HomeMy WebLinkAbout2001-09-19 Ordinance 4716follows:
ORDINANCE NO. 4716
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING TITLE 18 OF THE MUNICIPAL CODE TO
ADOPT CHANGES INTO THE SINGLE FAMILY (R-1) ZONE
DISTRICT REGULATIONS
The City Council of the City of Palo Alto does ordain as
SECTION 1. The Council finds and declares that:
A. Because the City is largely built-out, most
residential construction takes place within established
neighborhoods. Construction of new houses and remodeling of
existing houses may have a significant impact on a
neighborhood's visual character.
B. Encouraging respect
streetscape and preserving the
neighborhoods fosters harmonious
enhances the desirability of
neighborhoods.
for pri vacy ,
character of
massing and
established
community relationships and
the City's residential
C. The City formed an advisory group to study the
ongoing problem of residential construction that significantly
alters privacy relationships and streetscape. The advisory group
began meeting in January 2000. After thorough consideration of
the problem and possible solutions, the advisory group
recommended that the City amend the R-1 development standards to
promote neighborhood compatibility.
D. After considering the recommendations of the advisory
group and public comments at study sessions on March 21, 2001
and May 23, 2001 and duly noticed hearings on June 6, 2001 and
July 11, 2001, the Planning and Transportation Commission
recommended to the City Council that Title 18 of the Palo Alto
Municipal Code be amended to adopt changes into the single-
family (R-1) zone district regulations.
SECTION 2. Subsection 18.04.030(64) of the Municipal
Code is hereby amended to read as follows:
(64) A. "Grade', II in all districts other
than R-1, means the lowest point of adjacent
ground elevation, of the finished surface of the
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ground t paving t or sidewalk t excluding areas
where grade has been raised by means of a berm t
planter box, or similar landscaping feature,
unless required for drainage, within the area
between the building and the property line, or
when the property line is more than five feet
from the building, between the building and a
line five feet from the building. In building
areas, with natural slopes in excess of ten
percent "grade ll shall mean "the adj acent ground
elevation of the finished or existing grade,
whichever is lower.
B. "Grade" in the R-1 District t means t for
each building or structure t the lowest point of
adj acent ground elevation prior to grading or
fill, if the site has a natural slope of 10% or
less. For R-1 sites with a natural slope of
more than 10% I (calculated using the lowest and
highest elevations on the site) t "grade" shall
mean the adjacent ground elevation of the
finished or existing grade, whichever is lower.
SECTION 3. Subsection 18.04.030(65) of the Municipal
Code is hereby amended to read as follows:
(65) (A) "Gross floor area" means the total
area of all floors of a building measured to the
outside surfaces of exterior walls, and
including all of the following:
(i) Hallsi
(ii) Stairwaysi
(iii) Elevator shaftsi
(iv) Service and mechanical equipment
roomsi
(v) Basement t cellar or attic areas
deemed usable by the director of planning and
community environmenti "
plazas,
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(vi) Open or roof"ed porches, arcades,
balconies t courts, walkways, breezeways
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t ",
or . porticos if located above the ground floor
and used for required access;
(vii) Permanently roofed,
partially enclosed or unenclosed,
features used· for sales, service,
storage or similar uses; and
but either
building
display,
(viii) In residential districts, all
roofed porches, arcades, balconies, porticos,
breezeways or similar features when located
above the ground floor.
(B) Gross floor area shall not include the
following:
(i) Parking facilities accessory to a
permitted or conditional use and located on the
same site;
(ii) Roofed arcades, plazas, walkways,
porches, breezeways, porticos, and similar
features not substantially enclosed by exterior
walls, and courts, at or near street level, when
accessible to the general public and not devoted
to sales, service, display, storage or similar
uses.
(iii) Except in the CD District
and in areas designated as special study areas,
minor additions of floor area approved by the
director of planning and community environment
for purposes of resource conservation or code
compliance, upon the determination that such
minor additions will increase compliance with
environmental health, safety or other federal,
state or local standards. Such additions may
include, but not be limited to, the following:
a. Area designed for resource
conservation, such as . trash compactors,
recycling and thermal storage facilities;
b. Area designed and required
for hazardous materials storage facilities,
handicapped access or seismic upgrades;
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(iv) In commercial and industrial
districts except in the CD District and in areas
designated as special study areas, additions of
floor area designed and used solely for on-site
employee amenities for employees of the
facility, approved by the director of planning
and community environment, upon the
determination that· such additions will
facilitate the reduction of employee vehicle
use. Such additions may include, but not be
limited to, recreational facilities, credit
unions, cafeterias and day care centers.
