HomeMy WebLinkAbout2000-06-26 Ordinance 4642i'
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ORDINANCE NO. 4642
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING THE PALO ALTO MUNICIPAL CODE TO
CORRECT TECHNICAL ERRORS AND DELETE OUTDATED
REFERENCES
The Council of the City of Palo Al to does ORDAIN as
SECTION 1. The City Council finds and declares as
A. The Palo Al to Municipal Code was last
adopted by.reference in codified form in 1967.
B. Since 1967, the City has
different publishers to produce the Municipal Code.
used three
C. Since 1998, electronic and online versions
of the Municipal Code have been provided by the most recent
publisher, ProCode.
D. During the process of preparing the 1998
edition of the Municipal Code, the City Clerk's Off ice, in
conjunction with ProCode and the City Attorney's Office,
reviewed and verified the text and legislative history of the
codified ordinances contained in the Municipal Code.
E. During that process, numerous technical
errors and outdated references were identi ed.
F. In order to prepare the 1998 Edition of the
Palo Alto Municipal Code for future recodification and adoption
by reference, it is desirable to correct the known technical··
errors and outdated references.
G. The City Council does not intend to change
the effect or meaning of any part of the Municipal Code through
these amendments. These amendments are technical corrections
only, and accordingly, should be interpreted in the same manner
as the existing code.
H. In order to reduce the . length · of this
ordinance, certain amended sections are not set forth in full,
~ut have been instead set forth only to the extent of the
amendments with any omissions noted by ellipses (. .) and the
omitted text shall be deemed to be the text found in the 1998
Edition of the Palo Alto Municipal Code as amended through
Ordinance No. 4618, effective April 6, 2000.
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SECTION 2. Section 4. 52. 040 of the Palo Alto Municipal
Code is hereby amended to read as follows:
"4.52.040 Minors on premises.
It is unlawful for any person under the
age of eighteen to be upon the premises of any
billiard room or bowling establishment, and no
person owning or operating such place shall
permit any minor to be upon such premises,
except as hereinafter provided:
(a) Persons at least sixteen years of
age, but under eighteen years, may be permitted
upon the premises from eight a. m. until twelve
midnight.
(b) Persons under the age of sixteen
years may be permitted upon the premises until
ten p.m.
(c) Any owner or operator may establish
more restrictive hours for minors, or exclude
minors.
(d) The chief of police may require
more restrictive hours for minors, or exclude
minors, if he determines that inadequate.
precautions exist to prevent the sale,
possession or consumption of alcoholic beverages
by minors on such premises."
SECTION 3. Subsection (a) (17) (c) of Section 4.54.110 of
the Palo Alto Municipal Code hereby amended to read as
follows:
"(a) All massage establishments shall comply
with the following facilities and operations
requirements:
(17) No massage establishment shall be allowed
in the following locations:
(A) Within two hundred fifty feet of
the exterior property limits of any public or
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private elementary school, junior high school or
high school;
(B) Within two hundred fty feet of
the exterior limits of any district where
residential use is the principal permitted use,
including all R and RM districts, 0-S districts,
and any P-C or P-F districts where the principal
use permitted or maintained is residential; or
(C) Within twelve hundred feet of the
exterior property limits of any other premises
lawfully occupied by a massage establishment, by
any establishment subject to the provisions of
Chapter 4.55, any cardroom or hot tub/sauna
establishment. For the purpose of determining
compliance with this standard, as to, between
and with respect to establishments lawfully in
operation on the effect date of this section,
priority between such existing establishments
shall be assigned in accordance with the dates
upon which said establishments commenced such
lawful operations.
All massage establishments lawfully in
operation on the effective date of this section
shall 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.
Any massage establishment legally existing
on the effective date of this subsection and
which is not in compliance with the provisions
of this subsection shall comply with said
provisions on or before May 24, 1987; provided,
however, that any such establishment which
intends to in any way transfer ownership or
alter or change the nature of any such massage
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
e~piration of said period is not in compliance .
with the provisions of this subsection shall at
that time discontinue and abate its operation.
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Any massage 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 in lieu of its current 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 massage 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. Section 4. 57. 070 of the Palo Alto Municipal
Code is hereby amended to read as follows:
"4.57.070 Permit -Duration -Renewal.
All permits issued pursuant to this chapter
shall expire one year after the date of
issuance; provided, however, that such permits
may be renewed by the chief of police for
additional periods of one year upon approval of
an application for renewal by the chief of
police and payment of the renewal fee. Such
renewal application must be received by the
chief of police, in completed form, no later
than forty-five days prior to the expiration of
the current permit."
SECTION 5. Subsection (b) of Section 4.57.110 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"4.57.110 Permit -Hearing.
(a) Any person whose application for a permit
has been denied, or whose permit has been
revoked pursuant to the provision of this
chapter, shall have the right to a hearing
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''
before the chief of police prior to final denial
or prior to revocation.
(b) The chief of police shall give the
applicant or permittee written notice of his or
her intent to deny the application or to revoke
the permit. The notice shall set forth the
ground or grounds for the chief of police's
intent to deny the application or to revoke the
permit, and shall inform the applicant or
permi ttee that he or she has ten days from the
date of receipt of the notice to file a written
request for a hearing. The application may be
denied or the permit revoked if a written
hearing request is not received within the ten-
day period.
(c) If the applicant or permittee les a
timely hearing request, the chief of police
shall set a time and place for the hearing. All
parties involved shall have the right to offer
testimony, documentary and tangible evidence
·bearing on the issues, to be represented by
counsel, and to confront and cross-examine any
witnesses against them. The decision of the
chief of police whether to deny the application
or revoke the permit is final and
nonappealable."
SECTION 6. Subsections (a) (6) and (a) (7) of Section
~. 04. 010 of the Palo Alto Municipal Code are amended to read as
follows:
"8.04.010 Definitions.
(a) For the purposes of this chapter the
following words shall have the meaning ascribed
to them in this section:
(1) "Person" means individuals, firms,
associations and corporations, and agents,
employees or representatives thereof.
( 2) "City" means the city of Palo· Al to
acting by and through its authorized
representatives.
( 3) "Street" means and includes all land
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' '
Code
lying between the boundaries of property
abutting on all public streets, boulevards,
alleys and walks.
· ( 4) "Parks" means and includes all parks
to which names have been given by action of the
city council.
(5) "Public places" means and includes
all grounds, other than streets or parks, owned
by or leased to and under the control of the
city of Palo Alto.
( 6) "Street tree" means and includes any
woody perennial plant having a single main axis
or stem commonly achieving ten feet in height
and capable of being shaped and pruned to
develop a branch-free trunk at least nine feet
in height.
