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Home My WebLink AboutOrdinance 56081 0160131_20231214_ay16 Ordinance No. 5608 Ordinance of the Council of the City of Palo Alto Adopting Chapter 18.14 (Housing Incentives) and Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.1A and 1.1B of the City of Palo Alto 2023-2031 Housing Element The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara�ons. (a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Alloca�on (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. (c) Program 1.1B of the Housing Element provides for addi�onal amendments to the zoning ordinance for ROLM and GM zoned proper�es that exceed those required under Program 1.1A. (d) Government Code Sec�ons 65583 and 65588 require that the City complete its rezoning of sites under Program 1.1A by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element. (e) This ordinance implements Programs 1.1A and 1.1B of the Housing Element, resul�ng in an inventory of sites suitable and available for development that is suﬃcient to meet the City’s RHNA during the Housing Element planning period. SECTION 2. Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: CHAPTER 18.14: HOUSING INCENTIVES 18.14.010 Purpose This chapter implements the regional housing needs strategy (RHNA) of the City’s Comprehensive Plan Housing Element to rezone opportunity sites; facilitates housing produc�on; aﬃrma�vely furthers fair housing; and provides incen�ves for housing development, especially below-market rate housing. 18.14.020 Housing Element Opportunity Sites This subsec�on implements the rezoning required to meet the RHNA in the 2023-2031 Housing Element, pursuant to Appendix D. Regula�ons iden�ﬁed in Table 1 and Table 2 modify and replace development standards provided in base zoning district and applicable combining district regula�ons. a) Applicability: This subsec�on applies to Housing Development Projects, as deﬁned in Government Code Sec�on 65589.5, on Housing Element opportunity sites listed in Appendix D DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 2 0160131_20231214_ay16 and on sites within the GM/ROLM and El Camino Real Focus Areas depicted in Figure 1 and Figure 3. b) Permited Uses: Refer to the base zoning district and applicable combining districts for allowed uses, except: (1) Exclusively residen�al uses are permited on all Housing Element opportunity sites. (2) Combining district use regula�ons shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households. (3) Sites zoned to allow mixed use development and are iden�ﬁed in Appendix D of the Housing Element as suitable for lower income households, must be developed with a minimum of two-thirds residen�al ﬂoor area. c) Development Standards: Refer to base zoning district and applicable combining districts for development standards except: (1) Residen�al uses on R-1 zoned sites (faith-based ins�tu�ons) shall be subject to the development standards for the RM-30 zoning district, pursuant to Chapter 18.13.040, except that Maximum FAR shall be 1.25 and minimum density shall be 20 units per acre. (2) RM-20, RM-30, RM-40, CN, CS, CC, CC(2), CD-C, and CD-N zoned sites as modiﬁed by Table 1 (3) GM, ROLM, and RP zoned sites as modiﬁed by Table 2 (4) PF zoned sites shall meet the following development standards: (A) Downtown sites: CD-C standards, pursuant to Table 1 below (B) California Avenue sites: CC(2) standards, pursuant to Table 1 below (5) Speciﬁc Stanford University-owned sites and El Camino Real Focus Area sites may, as an alterna�ve to State Density Bonus Law, meet base district regula�ons as modiﬁed by Table 3. Housing Development Projects that u�lize State Density Bonus Law shall be subject to base district standards or standards provided in Tables 1 and 2, as applicable. Addi�onally, El Camino Real Focus Area sites shall: (A) Complete Major Architectural Review pursuant to Sec�on 18.77.020 (B) Provide 20% of total units as on-site below-market rate housing aﬀordable to households earning up to 80% of AMI. This requirement shall apply in place of the basic requirements set forth in Sec�ons 16.65.030 and 16.65.040. (6) Combining district design and development standards shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households. // // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 3 0160131_20231214_ay16 Table 1 Housing