(C) In the R-E single-family residence
district, "gross floor area" means the total
covered area of all floors of a main structure
and accessory structures greater than one
hundred twenty square feet in area, including
covered parking and stairways, measured to the
outside surface of exterior walls, subj ect to
the following exceptions:
(i) Floor area where the distance
between the floor and the roof directly above it
measures S.18 meters (seventeen feet) or 11)0re,
shall be counted twice;
(ii) Floor area where the distance
between the floor and the roof directly above it
measures 7.92 meters (twenty-six feet) or more
shall be counted three times;
(iii) Basements where the finished
level of the first floor is not more than .91
meters (three feet) above the grade around the
perimeter of the building foundation shall be
excluded from the calculation of gross floor
area, provided that lightwells, stairwells and
other excavated features comply with the
provisions of Section 18.10.0S0(m),
18.12.0S0(0), 18.17.0S0(p), or 18.19.0S0(0), as
applicable; and
(iv) Two hundred square feet of
unusable third floor equivalent, such as attic
space, shall be excluded from the calculation of
gross floor area. There shall be no exclusion
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of floor area if any portion of the unusable
third floor equivalent area has a roof slope of
less than 4:12.
(v) Carports shall be counted toward
the maximum allowable floor area ratio
requirements.
(D) In the R-1 single-family residence
districts, "gross floor area" means the total
covered area of all floors of a main structure
and accessory structures greater than one
hundred twenty square feet in area, including
covered parking and stairways, measured to the
outside surface of stud walls, subject to the
following exclusions and conditions:
(i) Floor area where the distance
between the floor and the roof directly above it
measures 5.18 meters (seventeen feet) or more
shall be counted twice;
(ii) Floor area where the distance
between the floor and the roof directly above it
measures 7.92 meters (twenty-six feet) or 'more
shall be counted three times;
(iii) Basements where the finished
level of the first floor is not more than .91
meters (three feet) above the grade around the
perimeter of the building foundation, shall be
excluded from the calculation of gross floor
area, provided that lightwells, stairwells and
other excavated features comply with the
provisions of Section 18.10.050(m),
18.12.050 (0), 18.17.050 (p), or 18.19.050 (0), as
applicable;
(iv) Two hundred square feet of
unusable third floor equivalent, such as attic
space, shall be excluded from the calculation of
gross floor area. There shall be no exclusion
of floor area if any portion of the unusable
third floor equivalent area has a roof slope of
less than 4:12;
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011003 syn 0090859
(v) Carports shall be included in
gross floor area;
(vi) Entrance structures or towers I
whether enclosed or unenclosed I shall be
included in gross floor area. Any portion of an
exterior entrance structure or tower greater
than 12 feet in height shall be counted twice;
(vii) Fireplaces shall be included in
gross floor areaj and
(viii) Recessed porches located on the
first floor shall be excluded from gross floor
area.
SECTION 4. Subsection 18.04.030(67) of the Municipal
Code is amended to read as follows:
(67) "Height" means the vertical distance
above grade to the highest point of the coping
of a flat roof or to the deck line of a mansard
roof or to the average height of the highest
gable of a pitched or hipped roof I except that
in the R-2 and RMD Districts the height of a
pitched or hipped roof shall be measured to the
height of the peak or highest ridge line. In
the R-1 district l height shall be measured from
the highest point of the structure's roof l
including wall parapets I to the grade. The
height of a stepped or terraced building is the
maximum height of any segment.
SECTION 5. Subsection 18.12.050 (d) of the Municipal
Code is amended to read as follows:
(d) Front Yard. The minimum front yard
(" setback") shall be the greater of 6.1 meters
(twenty feet) or the average setback. "Average
setback" means the average distance between the
front property line and the first main building
wall on sites on the same side of the block.
For blocks longer than 600 feet I the average
setback shall be based on the ten sites located
on the same side of the street and nearest to
the subject property.