(7) "Shrub" means and includes any wood
perennial plant, normally low, several-stemmed,
capable of being shaped and pruned without
injury, within the area planted.
( 8) · "Hedge" means and includes any plant
material, shrub or plant, when planted in a
dense, continuous line or area, as to form a
thicket or barrier.
(9) "Plant" means and includes all other
plant material, on-woody, annual, or perennial
in nature, not necessarily hardy.
(10) "Street trees, shrubs,
means and incl~des any tree, shrub,
any street, park or public place in
Palo Alto."
or plants"
or plant in
the city of
SECTION 7. Section 8. 08. 030 of the Palo Alto Municipal
hereby amended to read as follows:
"8.08.030 Form and publication of notice.
(a) Such notice shall be substantially in
the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on ,
20 , pursuant to the provisions of Section
8. 08. 020 of the Palo Al to Municipal Code, the
City Council passed a resolution declaring that
all weeds growing upon any private property or
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in any public street or alley, as defined in
Section 8.08.010 of the Palo Alto Municipal
Code, constitute a public nuisance, which
nuisance must be abated by the destruction or
removal thereof.
NOTICE IS FURTHER GIVEN that property
owners shall without delay remove all such weeds
from their property, and the abutting half of
the street in front and alleys, if any, behind
such property, and between the lot lines thereof
as extended, or such weeds will be destroyed or
moved and such nuisance abated by the city
authorities, in which case the cost of such
.destruction or removal will be assessed upon the
lots and lands from which, or from the front or
rear of which, such weeds shall have been
destroyed or removed; and such cost will
constitute a lien upon such lots or lands until
paid, and will be collected upon the next tax
roll upon which general municipal taxes are
collected. All property owners having any
objections to the proposed destruction or
removal of such weeds are hereby notified to
attend a meeting of the Council of said city, to
be held in the Council Chamber of the City Hall
in said city on 20 at seven p.m.,
when and· where their objections will be heard
and given due consideration.
Date , 20 --------------
Fire Chief
City of Palo Alto
(b) Such notice shall be published at
least twice in a newspaper published and
rculated in said city, the first publication
of which shall be at least ten days prior to the
time fixed by the council for hearing
objections."
SECTION 8. Section 8. 08. 070 of the Palo Al to Municipal
Code is hereby amended to read as follows:
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"8.08.070 Notice of report.
The city clerk shall post a copy of
such report and assessment list on the bulletin
board near the entrance door at the City Hall,
together with a notice of the filing thereof and
of the time and place when and where it will be
submitted to the city council for hearing and
confirmation, notifying property owners that
they may appear at such time and place, and
object to any matter contained therein. A like
notice shall also be published twice in a
newspaper of general circulation, . published and
circulated within the city. The posting and
first publication of said notice shall be made
and completed at. least ten days before the time
such report shall have been submitted to the
city council. Such notice, as so posted and
published, shall be substantially in the
following form:
NOTICE OF HEARING ON REPORT AND
ASSESSMENT FOR WEED ABATEMENT
NOTICE IS HEREBY GIVEN that on
20 , the Chief of the City of Palo Alto
filed with the City Clerk of said city a report
and assessment on abatement of weeds within said
city, a copy of which is posted on the bulletin
board at the entrance to the City Hall.
NOTICE IS FURTHER GIVEN that on ,
20 , at the hour of seven p.m., in the Council
Chambers of said City Hall, said report and
assessment list will be presented to the City
Council of said City for consideration and
confirmation, and that any and all persons
interested, having any objections to said report
and assessment list, or to any matter or thing
contained therein, may appear at said time and
place and be heard.
Date , 20_· _
City Clerk of the City of Palo Alton
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SECTION 9. Section 9.04.020 of the Palo Alto Municipal
Code is hereby amended to read as follows:
"9.04.020 City parking lots
alcoholic beverages prohibited.
Consumption of
(a) Except as provided in subsection (b) of
this section, it shall be unlawful for any
person to consume any alcoholic beverage in or
upon any of the following listed city-owned,
operated or controlled parking lots or gages:
Lot Location
(l)Lot J University & Hamilton/Cowper & Webster
(2)Lot H University & Hamilton/Waverley & Cowper
(3)Lot D University & Hamilton/Waverley & Gilman
(4)Lot N University & Hamilton/Ramona & Emerson
(5)Lot P University & Hamilton/Emerson & High
(6)Lot R University & Hamilton/High & Alma
(7)Lot T University & Lytton/Kipling & Waverley
{8)Lot F University & Lytton/Waverley & Florence
(9)Lot S University & Lytton/Florence & Bryant
(lO)Lot C University & Lytton/Bryant & Ramona
(ll)Lot A University & Lytton/Ramona & Emerson
(12)Lot O University & Lytton/Emerson & High
{13)Lot Q University & Lytton/High & Alma
{14)Lot K {2)Lytton & Everett/Waverley & Bryant
{15)Lot G Hamilton & Forest/Waverley & Gilman
{16)Lot E Hamilton & Forest/Gilman & Bryant
(17)Lot CC (Civic Center) Hamilton
Forest/Bryant & Ramona
&
(18)Library Lot Forest & Homer/Bryant & Ramqna
(19)Lot C-1 Cambridge & College/Park & Birch
(20)Lot C-2 Cambridge & College/Birch & Ash
(2l)Lot C-3 Cambridge & California/Park & Birch
(22)Lot C-9 Cambridge & California/Birch & Ash
(23)Lot C-4 Cambridge & California/Birch & Ash
(24)Lot C-5 Cambridge & California/Ash & El
·Camino
(25)Lot C-6 California &
(26)Lot C-7· California &
(27)Lot C-8 California &
(28)Lot located at
Court/Colorado & Moreno
Sherman/Park & Birch
Sherman/Birch & Ash
Sherman/Ash & El Camino
Middlefield & Midtown
(29)Lot L Bryant & Lytton
000601 sdl 0052510 9
(b) Permits. Notwithstanding subsection (a)
of this section, in conjunction with a
conditional use permit for a temporary use
issued pursuant to Section 18.90.110, 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 O, 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 city
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 permit.
The applicable fee shall be that set forth in
the municipal fee schedule for conditional use
permits for a temporary use."
SECTION 10. Section 9. 50 of the Palo Al to Municipal
. Code is hereby amended to be renumbered as follows:
"9.50.010
property.
Graffiti prohibited on public
It shall be unlawful for any person to
willfully or maliciously apply graffiti to any
property or facilities owned or controlled by
the city of Palo Alto or any other public agency
within the city of Palo Alto.
