HomeMy WebLinkAbout2022-05-09 Ordinance 5548
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Ordinance No. 5548
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of
Title 18 (Zoning) to Clarify Transitional Height Standards and Update Setbacks for
the RM-40 Zone District
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations.
A. Title 18 (Zoning) of the Palo Alto Municipal Code contains development standards
governing the maximum height of structures in close proximity to lower density
residential zones. The purpose of these development standards is to ensure the
harmonious transition between lower and higher intensity development.
B. The existing language on height transitions has created confusion among the public,
project applicants, and City staff. This confusion, in turn, has resulted in differing
interpretations of the law over the years.
C. The City Council now wishes to clarify the zoning code with respect to height transitions.
The clarifications to height transition standards contained in this ordinance are
declarative of existing law.
SECTION 2. Section 18.08.030 (References to Districts) of Chapter 18.08 (Designation and
Establishment of Districts) of Title 18 (Zoning) is amended as follows (new text underlined):
18.08.030 References to Districts
Reference within this title to residential districts generally and as a grouping, includes all
districts identified in this section. Where references are made to more restrictive or less
restrictive residential districts, such references shall apply sequentially between the most
restrictive and the least restrictive.
Residential District Restrictive Reference
RE Most Restrictive
R-1 (20,000)
R-1 10,000)
R-1 (8,000)
R-1 (7,000)
R-1
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R-2
Least Restrictive
RMD
RM-20
RM-30
RM-40
SECTION 3. Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple Family
Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is amended as follows
(new text underlined and deletions struck-through; omissions are noted with [. . .] for large
sections of unchanged text):
18.13.040 Development Standards
(a) Site Specifications, Building Size and Bulk, and Residential Density
The site development regulations in Table 2 shall apply in the multiple-family residence
districts, provided that more restrictive regulations may be recommended by the Architectural
Review Board and approved by the Director of Planning and Development Services, pursuant to
the regulations set forth in Chapter 18.76, performance criteria set forth in Chapter 18.23, and
the context-based design criteria set forth in Section 18.13.060.
Table 2
Multiple Family Residential Development Table
RM-20 RM-30 RM-40 Subject to
regulations
in:
[. . .] [. . .] [. . .] [. . .] [. . .]
Minimum Setbacks Setback lines imposed by a special
setback map pursuant to Chapter
20.08 of this code may apply
Front Yard (ft) 20 20 0-2520 (12)
18.13.040(b)
On arterial roadways, expressways, and
freeways (1)
0-20 (1,2) 0-20 (1,2) 0-25 (1,2)
Interior Side Yards (ft)
For lots with width of 70 feet or greater 10 10 10
For lots with width of less than 70 feet 6 feet
Interior Rear Yards (ft)3 10 10 10
Street Side and Street Rear Yards (ft) 16 16 0-16(2)
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Maximum Height (ft) 30 35 40
Maximum height for those p Portions of
a site within 50 feet of a more
restrictive abutting residential district
or a site containing a residential use in
a nonresidential district (9)
35 18.08.030
[. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Minimum front setbacks shall be determined by the Architectural Review Board upon
review pursuant to criteria set forth in Chapter 18.76 and the context-based criteria outlined
in Section 18.13.060. Arterial roadways, expressways, and freeways are identified in Map T-5
of the Comprehensive Plan and do not include residential arterials.
(2) Lesser setbacks may be allowed by the Planning Director, upon recommendation
Minimum street side setbacks in the RM-40 zone may be from 0 to 16 feet and shall be
determined by the Architectural Review Board upon review pursuant to criteria set forth in
Chapter 18.76 and the context-based criteria outlined in Section 18.13.060. Special setbacks
may not be reduced except upon approval of a design enhancement exception or variance.
[. . .]
