HomeMy WebLinkAbout2003-06-16 Ordinance 4794ORDINANCE NO. 4794
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING TITLE 18 [ZONING] OF THE PALO
ALTO MUNICIPAL CODE TO AMEND CHAPTERS 18.10
[RESIDENTIAL ESTATE DISTRICT REGULATIONS],
18.12 [SINGLE-FAMILY RESIDENCE DISTRICT
REGULATIONS], 18.30 [NEIGHBORHOOD PRESERVATION
COMBINING DISTRICT REGULATIONS] AND 18.71
[OPEN SPACE DISTRICT REGULATIONS] PERTAINING
TO SECOND DWELLING UNITS
The City Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Findings. The City Council finds that:
(A) On September 29, 2002, the Governor
Assembly Bill 1866, which amended Government Code
65858.2 pertaining to second dwelling units.
approved
section
(B) The amendments to Government Code section 65858.2
require that local governments approve applications for second
dwelling units "ministerially without discretionary review or a
hearing. "
(C) Amendments to Ti tIe 18 of the Palo Alto Municipal
Code should be made to facilitate City compliance with the
requirements of Assembly Bill 1866.
SECTION 2. Subsection (k) is hereby deleted from
Section 18.10.040 of the Palo Alto Municipal Code (which lists
conditional uses in the RE District) .
SECTION 3. Subsection (k) is hereby added to Section
18.10.030 of the Palo Alto Municipal Code (which lists permitted
uses in the RE District), to read as follows:
18.10.030 Per.mitted uses.
The following uses shall be permitted in the RE
residential estate district:
(a) Accessory facilities and uses customarily
incidental to permitted uses;
1
030623 syn 0091227
(b) Agriculture, including crop farming, tree farming,
viticulture, poultry farming, and keeping and raising of
livestock, subject to the following limitations:
(1) At least two thousand square meters (21,528
square feet) of si te area shall be required for each horse,
mule, donkey, cow, steer, or similar livestock.
(2) At least two thousand square
square feet) of site area shall be required
goats, hogs, sheep, or similar livestock.
meters (21,528
for each three
(3) Keeping and raising of livestock, poultry, or
other animals may be conducted accessory to residential use, and
raising of animals for commercial purposes is prohibited.
(c) Home occupations,
residential use;
when accessory to permitted
(d) Horticulture and gardening;
(e) Sale of agricultural products produced on the
premises; provided, that no permanent commercial structure for
the sale or processing of agricultural products is permitted;
(f) Single-family use;
(g) Residential care homes;
(h) Mobile homes (manufactured housing) on permanent
foundations;
(i) Small and large family day care homes;
(j) Small adult day care home;
(k) A second single-family dwelling unit, provided
that, in addition to the site development regulations specified
for the RE District, all the following conditions are met:
(1) The minimum site area must be one acre.
(2) For a detached unit, the following development
standards apply:
2
030623 syn 0091227
(A) The second dwelling unit shall be
separated from the original dwelling unit and from any other
accessory building by a minimum distance of twelve feet.
(B) The second dwelling unit is limited in
size to nine hundred square feet of living area plus two hundred
square feet of covered parking area.
(C) The second dwelling unit is limited in
height to one story and a maximum height of seventeen feet, as
measured to the highest point of the building.
(D) The second dwelling shall be designed so
as to permit a minimum of two hundred square feet of usable open
space for each dwelling unit; provided, however, such open space
may be combined or separate, so long as a minimum of two hundred
square feet is directly accessible from each unit; and provided,
further, for the purposes of this section, usable open space
shall not include any required front or street side yard.
(E) The second dwelling unit shall be
architecturally compatible with the main residence, with respect
to style, roof pitch, color and materials.
(3) For an attached
development standards apply:
unit, the· following
(A) The second dwelling uni t may not have an
entranceway facing the same site line as the entranceway to the
main dwelling unit, and no exterior staircases leading to the
unit are permitted.
(B) The second dwelling unit is limited in
size to two hundred fifty square feet of living area, which
shall be counted in the total floor area ratio for the site.
(4) The second dwelling unit shall have street
access from a driveway in common with the main residence.
Separate driveway access may be permitted upon a determination
that separate access will result in fewer environmental impacts
such as excessive paving, unnecessary grading or unnecessary
tree removal, and that such separate access will not create the
appearance, from the street, of a lot division or two-family
use.
(5) The additional parking shall be screened to
off-site views by means of vegetation or fencing.
