Be located and conducted in a manner in accord with the Palo Alto Comprehensive
Plan and the purposes of this title (Zoning).
(d) Conditions
In granting conditional use pennits, reasonable conditions or restrictions may be imposed
if appropriate or necessary to protect the public health, safety, general welfare, or
6030026b 72
18.76.020 Architectural Review
convenience, to secure the purposes of this title, and to assure operation of the use in a·
manner compatible with existing and potential uses on adjoining properties and in the
general vicinity.
(e) Application Review and Action
Applications for conditional use permits shall be reviewed and acted upon as set forth in
Section 18.77.060 (Standard Staff Review Process).
18.76.020 Architectural Review
(a) Purpose
The purpose of Architectural Review is to:
(1) Promote orderly and harmonious development in the city;
(2) Enhance the desirability of residence or investment in the city;
(3) Encourage the attainment of the most desirable use ofland and improvements;
(4) Enhance the desirability ofliving conditions upon the immediate site or in adjacent
areas; and
(5) Promote visual environments which are of high aesthetic quality and variety and
which, at the same time, are considerate of each other.
(b) Applicability
No permit required under Title 16 (Building Regulations) shall be issued for a major or
minor project, as set forth in this section, unless an application for Architectural Review is
reviewed, acted upon, and approved or approved with conditions as set forth in Section
18.77.070.
(1) Exempt Projects
Single-family and two-family residences do not require architectural review, except
as provided under subsections (2)(C) and (2)(D).
(2) Major Projects
The following are "major projects" for the purposes ofthe Architectural Review
Process set forth in Section 18.77.070, and are subject to review by the architectural
review board:
(A) New construction, including private and public projects, that:
(i) Includes a new building or building addition of five thousand square feet
or more; or
(ii) Is not exempt under the California Environmental Quality Act (CEQA)
(division 13 of the Public Resources Code, commencing with section
21000); or
6030026b 73
18.76.020 Architectural Review
(iii) Requires one or more variances or use permits and, in the judgment of
the director, will have a significant effect upon the aesthetic character of
the city or the surrounding area;
(B) Any multiple-family residential construction project that contains three or
more units;
(C) Construction ofthree or more adjacent single-family homes or duplexes;
(D) In the Neighborhood Preservation Combining District (NP), properties on
which two or more residential units are developed or modified, except when
one of those units is a "second dwelling unit", as described in Section
18.30.040(d);
(E) Any project using transferred development rights, as described in Chapter
18.87;
(F) A master sign program, pursuant to Chapter 16.20;
(G) Signs that do not meet all applicable design guidelines adopted by the city
council or do not conform to a previously approved master sign program;
(H) Signs requiring a sign exception pursuant to Chapter 16.20;
(1) Any minor project, as defined in subsection (3), that the director determines
will significantly alter the character or appearance of a building or site.
(3) Minor Projects
6030026b
The following are "minor projects" for the purposes of the Architectural Review
Process set forth in Section 18.77.070, except when determined to be major pursuant
to subsection (2)(1):
(A) New construction, including private and public projects, that involves a new
building or building addition of fewer than 5,000 square feet, and which is
exempt under the California Environmental Quality Act (CEQA) (division 13
of the Public Resources Code, commencing with section 21000);
(B) Signs that meet all applicable guidelines and conform to any previously
approved master sign program;
(C) Landscape plans, fences, exterior remodeling, and design of parking areas,
when not part of a major project;
(D) Minor changes to the following:
(i) Plans that have previously received architectural review approval;
(ii) Previously approved planned community district development plans;
(iii) Plans that have previously received site and design approval;
(iv) Previously approved plans for projects requiring city council approval
pursuant to a contractual agreement, resolution, motion; action or
uncodified ordinance;
74
18.76.020 Architectural Review
(v) Existing structures requiring city council site and design approval or
approval pursuant to a contractual agreement, resolution, motion, action,
or uncodified ordinance.
As used in this subsection, the term ''minor'' means a change that is of little
visual significance, does not materially alter the appearance of previously
approved improvements, is not proposed for the use of the land in question,
and does not alter the character of the structure involved. If the cumulative
effect of multiple minor changes would result in a major change, a new
application for Architectural Review approval of a major project, Site and
Design approval, Planned Community District approval, or other applicable
approval is required.
(E) Any changes to previously approved plans requiring architectural review as a
minor project as part ofthe conditions of a permit or approval.
(c) Preliminary Review
For the purpose of securing the advice of the architectural review board prior to making an
application for the board's recommendation on a project, an applicant, upon paying a
preliminary application fee, as set forth in the municipal fee schedule, may bring a design
before the board for preliminary review. If the applicant wishes to proceed with the project,
he or she must then file an application and pay a regular application fee. The comments of
the architectural review board members during a preliminary review shall not be binding
on their formal recommendation.