000601 sdl 0052510 10
9.50.015 Graffiti defined.
"Graffiti" shall be defined, for
purposes of this chapter, to mean a symbol,
word, figure, or design that is marked, etched,
scratched, drawn, sprayed, painted, or otherwise
applied on any surface of real or personal
property without the authorization of the owner
and subject to view from any street or other
public property.
9.50.020 Removal of graffiti.
The city manager is authorized to use
public funds employing city staff or contractors
to remove graffiti on city property or on
property of other public agencies within the
city with the written consent of that public
agency.
9.50.030
removal.
Restitution for the cost of graffiti
The city attorney is authorized to
request that the courts impose as restitution in
any criminal or juvenile proceeding arising out
of the application of graffiti to city property
or the property of other public agencies within
the city the obligation to reimburse the city
for all costs incurred by the city in the
removal of that graffiti. The city attorney is
also authorized to institute and prosecute civil
proceedings against any person (and, if the
person is a minor, the parents of that minor
under California Civil Code section 1714 .1 (b))
who applies graffiti in violation of this
chapter to recover the city's cost of removing
that graffiti."
SECTION 11. Subsection (c) of Section 10. 44. 010 of the
Palo Alto Municipal Code is amended to read as follows:
"10.44.010
designating.
000601 sell 0052510
Restrictions established Signs
11
(c) Whenever the stopping, standing or
parking of a vehicle has been prohibited,
restricted, or limited as to time by this
chapter or any resolution enacted pursuant
hereto, the continued standing or parking of
such vehicle for an additional period longer
than the maximum permissible period of parking
in such space or location after a citation
therefor has been issued shall constitute a
separate and additional violation. If no such
period of time is designated, stopping, standing
or parking for an additional period longer than
one (1) hour after a citation has been issued,
shall constitute a separate and additional
violation.
SECTION 12. Section 10. 64. 17 0 of the Palo Al to
Municipal Code is hereby amended to read as follows:
"10.64.170 Passengers on vehicles and other devices.
No person riding or operating a bicycle,
when upon a public right-of-way or upon park or
open space lands owned and/or controlled by the
city of Palo Alto; shall be permitted to carry
another person upon the bicycle; provided,
however, that this prohibition shall not apply
to bicycles which are built ·for two persons to
ride and propel the same Or to the cairying of a
child when the child is securely fastened to a
seat designed to carry a child or to the rider
or operator if the child is under two years
age."
SECTION 13. Section 10.64.180 of the Palo Alto Municipal
Code is hereby amended to read as follows:
"10.64.180 Towing.
No person riding or operating a
bicycle, moped, motorcycle, sled, toy vehicle,
or any other similar human-powered or motor-
powered device upon a public right-of-way or
upon park or open space lands owned and/or
controlled by the city of Palo Alto shall tow
any other vehicle or person, including a
skateboard and rider, except that. bicycle
000601 sdl 0052510 12
trailers used for deli very or transportation of
newspapers, magazines, people or merchandise may
be towed when being used in such activity."
SECTION 14. Section 12.04.020 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"12.04.020 Person.
The term "person" shall mean an
individual, a receiver, a trustee, a
copartnership, a joint venture, a firm, an
unincorporated association, a syndicate, a club,
a society, a trust, a private corporation, a
pu.blic corporation, a municipal corporation, a
county, a state, a national government, a
county, state or federal agertcy, board or
commission, a water district, a utility
district, a political subdivision, a school
·district, a drainage, irrigation, levee,
reclamation or a water conservation district; or
a flood control district, whether acting for
himself or itself or in any representative
capacity."
SECTION 15. Subsection (c) of Section 12 .16. 030 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"12.16.030 Overhead wires prohibited in
underground districts. ·
(c) Violation a Misdemeanor. Any person or
utility who shall erect, construct, place, keep,
maintain, continue, employ or operate any such
pole or overhead line or associated overhead
structure within any underground utility
district or shall neglect to take down and
remove any such pole, overhead wire, or
associated overhead structures within the time
designated in this chapter or who shall
otherwise fail to comply with the provisions of
this chapter shall be guilty of a misdemeanor
and upon conviction th~reof shall be punishable
by a fine not to exceed five hundred dollars.
Each consecutive fteen-day period during which
000601 sdl 0052510 13
the failure to comply with the provisions hereof
continues shall constitute a separate offense.
Such violation is likewise hereby declared to b~
a nuisance and may be abated by the city
attorney in the manner provided for the
abatement of nuisances."
SECTION 16. Section 16.04.140 of the Palo Alto
Municipal Code is hereby Qmended to read as follows:
"Section 16.04.140 -Section 904.2.10 added.
Section 904.2.10 is added to the
California Building Code to read:
904. 2 .10 Special Provisions. In any
building or group of building·s where, in the
judgment the re chief, such building or
group of buildings due to size, ·height, type of
construction, location on property, contents or
occupancy classification would exceed or
severely tax the capabilities of the local fire
department to perform a reasonable level of
rescue and fire suppression operations, re
flows required for each building will be
determined utilizing the Palo Alto Fire
Department, Fire Flow Worksheet; FPB 23, set
forth in Section 15.04.365 of the Palo Alto
Municipal Code. Regardless of area or occupancy
separation walls, when more than 1000 GPM fire
flow is required, the building shall be
sprinklered. Such buildings shall include, but
are not limited to:
1. All buildings more than five (5)
stories or fifty feet (50') in height.
2. Buildings where limited access for
fire apparatus does not permit mobile unit
operation of ladder companies to within fifteen
feet (15') of openings in stories as required in
Section 904.2.2-1.
3. Buildings where access for fire
apparatus does not permit use of pump and hose
companies to reach all sides of the building
without hand-laying more than 150 feet of fire
000601 sdl 0052510 14
hose from a maximum of two ( 2) mobile pumping
units.
904.2.9 .. 1. Buildings including Group R,
Di vision 3 and Group U occupancy constructed in
the hazardous fire area west of the Junipero
Serra Freeway shall be fire sprinklered and
provided with exterior wet standpipes approved
by the fire chief. Such sprinklers may be
connected to domestic water supply providing the
piping is of approved sizing and sufficient
coverage of the area is approved and an approved
accessible shut-off is provided for each room or
area. Exterior standpipes shall deliver fire
flows derived by the following formula:
GPM = square footage of floor area x 8
(ceiling height) 100 x .5.
