HomeMy WebLinkAbout2020-12-07 Ordinance 5512
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Ordinance No. 5512
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of
the Palo Alto Municipal Code, Including Chapters 18.04 (Definitions) and 18.16
(Neighborhood, Community, and Service Commercial (CN, CC, and CS) Districts),
18.40 (General Standards and Exceptions) and 18.52 (Parking and Loading
Requirements) to Establish the Housing Incentive Program for CS Zoned
Properties Along San Antonio Road Between Middlefield Road and East
Charleston Road, Including Rooftop Gardens, Modified Parking Requirements;
Change the Gross Floor Area Definition to Exempt Certain Subterranean Square
Footage; Modify Retail Preservation for Certain Housing Projects
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
A. In November 2017, the City adopted an updated Comprehensive Plan that
projected 3,545 to 4,420 new housing units between 2015 and 2030, and included policies to
encourage housing production. The Council subsequently approved a Housing Work Plan with
to support the City’s efforts in meeting its Regional Housing Needs Assessment (RHNA)
allocation of 1,988 units at varying levels of affordability and the goals inherent in the
Comprehensive Plan policies. The Housing Work Plan detailed the actions needed to spur the
production of housing, and included the proposed zoning changes reflected in this Ordinance to
remove barriers and disincentives to housing development at higher densities where
appropriate near transit, jobs and services, and that is affordable f or a range of income levels.
B. On April 1, 2019, the City adopted the Housing Work Plan, which included
various zoning ordinance amendments related to residential and residential mixed-use
developments standards such as the housing incentive program, rooftop gardens and parking
requirements.
C. On March 5, 2019, Ted O’Hanlon, representing Explore Real Estate on behalf
of 788 SAPA Land Inc., the property owner for 788 San Antonio Road in Palo Alto, submitted an
application for a high-density residential project. That project has since evolved to include a
commercial component.
D. On May 20, 2019, the City Council held a duly noticed public hearing and was
presented a pre-screening of the project that included potential zoning text amendments to
implement the project and developments such as the project within the vicinity (CMR 10330).
E. On August 12, 2020, the Planning & Transportation Commission conducted a
duly noticed public hearing, at which it reviewed, considered, and recommended the
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amendments to the Palo Alto Municipal Code described herein (CMR 11483).
F. On November 16, 2020, the City Council held a duly noticed public hearing
and considered the subject amendment, including the recommendation from staff and the
Planning & Transportation Commission and all public comments received prior to or at the
hearing. The Council introduced the Ordinance for first reading.
G. The proposed Ordinance promotes the development of housing in
accordance with the goals and policies in the City’s Comprehensi ve Plan and the purposes of the
City’s Zoning Code.
H. The proposed ordinance was considered through the California
Environmental Quality Act.
SECTION 2. Subsection (a)(65)(B) (Gross Floor Area, Non-residential & Multifamily
Exclusions) of Section 18.04.030 of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo
Alto Municipal Code (PAMC) is amended to add a new subdivision (vi) as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
[. . .]
(65) “Gross floor area” is defined as follows:
[. . .]
(B) Non-residential & Multifamily Exclusions: For all zoning districts other than
the R-E, R-1, R-2 and RMD residence districts, “gross floor area” shall not include
the following:
[. . .]
(vi) In subterranean parking garages: Areas designed and required for
electrical and fire equipment rooms, and other areas designated for
similar purposes that do not increase the intensity of the use of the site;
this exclusion only applies to the minimum area needed for equipment
rooms, and similar purposes to comply with current code requirements.
[. . .]
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SECTION 3. Subsection (k) (Housing Incentive Program) of Section 18.16.060
(Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service
Commercial (CN, CC, and CS) Districts) of Title 18 (Zoning) of the PAMC is amended as follows:
18.16.060 Development Standards
[. . .]
(k) Housing Incentive Program
(1) For an exclusively residential or residential mixed-use project in the
CC(2) zone or on CN or CS zoned sites on El Camino Real, the Director
may waive the residential floor area ratio (FAR) limit and the maximum
site coverage requirement after the project with the proposed waiver or
waivers is reviewed by the Architectural Review Board, if the Director
finds that a project exceeding these standards is consistent with the
required architectural review findings. In no event shall the Director
approve a commercial FAR that exceeds the standard in Table 4 of
Section 18.16.060(b) or a total FAR (including both residential and
commercial FAR) in excess of 2.0 in the CC(2) zone or 1.5 in the CN or CS
zone.
(1) The Director may waive the residential floor area ratio (FAR) limit and
the maximum site coverage requirement for a project that is reviewed
by the Architectural Review Board, if the Director finds that the project
with such waiver or waivers is consistent with the required architectural
review findings in Section 18.76.020. The Director may only waive these
development standards in the following areas and subject to the
following restrictions:
(A) For an exclusively residential or mixed-use project in the CC(2)
zone or on CN or CS zoned sites on El Camino Real. In no event
shall the Director approve a commercial FAR that exceeds the
standard in Table 4 of Section 18.16.060(b) or a total FAR
(including both residential and commercial FAR) in excess of 2.0
in the CC(2) zone or 1.5 in the CN or CS zone.