(d) Findings
Neither the director, nor the city council on appeal, shall grant architectural review
approval, unless it is found that:
(l) The design is consistent and compatible with applicable elements of the Palo Alto
Comprehensive Plan;
(2) The design is compatible with the immediate environment of the site;
(3) The design is appropriate to the function of the project;
(4) In: areas considered by the board as having a unified design character or historical
character, the design is compatible with such character;
(5) The design promotes harmonious transitions in scale and character in areas between
different designated land uses;
(6) The design is compatible with approved improvements both on and off the site;
(7) The planning and siting of the various functions and buildings on the site create an
internal sense of order and provide a desirable environment for occupants, visitors
and the general community;
(8) The amount and arrangement of open space are appropriate to the design and the
function of the structures;
6030026b 75
18.76.020 Architectural Review
(9) Sufficient ancillary functions are provided to support the main functions of the
project and the same are compatible with the project's design concept;
(10) Access to the property and circulation thereon are safe and convenient for
pedestrians, cyclists and vehicles;
(11) Natural features are appropriately preserved and integrated with the project;
(12) The materials, textures, colors and details of construction and plant material are
appropriate expression to the design and function and whether the same are
compatible with the adjacent and neighboring structures, landscape elements and
functions;
(13) The landscape design concept for the site, as shown by the relationship of plant
masses, open space, scale, plant forms and foliage textures and colors create a
desirable and functional environment and whether the landscape concept depicts an
appropriate unity with the various buildings on the site;
(14) Plant material is suitable and adaptable to the site, capable of being properly
maintained on the site, and is of a variety which would tend to be drought-resistant
and to reduce consumption of water in its installation and maintenance;
(15) The design is energy efficient and incorporates renewable energy design elements
including, but not limited to:
(A) Exterior energy desigIi elements;
(B) Internal lighting service and climatic control systems; and
(C) Building siting and landscape elements;
(16) The design is consistent and compatible with the purpose of architectural review as
set forth in subsection (a).
(e) Conditions
In granting architectural review approval, reasonable conditions or restrictions may be
imposed if appropriate or necessary to protect the public health, safety, general welfare, or
convenience, to secure the purposes of this title, and to:
(1) Promote the internal integrity of the design of the project;
(2) Assure compatibility ofthe proposed project's design with its site and surroundings;
(3) Minimize the environmental effects of the proposed project; provided, however, that
the architectural review board's sole responsibility with respect to the storage of
hazardous materials is to require compliance with Title 17 (Hazardous Materials
Storage).
(I) Application Review and Action
Applications for Architectural Review shall be reviewed and acted upon as set forth in
Section 18.77.070 (Architectural Review Process).
6030026b 76
18.76.030 Variance
18.76.030 Variance
(a) Purpose
The purpose of a variance is to:
(1) Provide a way for a site with special physical constraints, resulting from natural or
built features, to be used in ways similar to other sites in the same vicinity and
zoning district; and
(2) Provide a way to grant relief when strict application of the zoning regulations would
subject development of a site to substantial hardships, constraints, or practical
difficulties that do not normally arise on other sites in the same vicinity and zoning
district.
(b) Applicability
Variances may be granted to the following:
(1) Site development regulations (except limitations on residential density and size of
establishment) and parking and loading regulations (except those accessible parking
regulations mandated by state and/or federal law and contained in Chapter 18.83)
applicable within any district established by this title (Zoning);
(2) The special requirements that apply to site development and parking and loading
regulations applicable within any district established by this title (Zoning), except
provisions which restrict expansion of grandfathered uses that are subject to the
special requirements of a specific zoning district. Special requirements in any district
do not include special provisions and exceptions as set forth in Chapter 18.88
(Special Provisions and Exceptions) except for the location of accessory buildings;
(3) The requirements of Title 20 (precise Plans);
(4) The requirements of Chapter 16.24 (Fences) except Sections 16.24.040 (Fences at
Intersections) and 16.24.070 (prohibited Fences);
( c) Findings -General
Neither the director, nor the city council on appeal, shall grant a variance, unless it is found
that:
(1) Because of special circumstances applicable to the subject property, including (but
not limited to) size, shape, topography, location, or surroundings, the strict
application of the requirements and regulations prescribed in this title substantially
deprives such property of privileges enjoyed by other property in the vicinity and in
the same zoning district as the subject property. Special circumstances that are
expressly excluded from consideration are:
(A) The personal circumstances of the property owner, and
(B) Any changes in the size or shape of the subject property made by the property
owner or his predecessors in interest while the property was subject to the same
zoning designation.
6030026b 77
)
18.76.040 Neignborhood Preservation Exception
(2) The granting of the application shall not affect substantial compliance with the
regulations or constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and in the same zoning district as the subject
property, and
(3) The granting ofthe application is consistent with the Palo Alto Comprehensive Plan
and the purposes of this title (Zoning), and
(4) The granting ofthe application will not be detrimental or injurious to property or
improvements in the vicinity, will not be detrimental to the public health, safety,
general welfare, or convenience.
(d) Findings -Flag Lot
In addition to the above listed findings, in the case of a flag lot, neither the director, nor the
city council on appeal, shall grant a variance, unless it is found that:
(1) The granting of the application will not disrupt established neighborhood character
and aesthetics, and will not affect the health of the residents by significantly blocking
out light and air;
(2) The granting of the application will not result in excessive paving, parking, potential
traffic conflicts on busy streets, street tree removal or loss of private landscaping;
(3) The granting ofthe application will not negatively impact the privacy and quiet
enjoyment of adjoining single-family residences, for both indoor and outdoor use.
(e) May Not be Granted for Unauthorized Use
A variance shall not be granted for a parcel that authorizes a use or activity that is not
otherwise expressly authorized by the zone regulations governing the subject property.
(1) Conditions
In granting variances, 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).
(g) Application Review and Action
Applications for variances shall be reviewed and acted upon a~ set forth in Section
18.77.060 (Standard Staff Review Process).