Element Opportunity Site Development Standards (Residen�al and Commercial Mixed Use Districts) Base Zoning District Maximum FAR (1) Minimum Landscape Coverage Residen�al Density (du/ac)(4) Other Development Standards Residen�al Total Minimum Maximum CC(2) 1.5 2.0 (3) 20 See base district regula�ons: 18.16.060 See base district regula�ons: 18.16.060 CC 1.25 1.25 (3) 20 CS (El Camino Real) 1.25 1.25 (3) 20 CS (Other) 1.25 1.25 (3) 20 See HE Appendix D CN (El Camino Real) 1.25 1.25 30% (3) 20 See base district regula�ons: 18.16.060 CN (Other) 1.25 1.25 30% (3) 20 See HE Appendix D CD-C 2.0 2.0 (2) (3) 20 See base district regula�ons: 18.18.060 See base district regula�ons: 18.18.060 CD-N 1.5 1.5 (3) 20 See HE Appendix D RP 1.25 1.25 (3) 25 None; 40 du/ac an�cipated See base district regula�ons: 18.20.040 RM-40 1.5 1.5 (3) 31 See HE Appendix D See base district regula�ons: 18.13.040 RM-30 1.25 1.25 (3) 20 RM-20 1.25 1.25 See 18.13.040 20 (1) Nothing in this table increases the non-residen�al ﬂoor area permited in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-ﬂoor. If standard is not speciﬁed, refer to base district regula�ons. (4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for speciﬁed densi�es. // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 4 0160131_20231214_ay16 Table 2 GM/ROLM Focus Area Development Standards for Housing Development Projects Only Base Zoning District Maximum FAR Minimum Landscape Coverage Maximum Lot Coverage Residen�al Density (du/ac)(2) Maximum Height Minimum Residen�al Parking Ra�os Other Development Standards Residen�al Total (3) Minimum Maximum GM (Focus Area, Figure 1) 2.5 2.5 20% (1) 70% 40 None; 90 du/ac an�cipated 60 1 space per studio/1-bed; 1.5 spaces per 2-bed+ See base district regula�ons: 18.20.040 GM (Other Opportunity Sites) 1.5 1.5 30% (1) 70% 25 None; See HE Appendix D for an�cipated densi�es See 18.20.040 No change ROLM (Focus Area, Figure 1) 2.5 2.5 20% (1) 70% 40 None; 90 du/ac an�cipated 60 1 space per studio/1-bed; 1.5 spaces per 2-bed+ ROLM (Other Opportunity Sites) 1.5 1.5 (1) 70% 25 None; 50 du/ac an�cipated 45 No change (1) Landscape coverage may be provided above the ground-ﬂoor. If standard is not speciﬁed, refer to base district regula�ons. (2) These sites do not provide a maximum density in terms of du/ac; however, an�cipated densi�es have been determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where referenced, the densi�es speciﬁed in Housing Element Appendix D: Sites Inventory represent an�cipated densi�es based on realis�c development capaci�es. (3) Nothing in this table increases the non-residen�al ﬂoor area permited in any district. // // // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 5 0160131_20231214_ay16 Figure 1: GM/ROLM Housing Element Focus Area DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 6 0160131_20231214_ay16 Table 3 Site-Speciﬁc Development Standards (Stanford-Owned Sites & El Camino Real Focus Area) Loca�on Pasteur Dr. & 1100 Welch Rd. (1)(3) (Figure 2) El Camino Real Focus Area (1) (Figure 3) Minimum Front Setback 15 feet See base district regula�ons Minimum Setback See base district regula�ons: 18.13.040 See base district regula�ons, except: For sites with a property line abu�ng a low density residen�al (RE, R2, or RMD) or R1 single family residen�al district: 20 feet Maximum FAR 3.5 (Total) 4.0 (Total) Maximum Site/Landscape Coverage (2) (2) Maximum Lot Coverage 60% 70% Maximum Density (du/ac) None None Maximum Height(6) 85 85 Daylight Plane Sand Hill Rd. frontage only: ini�al height 60 feet above grade at the Sand Hill Rd. setback line and a 45-degree angle See base district regula�ons for standards for daylight planes Height Transi�ons n/a Within 100 � of low density residen�al (RE, R2, or RMD) or R1 single family zone district property line: 35 �. Between 100 and 150 � of low density or R1 zone district property line: 45 �. Upper Story Step Back None El Camino Real frontage above 55 feet in height: minimum 6 foot step-back from lower façade, for a minimum 70% of the façade length; and average setback from the property line for the en�re façade shall be 20 feet(7) See Figure 4. Open Space 100 sq. �/unit (any combina�on of common and/or private) 100 sq. �/unit (any combina�on of common and/or private) Minimum Residen�al Parking (5) 0.5 spaces/unit 1 space/unit (Per AB2097: 0 space/unit