904. 2. 9. 2. If a fire sprinkler system is
not required for purposes other than this
section, the area increases specified in· Section
505. 3, or the height and story increases
specified in Section 50 6, or the fire-resistive
substitution in Section 508 may be permitted.
904.2.9.3. Additions to existing
buildings. This section shall apply to all new
construction including additions.
1. If the entire building area exceeds
the area permitted in Section 904.2.2 through
904.2.9, the entire building shall be
sprinklered.
2. If the addition requires an automat
sprinkler system by Section 904. 2. 10, but the
entire building is below the area specified in
Section 904.2.2 through 904.2.9, the addition
shall be sprinklered and separated from the
existing building by an area separation w~ll as
specified in Section 504.6.
Exception: The fire flow limitation of
1000 GPM contained in Section 904.2.10 shall not
apply to single family or duplex structures not
located in the hazardous fire area.n
000601 sdl 0052510 15
SECTION 17. Section 16.38.030 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"16.38.030
certificate.
General requirements
The requirements for issuance
certificate of use and occupancy for
community housing projects are as follows:
for
of a
all
(a) The organizational documents shall
provide that the association is responsible for
maintenance and landscaping of all parts of the
community housing project which are held in
common and that such maintenance shall be
performed to the standard of maintenance
prevalent in the neighborhood.
(b) The organizational documents shall
allow the association to terminate the contract
of any person or organization engaged by the
developer to perform management or maintenance
duties three months after the association
assumes control of the community housing project
or any time thereafter.
(c) Any violations of the Uniform
Housing Code, promulgated by the International
Conference of Building Of cials, shall be
corrected and any equipment or facil ies which
the building official determines are
deteriorated or hazardous shall be repaired or
replaced."
SECTION 18. Subsections (a) (8) and (a) (18) of Section
13.04.110 are hereby amended to read as follows:
"13.04.110 Definitions.
(a) The following terms shall, for the
purpose of this title, have the meanings given
them in this section:
( 1) The words "acquisition" and
"improvement," when used, referring to that
which is done, which is to be done, or which may
be done under proceedings had under this title,
000601 sdl 0052510 16
shall be understood to be generic and as being
employed for the purpose of brevity and to avoid
repetition, and shall refer to and include any
or all of the things comprehended in the meaning
of the words acquire and improve herein.
(2) "Block," whether it be a regular or
irregular block; means a parcel larger than a
lot which is bounded by a street or a boundary
line of some other parcel which is not a part of
it.
(3) "City" means city of Palo Alto.
( 4) "Clerk" and "city clerk" refer to
the clerk of the city.
( 5) "Contractor" means the person,
firm, partnership, association, corporation,
organization or business trust, and includes
contracting owners or their agents, to whom a
contract for the performance of any work
authorized is awarded.
(6) "Council" or "city council" means
the council of the city.
( 7) "County" means Santa Clara
County.
, ( 8) "Engineer" and "city engineer"
refer to city employees with such titles or the
equivalent duties.
(9) The words "general law" or the
word "act" or the reference to any law or act by
its title mean an enactment of the Legislature
of the State of California. Unless herein
otherwise provided, any law or act incorporated
herein or made applicable hereby shall be as. now
or hereafter amended or codified at the time of
adopting the resolution of intention in the
proceedings.
(10) "Lot," "land," "piece," or
"parcel of land," whether used singly or in
combination, mean and include property owned or
controlled by any person.
( 11) "Owner" means the person owning
the fee, or the person in whose name the legal
title to the property appears, by deed duly
recorded in the county recorder's office of the
county in which the property is situated, or the
person in possession of the property or
buildings under claim of ownership, or
exercising acts of ownership over the same for
000601 sdl 0052510 17
himself, or as life tenant, or as the executor,
administrator, or guardian of the owner. If the
property is sed, the possession of the
tenant or ssee holding and occupying such
property shall be deemed to be the possession
the owner.
(12) "Parking place" means and includes
a parking lot, garage, or sub-surface structure,
including the grading, paving, draining,
sewering, lighting or otherwise improving of
such lot, and buildings and improvements
necessary or convenient for the parking of motor
vehicles, including parking meters and other
equipment and facilit necessary or convenient
therefor, together with provisions necessary or
convenient for ingress to and egress from such
places.
(13) "Paved" or
includes pavement of any
material.
"repaved" means and
commonly used paving
(14) " " means and includes any
public street, alley or easement or other public
property which has been dedicated and accepted
or is otherwise publicly owned according to law,
or which has been in common and undisputed use
by the public for a period of not less than five
years next preceding, or which is sought to be
acquired in any proceeding undertaken pursuant
to this title, or which is sought to be acquired
in conjunction with any proceeding undertaken
pursuant hereto.
(15) "Project" or "improvement" when
used in the generic sense, means the acquisition
and/or improvement undertaken in a single
proceeding.
(16) "Quarter block," when used with
reference to an irregular block, includes all
lots or portions of lots having any frontage on
either intersecting street halfway from such
intersection to the next street, or, if no
street intervenes, to a boundary line of some
other parcel which is not a part of that block.
(17) "Street" ·means and includes
avenues, highways, lanes, alleys, crossings or
intersections and courts which have been
dedicated and accepted according to law or which
have been in common and undisputed use by the
00060 l sdl 0052510 18
public for a period of
next preceding or which
not less than five years
have been dedicated to a
semi-public use.
(18)
"superintendent
employees with
duties.
"Street superintendent" or
of streets" refers to city
such titles or the equivalent
( 19) "Treasurer" means the treasurer of
the city.
(20) "Work" or "improvement" whether
used singly or in combination, means and
includes any work which is authorized to be done
or any improvement which is authorized to be
made under this title, as well as the
construction, reconstruction and repair of all
or part of any such work or improvement.
SECTION 19. Subsection (a) of Section 13.04.160 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"13.04.160 Public and utility property.
(a) May Omit Public Property. If any lot or
parcel of land . belonging to the United States,
or to the state, or to any county, city, public
agency, mandatory of the government, school
board, educational, penal or reform institution
is in use in the performance of a public
function, and fronts upon the proposed work, or
is included within the district to be assessed
to pay the costs and expenses thereof, the
legislative body may, in the resolution of
intention, to the extent consistent with the
California Cons ti tut ion declare that such lots
or parcels of land, or any of them, shall be
omitted from the assessment thereafter to be
made to cover the costs and expenses of the
work."
SECTION 2 . Section 15.04.083 ·Of the Palo Alto
Municipal Code is hereby amended to read as follows:
"15.04.083 Subsections
f.7, f.8, and f.9 added
Permit required.