18.76.040 Neighborhood Preservation Exception
(a) Purpose
The purpose of the neighborhood preservation exception is to foster retention of existing
single-family structures and to maintain the existing historic and general character of
neighborhoods in the Neighborhood Preservation (NP) Combining District.
6030026b 78
I
18.76.050 DesignEnhancement Exception (DEE)
(b) Applicability
For properties within the Neighborhood Preservation (NP) Combining District, a
neighborhood preservation exception may be granted to site development regulations
(except limitations on residential density), parking regulations, and special setback
requirements of Title 20 (precise Plans).
(c) Findings
Neither the director, nor the city council on appeal, shall grant a neighborhood preservation
exception unless it is found that:
(1) The granting of the application will facilitate the preservation of an existing
residential structure on t):le same property and will be of benefit in maintaining the
existing historic and general character ofthe surrounding neighborhood; and
(2) The granting ofthe 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.
(d) Conditions
In granting neighborhood preservation exceptions, reasonable conditions 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.
(e) Application Review and Action
Applications for Neighborhood Preservation Exceptions shall be reviewed as set forth in
Chapter 18.77.060 (Standard Staff Review Process). .
18.76.050 Design Enhancement Exception (DEE)
(a) Purpose
The purpose of a design enhancement exception is to permit a minor exception to zoning
regulations when doing so will:
(1) Enhance the design of a proposed project without altering the function or use of the
site, or its impact on surrounding properties; or
(2) Enable the preservation of the architectural style of existing improvements on the
site.
(b) Applicability
(1) Design enhancement exceptions may be granted to the site development and parking
and loading requirements otherwise applicable under this title (Zoning), as part of the
architectural review process, when such exceptions will enhance the appearance and
design of commercial and multiple-family development and other development
subject to architectural review.
6030026b 79
i
18.76.060 Home Improvement Exception (HIE)
(2) Items for which design enhancement exceptions may be granted include, but are not
limited to, dormers, eave lines, roof design, bay windows, cornices, parapets,
columns, arcades, fountains, art, ornamentation, atriums, balconies, trellises,
moldings, balustrades, stairs, entry features, and other minor architectural elements
and design features.
(3) Generally, design enhancement exceptions are limited to minor changes to the
setback, daylight plane, height, lot coverage limitations, parking lot design and
landscaping configuration, and additional flexibility in the required proportion
between private and common open space.
(4) No design enhancement exception shall be granted under this section that would
increase floor area, decrease the number of required parking spaces, decrease the
amount of required on-site landscaping, or decrease the required open space.
(c) Findings
Neither the director, nor the city council on appeal, shall grant a design enhancement
exception unless it is found that:
(1) There are exceptional or extraordinary circumstances or conditions applicable to the
property or site improvements involved that do not apply generally to property in the
same zone district;
(2) The granting of the application will enhance the appearance ofthe site or structure,
or improve the neighborhood character ofthe project and preserve an existing or
proposed architectural style, in a manner which would not otherwise be
accomplished through strict application of the minimum requirements ofthis title
(Zoning) and the architectural review findings set forth in Section 18.76.020(d); and
(3) The exception is related to a minor architectural feature or site improvement that 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.
(d) Conditions
In granting design enhancement 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.
(e) Application Review and Action
Applications for a design enhancement exception shall be reviewed and acted upon as set
forth in Section 18.77.070 (Architectural Review).
18.76.060 Home Improvement Exception (IDE)
(a) Applicability
In the RE, R-l, RMD, or R-2 zone districts, the zoning administrator may grant an
exception to the site development regulations for construction of home improvements and
minor additions
6030026b 80
i
18.76.060 HOHle Improvement Exception (HIE)
(b) Findings
Neither the zoning administrator, nor the city council on appeal, shall grant a design
enhancement exception unless it is found that:
(1) There are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply generally to property in the same district.
(2) The granting ofthe application is desirable for the preservation of an existing
architectural style or neighborhood character, or a protected tree as defined in
Chapter 8.10 or other significant tree, which would not otherwise be accomplished
through the strict application of the regulations.
(3) 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.
In detennining whether or not to grant exceptions pursuant to this section, the zoning
administrator shall consider such applicable residential design guidelines as may be
adopted and published by the city council from time to time.
(c) 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 ofthis title.
(d) Application Review and Action
Applications for a home improvement exception shall be reviewed and acted upon as set
forth in Section 18.77.120 (Home Improvement Exception Process).
6030026b 81
Exhibit 3
18.77.020
Chapter 18.77
PROCESSING OF PERMITS AND APPROVALS
Sections:
18.77.010
18.77.020
18.77.030
18.77.040
18.77.050
18.77.060
18.77.070
18.77.080
18.77.090
18.77.100
18.77.110
18.77.120
18.77.010
Purpose and Scope
Applications
Determination of Completeness
Time Limits for Review
Review Procedures -Summary
Standard Staff Review Process
Architectural Review Process
Notice
Expiration of Approvals
Duration of Land Use Permits
Revocation of Approvals
Home Improvement Exception Process
Purpose and Scope
Applications
(a) The purpose of this chapter is to establish common procedures for the filing, review, and
action on applications, notice of public hearings, appeals of decisions, and enforcement of
permits and approvals governed by Chapter 18.76 (permits and Approvals)
(b) The procedures of this chapter apply to all permits and approvals governed by Chapter
18.76 (permits and Approvals), unless specifically modified by another section of this title
:(Zoning).