(8) The minimum density for a site may be reduced by the Director if, after the proposal is
reviewed by the Architectural Review Board, the Director finds that existing site
improvements or other parcel constraints, preclude the development from meeting the
minimum density. A site with an existing single-family use or two-family use may be
redeveloped at the existing density, either single-family or two-family as applicable. An
existing or replaced single-family or two-family residence shall not be considered a
nonconforming use, and the provisions of Chapter 18.70 shall not apply, solely based on the
minimum density requirement.
(9) Distance shall be measured from the property line of the subject site.
[. . .]
SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood,
Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended
as follows (new text underlined and deletions struck-through; omissions are noted with [. . .] for
large sections of unchanged text):
18.16.060 Development Standards
(a) Exclusively Non-Residential Uses
Table 3 specifies the development standards for exclusively non -residential uses and
alterations to non-residential uses or structures in the CN, CC, CC(2) and CS districts. These
developments shall be designed and constructed in compliance with the following
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requirements and the context-based design criteria outlined in Section 18.16.090, provided that
more restrictive regulations may be recommended by the architectural review board and
approved by the director of planning and development services, pursuant to Section 18.76.020.
Table 3
Exclusively Non-residential Development Standards
CN
CC
CC(2)
CS
Subject to
regulations in
Section
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Height (ft)
Standard
25' and 2
stories
50' 37' (4) 50'
Portions of a site wWithin
150 ft. of an abutting
residential district (other
than an RM-40 or PC
zone) (9) abutting or
located within 50 feet of
the site
35'
35'
35'
18.08.030
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) No parking or loading space, whether required or optional, shall be located in the first 10
feet adjoining the street property line of any required yard.
[. . .]
(9) Distance shall be measured from the property line of the subject site. 150-foot
measurement may be reduced to 50 feet at minimum, subject to approval by the Planning
Director, upon recommendation by the Architectural Review Board pursuant to criteria set
forth in Chapter 18.76.
(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use developments and
residential developments. These developments shall be designed and constructed in
compliance with the following requirements and the context -based design criteria outlined in
Section 18.16.090, provided that more restrictive regulations may be recommended by the
architectural review board and approved by the director of planning and development services,
pursuant to Section 18.76.020.
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Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to
regulations in:
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Height (ft)
Standard 35'(4) 50' 37' 50'
Portions of a site wWithin 150
ft. of an abutting residential
zone district (other than an
RM-40 or PC zone) (5) abutting
or located within 50 feet of the
side
35'
35'(5)
35'(5)
35'(5)
18.08.030
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement
does not apply to CC district.
[. . .]
(5) For sites abutting an RM‐40 zoned residential district or a residential Planned Community
(PC) district, maximum height may be increased to 50 feet. Distance shall be measured from the
property line of the subject site. 150-foot measurement may be reduced to 50 feet at minimum,
subject to approval by the Planning Director, upon recommendation by the Architectural Review
Board pursuant to criteria set forth in Chapter 18.76.
[. . .]
(10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no
minimum mixed use ground floor commercial FAR for a residential project, except to the extent
that the retail preservation requirements of Section 18.40.180 or the retail shopping (R)
combining district (Chapter 18.30(A)) applies.
(1) Nonresidential uses that involve the use or storage of hazardous materials in excess
of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not
limited to dry cleaning plants and auto repair, are prohibited in a mixed use
development with residential uses.
(2) Residential mixed use development is prohibited on any site designated with an
Automobile Dealership (AD) Combining District overlay.
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(c) Exclusively Residential Uses
[. . .]
SECTION 5. Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown
Commercial (CD) District) of Title 18 (Zoning) is amended as follows (new text underlined and
deletions struck-through; omissions are noted with [. . .] for large sections of unchanged text):
18.18.060 Development Standards
(a) Exclusively Non-Residential Use
Table 2 specifies the development standards for new exclusively non-residential uses and
alterations to non-residential uses or structures in the CD district, including the CD -C, CD-S, and
CD-N subdistricts. These developments shall be designed and constructed in compliance with
the following requirements and the context -based design criteria outlined in Section 18.18.110,
provided that more restrictive regulations may be recommended by the architectural review
board and approved by the director of planning and development services, pursuant to
Section 18.76.020:
Table 2
Exclusively Non-Residential Development Standards
CD-C
CD-S
CD-N
Subject to regulations
in Section:
[. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Height (ft)
Standard 50 50 25
Portions of a site wWithin
150 ft. of an abutting
residential zone district
– (3) – (3) – (3) 18.08.030
[. . .] [. . .] [. . .] [. . .] [. . .]