000601 sdl 0052510 19
d(l), f.4, f.5, f.6,
to Section 105.8
Subsections d(l), f.6, f.7, f.8, f.9,
f.10 and f.11 are added to Section 105.8 of the
Uniform Fire Code to read as follows:
Permits shall be required in accordance
with Section 105.8 and this section:
CITE
Code
. U.F.C. PERMIT DESCRIPTION
105.8 d.1. Day Care Permits. To
operate a day care facility for more than six
people.
105.8 f.4. Automatic fire sprinklers
system Installation/Modification
105. 8 f. 5. Other automatic fire
extinguishing systems Installation/Modification
105. 8 f. 6 Fire Alarm Systems.
Installation/Modification
105.8 f.7. Standpipe systems wet, dry or
combination installation
105.8 f.8. Hydrants private on-site,
installation/modification
105.8 f.9. Underground fire service lines,
installation/modification"
SECTION 21. Section 16.04.120 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"16. 04 .120 Section 109 amended -Certificate of
occupancy.
Section 109 of the California Building Code is
amended to read:
109. Certificate of Occupancy.
109.1 Certificate Required. In order to
safeguard life and limb, health, property and
public welfare, every building or structure or
portion thereof shall conform to the
construction requirements for the occupancy to
be housed therein or for the use to which the
000601 sdl 0052510 20
building or structure, or portion thereof is to
-be put, as set forth in this code."
No building or structure or portion
thereof constructed or altered shall be used or
occupied until a certificate of occupancy has
been issued therefor.
Exception: No structure, of Group R
Division 3 or Group U, or a structure, the
architecture of which inhibits occupancy, shall
require a certi cate of occupancy."
SECTION 22. Subsection (c) of Section 16.09.020 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"16.09.020 Industrial waste discharge permit.
(c) The superintendent may authorize a
discharger by permit to discharge "except"ional
wastes" when the permit will neither result in a
violation of any of the provisions of this
chapter nor cause any of the effects described
in Section 16.09.100 0£ this code nor any
violation of the pretreatment regulations. The
city shall be compensated for any costs it
incurs in authorizing such discharge including
any expense in determining whether such
discharge is compatible with the sewer system
and in compliance with the pretreatment
regulations.
II
SECTION 23. Subsection (h) of Section 16.09.110 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"(h) Organic Solvents. Except as permitted by
other sections of this chapter, the sewer shall
not be used as a means of disposal for organic
solvents. Wastewater discharged to the sewer
shall not contain a sum total greater than one
thousand milligrams per liter of acetone,
ethanol, methanol, or isopropyl alcohol, in any
combination. Dischargers having organic solvents
on site or using same shall provide and use a
separate collection and disposal system outside
the sewer system and shall provide safeguards
000601 sdl 0052510 21
against their accidental discharge to the sewer.
An approved sol vent management plan to prevent
entry to a sanitary sewer and accidental spill
prevention plans shall be filed by the
discharger as a condition of permission to
discharge to the sanitary sewer. Records of
appropriate disposal and handling shall be
maintained by the discharger and shall be
available for inspection and copying by city
personnel. Organic solvents shall include, but
shall not be limited to, those used in dry
cleaning establishments, and shall also include
separator water generated by dry cleaning
equipment. Neither the organic sol vent nor the
separator water may lawfully be discharged to
the sewer or storm drain system."
SECTION 24. Section 16.10.030 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"16.10.030 Private sewage systems -Conditions -
Standards.
Every residence, place of residence, or
other building or place where persons
congregate, reside, or are employed; and which
cannot reasonably, in the opinion of the city,
be provided with a connection to a public
sanitary sewerage system, shall be provided with
a private water flush toilet and sewage disposal
system by the owner or agent or _occupant of the
premises; said water flush-toilet system to be
built or rebuilt, . constructed, altered or
reconstructed, and maintained in such manner as
to meet the requirements of construction and
maintenance herein described.
At any residence, place of business or
other building where there is installed a water
flush system or sewage disposal system which is
not connected to a public sewer system, and
where the customary population equivalent does
not exceed fifteen in number, there shall be
established or installed a private sewage
disposal system, located entirely within the
parcel of property to be served by such system,
which shall be so constructed as to meet the
000601 sdl 0052510 22
requirements of construction and maintenance
herein described.
SECTION 25. Section 16.20.190 of the Palo Alto
Municipal Code is hereby amended to read as follows:
16.20.190 Construction and maintenance.
The appropriate sections of the
building code (Chapter 16.04) shall apply to the
construction of signs. All signs shall be able
to resist the applicable wind loads set forth in
section 1615 of the 1998 California Building
Code, as amended from time to time. All signs
having built-in illumination shall be
constructed wholly of metal, incombustible
plastic or other approved fire-resistant
material. Guy wires or horizontal struts shall
not be used. Signs and sign structures shall be
maintained at all times. in a state of good
repair, with all braces, bolts and structural
parts and supporting frames and ·fastenings free
from deterioration, rot, rust and loosening.
Without limiting the foregoing, no person shall
maintain or permit to be maintained on any
premises owned or controlled by him any sign
which is in a sagging, leaning, fallen, decayed,
deteriorated or other dilapidated or unsafe
condition."
SECTION 26. Subsection 9102.2 of Section 15.04.343 of
the Palo Alto Municipal Code is hereby amended to read as
follows:
"15.04.343 Article 91 added Regulation of
facilities where materials which are or may
become toxic gases are found.
9101.2.2 Limited application. For the purpose of
this article, certain terms and words are
defined as follows:
REGULATED MATERIALS means all materials,
regardless of form (i.e., liquid, solid or gas)
000601 sdl 0052510 23
which meet the criteria
subsection 9102.2, below."
established by
SECTION 27. Section 16.38.030 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"16.38.030
certificate.
General requirements for
The requirements for issuance of a certificate
of use and occupancy for all community housing
projects are as follows:
(a) The organizational documents shall
provide that the association is responsible for
maintenance and landscaping of all parts of the
community housing project which are held in
common and that such maintenance shall be
performed to the standard of maintenance
prevalent in the neighborhood.
(b) The organizational documents shall allow
the association to terminate the contract of any
person or organization engaged by the developer
to perform management or maintenance duties
three months after the association assumes
control of the community housing project or any
time thereafter.
(c) Any violations of the Uniform Housing
Code, promulgated by the International
Conference of Building Officials, shall be
corrected and any equipment or facilities which
the building official determines are
deteriorated or l').azarpous shall be repaired or
replaced."
SECTION 28. Subsection (g) of Section 16.42.020 of the
Palo Alto Municipal Code is hereby amended as follows:
"16.42.020 Definitions.