18.77.020 Applications
(a) Filing of application and application contents
All applications pursuant to this chapter shall be filed with the director in a form prescribed
by the director. The application form shall contain a list ofinformation that must be
submitted in order for the application to be deemed complete. This may include, but is not
limited to, information determined necessary by the director to conduct a review of the
application pursuant to: '
(1) State law (including the California Environmental Quality Act (CEQA) (division 13
of the Public Resources Code, commencing with section 21000), and city
compliance with the Political Reform Act (title 9 of the Government Code,
commencing with section 81000);
(2) The Palo Alto Comprehensive Plan;
(3) The Palo Alto Municipal Code; and
(4) This title (Zoning)
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i 18.77.030 Determination of Completeness
(b) Signature of applications
A separate application shall be filed for each site, and each application shall be signed by:
(1) All owners of the real property included in the site or sites; or
(2) A purchaser of the real property included in the site or sites, when acting pursuant to
a contract in writing duly executed and acknowledged by both the buyer and the
owner of record; or
(3) A lessee in possession of the real property included in the site or sites, when acting
with the written consent of the owner of record; or
(4) An agent of the owner of record of the real property included in the site or sites,
when duly authorized by the owner in writing.
(c) Receipt of application
No application shall be deemed received until the following have been provided:
(1) All fees for the application as set forth in the schedule of fees established by
resolution of the city council have been paid; and
(2) All documents specified as part of the application in this chapter or on the
application form have been filed.
(d) Resubmittal of applications
If an application is denied, the director or city council may specify that a substantially
similar application may not be accepted within 12 months prior to the date of such denial,
unless it is shown that the circumstances surrounding the application have changed
substantially.
18.77.030 Determination of Completeness
(a) Notification of Completeness
Not later than 30 days after an application has been received, the director shall notify the
applicant in writing whether the application is complete. If the application is determined
not to be complete, the director shall specify those parts of the application that are
incomplete and shall indicate the manner in which it can be made complete, including a list
and thorough description of specific information needed to complete the application. Upon
receipt of any resubmittal of the application, a new 30-day period shall begin, during
which the director shall determine the completeness of the application.
(b) Submittal of Additional Information
Not later than 30 days after receipt of the submitted materials, the director shall notify the
applicant in writing whether the application is complete. The director shall specify those
parts ofthe application that are incomplete and shall indicate the manner in which it can be
made complete, including a list and thorough description of specific information.
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18.77.040 Time Limits for Review
(c) Failure to Make a Determination
If the director fails to make a written determination within 30 days, the application,
together with the submitted materials, will be deemed complete and the application shall
be eligible to be acted upon on its merits.
(d) Appeal of the Director's Decision -Filing
Any applicant aggrieved by the director's determination regarding the completeness of an
application may file an appeal with the planning division, as set forth in Chapter 18.78.
(e) Inadequate Information
Nothing in this section shall preclude the director or city council from denying the
application on the grounds that the information provided is inadequate to demonstrate that
the application should be approved in accordance with this title (Zoning).
(I) Waiver of Time Limits
Nothing in this section precludes an applicant from waiving the right to a determination of
incompleteness or from extending the period oftime for a determination of completeness.
18.77.040 Time Limits for Review
All applications governed by the procedures ofthis chapter shall be acted upon in accordance
with state law (including the provisions of the Permit Streamlining Act (chapter 4.5 of title 7 of
the Government Code, commencing with section 65920) and the California Environmental
Quality Act (CEQA) (division 13 of the Public Resources Code, commencing with section
21000)).
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I
18.77.060 Standard Staff Review Process
18.77.050 Review Procedures -Summary
Table 1 describes the action to be taken by each review or decision-making body involved in
granting a land use permit. The actions are described in further detail in Sections 18.77.060 and
18.77.070.
Staff Director
Planning
Commission
City
council·
Standard Staff
Review Process
• Variance
• Conditional Use Review Hearing Final
Permit application Tentative and Decision,
• Neighborhood Decision Recommendation, (upon
Preservation (upon request) request)
Exception
i\rchitecturalReview
•
•
Hearing Decision i\rchitectural Review Tentative and (if ARB hearing is (Minor) Decision Recommendation
(upon request) requested)
i\rchitectural Review Hearing
(Major) and Decision
Recommendation
18.77.060 Standard Staff Review Process
(a) Applications Subject to Standard StafTReview Process
The following applications are subject to the review process set forth in this section:
(1) Variances, conditional use permits, neighborhood preservation exceptions; and
(2) Other permits and approvals for which such review process is required by the
provisions ofthis title (Zoning).
(b) Notice of application completeness
Final
Decision
on Appeal
Final
Decision
on Appeal
Once an application is deemed complete, notice that the application has been filed and
deemed complete shall be given by mail to owners and residents of property within 600
feet of the property, by publication, bye-mail, and by posting in a public place. The notice
shall include the address ofthe property and a brief description of the proposed project.
(c) Decision by the director
Not less than twenty-one days following the date an application is deemed complete:
(1) The director shall prepare a proposed written decision to approve, approve with
conditions, or deny the application.
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18.77.060 Standard Staff Review Process
(2) Notice of the proposed director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by publication, bye-mail, and
by posting in a public place. 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 be final ifno 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 or published, whichever is later, unless a request for a hearing is
filed. The director may, for good cause, specify in writing a longer period for
requesting a hearing at the time he or she issues the proposed decision.