3
030623 syn 0091 227
(6) Accessory dwellings and guest cottages
existing on April 28, 1986, and which prior to that date were
lawful, conforming permitted uses may remain as legal
nonconforming uses. Such uses shall be permitted to remodel,
improve or replace site improvements on the same site, without
necessity to comply with site development regulations for
continual use and occupancy by the same use; provided that any
such remodeling, improvement or replacement shall not add a
ki tchen nor result in increased floor area, number of dwelling
units, height, length or any other increase in the size of the
improvement wi thout complying wi th the standards set forth in
this subsection (k).
SECTION 4. Subsection (h) is hereby
Section 18.12.040 of the Palo Alto Municipal Code
conditional uses in the R-1 District) .
deleted from
(which lists
SECTION 5. Subsection (h) is hereby added to Section
18.12.030 of the Palo Alto Municipal Code (which lists permitted
uses in the R-1 District), to read as follows:
18.12.030 Permitted uses.
The following uses shall be permitted ln the R-1 single-
family residence district:
(a) Accessory facilities and uses customarily
incidental to permitted uses; provided, that accessory
facilities built after the effective date of the ordinance
codified herein shall have no more than two plumbing fixtures;
(b) Home occupations,
residential use;
when accessory to permitted
(c) Horticulture, gardening, and growing
products for consumption by occupants of the site;
(d) Single-family use;
(e) Residential care homes;
of food
(f) Mobile homes (manufactured housing) on permanent
foundations;
(g) Small and large family day care homes.
4
030623 syn 0091227
(h) A second single-family dwelling unit;
that in addi tion to the si te development regulations
for the R-1 or R-1 special residential building site
district, all the following conditions are met:
provided,
specified
combining
(1) The minimum site area is thirty-five percent
larger than the minimum site area required in the respective R-1
or R-1 combining district. In the case of a flag lot, the lot
must be thirty-five percent larger than the minimum flag lot
size established by Section 21.20.300 for the respective R-1 or
R-1 combining district,
(2) For a detached unit, the following development
standards apply:
(A) The second dwelling unit must be
separated from the original dwelling unit and from any other
accessory building by a minimum distance of twelve feet.
(B) The second dwelling unit is
size to nine hundred square feet of living area plus
square feet of covered parking area.
limited in
two hundred
(C) The second unit is limited in height to
one story and a maximum height of seventeen feet, as measured to
the highest point of the building.
(D) The second dwelling unit shall be
designed to permi t a minimum of two hundred square feet of
usable open space for each dwelling unit; provided, however,
such open space may be combined or separate, so long as a
minimum of two hundred square feet is directly accessible from
each unit; and provided, further, for the purposes of this
section, usable open space shall not include any required front
or street side yard.
(E) The second dwelling unit shall be
architecturally compatible with the main residence, with respect
to style, roof pitch, color and materials.
(3) For an attached
development standards apply:
unit, the following
(A) The second dwelling unit may not have an
entranceway facing the same site line as the entranceway to the
main dwelling unit, and no exterior staircases leading to the
unit are permitted.
5
030623 syn 0091227
(B) The second dwelling unit is limited in
size to two hundred fifty square feet of living area, which
shall be counted in the total floor area ratio for the site.
(C) New second floor construction, whether to
be used for a primary dwelling or a second dwelling unit, is
subject to the provisions of Chapter 18.14 single-family
individual review.
(4) The second dwelling unit shall have street
access from a driveway in cornmon wi th the main residence in
order to prevent new curb cuts, excessive paving and elimination
of street trees.
(5) The additional parking shall be screened to
off-site views by means of vegetation or fencing.
SECTION 6. Section 18.12.050(g) of the Palo Alto
Municipal Code is hereby amended to read:
(g) Residential Density. Not more
family dwelling shall be permitted on any
allowed under 18.12.030(h).
than one single-
site, except as
SECTION 7. Section 18.12.070 (c) of the Palo Alto
Municipal Code is hereby amended to read:
(c) Not withstanding any provision of Chapters 18.88
and/or 18.94, in the case of a legal and nonconforming second
detached single-family dwelling existing prior to July 20, 1978
on a lot, or a legal non-conforming second dwelling unit above a
garage authorized by a conditional use permit prior to June 1,
2003, such nonconforming use shall be permitted to remodel,
improve, or replace site improvements on the same site without
the necessity to comply with site development regulations;
provided, that any such remodeling, improvement or replacement
shall not resul t in increased floor area, number of dwelling
units, height, length, or any other increase in the size of the
improvement.