(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments and
residential developments. These developments shall be designed and constructed in
compliance with the following requirements and the context -based design criteria outlines in
Section 18.18.110, provided that more restrictive regulations may be recommended by the
architectural review board and approved by the director of planning and development services,
pursuant to Section 18.76.020:
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TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD-C CD-S CD-N Subject to regulations in
Section:
[. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Height (ft)
Standard 50' 50' 35' 18.08.030
Portions of a site
wWithin 150 ft. of an
abutting residential zone
district (other than an
RM-40 or PC zone)(4)
40'(4) 40'(4) 35'(4) 18.08.030
[. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Required usable open space: (1) may be any combination of private and common open
spaces; (2) does not need to be located on the ground (but rooftop gardens are not included
as open space except as provided below); (3) minimum private open space dimension 6; and
(4) minimum common open space dimension 12.
For CN and CS sites on El Camino Real, CS sites on San Antonio Road between Middlefield
Road and East Charleston Road and CC(2) sites that do not abut a single - or two-family
residential use or zoning district, rooftop gardens may qualify as usable open space and may
count as up to 60% of the required usable open space for the residential component of a
project. In order to qualify as usable open space, the rooftop garden shall meet the
requirements set forth in Section 18.40.230.
[. . .]
(4) Distance shall be measured from the property line of the subject site. For sites abutting
an RM-40 zoned residential district or a residential Planned Community (PC) district,
maximum height may be increased to 50 feet.
(5) The weighted average residential unit size shall be calculated by dividing the sum of the
square footage of all units by the number of units. For example, a project with ten 800-
square foot 1-bedroom units, eight 1,200-square foot 2-bedroom units, and two 1,800-
square foot 3-bedroom units would have a weighted average residential unit size of
((10x800)+(8x1,200)+(2x1,800)) ÷ (10+8+2) = 1,060 square feet.
[. . .]
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SECTION 6. Section 18.20.040 (Site Development Standards) of Chapter 18.20 (Office,
Research, And Manufacturing (MOR, ROLM, RP And GM) Districts) of Title 18 (Zoning) is
amended as follows (new text underlined and deletions struck-through; omissions are noted
with [. . .] for large sections of unchanged text):
18.20.040 Site Development Standards
Development in the office research, industrial, and manufacturing districts is subject to the
following development standards, provided that more restrictive regulations may be required
as part of design review under Chapter 18.76 of the Palo Alto Municipal Code.
(a) Development Standards for Non-Residential Uses
Table 2 shows the site development standards for exclusively non-residential uses in the
industrial and manufacturing districts.
TABLE 2
INDUSTRIAL/MANUFACTURING NON-RESIDENTIAL SITE DEVELOPMENT STANDARDS
MOR
ROLM
ROLM(E)
RP
RP(5)
GM
Subject to
Regulations in
Chapter:
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Maximum Height (ft)
Standard 50 35(4) 35(4) 50
Portions of a site wWithin
150 ft. of an abutting
residential zone district (5)
35 35 35 35 18.08.030
Portions of a site wWithin
40 ft. of an abutting
residential zone district(5)
35 25 25 35 18.08.030
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
(5) Distance shall be measured from the property line of the subject site. Residential zones
include R-1, R-2, RE, RMD, RM-20, RM-30, RM-40 and residential Planned Community (PC)
zones.
[. . .]