(4) Any party, including the applicant, may request a hearing of the planning and
transportation commission on the proposed director's decision by filing a written
request with the planning division. There shall be no fee required for requesting
such a hearing.
(d) Withdrawal of Hearing Request
(1) At any time prior to the hearing, the applicant and the person or persons requesting a
hearing may meet to discuss ways to address the concerns with the application. The
applicant may then modify the application to address such concerns. With the
consent of the applicant and the person or persons requesting a hearing, the director
may issue a revised proposed decision. The revised proposed decision shall identify
the modifications made to the previously issued decision. Upon the issuance of a
revised proposed decision by the director, the person or persons requesting a hearing
shall withdraw such request.
(2) Notice of the proposed director's decision shall be given by mail to owners and
residents o:(property within 600 feet ofthe property, by publication, bye-mail, and
by posting in a public place. Notice shall include the address of the property, a brief
description ofthe proposed project, the specific modifications made to the
application, the date the decision will be final, a description of how to request a
hearing, and a statement that any request for a hearing on the revised decision is
limited to those modifications.
(3) The revised proposed director's decision shall become final fourteen days after the
date notice is mailed or published, whichever is later, unless a request for a hearing is
filed. The director may, for good cause, specifY in writing a longer period for
requesting a hearing at the time he or she issues the proposed decision.
(e) Hearing and Recommendation (upon request) by the Planning and Transportation
Commission
(1 ) Within 45 days following the filing of a timely hearing request of a proposed
director's decision or revised proposed director's decision the planning and
transportation commission shall hold a hearing on the application, unless the request
is withdrawn as described above.
(2) Notice of the revised director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by pUblication, bye-mail, and
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18.77.070 Architectural Review Process
by posting in a public place. 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) Following the hearing, the planning and transportation commission shall make a
recommendation on the application, which shall be forwarded to the city council.
(1) Decision by the city council
The recommendation of the planning and transportation commission on the application
shall be placed on the consent calendar of the city council within 30 days. The city council
may:
(I) Adopt the findings and recommendation of the planning and transportation
commISSIon; or
(2) Remove the recommendation from the consent calendar, which shall require three
votes, and:
(A) Discuss the application and adopt findings and take action on the application
based upon the evidence presented at the hearing ofthe planning and
transportation commission; or
(B) Direct that the application be set for a new hearing before the city council,
following which the city council shall adopt findings and take action on the
application.
(g) Decision by the city council Final
The decision of the city council is fmal.
18.77.070 Architectural Review Process
(a) Applications Subject to Architectural Review Process
The following applications are subject to the review processes set forth in this section:
(I) Any major or minor proj ect requiring architectural review approval, as set forth in
Section 18.76.020 (Architectural Review);
(2) Any project requiring a design enhancement exception; and
(3) Other permits and approvals for which such review process is required by the
provisions of this title (Zoning).
(b) Tentative director's Decision and Hearing Upon Request for Minor Projects
For a minor project, as defined in Section 18.76.020(b )(3), once the application is deemed
complete:
(1 ) The director shall prepare a proposed written decision to approve, approve with
conditions, or deny the application.
(2) Notice of the proposed director's decision shall be given by publication. The notice
shall include the address ofthe property, a brief description of the proposed project,
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18.77.070 Architectural Review Process
a brief description of the proposed director's decision, the date the decision will be
final ifno 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 or published, whichever is later, unless a request for a hearing is
filed. The director may, for good cause, specify in writing a longer period for
requesting a hearing at the time he or she issues the proposed decision.
(4) Any party, including the applicant, may request a hearing by the architectural review
board on the proposed director's decision by filing a written request with the
planning division. There shall be no fee required for requesting such a hearing.
(c) Hearing and Recommendation for Major Projects, and for Minor Projects Upon
Request
(1) Upon receipt of a completed application for a major project (as defined in Section
18.76.020(b)(2)), or upon receipt ofa timely request for a hearing for a minor project
(as defined in Section 18.76~020(b)(3)), the architectural review board shall set a
hearing date to review the application.
(2) Notice of the hearing shall be given at least 10 days prior to the hearing by
publication in a local newspaper, by posting in a public place, and by mailing to the
applicant, the hearing requestor, if applicable, and all residents and owners of
property within 600 feet of the project. Notice shall include the address ofthe
property, a brief description ofthe proposed project, and the date and time ofthe
hearing.
(3) Following the hearing, the architectural review board shall make a recommendation
on the application, which shall be forwarded to the director.
(d) Decision by the director
Upon receipt of a recommendation of the architectural review board:
(1) Within three days, the director shall prepare a written decision to approve the
application, approve it with conditions, or deny it.
(2) Notice of the director's decision shall be given by mailing to owners and residents of
property within 600 feet of the property, by publication once in a local newspaper,
and by posting in a public place. Notice shall include the address of the property, a
brief description of the proposed project, a brief description ofthe action to be taken,
the date the decision will be final, and a description of how to request a hearing.
(3) The director's decision shall become final fourteen days after the date notice is
mailed or published, whichever is later, unless an appeal is filed. The director may,
for good cause, specify in writing a longer period for requesting a hearing at the time
he or she issues the proposed decision.
(4) If the architectural review board continues a minor proj ect more than once, or a
major project more than twice, the director may make a decision on the application
prior to receiving the final recommendation of the board.