SECTION 8. Subsection (h) is hereby
Section 18.71.060 of the Palo Al to Municipal Code
conditional uses in the OS district) .
6
030623 syn 0091227
deleted from
(which lists
SECTION 9. Subsection (i) is hereby added to Section
18.71.050 of the Palo Alto Municipal Code (which lists permitted
uses in the OS district), to read as follows:
18.71.050 Uses permitted.
Permitted uses include the following:
(a) Agricultural uses:
(1) Animal husbandry,
(2) Crops,
(3) Dairying,
(4) Horticulture, including nurseries,
(5) Livestock farming,
(6) Tree farming,
(7) Vi ticul ture and similar uses not inconsistent
with the intent and purpose of this chapter, but excluding hog
farming;
(b) Botanical conservatories, outdoor nature
laboratories, and similar facilities;
(c) Native wildlife sanctuaries;
(d) Single-family dwellings;
(e) Accessory facilities and accessory uses;
(f) Residential care homes;
(g) Mobile homes (manufactured housing) on permanent
foundations. See Section 18.88.140;
(h) Small day care homes.
(i) A second single-family dwelling unit, provided
that, in addition to the site development regulations specified
for the OS District, all of the following conditions are met:
(1) The minimum site area is ten acres.
7
030623 syn 0091227
(2) For a detached unit, the following development
standards apply:
(A) The second dwelling unit must be
separated from the original dwelling unit and from any other
accessory building by a minimum distance of twelve feet.
(B) The second dwelling unit is
size to nine hundred square feet of living area plus
square feet of covered parking area.
limited in
two hundred
(C) The second dwelling unit is limited in
height to one story and a maximum height of seventeen feet, as
measured to the highest point of the building.
(D) The second dwelling uni t shall be
designed so as to permit a minimum of two hundred square feet of
usabl e open spac e f or each dwe 11 ing uni t ; provi ded, however,
such open space may be combined or separate, so long as a
minimum of two hundred square feet is directly accessible from
each unit; and provided, further, for the purposes of this
section, usable open space shall not include any required front
or street side yard.
(E) The second dwelling unit shall be
architecturally compatible with the main residence, with respect
to style, roof pitch, color and materials.
(3) For an attached
development standards apply:
unit, the following
(A) The second dwelling unit may not have an
entranceway facing the same site line as the entranceway to the
main dwelling unit, and no exterior staircases leading to the
unit are permitted.
size to
shall be
(B) rrhe second dwelling unit is limited in
two hundred fifty square feet of living area, which
counted in the total floor area ratio for the site.
(4) The second dwelling unit shall have street
access from a driveway in common with the main residence.
Separate driveway access may be permitted upon a determination
that separate access will result in fewer environmental impacts
such as excessive paving, unnecessary grading or unnecessary
8
030623 syn 0091227
tree removal, and that such separate access will not create the
appearance, from the street, of a lot division.
(5) The additional parking shall be screened to
off-site views by means of vegetation or fencing.
(6) Accessory dwellings and guest cottages
existing on April 28, 1986, and which prior to that date were
lawful, conforming permitted uses may remain as legal
nonconforming uses. Such uses shall be permi t ted to remodel,
improve or replace site improvements on the same site, without
necessity to comply with site development regulations for
continual use and occupancy by the same use; provided that any
such remodeling, improvement or replacement shall not add a
kitchen nor result in increased floor area, number of dwelling
units, height, length or any other increase in the size of the
improvement without complying with the standards set forth in
this Section 18.71.050(i).
SECTION 10. Section 18.30.040 of the Palo Alto
Municipal Code (which requires Design Review in the Neighborhood
Preservation (NP) Combining District), to read as follows:
18.30.040 Design review requirements.
(a) Design Approval Required. No design review shall be
required for construction of or modifications to single-family
structures which consti tute the only principal structure on a
parcel of land, or for properties on which two or more
residential uni ts 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, design review and approval shall be
required by the architectural review board in compliance with
procedures established in Chapter 16.48 for any new development
or modification to any structure on the property and for site
amenities.
(b) Purposes.
achieve compatibility
and materials of new
the same property
combining district.
The purpose of design review shall be to
of scale, silhouette, facade articulation
construction with existing structures on
or on surrounding properties within a
shall,
(c) Design Guidelines. The archi tectural review board
at its discretion, develop specific design review
9
030623 syn 0091227
guidelines for each specific area to which this combining
district is applied.