(g) "Occupants" means the total occupant load
of a building determined pursuant to the
Uniform Building Code, or the actual maximum
number of occupants in that building if that
number is less than seventy-five percent of the
number determined pursuant to the code. The
number of actual occupants may be documented by
counting actual seating cap~city if permanent
000601 sdl 0052510 24
seating is provided in the occupancy, or by
employee and client counts which can be
substantiated as a practical maximum use of the
space in the building. The chief building
official will establish the procedure for
documenting occupant loads."
SECTION 29. Section 16.45.030 of the Palo Alto
Municipal Code is amended to read as follows:
"16.45.030 Declaration of relationships of use,
type and need between, fee and new development.
The EIR Final Addendum, February 1989,
pages VI .12 through 22, showed that new
nonresidential development in the area will
create additional commute period vehicular
traffic that will travel through, among others,
the designated intersections, which are already
operating at level of service "E" or worse, or
will be so after. adding projected traffic from
the new development. The city defines congestion
as beginning at level of service "E" and
considers an increase in traffic under these
conditions to be a significant adverse. impact.
The EIR final addendum showed that specific
capacity improvements are necessary to mitigate
the demonstrated significant traffic impacts of
the new development."
SECTION 30. Section 17.10.170 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"17.10.170 Abandonment or
underground storage tank.
(a) No person shall
underground tank system or close
cease operating an underground
except as provided in this section.
closing of
abandon an
or temporarily
tank system,
(b) An underground tank system which is
temporarily taken out of service, but which the
operator intends to return . to use, shall
continue to be subject to all the permit,
inspection, and monitoring requirements of this
chapter and all applicable regulations adopted
by the board pursuant to Section 25299. 3, and
000601 sdl 0052510 25
the Uniform Fire Code, unless the operator
complies with subsection (c) for the period of
time the underground tank system is not in use.
(c) No person shall close an
underground tank system unless the person
undertakes all of the following actions:
( 1) Demonstrates to the city that all
residual amount of the hazardous substance or
hazardous substances which were stored in the
tank system prior to its closure have been
removed, properly disposed of, and neutralized.
(2) Removes the tank from the ground to
the satisfaction of the chief, in
accordance with Section 7902.1.7.4 of the
Uniform Fire Code, as may from time to time be
amended. If the fire chief determines that
removal is not necessary, the person closing the
tank shall adequately seal the tank system to
minimize any threat to the public safety and the
possibility of water intrusion into, or runoff
from, the tank system.
( 3) Provides for, and carries out, the
maintenance of the tank system not removed, as
the city determines is necessary for the period
of time the city requires.
( 4) Demonstrates to the city and any
other appropriate agency, which has jurisdiction
over the site, that the site has been
investigated to determine if there are any
present, or were past, releases, and if so, that
appropriate corrective or remedial actions have
been taken."
SECTION 31. Section 18. 01. 050 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"18.01.050 Conflict with other regulations.
Where conflict occurs between the
regulations established by this title and the
provisions of any other law, title, ordinance,
code or other regulation effective within the
city, including but not limited to Title 16,
Building Regulations, ·and Chapter 20.08, Setback
Lines, the more restrictive of any such
provisions shall apply.
000601 sdl 0052510 26
It is not intended that this title
shall interfere with or abrogate or annul any
easement, covenant, or other agreement now in
effect; provided, however, that where this title
imposes a greater restriction than imposed or
required by any other law, title, ordinance,
code, or other regulation, or by any easement,
covenant, or agreement, the provisions of this
title shall apply."
SECTION 32. Section 18.04.030 of the Palo Alto
Municipal Code is hereby amended by the deletion of subsection
43a to read as follows:
"18.04.030 Definitions.
(43) Day Care Home.
(A) "Family day care home" means a
home licensed by the state or county which
regularly provides care, protection, and
supervision of twelve or fewer children under
the age of eighteen, in the provider's own home,
for . periods of less than twenty-four hours per
day, while the parents or guardians are away and
includes the following:
(i) "Large family day care home" means
a home which provides family· care to seven to
twelve children, inclusive, including children
under age eighteen who reside at the home. This
term includes, but is not limited to, nursery
schools, preschools, and similar facilities.
(ii) "Small family day care home" means
a home which provides family day care to six or
fewer children, including children under age
eighteen who reside at the home. This term
includes, but is not limited to, nursery
schools, preschools, and similar facilities.
(B)"Adult day care home" means use of a
dwelling unit or portion thereof, licensed by
the state or county, for daytime care and
supervision of twelve or fewer persons, above
the age of eighteen, and includes the following:
(i) "Large adult day care home" means a
home which provides daytime care of seven to
twelve adults.
000601 sdl 0052510 27
(ii) "Small adult day care home" means
a home which provides daytime care to six or
fewer adults."
SECTION 33. Subsection (84) of Section 18.04.030 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"(84) "Lot" or
consisting of a
·intended for use
title as one site
"site" means a parcel of land
single lot of record, used or
under the regulations of this
for a use or group of uses."
SECTION 34. Section 18.08.010 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"18.0B.010 Designation of general districts.
The several classes of general districts
into which the city is divided are designated as
follows:
Zoning
Map
Designation
District
Name
Chapter
Number
RE Residential estate district 18.10
R-1 Single-family residence district 18.12
R-2 Two-family residence district 18.17
RMD Two unit multiple-family residence district 18 .19
RM-15 Low density multiple-family residence district 18. 22
RM-3 0 Medium density multiple-family residence district 18 . 2 4
RM-4 0 High density multiple-family residence district 18. 2 6
PF Public facilities district 18.32
OR research district 18.37
CN Neighborhood commercial district 18.41
CC Community commercial district 18.43
000601 sdl 0052510 28
CS Service commercial district 18.45
CD Commercial downtown district 18.49
GM General manufacturing district 18.55
LM Limited industrial/research park district 18.60
PC Planned community district 18.68
OS Open space district 18.71
AC Agricultural conservation district 18.72
F Flood plain district 18.74"
SECTION 35. Section 18.08.020 of the Palo Alto
Municipal Code is hereby amended to read as follows
"18.08.020 Designation of combining districts.