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18.77.080 Notice
(e) Appeal of the director's Decision -Filing
Any party, including the applicant, may file an appeal of the director's decision with the
planning division. The appeal shall be filed in written form in a manner prescribed by the
director.
(1) Decision by the city council
The appeal ofthe director's decision shall be placed on the consent calendar of the city
council within 30 days. The city council may:
(1) Adopt the findings and decision of the director; or
(2) Remove the appeal from the consent calendar, which shall require three votes, and:
(A) Discuss the appeal and adopt findings and take action on the appeal based upon
the evidence presented at the hearing of the architectural review board; or
(B) Direct that the appeal be set for a new hearing before the city council,
following which the city council shall adopt findings and take action on the
application.
(g) Decision by the city council Final
The decision of the city council on the appeal is final.
18.77.080 Notice
(a) General Provisions
When notice is required by provisions ofthis chapter, it shall be given in accordance with
this section. Compliance with the procedures set forth in this chapter shall constitute a
good faith effort to provide notice, and the failure of any owner or occupant to receive
notice shall not prevent the city from proceeding with the hearing or from taking any
action or affect the validity of any action. Typographical and/or publishing errors shall not
invalidate the notice or any city action if the error is not prejudicial.
(b) Content of Notice
As used in this chapter, "notice" means a notice that includes, but is not limited to: a
general description, in text or by diagram, of the location of the real property that is the
subject of an application; a general explanation of the nature of the application; a brief
description of the tentative decision by the director and how to request a hearing, if
applicable; and the date, time, and place of a public hearing, if applicable.
(c) Notice by Publication
When notice by publication is required, the publication shall be in a local newspaper of
general circulation.
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18.77.090 Expiration of Approvals
(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.
(e) Notice by Electronic Mail (E-mail)
When notice bye-mail is required, notice shall be sent to the e-mail addresses of those
persons requesting such notice. The director shall establish, by administrative policy,
when and how such notice will be given. Multiple e-mail notices may be consolidated and
sent in the form of an e-mail newsletter, if the director chooses.
(I) Notice by Posting in a Public Place
When notice by posting in a public place is required, notice shall be posted in one or more
locations accessible to the public. The Director shall determine the location or locations
for posting.
(g) Notice by Posting at the Site
When notice by site posting is required, notice shall be posted in one or more prominent
places at the subject site. .
(h) Additional Notice
They director may provide, but is not required to provide, additional notice of hearings and
other actions on applications by posting in a public place, by site posting, or through any
other means the director chooses. Notice given under this subsection is in addition to, and
may not be substituted for, notice required under other provisions of this chapter.
18.77.090 Expiration of Approvals
(a) Expiration -General
Permits and approvals shall automatically expire after twelve months, unless otherwise
provided in the permit or approval, from and after the date of issuance of the permit or
approval if within such twelve month period, the proposed use of the site or the
construction of buildings has not commenced, pursuant to and in accordance with the
provisions of the permit or approval. The director may, without a hearing, extend such time
for a maximum period of twelve additional months only, upon application filed with him
or her before the expiration of the twelve-month limit, or the expiration of such limit as
may be specified by the conditions of the approval.
(b) Effect of Amendments to Approvals
Amendments to approvals shall not extend thetime limits in subsection (a) unless so stated
in the amendment.
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18.77.110 Revocauon or Modification of Approvals
(c) Expiration -Approvals in conjunction with a vesting tentative map
Whenever a vesting tentative map is approved or conditionally approved pursuant to
Chapter 21.13 and the Subdivision Map Act, the approval pursuant to this chapter shall be
valid until the exp~ration of the vesting tentative map or expiration of development rights
under the final map. Applications may be made for extensions, but only in conjunction
with applications for extensions of the vesting tentative map or the final vesting map
pursuant to Chapter 21.13 and the Subdivision Map Act.
18.77.100 Duration of Permits
If a use authorized by a permit or approval is discontinued for a period of twelve months, the
permit or approval will no longer be in effect. If a building or structure that is subject to a permit
or approval is destroyed or demolished, the permit or approval will no longer be in effect.
18.77.110 Revocation or Modification of Approvals
(a) Notice of noncompliance or public nuisance
The director may issue a notice of noncompliance for any failure to comply with any
condition of any permit or approval, or when a use conducted pursuant to a conditional use
permit is being conducted in a manner detrimental to the public health, safety and welfare.
The notice of noncompliance shall be sent by certified mail to the address of the subject
property and to the owner of the property as shown on the latest equalized assessment roll
or such other interim record as may be provided by the county assessor. Such notice shall
set forth the action necessary to come into compliance and a timeframe for compliance.
(b) Public hearing by the zoning administrator
(1) If the noncompliance is not abated, corrected or rectified within the time specified by
the director in the notice of noncompliance, the director may issue an order to show
cause why such a permit or approval shall not be revoked, suspended or modified.
An order to show cause shall be set for a public hearing before the zoning
administrator.
(2) Notice of the hearing shall be given at least 10 days prior to the hearing by
pUblication in a local newspaper and by mailing to the applicant and all residents and
owners of property within 600 feet of the project. Notice shall include the address
of the property, a brief description of the noncompliance, and the date and time of
the hearing.