within ½ mile of Caltrain) Other Development Standards See base district regula�ons: 18.13.040 See base district regula�ons DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 7 0160131_20231214_ay16 Design Criteria/Standards Compliance with Objec�ve Design Standards pursuant to Chapter 18.24 (4) Architectural Review and compliance with either Objec�ve Design Standards pursuant to Chapter 18.24 or Context-Based Design Criteria pursuant to base district regula�ons. (4) (1) Site locations as defined in the 2023-2031 Housing Element (2) Permitted above the ground-floor. If standard is not specified, refer to base district regulations. (3) Housing may be developed in phases and individual phases may not meet all standards. However, upon completion the project as a whole must conform to these standards. Individual parcels shall be deed restricted to address standards that are met in aggregate, but not on a parcel-by-parcel basis. In addition, for each phase, the applicant shall demonstrate, to the satisfaction of the Director, that the overall site is capable of meeting all standards upon completion of the project as a whole. (4) Except, the following objective design standards shall be modified to meet the realistic capacity identified in the Housing Element: (a.) 18.24.050(b)(5): Diversity of Housing Types shall not apply. (b.) 18.24.060(b)(7): Parking/Loading/Utilities, shall be replaced with the following standard: Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path with the exception of vehicular alleys, shall compose no more than 50% of any public frontage. Garage façades fronting on public right-of-way shall be screened with decorative architectural screening (e.g. perforated metal panels, murals), lined with habitable uses, or screened with landscaping (e.g., green wall, climbing vines). (5) Projects providing fewer than 50% of the parking spaces that would be required under Section 18.52.040 shall develop and implement a transportation demand management plan containing, at a minimum: free transit passes for residents; and provision of outlets appropriately spaced for e-bike charging at 20% of bicycle parking spaces. (6) Railings and parapets shall be excluded from height calculations in this Table 3 only to the extent they are required for health and safety standards in Titles 15 and 16 of this code. (7) Average setback from the property line may be calculated by taking the area between the property line and the upper façade. This area, in square feet, shall be greater than or equal to the façade length multiplied by 20. Example: 200-foot façade length x 20-foot average setback = minimum 4,000 sq. ft. area of setback per floor. For purposes of this calculation, portions of the upper façade with a setback greater than 40 feet shall be treated as if the façade is located at 40 feet from the property line. For purposes of this calculation, roof projections and eaves up to four feet in depth shall be excluded. // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 8 0160131_20231214_ay16 Figure 2: Pasteur Drive Focus Area DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 9 0160131_20231214_ay16 Figure 3: El Camino Real Focus Area DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 10 0160131_20231214_ay16 Figure 4: Upper Story Step Back (El Camino Real Focus Area) DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 above 55’ 85’ maximum height minimum sidewalk width12’ pro p e r t y l i n e fac e o f c u r b 15’ pro p e r t y l i n e 20’ average stepback ave r a g e s t e p b a c k c a l c u l a t i o n use s b u i l d i n g a r e a s w i t h i n a 40’ s t e p b a c k portions of buildings more than 40 feet from the property line shall be counted as 40 feet average stepback20’ Yx20 feet averagebuilding stepback above 55 feet BUILDING AREA Y (not pictured) 6' minimum stepback from façade for ≥70% of façade below ≥ Figure 4: Upper Story Step Back (El Camino Real Focus Area) Figure 4a Site Plan Figure 4b Building Section DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 12 0160131_20231214_ay16 18.14.030 Housing Incen�ve Program (Reserved) 18.14.040 Aﬀordable Housing Incen�ve Program (Reserved) // // // // // // // // // // // // // // // // // // // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 13 0160131_20231214_ay16 SECTION 3. Sec�on 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (CHANGES