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"
SECTION 6. Subsection 18.12.050 (h) of the Municipal
Code is hereby amended to read as follows:
(h) Site coverage is regulated as follows:
(1) The maximum building site coverage for
sites with single-story development shall be
equal to the maximum floor area ratio. The
maximum building site coverage for residences of
two or more stories shall be thirty-five percent
of the site.
(2) Covered· patios and overhangs otherwise
in compliance with all applicable laws may cover
five percent of the site area in addition to the
maximum site coverage prescribed in subdivision
(1) .
(3) The covering of a court is exempt from
the calculation of site coverage provided that
the court existed prior to July 20, 1978.
SECTION 7. Subsection 18.12.050 (j) of the Municipal
Code is hereby amended to read as follows:
(j) Height
(1) General. The maximum height shall be
9.14 meters (thirty feet) as measured to the
peak of the roof or 10.05 meters (thirty-three
feet) if the roof pitch is 12: 12 or greater.
Provided, in a special flood hazard area as
defined in Chapter 16.52, the maximum heights
are increased by one-half of the increase in
elevation required to reach base flood
elevation, up to a maximum of thirty-three
feet.
(2) Daylight Plane. No structures except
those described in subsections (A), (B), and (C)
of this subsection (2) shall extend beyond a
daylight plane having a height of 3.05 meters
(ten feet) at each side lot line and an angle of
forty-fi ve degrees, nor beyond a daylight plane
having a height of 4.88 meters (sixteen feet) at
the rear setback line and an angle of sixty
degrees. If the site is in a special flood
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hazard area and entitled to increased maximum
height under subsection (i) above, the heights
for the daylight planes shall be adjusted by the
same amount.
(A)
antennas; chimneys
width of five feet;
Television
and flues
and
with a
radio
maximum
(B) Dormers, roof decks, gables
or similar architectural features; provided that
the horizontal length of all such features shall
not exceed a combined total of 4.57 meters
(fifteen feet) on each side. No single feature
shall exceed 7.5 feet in length and there shall
be a minimum five-foot separation between each
feature. The height of such features shall not
exceed 7.3 meters (twenty-four feet) above
grade;
(C) Cornices, eaves, and similar
architectural features, excluding flat or
continuous walls or enclosures of usable
interior space, may extend into a required
daylight plane a distance not exceeding 0.6
meters (two feet). Chimneys may extend into the
required daylight plane a distance not to exceed
the minimum allowed pursuant to Chapter 16.04 of
this code.
Upon request by the building official, any person building or
making improvements to a structure shall provide a certification
that the structure, as built, complies with the daylight plane
provisions of this subsection (2). Such certification shall be
prepared by a licensed engineer, architect or surveyor and shall
be provided prior to frame inspection
SECTION 8. Subsection 18.12.050(1) of the Municipal
Code is hereby amended to read as follows:
(1) Lighting. Recreational and security
lighting shall be permitted only so long as the
lighting is shielded or diffused so that the
direct light does not extend beyond the property
where it is located. From March 11, 1991, both
recreational and security lighting, if free-
standing, shall be restricted to twelve feet in
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011003 syn 0090859
1 "
height. Direct light from outdoor fixtures
shall only fall 'on the walls, eaves, and yard
areas of the site on which it is located.
Outdoor fixtures shall have lens covers or
reflectors that shield the lamp from view and
direct the ,light away from neighboring
properties.
SECTION 9. Subsections (m) through (0), inclusive, of
Section 18.12.050 of the Municipal Code are hereby redesignated
as subsections (n) through (p), inclusive, and the following new
subsection (m) is hereby added to Section 18.12.050 of the
Municipal Code to read as follows:
(m) If the predominant neighborhood pattern
is of garages located within the rear half of
the site, attached garages shall be located in
the rear hal f of the house footprint. Detached
garages shall be located in the rear half of the
site and, if within a rear or side setback, at
least seventy five feet from the front property
line. n Predominant neighborhood pat tern" means
that of half or more of the houses on the same
side of the block, or half or more of the houses
on both sides of the block. For blocks longer
than 600 feet, the calculations shall be based
on the ten homes located nearest to and on the
same side of the block as the subject property,
and on the combination of those ten homes and
the homes facing them. Access shall be provided
from a rear alley if the existing development
pattern provides for alley access.