(c) Decision by the zoning administrator
Within 10 days following the hearing:
(1) The zoning administrator shall prepare a written decision to revoke, suspend,
modify, or leave unchanged, any permit or approval upon finding that:
6030025
(A) A violation of any condition ofthe permit or approval was not abated,
corrected or rectified within the time specified on the notice of noncompliance;
or
91
18.77.110 Revocauon or Modification of Approvals
(B) A violation of any city ordinance or state law was not abated, corrected or
rectified within the time specified on the notice of noncompliance; or
(C) A use as presently conducted is detrimental to the public health, safety and
welfare.
(2) Notice ofthe zoning administrator's decision shall be given by mailing to owners
and residents of property within 600 feet ofthe property, and by publication once in
a local newspaper. Notice shall include the address ofthe property, a brief
description of the noncompliance, a brief description of the action to be taken, the
date the decision will be final, and a description of how to appeal the decision.
(3) The zoning administrator's decision shall become final fourteen days after notice is
mailed unless a timely appeal is filed.
(d) Appeal of the Zoning Administrator's Decision -Filing
Any party, including the applicant, may file an appeal ofthe zoning administrator's
decision with the planning division. The appeal shall be filed in written form in a manner
prescribed by the director .
. (e) Hearing and Recommendation by the Planning and Transportation Commission
(l) Following the filing of a timely appeal of a zoning administrator's decision, the
planning and transportation commission shall hold a hearing on the appeal.
(2) Notice of the hearing shall be given at least 10 days prior to the hearing by
publication in a local newspaper and by mailing to the applicant, the hearing
requestor, and all residents and owners of property within 600 feet ofthe project.
Notice shall include the address ofthe property, a brief description of the decision of
the zoning administrator, and the date, time and place ofthe hearing.
(3) Following the hearing, the planning and transportation commission shall make a
recommendation on the appeal, which shall be forwarded to the city counciL
(f) Decision by the city council
The recommendation ofthe planning and transportation commission on the appeal shall be
placed on the consent calendar ofthe city council within 30 days. The city council may:
(1) Adopt the findings and recommendation of the planning and transportation
commISSIOn; or
(2) Remove the appeal from the consent calendar, which shall require three votes, and:
(A) Discuss the appeal and adopt findings and take action on the appeal based upon
the evidence presented at the hearing ofthe planning and transportation
commIssIon; or
(B) Direct that the appeal be set for a new hearing before the city council,
following which the city council shall adopt findings and take action on the
application.
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18.77.120
(g) Decision by the city council Final
The decision of the city council is final.
Home improvement Exception Proceess
18.77.120 Home Improvement Exception Proceess
(a) Applications Subject to Home Improvement Exception Process
Applications for home improvement exceptions are subject to the review process set forth
in this section.
(b) Optional Hearing Request Notice
Upon receipt of an application for a home improvement exception, the zoning
administrator shall send an optional hearing request notice to the applicant and all persons
shown in the last equalized assessment roll (as updated by the semi-annual real estate
update information) as owning real property within 150 feet of the exterior boundary of the
property which is the subject of the application. The optional hearing request notice shall
contain the following:
(1) The exact address of the property for which the home improvement exception is
sought;
(2) A brief description of the home improvement exception sought;
(3) Reference to the application on file for particulars;
(4) A statement that director will act upon the application on a date certain, which is at
least ten working days from the date of mailing of the notice, if no written request for
a hearing is filed prior to such date.
(c) Requesting a Hearing
Any person may request a hearing on an application for a home improvement exception by
filing a written request therefor with the director prior to the proposed date of zoning
administrator action as set forth in the notice described in subsection (b)(4) ofthis section.
(d) Notice and Conduct of Public Hearing, if Requested
(1) Upon receipt of a request for a hearing, the zoning administrator shall set a date for a
public hearing, which hearing shall be held within forty-five days of the date of filing
of the application or request for hearing.
(2) Notice of such hearing shall be given by publication once in a local newspaper of
general circulation not less than twelve days prior to the date of hearing.
Additionally, notice of such hearing shall be mailed at least twelve days prior to the
date of the hearing to the applicant, and to owners of record of real property within
150 feet of the exterior boundary of the property involved, as such owners of record
are shown in the last equalized assessment roll, and to owners or occupants of the
property within 150 feet as shown on the city utility customer file. Compliance with
the procedures set forth in this section shall constitute a good faith effort to provide
notice, and the failure of any owner or occupant to receive notice shall not prevent
6030025 93
18.77.120 Home mIprovement Exception Proceess
the city from proceeding with the hearing or from taking any action or affect the
validity of any action.
(3) The notice of public hearing shall contain the following:
(A) The exact address of the property, ifknown, or the location ofthe property, if
the exact address is not known, and the nature or purpose of the application.
(B) The time, place, and purpose ofthe hearing;
(C) A brief description, the content of which shall be in the sole discretion of the
city, ofthe variance, home improvement exception, or conditional use permit
sought;
(D) Reference to the application on file for particulars; and
(E) A statement that any interested person, or agent thereof, may appear and be
heard.
(4) Typographical and/or publishing errors shall not invalidate the notice nor any city
action ifthe error is not prejudicial.
(5) At the time and place set for the hearing, the zoning administrator shall hear
evidence for and against the application. Each hearing shall be open to the public.
The zoning administrator may continue any hearing from time to time.