(B) For an exclusively residential or mixed-use project on CS zoned
sites on San Antonio Road between Middlefield Road and East
Charleston Road. In no event shall the Director approve a
commercial FAR that exceeds the standard in Table 4 of Section
18.16.060(b) or a total FAR (including both residential and
commercial FAR) in excess of 2.0.
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(2) For a 100% affordable housing project in the CC(2) zone or on CN or CS
zoned sites on El Camino Real, the Director may waive any development
standard including parking after the project with the proposed waiver or
waivers is reviewed by the Architectural Review Board, if the Director
finds that a project with such waiver or waivers is consistent with the
required architectural review findings. In no event shall the Director
approve development standards more permissive than the standards
applicable to the Affordable Housing (AH) Combining District in Chapter
18.30(J). A “100% affordable housing project” as used herein means a
multiple-family housing or mixed-use project in which the residential
component consists entirely of affordable units, as defined in Section
16.65.020 of this code, available only to households with income levels
at or below 120% of the area median income, as defined in Section
16.65.020, and where the average household income does not exceed
60% of the area median income level, except for a building manager’s
unit.
(2) The Director may waive any development standard including parking for
a project that is reviewed by the Architectural Review Board, if the
Director finds that the project with such waiver or waivers is consistent
with the required architectural review findings in Section 18.76.020. The
Director may only waive these development standards in the following
areas and subject to the following restrictions:
(A) For a 100% affordable housing project in the CC(2) zone or on
CN or CS zoned sites on El Camino Real;
(B) For a 100% affordable housing project on CS zoned sites on San
Antonio Road between Middlefield Road and East Charleston
Road.
(C) In no event shall the Director approve development standards
more permissive than the standards applicable to the
Affordable Housing (AH) Combining District in Chapter 18.30(J).
A “100% affordable housing project” as used herein means a
multiple-family housing or mixed-use project in which the
residential component consists entirely of affordable units, as
defined in Section 16.65.020 of this code, available only to
households with income levels at or below 120% of the area
median income, as defined in Section 16.65.020, and where the
average household income does not exceed 60% of the area
median income level, except for a building manager’s unit.
(3) This program is a local alternative to the state density bonus law, and
therefore, a project utilizing this program shall not be eligible for a
density bonus under Chapter 18.15 (Residential Density Bonus).
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[. . .]
SECTION 4. Footnote (2) of Table 4 (Mixed Use and Residential Development
Standards) of Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC, and CS) District) of Title 18 (Zoning) of the PAMC
is amended as follows:
Section 18.18.060 Development Standards
[. . .]
(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use
developments and residential developments. These developments shall be
designed and constructed in compliance with the following requirements and the
context-based design criteria outlined in Section 18.16.090, provided that more
restrictive regulations may be recommended by the architectural review board
and approved by the director of planning and community environment, pursuant
to Section 18.76.020.
Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to regulations
in:
Minimum Site
Specifications
Site Area (ft2)
None required
Site Width (ft)
Site Depth (ft)
Minimum Setbacks
Setback lines imposed
by a special setback
map pursuant to
Chapter 20.08 of this
code may apply
Front Yard (ft)
0' - 10' to
create an
8' - 12'
effective
sidewalk
width (8)
None
Required (8
)
0' - 10' to
create an 8'
- 12'
effective
sidewalk
width (8)
0' - 10' to
create an 8'
- 12'
effective
sidewalk
width (8)
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Rear Yard (ft) 10' for residential portion; no requirement for
commercial portion
Rear Yard abutting
residential zone
district (ft)
10'
Interior Side Yard if
abutting residential
zone district (ft)
10'
Street Side Yard (ft) 5'
Build-to-Lines 50% of frontage built to setback (1)
33% of side street built to setback (1)
Permitted Setback
Encroachments
Balconies, awnings, porches, stairways, and similar
elements may extend up to 6' into the
setback. Cornices, eaves, fireplaces, and similar
architectural features (excluding flat or continuous
walls or enclosures of interior space) may extend up
to 4' into the front and rear setbacks and up to 3'
into interior side setbacks
Maximum Site
Coverage 50% 50% 100% 50%
Landscape/Open
Space Coverage 35% 30% 20% 30%
Usable Open Space 150 sq ft per unit (2)
Maximum Height (ft)
Standard 35'(4) 50' 37' 50'
Within 150 ft. of a
residential zone
district (other than an
RM-40 or PC zone)
abutting or located
within 50 feet of the
side
35' 35'(5) 35'(5) 35'(5)
Daylight Plane for lot
lines abutting one or
more residential
zoning districts
Daylight plane height and slope shall be identical to
those of the most restrictive residential zoning
district abutting the lot line
Residential Density
(net)(3)
15 or
20(9)
See sub-
section (e)
below
No
maximum
30 18.16.060(i)
Sites on El Camino No No
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Real maximu
m
maximum
Sites on San Antonio
Rd Between
Middlefield Rd and E.