SECTION 7. Section 18.30(J).090 (Development Standards) of Subchapter 18.30(J)
(Affordable Housing (AH) Combining District Regulations) of Chapter 18.30 (Combining Districts)
of Title 18 (Zoning) is amended to read as follows (new text underlined and deletions struck-
through; omissions are noted with [. . .] for large sections of unchanged text):
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18.30(J).090 Development Standards
The following development standards shall apply to projects subject to the AH affordable
housing combining district in lieu of the development standards for the underlying zoning
district, except where noted below:
Table 1
Development Standards
AH Combining District (1)
Minimum Site Specifications Subject to regulations in:
[. . .] [. . .] [. . .]
Maximum Height (ft) 50'
Portions of a site wWithin 50 ft of
an abutting residential district
(other than an RM-40 or PC zone)
R1, R-2, RMD, RM-20, or RM-30
zoned property
35'(3) 18.08.030
[. . .] [. . .] [. . .]
(3) Distance shall be measured from the property line of the subject site. The Planning
Director may recommend a waiver from the transitional height standard.
[. . .]
SECTION 8. Section 18.30(K).070 (Development standards) of Subchapter 18.30(K)
(Workforce Housing (WH) Combining District Regulations) of Chapter 18.30 (Combining
Districts) of Title 18 (Zoning) is amended to read as follows (new text underlined and deletions
struck-through; omissions are noted with [. . .] for large sections of unchanged text):
18.30(K).070 Development Standards
(a) Where the WH combining district is combined with the public facilities district, the
following development standards shall apply for workforce housing projects, including
permitted incidental uses, in lieu of the development standards for the underlying P F zoning
district:
Table 1
Development Standards
WH Combining District
Minimum Site
Specifications
Subject to regulations in:
[. . .] [. . .] [. . .]
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Maximum Height (ft)
Standard 50'
Portions of a site wWithin 150
ft. of an abutting residential
district (other than an RM-40 or
PC zone)(5) abutting or
located within 50 feet of the
site
35', except as limited by
applicable daylight plane
requirements
18.08.030
[. . .] [. . .] [. . .]
Footnotes:
[. . .]
(5) Distance shall be measured from the property line of the subject site.
[. . .]
SECTION 9. Section 18.38.150 (Special requirements) of Chapter 18.38 (PC Planned
Community District Regulations) of Title 18 (Zoning) is amended to read as follows (new text
underlined and deletions struck-through; omissions are noted with [. . .] for large sections of
unchanged text):
18.38.150 Special requirements.
Sites abutting or having any portion located with one hundred fifty 150 feet of any RE, R-1, R-2,
RMD, RM, or any PC district permitting single-family development or multiple-family
development shall be subject to the following additional height and yard requirements:
(a) Parking Facilities. The maximum height shall be equal to the height established in the
most restrictive adjacent zone district.
(b) All Other Uses. The maximum height within one hundred fifty 150 feet of any RE, R-1, R-2,
RMD, RM, or applicable PC district shall be thirty-five 35 feet; provided, however, that for
a use where the gross floor area excluding any area used exclusively for parking purposes,
is at least sixty 60 percent residential, the maximum height within one hundred fifty 150
feet of an RM-4 30 or RM-5 40 district shall be fifty 50 feet.
[. . .]
SECTION 10. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions o f this
Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
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jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 12. The Council finds that the Ordinance is within the scope of and in furtherance of
the Comprehensive Plan 2030 which was evaluated in that certain Final Environmental Impact
Report certified and for which findings were adopted by Council Resolution Nos. 9720 and 9721
on November 13, 2017, all in accordance with the California Environmental Quality Act. The
Ordinance does not propose to increase development beyond what was analyzed in the
Comprehensive Plan. Pursuant to Section 15168 of the State CEQA Guidelines, the City has
determined that no new effects would occur from and no new mitigation measures would be
required for the adoption of this Ordinance.
SECTION 13. This ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED: April 11, 2022
PASSED: May 9, 2022
AYES: BURT, CORMACK, DUBOIS, FILSETH, STONE, TANAKA
NOES: KOU
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
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