(e) Decision of the Zoning Administrator
Within a reasonable time, but not more than ten working days after the conclusion of the
hearing, or in the case of a home improvement exception where no request for hearing has
been filed, no more than ten working days after the date proposed for zoning administrator
action as set forth in the optional hearing request notice, the zoning administrator shall
make findings and shall render a decision on the application. The decision shall be
supported by the evidence contained in the application and/or presented at the hearing.
Notice ofthe decision ofthe zoning administrator shall be mailed to the applicant and to
any other person requesting such notice.
(f) Appeals of the Decision of the Zoning Administrator
A home improvement exception granted by the zoning administrator shall take effect ten
days following the mailing of the notice of the decision of the zoning administrator, unless
an appeal is filed.
(g) Filing an Appeal
(1) An appeal may be taken to the planning commission by any person, firm, or
corporation aggrieved or affected by any determination of the zoning administrator
with respect to the granting or denial of a home improvement exception.
(2) An appeal shall be in writing and shall be filed with the city clerk within fourteen
days after the mailing of notice ofthe decision ofthe zoning administrator on a home
improvement exception. An appeal not filed within such time shall not be processed.
The appeal shall state the grounds therefor.
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18.77.120 Home improvement Exception Proceess
(3) An appeal shall be subject to an appeal fee as prescribed by the municipal fee
schedule. No part of the appeal fee shall be returnable to the appellant, except that
eighty percent of such fee shall be returnable to the appellant if the appellant
withdraws the appeal, by filing a written request therefor with the city clerk, within
seven days following the filing of the appeal.
(h) Action by City Clerk and Stay of Proceedings
Filing of an appeal with the city clerk shall stay all proceedings in furtherance of the action
appealed until the determination of the appeal as provided in this chapter. Upon the filing
of an appeal, the city clerk shall immediately notify the zoning administrator and chairman
of the planning commission of the appeal, and shall forward all materials submitted with
the appeal to the secretary of the planning commission.
(i) Hearing and Notification
Upon notification and receipt of the appeal, the chairman of the planning commission shall
set a date for a public hearing on the appeal, which shall be held within three months of the
date of filing of the appeal. Notice of hearing shall be given in the same manner as
provided in subsection (d) for notice of hearing by the zoning administrator.
The zoning administrator shall transmit to the planning commission copies of the original
application, of the appeal, and of other papers constituting the record upon which the
action appealed was taken, including a written statement setting forth the reasons for his
decision. The permit applicant at hislher expense shall be required to provide for the
commission and council sufficient copies, as determined by the zoning administrator, of
papers, including plans, that constitute the record of appeal.
(j) Action by Commission
Upon the date set for hearing, the planning commission shall conduct a public hearing
thereon, unless, for cause, the commission on that date continues the matter. Upon
conclusion of the hearing on the appeal, the commission shall make findings and
recommend to the city council that the decision of the zoning administrator be affirmed,
changed or modified, or in lieu thereof, make such other or additional recommendations as
it deems proper.
(k) Action by City Council
Upon receipt of the recommendation of the planning commission, the city council shall
consider the appeal within thirty days of receipt of the recommendation by the city clerk.
The council may, at its option, conduct a public hearing on the matter.
In conformity with the provisions of this title, the council may by motion reverse or affirm
wholly or partly, or may modify any decision, determination, or requirement recommended
by the planning commission, and may make such decision or determination or may impose
such conditions as the facts warrant with.respect to the appeal and to the approval or denial
of the application for a home improvement exception, and the decision or determination of
the coun~cil shall be final.
6030025 95
)
18.77.120 Home improvement Exception Proceess
If granted by the council upon appeal, the home improvement exception shall be effective
immediately. Notice ofth~ council's decision shall be mailed to the original applicant, to
the person filing the appeal, and to any other person who has filed a written request
therefor with the city clerk.
6030025 96
18.77.040
Sections:
18.77.010
18.77.020
18.77.030
18.77.040
18.77.010
Purpose and Scope
Filing
Exhibit 4
Chapter 18.78
APPEALS
Action by the City Council
Planning and Transportation Commission Review and Recommendation
City Council Action
Purpose and Scope
The purpose of this chapter is to establish a single procedure for the filing, review, and action on
appeals ofthe following determinations of the director:
(a) Appeals of decisions on tree removal permits, as set forth in Chapter 8.10, parking
adjustments, as set forth in Sections 18.83.120 and 18.83.130, and determinations of incomplete
applications, as set forth in 18.77.030; and
(b) Other permits and approvals for which such appeals process is authorized by the
provisions of this title (Zoning), or other titles of this municipal code.
Where the provisions of this title permit an appeal from a determination of the director, it shall
be processed as provided in this chapter, unless otherwise provided.
18.77.020 Filing
An appeal shall be filed with the planning division in written form in a manner prescribed by the
director.
18.77.030 Planning and Transportation Commission review and
recommendation
Within 30 days of the filing ofa timely appeal from a director's determination, the planning and
transportation commission shall review the appeal at a public meeting and issue a
recommendation to the city council to uphold, overturn, or modify the action or determination of
the director.
18.77.040 Action by the City Council
(a) Action by the city council
The recommendation of the planning and transportation commission on the application
shall be placed on the consent calendar ofthe city council within 30 days. The city council
may:
(1) Adopt the recommendation ofthe planning and transportation commission; or
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18.77.040 Action by the City Council
(2) Remove the appeal from the consent calendar, which shall require three votes, and
take action to uphold, overturn, or modify the action or determination of the director.
(b) Decision by the city council Final
The decision of the city council is final.
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