In addition to the classes of general districts. set
forth in Section 18. 08. 010, the following combining districts
are established and designated:
Zoning Map
Designation
District
Name
S Single-Story Height Combining District
Special residential building site combining district
(1858, 929, 743, 650)
NP Neighborhood preservation combining district
CC ( 2) Community commercial combining district
R Retail shopping combining district
P Pedestrian shopping combining district
H Hotel combining district
GF Ground Floor Combining District
GM(B) General manufacturing district
3 , 5 Limited industrial site combining district
L Landscape combining district
D Site and design review combining district
N Nonconforming use amortization combining district
000601 sdl 0052510 29
Chapter
Number
18.13
18.15
18.30
18.44
18.46
18.47
18.48
18.50
18.57
18.63
18.70
18.82
18.95
SECTION 36. Section 18 .10. 050 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 recommended by the
architectural review board and approved by the
director of planning and community environment,
pursuant to Chapter 16.48:
(a) Site Area. The minimum site area
shall be 4,074 square meters (one acre).
(b) Site Width. The minimum s
shall be 30.5 meters (one hundred feet).
width
(c) Site Depth. The minimum site depth
shall be 30.5 meters (orte hundred feet) r
(d) Front Yard. The minimum front yard
("setback") shall be 9.1 meters (thirty feet).
(e) Rear Yard. The minimum rear yard
("setback") shall be 9.1 meters (thirty ) .
(f) Side Yards. The following side yard
regulations shall apply:
(1) The minimum interior side yard
shall be 4.6 meters (fifteen feet).
(2) The minimum street side yard shall
be 7.3 meters (twenty-four feet).
(g) Residential Density. Not
one single-family residence shall be
on any site. Additionally, not more
accessory dwelling or guest cottage
permitted on any site.
more than
permitted
than one
shall be
(h) Site Coverage. The maximum site
coverage shall be twenty-five percent of the
s area.
( i) Floor Area Ratio. The maximum
allowable floor area ratio shall be as follows:
( 1) For lots five thousand square
or less, the maximum floor area ratio shall be
. 45.
(2) For lots in excess of five thousand
square feet, the maximum floor area :ratio shall
be . 45 for the first five thousand square
and .30 for all square footage in excess of five
thousand square feet.
000601 sdl 0052510 30
(3) Notwithstanding subsections (i) (1)
and (2), the maximum allowable house size shall
be six thousand square feet.
(j) Height.
( 1) General. The maximum . height shall
be 9.14 meters (thirty feet) as measured to the
peak of the roof.
(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-five degrees, nor beyond a
daylight plane having a height of 4. 8 8 meters
(sixteen feet) at the front or rear setback line
and an angle of sixty degrees.
(A) Television and radio antennas;
chimneys and flues;
(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, nor shall the
height of such features exceed 7.32 meters
(twenty-four feet);
(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.
( k) Accessory Facilities and Uses.
Regulations governing accessory faci ties and
uses, and governing the application of site
development regulations in speci c instances,
are established by Chapter 18.88.
000601 sdl 0052510 31
(1) Special Setbacks. Where applicable,
setback lines imposed by a special setback map
pursuant to Chapter 20.08 of this code shall be
followed for the purpose of determining legal
setback requirements.
(m) Basements. Basements shall be
permitted in areas that are not designated as
special flood hazard areas, and may extend to,
but not beyond, the building footprint. Basement
area shall generally not be included in the
calculation of gross floor area, except that
basement area that is deemed to be habitable
space shall be included as gross floor area
unless the finished level of the first floor is
no more than three feet above the grade around
the perimeter of the building foundation.
Excavated features shall not affect the
measurement of the grade for the purposes of
determining basement gross floor area, so long
as such features meet the following provisions:
(1) Excavated features along the
perimeter of a basement, such as lightwells and
stairwells, shall not affect the measurement of
grade, provided that:
(A) Such features shall not be located
in the front of the building;
(B) Such features shall not exceed . 91
meters (three feet) in width;
(C) The cumulative length of all such
features shall not exceed 7. 58 meters (twenty-
f i ve) feet;
(D) Such features shall not extend more
than 0.6 meters (two feet) into a required side
yard nor more than 1.2 meters (four feet) into a
required rear yard; further, the cumulative
length ·of any features or portions of features
that extend into a required side or rear yard
shall not exceed 4. 6 meters (fifteen feet) in
length;
(E) Prior to issuance of a building
permit, the owner shall provide satisfactory
evidence to the planning division that any
features or portions of features that extend
into a required side or rear yard will not be
harmful to any mature trees on the subject
property or on abutting properties;
000601 sdl 0052510 32
( F) Such features shall either require
installation of a drainage system that meets the
requirements of the public works department, or
shall be substantially sheltered from the rain
by a roof overhang or canopy of a permanent
nature.
(2) Excavated areas along the perimeter
of a basement, such as below grade patios and
sunken gardens, that exceed the dimensions set
forth in subsection (1) shall not affect the
measurement of grade, provided that:
(A) The excavated area shall not be
located in the front of the building;
(B) The excavated area shall not exceed
a total of two hundred square feet, a
substantial portion of which shall be terraced
and le,ndscaped;
(C) The excavated area including that
portion which is landscaped and/or terraced
shall not extend more than 0.6 meters (two feet)
into a required side yard nor more than 1.2
meters (four feet) into a required rear yard;
further, the cumulative length of any excavated
area or portion thereof that extends into a
required side or rear yard shall not exceed 4.6
meters (fifteen feet) in length;
(D) Prior to issuance of a building
permit, the owner shall provide satisfactory
evidence to the planning division that the
excavated area or portion thereof that extends
into a required side or rear yard will not be
harmful to any mature trees on the subject
property or on abutting properties;
(E) The excavated area shall either
include a drainage system that meets the
requirements of the public works department, or
shall be substantially sheltered from the rain
· by a roof overhang or canopy of a permanent
nature;
(F) Any roof overhang or canopy
installed pursuant to subsection (E) shall be
within the site coverage requirements of
subsection (h);
(G) The excavated area shall be
architecturally compatible with the residence
000601 sdl 0052510 33
and shall be screened to off site views by means
of landscaping and/or fencing, as determined
appropriate by the zoning administrator.
SECTION 37. Section 18.12.050 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-
f amily residence district is combined with the
special building site combining district. More
restrictive regulations may be recommended by
the architectural review board and approved by
the director of planning and community
environment, pursuant to Chapter 16.48:"
SECTION 38. Subsection (i) of Section 18. 22. 050 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"18.22.050 Site development regulations.
(i)Floor Area Ratio (FAR). The maximum FAR shall
be .50."
SECTION 39. Subsection ( j) ( 3) of Section 18. 24. 050 of
the Palo Alto Municipal Code is hereby amended to read as
follows:
"18.24.050 Site development regulations.
(j) Usable Open Space. The following
usable open space regulations shall apply:
( 1) Each lot shall have not less than
thirty percent of the lot area developed into
permanently maintained common usable open space
as measured in the ground floor area only.