(d) Exception for Accessory Dwelling Units. The Design
Review required under this section 18.30.040 for properties on
which two or more residential units are developed or modified
shall not apply provided all of the following conditions are met
for the second unit:
(1) For a detached unit,
standards apply:
the following development
(A) The second dwelling unit must be
separated from the original dwelling unit and from any other
accessory building by a minimum distance of twelve feet.
(B) The second dwelling unit must be limited
in size to nine hundred square feet of living area plus two
hundred square feet of covered parking area.
(C) The second dwelling unit shall be limited
in height to one story and a maximum height of seventeen feet,
as measured to the highest point of the building.
(D) The second dwelling shall be designed so
as to permit a minimum of four hundred square feet of usable
open space for each dwelling unit; provided, however, such open
space may be combined or separate, so long as a minimum of four
hundred square feet is directly accessible from each unit; and
provided, further, for the purposes of this section, usable open
space shall not include any required front or street side yard.
(E) The second dwelling unit shall be
architecturally compatible with the main residence, with respect
to style, roof pitch, color and materials.
(2) For an attached
development standards apply:
unit, the following
(A) The second dwelling unit may not have an
entranceway facing the same site line as the entranceway to the
main dwelling unit, and no exterior staircases leading to the
unit are permitted.
(B) The second dwelling unit must be limited
in size to two hundred fifty square feet of living area, which
shall be counted in the total floor area ratio for the site.
10
030623 syn 0091227
(3) The second dwelling unit shall have street
access from a driveway in common with the main residence.
Separate driveway access may be permitted upon a determination
that separate access will result in fewer environmental impacts
such as excessive paving, unnecessary grading or unnecessary
tree removal, and that such separate access will not create the
appearance, from the street, of a lot division.
SECTION 11. In Table 1
18.83.050 (Schedule of off-street
faci Ii ty requirements), the entry
Units is modified as follows:
of subsection (c)
parking, loading
for Single-family
in Section
and bicycle
Residential
Minimum Bicycle
Parking Requirement
Use
Single-family
residential use
(including second
detached or attached
single-family dwelling
units) :
(a) In the as district:
(b) In all other
districts:
030623 syn 0091227
Minimum Off-Street Parking
Requirement
For the primary dwelling
unit, 4 spaces, of which
one must be covered.
For a second detached
dwelling unit, 2 spaces, of
which one must be covered.
For a second attached
dwelling unit, 1 space.
For the primary dwelling
unit, 2 spaces, of which
one must be covered.
For a second detached
dwelling unit, 2 spaces, of
which one must be covered.
For a second attached
dwelling unit, 1 space.
11
Spaces Class
None
None
SECTION 12. Environmental Impact. The City Council
finds that the adoption and implementation of this ordinance is
exempt from the provisions of the California Environmental
Quality Act (CEQA) under Section 21080.17 of the Public
Resources Code, which exempts from CEQA the adoption of an
ordinance to implement the provisions of Section 65858.2 of the
Government Code.
SECTION 13. Direction to Ci ty Manager. As part of
the zoning ordinance update now in progress, the City Manager
shall cause the preparation of an amendment authorizing second
units in the R-1 single family district above detached garages,
not to exceed the general site development restrictions of the
district, in those settings where allowing such units is
desirable rather than detrimental.
SECTION 14. Effective Date. This ordinance shall be
effective 31 days after the date of its adoption.
INTRODUCED: June 2, 2003
PASSED: June 16, 2003
AYES: BEECHAMi BURCHi FREEMANi KISHIMOTOi KLEINBERGi
LYTLEi MORTONi MOSSARi OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
APPROVED AS TO FORM:
LD~v-....~~ Seni Asst. Clty Attorney
12
030623 syn 0091227
Dire to of Planning and
Community Environment
THIS DOCUMENT IS CER11f:IED TO BI: AN
ORDINANCE DULY PASSED BY THE COUI'\IaL
OF THE CITY OF PALO ALTO AND ~
THEREAf-rER POSTED ~J1lEJCO;MNCIL""'"
CI:1AMElERS ON 1+ 0 (WITHIN,.
SAYS OF ITS PASSAGE)
"I certify (or declare) under penally
of perjury that the foregoing is true a .'f'I ~ ,. J ;nd;o~it."~ tWrL -#i--~ 6 ·D~~P;ace ~ SlqMlure