SHOWN IN UNDERLINE STRIKEOUT): 18.12.030 Land Uses The permited and condi�onally permited uses for the single family residen�al districts are shown in Table 1: Table 1 PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES R-1 and all R-1 Subdistricts Subject to Regula�ons in: [. . .] RESIDENTIAL USES Single-Family P Two-Family use, under one ownership P 18.42.180 Mobile Homes P 18.42.180 Mul�ple-Family P(2) 18.14.020 Residen�al Care Homes P [. . .] (1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot is permited, subject to the provisions of Chapter 18.09. (2) Housing Element opportunity sites (faith-based ins�tu�ons) only. SECTION 4. Sec�on 18.12.040 (Development Standards) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.12.040 Development Standards (a) Site Speciﬁca�ons, Building Size, Height and Bulk, and Residen�al Density The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2, except: (1) To the extent such standards may be modiﬁed by Sec�on 18.42.180 for two-family uses pursuant to California Government Code Sec�on 65852.21 (SB 9, 2021; (2) On Housing Element opportunity sites (faith-based ins�tu�ons): development standards for Mul�ple-Family uses are iden�ﬁed in Sec�on 18.14.020, which states that sites shall meet the development standards for the RM-30 zoning district, except that Maximum FAR shall be 1.25. [. . .] // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 14 0160131_20231214_ay16 SECTION 5. Chapter 18.13: MULTIPLE FAMILY RESIDENTIAL (RM-20, RM-30 AND RM-40) DISTRICTS [. . .] 18.13.040 Development Standards (a) Site Speciﬁca�ons, Building Size and Bulk, and Residen�al Density The site development regula�ons in Table 2 shall apply in the mul�ple-family residence districts, provided that more restric�ve regula�ons may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regula�ons set forth in Chapter 18.76, and the objec�ve design standards set forth in Chapter 18.24. Except that sites designated as Housing Element Opportunity Sites shall meet the development standards speciﬁed in Chapter 18.14.020. Table 2 Mul�ple Family Residen�al Development Table RM-20 RM-30 RM-40 Subject to regula�ons in: [. . .] Maximum Site Coverage: Base 35% 40% 45% Addi�onal area permited to be covered by covered pa�os or overhangs otherwise in compliance with all applicable laws 5% 5% 5% Maximum Floor Area Ra�o (FAR)(4) 0.5:1 0.6:1 1.0:1 Residen�al Density (units) Maximum number of units per acre(3) 20 30 40 18.13.040(g) 18.14.020 Minimum number of units per acre(8) 11 16 21 18.14.020 Minimum Site Open Space(5) (percent) 35 30 20 18.13.040(e) 18.14.020 Minimum Usable Open Space (sf per unit)(5) 150 150 150 Minimum common open space (sf per unit) 75 75 75 18.13.040(e) Minimum private open space (sf per unit) 50 50 50 Performance Criteria See provisions of Chapter 18.23 Ch. 18.23 Landscape Requirements 18.40.130 Parking(6) See provisions of Chapter 18.52 Ch. 18.52 [. . .] DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 15 0160131_20231214_ay16 SECTION 6. Chapter 18.20: OFFICE, RESEARCH, AND MANUFACTURING (MOR, ROLM, RP, AND GM) [. . .] 18.20.030 Land Uses (a) Permited and Condi�onally Permited Land Uses Table 1 lists the land uses permited or condi�onally permited in the industrial and manufacturing districts. Table 1 Industrial/Manufacturing District Land Uses [P = Permited Use CUP = Condi�onal Use Permit Required] MOR ROLM ROLM(E) RP RP(5) GM Subject to Regula�ons in Chapter: [. . .] RESIDENTIAL USES Single-Family Not permited 18.20.040(b) Two-Family Not permited Mul�ple-Family (Housing Element Opportunity Site) P P P 18.14.020 Mul�ple-Family (Other Sites) CUP CUP(1) CUP CUP(1) 18.14.020 Residen�al Care Homes P CUP CUP CUP 18.23.100(B) [. . .] (1) Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue (see Figure 1), subject to CUP [. . .] // // // // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 16 0160131_20231214_ay16 Figure 1: GM/ROLM Housing Element Focus Area DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 17 0160131_20231214_ay16 18.20.040 Site Development Standards [. . .] (b) Development Standards for Exclusively Residen�al Uses Residen�al uses shall be permited in the MOR, RP, RP(5), ROLM, ROLM(E), and GM zoning districts, subject to the following criteria. (1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al or non-residen�al zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest ﬂexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) No new single-family or two-family residen�al development is permited in any of the oﬃce, research and manufacturing districts, and no new residen�al development is permited within 300 feet of an exis�ng Hazardous Materials Tier 2 use. Exis�ng single-family and two-family uses and exis�ng residen�al development within 300 feet of an exis�ng Hazardous Materials Tier 2 use shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) MOR District. All mul�-family development in the MOR zoning district shall be permited subject to approval of a condi�onal use permit and compliance with the development standards prescribed for the RM-30 zoning district. (4) RP and RP(5) Districts. All mul�-family development in the RP, and RP(5) zoning districts that is located within 150 feet of an R-E, R-1, R-2, RMD, or similar density residen�al PC zone shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district, including Village Residen�al development types. Mul�-family development in the MOR, RP, and RP(5) zoning districts that is located greater than 150 feet from an R-E, R-1, R-2, RMD, or low density residen�al PC shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (5) ROLM (E) District. All mul�-family development in the ROLM(E) zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district. (6) ROLM District. All mul�-family development in the ROLM zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (7) GM District. All residen�al development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 18 0160131_20231214_ay16 (8) Combining Districts. Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (c) Development Standards for Mixed (Residen�al and Nonresiden�al) Uses in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning Districts Mixed (residen�al and nonresiden�al) uses shall be permited in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning districts, subject to the following criteria: (1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al, non-residen�al, or mixed use zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest ﬂexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) New sensi�ve receptor land uses shall not be permited within 300 feet of a Hazardous Materials Tier 2 or Tier 3 use. Exis�ng sensi�ve receptors shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) ROLM(E) District. Mixed (residen�al and nonresiden�al) development in the ROLM(E) zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-20 zoning district. The maximum ﬂoor area ra�o (FAR) for mixed use development is 0.3 to 1. (4) ROLM District. Mixed (residen�al and nonresiden�al) development in the ROLM zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-30 zoning district. The maximum ﬂoor area ra�o (FAR) for mixed use development is 0.4 to 1. Except that sites designated as Housing Element Opportunity Sites or Focus Areas shall meet the development standards speciﬁed in Chapter 18.14.020. (5) GM District. Mixed use (residen�al and nonresiden�al) development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. In compu�ng residen�al densi�es for mixed (residen�al and nonresiden�al) uses, the density calcula�on for the residen�al use shall be based on the en�re site, including the nonresiden�al por�on of the site. [. . .] // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 19 0160131_20231214_ay16 SECTION 7. Chapter 18.16: NEIGHBORHOOD, COMMUNITY, AND SERVICE COMMERCIAL (CN, CC AND CS) DISTRICTS [. . .] 18.16.060 Development Standards [. . .] (b) Mixed Use and Residen�al Table 4 speciﬁes the development standards for new residen�al mixed use developments and residen�al developments. These developments shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24,except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modiﬁed in Chapter 18.14.020. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet the context-based design criteria outlined in Sec�on 18.16.090, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020. Table 4 Mixed Use and Residen�al Development Standards CN CC CC(2) CS Subject to regula�ons in: [. . .] Maximum Site Coverage 50% 50% 100% 50% Minimum Landscape/Open Space Coverage 35% 30% 20% 30% 18.14.020 Usable Open Space (Private and/or Common) 150 sq � per unit (2) 18.16.090 Maximum Height (�) Standard 35' (4) 50' 37' 50' Por�ons of a site within 150 �. of an abu�ng residen�al district (other than an RM-40 or PC zone) (5) 35' 35' 35' 35' 18.08.030 Daylight Plane for lot lines abu�ng one or more residen�al zoning districts Daylight plane height and slope shall be iden�cal to those of the most restric�ve residen�al zoning district abu�ng the lot line Residen�al Density (net) (3) 15 or 20 (9) See sub- sec�on (e) below No maximum 30 18.16.060(i) 18.14.020 Sites on El Camino Real No maximum No maximum Maximum Residen�al Floor Area Ra�o (FAR) 0.5:1 (4) 0.6:1 0.6:1 18.16.065 18.14.020 DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 20 0160131_20231214_ay16 CN CC CC(2) CS Subject to regula�ons in: [. . .] Maximum Nonresiden�al Floor Area Ra�o (FAR) 0.4:1 2.0:1 0.4:1 Total Mixed Use Floor Area Ra�o (FAR) 0.9:1 (4) 2.0:1 1.0:1 18.16.065 18.14.020 Minimum Mixed Use Ground Floor Commercial FAR (6) 0.15:1(10) 0.15:1(10) 0.25:1 (7) (10) 0.15:1 (10) Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54 [. . .] (c) Exclusively Residen�al Uses Exclusively residen�al uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites iden�ﬁed in the Housing Element, subject to the standards in Sec�on 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following. (1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preserva�on provisions of Sec�on 18.40.180 do not apply, exclusively residen�al uses are allowed subject to the standards in Sec�on 18.16.060(b) and the following addi�onal requirements: (A) Residen�al units shall not be permited on the ground-ﬂoor of development fron�ng on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot eﬀec�ve sidewalk setback along the El Camino Real frontage, whichever is greater. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permited on the ground-ﬂoor El Camino Real frontage. (B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail. (C) Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. SECTION 8. Chapter 18.18: DOWNTOWN COMMERCIAL (CD) DISTRICT 18.18.060 Development Standards [. . .] (b) Mixed Use and Residen�al Table 3 speciﬁes the development standards for new residen�al mixed use developments and residen�al developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24. Non- DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 21 0160131_20231214_ay16 Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet context-based design criteria outlines in Sec�on 18.18.110, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020: TABLE 3 MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS CD-C CD-S CD-N Subject to regula�ons in Sec�on: [. . .] Maximum Site Coverage No requirement 50% 50% Minimum Landscape Open Space Coverage 20% 30% 35% 18.14.020 Usable Open Space (Private and/or Common) 150 sq � per unit (1) 18.18.110 Maximum Height (�) Standard 50' 50' 35' 18.08.030 Por�ons of a site within 150 �. of an abu�ng residen�al district (other than an RM-40 or PC zone)(4) 40' 40' 35' 18.08.030 Daylight Plane for lot lines abu�ng one or more residen�al zoning districts or a residen�al PC district Daylight plane height and slope iden�cal to those of the most restric�ve residen�al zone abu�ng the lot line Residen�al Density (net)(2) No maximum 30 30 18.14.020 Maximum Weighted Average Residen�al Unit Size(5) 1,500 sq � per unit No maximum No maximum Maximum Residen�al Floor Area Ra�o (FAR) 1.0:1(3) 0.6:1(3) 0.5:1(3) 18.14.020, 18.18.065, 18.18.070 Maximum Nonresiden�al Floor Area Ra�o (FAR) 1.0:1(3) 0.4:1 0.4:1 Total Floor Area Ra�o (FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.14.020, 18.18.065, 18.18.070 Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54 [. . .] (c) Exclusively Residen�al Uses (1) Exclusively residen�al uses are allowed in the CD-C subdistrict, except in the ground ﬂoor (GF) combining district. However, GF combining district use regula�ons and design and development DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 22 0160131_20231214_ay16 standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (2) Exclusively residen�al uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regula�ons for the mul�-family zone designa�on (RM-20, RM-30, or RM-40) iden�ﬁed for the site in the Housing Element. SECTION 9. Chapter 18.28 SPECIAL PURPOSE (PF, OS and AC) DISTRICTS [. . .] 