(2) Each dwelling unit shall have at
least one private usable open space area
contiguous to the unit which allows the
occupants of the unit the personal use of the
outdoor space. The minimum size of such areas
shall be as follows and shall not be calculated
in the FAR:
000601 sdl 0052510 34
(A) Balconies (above ground level)
shall be fifty square
(B) Patios or yards (at ground level i
shall be one hundred square feet the least
dimension of which is eight feet.
(3) Part or all of the required private
usable open space areas may be added to the
required common usable open space in a
development, for purposes of improved design,
privacy, protection and increased play area for
children, upon a recommendation of the
architectural review board and approval of the
director of planning and community environment."
SECTION 40. Section 18.85.020 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"18.08.020 Designation of combining districts.
In addition to the classes of general
districts set forth in Section 18.08.010, the
following combining dis cts are established
and designated:
Zoning
Map
Designation
District
Name
Special residential building site combining district
(1858, 929, 743, 650)
Chapter
Number
18.15
NP Neighborhood preservation combining district 18 . 3 0
CC ( 2) Coill!lluni ty coill!llercial combining district 18 . 4 4
P Pedestrian shopping combining district 18 . 4 7
H Hotel combining district 18.48
GM ( B) General manufacturing district 18 . 5 7
3,5 Limited industrial site combining district 18.63
L Landscape combining district 18.70
D Site and design review combining district 18.82
HW Hazardous Waste Facility Combining District 18 . 8 5
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N Nonconforming use amortization combining district 18 . 9 5 11
SECTION 41. Subsection (r) of Section 18.85.050 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"18.85.050 Site development regulations.
(r) Hazardous
demonstrate that air
mitigated in order
(Prevention (of)
areas."
waste facilities shall
emissions can be adequately
to be established in PSD
Significant Deterioration)
SECTION 42. Subsection (f) of Section 18.90.100 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"18.90.100 Variances in conjunction with subdivision.
( f) At the time of the filing of the
final map or parcel map with the director of
Planning & Community Environment, the subdivider
applying for variances under this section shall
also file therewith a map or maps, in duplicate,
drawn to scale, showing the lots in the
subdivision upon which such variances are sought
and showing clearly by dotted lines drawn
parallel to the property line affected, with
dimension marks and numbers in each case, such
altered setbacks and yards as may have been
approved and imposed on the tentative map or
preliminary parcel map."
SECTION 43. Section 18.93.050 of the Palo Alto
Municipal Code is hereby amended to read as follows:
"18.93.050 Consideration and notification.
Upon notification and receipt of the
appeal, the chairman of the planning commission
shall place the appeal on the agenda of the next
regular meeting of the planning commission for
action; provided, that if, in the opinion of the
chairman of the planning commission, such
scheduling is not practical by reason of the
proximity of the date of the appeal to the next
regular meeting date of the planning commission,
00060 l sdl 0052510 36
or by reason of the congestion of the agenda for
said meeting, planning commission consideration
of the appeal may be scheduled, at the
discretion of the chairman of the planning
commission, for the next following regular
meeting . of the planning commission. Notice of
the date and time of consideration of the appeal
shall be mailed to the applicant and appellant
not later than the date of distribution of the
planning commission packet for the subject
meeting.
The director of planning and community
environment 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 his/her expense shall be required
to provide for the commission and council
sufficient copies, as determined by the director
of planning and community environment, of the
papers, including plans, that constitute the
record of appeal."
SECTION 44. Section 21.12.070 of the Palo Alto Municipal
Code is hereby amended to read as follows:
"21.12.070 Preliminary soil report.
A preliminary soil report based on
adequate test borings or excavations and
prepared by a civil engineer who is registered
by the state of California shall be filed with
the tentative map, unless the city engineer
determines that based on his knowledge of the
soil qualities of the subdivision, no
preliminary analysis is necessary.
If the preliminary soil report
indicates the presence of critically expansive
soils or other soil problems which if not
corrected would lead to structural defects, the
city engineer may require that a soil
investigation be prepared by a civil engineer
who is registered by the state. The soil
investigation shall include a report which
000601 sdl 0052510 37
recommends corrective action likely to prevent
structural damage to dwellings, roads, or other
public works to be constructed.
A subdivision, or portion thereof, may
be approved where such soil problems exist if it
is determined that the recommended corrective
action is likely to prevent structural damage to
each structure to be constructed. Any building
permit issued for such structures may be
conditioned upon incorporation of the
recommended corrective action in the
construction of each structure. Nothing
contained in this section shall be deemed to
limit the authority of the building of fici~l to
require geologic, soils, and engineering data
and mitigation measures pursuant to Section
lB.88.150 of this code."
SECTION 45. Subsection (b) of Section 21.16.010 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"21.16. 010 Submission of final map, submission
of parcel map.
(b) An extension of time may be granted
by the director of planning in the case of a
preliminary parcel map and by the city council
after recommendation of the planning commission
in the case of a tentative map, upon the written
application of the subdivider within two years
of the approval or conditional approval of the
tentative map or preliminary parcel map or prior
to the expiration of any previous extension
granted under this subsection. Such extension
shall be subject to the maximum limitations set
forth in the Subdivision Map Act."
SECTION 4 6. Subsection (c) of Section 21. 24. 010 of the
Palo Alto Municipal Code is hereby amended to read as follows:
"21.24.010 Required dedications.
(c) The improved service roads and/or
the improved parking areas required by Section
21.20.120;"
000601 sdl 0052510 38
SECTION 47. The City Council finds that this project is
exempt from the provisions of the Environmental quality Act
("CEQA") because it can be seen with certainty that there is no
possibility that this project will have a signi cant ef feet on
the environment.
SECTION 4 8. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: June 5, 2000
PASSED: June 26, 2000
AYES: BEECHAM, BURCH, EAKINS, KLEINBERG, KNISS, LYTLE, MOSSAR,
OJ AK IAN
NOES:
ABSTENTIONS:
ABSENT: FAZZINO
000601 sd! 0052510
THIS DOCUMENT IS CERTIFIED TO BE AN
ORDINANCE DULV PASSED BVTHE COUNCIL
OF "'.'HI: CITY OF PALO ALTO AND
THE' ' :FR POSTE&z:.HEflO~CIL CH." "; ·m ON ~Q 0 (WITHIN 'ta
DAY~·. )f ITS PASSAGE)
''I i:u:,ly (or dec!ore) under penalty
of pm1mY that the foregoing is true
and correct.' UtMgj~fuo ature Dato & Place
39