Charleston Rd
15 or
20(9) - No
Maximum
Maximum Residential
Floor Area Ratio
(FAR)
0.5:1(4) 0.6:1 0.6:1
Maximum
Nonresidential Floor
Area Ratio (FAR)
0.4:1 2.0:1 0.4:1
Total Mixed Use Floor
Area Ratio (FAR) 0.9:1(4) 2.0:1 1.0:1
Minimum Mixed Use
Ground Floor
Commercial FAR(6)
0.15:1(10) 0.15:1(10)
0.25:1(7)(10) 0.15:1(10)
Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54
(1) Twenty-five-foot driveway access permitted regardless of frontage;
build-to requirement does not apply to CC district.
(2) Required usable open space: (1) may be any combination of private and
common open spaces; (2) does not need to be located on the ground
(but rooftop gardens are not included as open space except as provided
below); (3) minimum private open space dimension six feet; and (4)
minimum common open space dimension twelve feet.
For CN and CS sites on El Camino Real, CS sites on San Antonio Road
between Middlefield Road and East Charleston Road and CC(2) sites that
do not abut a single- or two-family residential use or zoning district,
rooftop gardens may qualify as usable open space and may count as up
to 60% of the required usable open space for the residential component
of a project. In order to qualify as usable open space, the rooftop
garden shall meet the requirements set forth in Section 18.40.230.
(3) Residential density shall be computed based upon the total site area,
irrespective of the percent of the site devoted to commercial use.
[. . .]
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SECTION 5. Subsection (c) (Waivers and Adjustments; and Exemptions) of Section
18.40.180 (Retail Preservation) of Chapter 18.40 (General Standards and Exceptions) of Title 18
(Zoning) of the PAMC is amended to add a new subsection (4)(C) as follows:
Section 18.40.180 Retail Preservation
[. . .]
(c) Waivers and Adjustments; and Exemptions
[. . .]
(4) Exemptions. The following uses shall be exempt or partially exempt
from the provisions of this Section 18.40.180, as provided below shall
not apply to:
[. . .]
(C) A high-density residential or mixed-use project in the CS zone
district, but not within the Ground Floor (GF) or Retail (R) combining
districts, shall be required to replace only 1,500 square feet of an
existing Retail or Retail-Like use. For the purposes of this partial
exemption, high-density shall mean 30 or more dwelling units per acre.
[. . .]
SECTION 6. Footnote 4 of Table 1 (Minimum Off-Street Parking Requirements) of
Section 18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements of Chapter
18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the PAMC are amended as
follows:
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
[. . .]
Table 1
Minimum Off-Street Parking Requirements
[. . .]
1. Long Term (LT) and Short Term (ST) bicycle spaces as described in Section
18.54.060.
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2. A "micro-unit" as used herein means a residential unit of 450 square feet or
less.
3. Senior housing for purposes of this provision means an independent living
facility, not a convalescent or residential care facility.
4. For residential mixed-use developments in the CD-C zone, CC(2) zone, and on
CN and CS zoned sites abutting El Camino Real, and on CS zoned sites abutting
San Antonio Road between Middlefield Road and East Charleston Road, the
first 1,500 square feet of ground-floor retail uses shall not be counted toward
the vehicle parking requirement.
5. Because these parking standards are reduced from the standards otherwise
applicable to multiple-family residential development, projects that utilize
these reduced parking standards shall not be eligible for further parking
reductions through adjustments under Section 18.52.050, Table 4.
[. . .]
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutio nal by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 8. The City as the lead agency for the Project has determined that the
project is subject to environmental review under provisions of the California Environmental
Quality Act (CEQA) under Guideline section 15081, Decision to Prepare an EIR. Specifically, the
City prepared a Program EIR to address a series of actions that can be categorized as one large
project. A Historic Resource Evaluation was completed for the project because of the age of a
certain existing building on-site and it was determined that the building is eligible for listing on
the California Register of Historical Resources. The loss of the potential resource through
demolition cannot be mitigated and required the preparation of an EIR. Statements of
Overriding Considerations are proposed. All other potential significant impacts can be
mitigated to a level of less than significant with the implementation of mitigation measures. A
Final EIR was prepared for the project that includes responses to comments made during the
public draft circulation period (ending on September 14, 2020) and revisions to the draft EIR.
//
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//
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SECTION 9. This Ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED: November 16, 2020
PASSED: December 7, 2020
AYES: DUBOIS, FILSETH, FINE, KNISS, TANAKA
NOES: KOU
ABSENT: CORMACK
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Director of Planning & Development
Services
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250 Hamilton Ave
Palo Alto , CA 94301
Danielle.Kang@cityofpaloalto.org
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