18.28.040 Land Uses Table 1 shows the permited (P) and condi�onally permited (CUP) land uses for the Special Purpose Districts. Table 1 Land Uses PF OS AC Subject to Regula�ons in Chapter: [. . .] Single-family dwellings P Manufactured housing (including mobile homes on permanent founda�ons) P 18.40. Mul�ple-Family (Housing Element Opportunity Site) P 18.14.020 Guest ranches CUP Residen�al care facili�es, when u�lizing exis�ng structures on the site CUP(1) Residen�al Care Homes P Residen�al use, and accessory buildings and uses customarily incidental to permited dwellings; provided, however, that such permited dwellings shall be for the exclusive use of the owner or owners, or lessee or lessor of land upon which the permited agricultural use is conducted, and the residence of other members of the same family and bona ﬁde employees of the aforemen�oned P [. . .] [. . .] 18.28.050 Site Development Standards (a) Development Standards. On Housing Element opportunity sites (City-owned parking lots): development standards are iden�ﬁed in Sec�on 18.14.020 DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 23 0160131_20231214_ay16 Table 2 Special Purpose District Site Development Standards [. . .] (b) Open Space Impervious Coverage and Floor Area (1) Residen�al Use The impervious coverage and ﬂoor area ra�os shall be determined based on a sliding scale calcula�on. Table 3 provides the range of allowable percentages for the calcula�on. Allowable development for other site sizes between 1 and 10 acres shall be calculated on a prorated basis between the acreages shown in Table 3. Except that on Housing Element opportunity sites (City-owned parking lots), development standards are iden�ﬁed in Sec�on 18.14.020. Table 3 Open Space Residen�al Impervious Coverage and Floor Area Ra�o Scale [. . .] SECTION 10. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not aﬀect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, ﬁnding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.1A and 1.1B of the Housing Element, which this ordinance implements. // // // // // // // DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 24 0160131_20231214_ay16 SECTION 12. This ordinance shall be eﬀec�ve on the thirty-ﬁrst date a�er the date of its adop�on. INTRODUCED: November 13, 2023 PASSED: December 18, 2023 AYES: BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA NOES: KOU ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services DocuSign Envelope ID: 1551595E-C2B6-435F-AF8E-61B07C246089 Certificate Of Completion Envelope Id: 1551595EC2B6435FAF8E61B07C246089 Status: Completed Subject: DocuSign: Ordinance 5608 - Housing Incentives Source Envelope: Document Pages: 24 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Vinhloc.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 12/21/2023 4:00:01 PM Holder: Vinhloc Nguyen Vinhloc.Nguyen@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Albert Yang Albert.Yang@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.113.248.123 Signed using mobile Sent: 12/21/2023 4:02:18 PM Viewed: 1/8/2024 11:22:34 AM Signed: 1/10/2024 8:50:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 1/10/2024 8:50:20 AM Viewed: 1/11/2024 9:24:49 AM Signed: 1/11/2024 9:26:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.92.127.114 Sent: 1/11/2024 9:26:12 AM Viewed: 1/12/2024 9:14:36 AM Signed: 1/12/2024 9:14:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lydia Kou Lydia.kou@cityofpaloalto.org Council Member Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 24.130.158.24 Sent: 1/12/2024 9:14:47 AM Viewed: 1/13/2024 10:27:20 AM Signed: 1/13/2024 10:29:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org Interim City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 96.72.189.22 Sent: 1/13/2024 10:29:16 AM Viewed: 1/15/2024 6:50:33 PM Signed: 1/15/2024 6:51:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/21/2023 4:02:18 PM Envelope Updated Security Checked 1/10/2024 8:35:09 AM Envelope Updated Security Checked 1/10/2024 8:35:09 AM Envelope Updated Security Checked 1/10/2024 8:35:09 AM Envelope Updated Security Checked 1/10/2024 8:35:09 AM Envelope Updated Security Checked 1/10/2024 8:35:10 AM Envelope Updated Security Checked 1/10/2024 8:35:10 AM Certified Delivered Security Checked 1/15/2024 6:50:33 PM Signing Complete Security Checked 1/15/2024 6:51:38 PM Completed Security Checked 1/15/2024 6:51:38 PM Payment Events Status Timestamps