SECTION 10. The following new subsection (q) is hereby
added to Section 18.12.050 of the Municipal Code to read as
follows:
(q) Sixty percent of the required front
yard shall have a permeable surface that
permits water absorption directly into the soil.
Provided, all sites may have an impervious 16'x
20' driveway and an impervious 4'x 20' walkway.
SECTION 11. The following new subsection (r) is hereby
added to Section 18.12.050 of the Municipal Code to read as
follows:
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(r) Parking and driveway surfaces may have
ei ther permeable or impermeable paving. Gravel and
similar loose materials shall not be used for driveway
or parking surfaces within ten feet of the public
right of way.
SECTION 12. Section 18.88.030 of the Municipal Code is
amended to read as follows:
18.88.030 Location of accessory buildings.
(a) Except as otherwise provided in this
section, accessory buildings shall at all times
be located in conformance with requirements for
principal buildings, and shall not be located in
any required front, side or rear yard.
(b) In residential zones, accessory
buildings may be located in a required interior
yard subject to the following limitations:
(1) An accessory building shall not
be used for living and/or sleeping purposes
unless the building was legally constructed for
or legally converted to living and/or sleeping
purposes prior to October 13, 1983.
(2) An accessory building
be located in a required front yard,
street yard, or a required rear
through lot.
shall not
a required
yard of a
(3) An accessory building shall not
be located in a required interior side or rear
yard unless the building is at least 22.9 meters
(seventy-five feet) from any street line,
measured along the respective lot line.
Provided, on corner lots in the R-1 district,
detached garages and carports may be located in
the rear yard if at least seventy-five feet from
the front _ street and twenty feet from the side
street.
(4) Accessory buildings located
within a required interior yard as permitted by
this section shall be subject to a maximum
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height established by a daylight plane beginning
at a height of 2.44 meters (eight ) at the
property line and increasing at a slope of one
meter for each three meter~ of distance from the
property line, to a maximum height of 3.66
meters (twelve feet).
(5) No such accessory building shall
have more than two plumbing fixtures.
(c) No swimming pool, hot tub, spa or
similar accessory facility shall be located in
any portion of a required front or street side
yard.
SECTION 13. Subsection 18.88.090 {a} of the Municipal
Code is hereby amended to read as follows:
{a} {I} Except as limited by paragraph
(a) (2) and (a) (3) below, cornices, eaves,
fireplaces and similar architectural features,
excluding flat or continuous walls or enclosures
of usable interior space, may extend into a
required side yard a distance not exceeding 0.6
meters (two feet), or may extend into a required
front or rear yard a distance not exceeding 1.2
meters (four feet). Window surfaces, such as bay
windows or greenhouse windows, may extend into a
required front, side or rear yard a distance not
exceeding 0.6 meters {two feet} or into a
required front yard a distance not exceeding
three feet. In residential districts or
nonresidential districts adj acent to residential
districts, the window surface may not extend
into any yard above a first story.
(2) In R-l single-family residential
districts, fireplaces in a required side yard
may not exceed five feet in width. Fireplaces
not exceeding five feet in width may project
into a required side yard no more than two feet.
(3) In R-l residential districts, window
surfaces may not extend into required side
yards, with the exception of one greenhouse
window with a maximum width of six feet, framed
into a wall, may proj ect into the side yard no
more than two feet.
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011003 syn 0090859
SECTION 14. Environmental Impact. The City Council
finds that the adoption and implementation of this ordinance is
exempt from the California Environmental Quality Act under
Guideline 15305.
SECTION 15 . Effective Date. This ordinance shall be
effective on November 19, 2001.
INTRODUCED: August 6, 2001
PASSED: September 19, 2001
AYES: BEECHAM, EAKINS, KLEINBERG, LYTLE, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT: BURCH, FAZZINO, WHEELER
ATTEST:
c~~B;r
APPROVED AS TO FORM:
Attorney
, , 1,~,:),tH'1 (or d0c!aye) under penalty
\(Jj iJ0I'JUry that the foregoing is true
.and correct:'/)
.:3 Ca. r~
i'..: '
011003 syn 0090859
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APPROVED:
Planning and
Environment