HomeMy WebLinkAbout1997-12-01 City Council (17)City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT 3
DATE:
SUBJECT:
DECEMBER 1, 1997 CMR: 488:97
CITY COUNCIL-INITIATED ZONING TEXT AMENDMENT
TO THE PROVISIONS IN TITLE 18 OF THE PALO ALTO
MUNICIPAL CODE GOVERNING CARPORTS IN SINGLE-
FAMILY ZONES
RECOMMENDATION
Staff recommends that the Council adopt the following changes to the Zoning Ordinance in
regards to the counting of carports as gross floor area in the R-1 and RE zones. (Chapter 18
of the Palo Alto Municipal Code)(See Attachment A, Draft Ordinance)(New language in
italics):
Section 18.04.030, entitled "Definitions" to read as follows:
(24. 5) Carport means a portion of a principal residential building or an accessory
building to a residential use designed to be utilized for the shelter of one (1) or more
motor vehicles, which is open (unenclosed) at the vehicular entry side and which has
no more than two (2) sides enclosed.
Amend the definition of"gross floor area," Section 18.04.030(a)(65)(C), to read as
follows:
(v)Carports shall be counted towards the maximum allowable floor area ratio
requirements.
Amend Section 18.88.020, entitled "Accessory uses and facilities," to read as
follows:
CMR: 488:97 Page 1 of 4
(c)(1)Residential garages, carports, and parking facilities, together with access and
circulation elements necessary thereto;
BACKGROUND
As a result of a Council assignment to establish interim regulations designed to alleviate the
problem of garage doors being placed on carports, on November 17, 1997, the City Council
took initial action on staff and Planning Commission recommendations. The Council
directed staff to prepare an Ordinance defining carports and including carport square footage
in the calculation of gross floor area in the R-1 and R-E zones. Staff was also directed to
establish a cut off date that would recognize projects "in the pipeline" for approvals.
DISCUSSION
The attached Draft Ordinance defines a carport as being a shelter for motor vehicles, with the
vehicular entry side open and having no more than two sides enclosed. The Draft Ordinance
further requires that carports be counted as gross floor area. The Ordinance sets the effective
date 0fthe Ordinance as being on the 31 st date after the date of its adoption (second reading),
and it exempts by address six properties that are currently in the Interim Historic Regulations
Compatibility Review (Compatibility Review) process.
Staffreviewed projects currently"in the pipeline" for City approvals to determine the effect
of changing the regulations regarding carports. None of the home improvement exceptions
or variances issued within the last year, would be affected by the proposed change. Staff
recommends that only the six applications being reviewed by the Historic Preservation
Officer need to have special exemptions and that the exemptions terminate on September 30,
1998. The addresses of the affected properties are:
1646 Castilleja Avenue (97-HRB- 144)
2145 Emerson Street (97-HRB-262)
1012 Fulton Street (97-HRB-84)
851 Homer Avenue (97-HRB- 155)
219 Rinconada Avenue (97-HRB- 185)
1022 Webster Street (97-HRB-98).
All other projects should be subject to the normal effective date of the Ordinance, which is
on the 31st day following second reading. This means that all projects currently submitted
for building permit would continue to be processed, and all projects submitted for building
permit prior to the effective date would be processed under the current regulations. Projects
submitted for building permit after the effective date would be required to comply with the
revised regulations. The six properties in Compatibility Review would be required to submit
for building permit by September 30, 1998.
CMR: 488:97 Page 2 of 4
In administering the Ordinance, staff’s interpretatior., is that carports on sites that currently
exceed allowable gross floor area (i.e. sites which are currently non-complying or will be
non-complying as a consequence of this Ordinance) will be allowed to enclose their carports.
This is because staff believes that enclosure of the carport does not exacerbate the already-
existing non-compliance. However, through additional language in the Ordinance, Council
could prohibit the enclosure of existing carports on sites that exceed the allowable gross floor
area.
RESOURCE IMPACTS
Adoption of the carport definition and the counting of carports as gross floor area will not
directly impact City resources. Simplification of the interpretation of the regulations will
have a positive benefit on staff in the application of the regulations. It is anticipated that
some projects will be submitted prior to the effective date in order to take advantage of the
carport exemption and later come back to enclose the carport. Staff is of the opinion,
however, that utilizing the standard effective date allows sufficient time for applicants to
complete and submit building permit plans, and will allow staff time to familiarize
prospective applicants with the new regulations.
POLICY IMPLICATIONS
The proposed amendments to the Zoning Ordinance will change the current City policy to
require carports to be counted towards FAR requirements.
TIME LINE
It is anticipated that the second reading will be on December 15, 1997 and the effective date
of the Ordinance will be January 15, 1998, i.e. all building permit applications submitted on
January 15, 1998 and thereafter, must comply with the new regulations except for the above
listed specifically exempted properties that expire on September 30, 1998.
ENVIRONMENTAL ASSESSMENT
Exempt pursuant to Guidelines Section 15303, new construction or conversion of small
structures, in that the ordinance will modify the design standards for individual single family
homes which are already exempt from California Environmental Quality Act review.
ATTACHMENT
Attachment A: Draft Ordinance
CMR: 488:97 Page 3 of 4
Prepared by:James E. Gilliland, Assistant Planning Official
KENNETH R. SCHREIBER
Director of Planning and
Community Environment
CITY MANAGER APPROVAL:
EMII HARRISON
’Assistant City Manager
cc:Planning Commission
Speakers at November 17, 1997 City Council meeting
Property owners at:
1646 Castilleja Avenue (97-HRB- 144)
2145 Emerson Street (97-HRB-262)
1012 Fulton Street (97-HRB-84)
851 Homer Avenue (97-HRB-155)
219 Rinconada Avenue (97-HRB- 185)
1022 Webster Street (97-HRB-98).
CMR: 488:97 Page 4 of 4
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTIONS 18.04.030 AND 18.88.020 OF TITLE
18 OF THE PALO ALTO MUNICIPAL CODE REGARDING
CARPORTS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I.
A.The Planning Commission, after duly noticed public
hearing held August 27, 1997, has considered and made its
recommendations regarding proposed amendments to the provisions in
Title 18 of the Palo Alto Municipal Code regarding carports; and
B.The City Council, after due consideration of the
Commission’s recommendations, finds that the amendments to Title 18
set forth below are in the public ,interest and will promote the
public health, safety and welfare.
SECTION 2. Section 18.04.030 of Chapter 18.04 of Title 18
of the Palo Alto Municipal Code is hereby amended by adding new
subsection (24.5) and amending subsection (65) to read as follows:
18.04.030 Definitions.
(a) Throughout this title the following words and
phrases shall have the meanings ascribed in this section.
(65) (A) "Gross floor area" means the total area of all
floors of a building measured to the outside surfaces of exterior
walls, and including the following:
(i)
(ii)
(i±±)
(iv)
(v)
Halls;
Stairways;
Elevator shafts;
Service and mechanical equipment rooms;
Basement, cellar or attic areas deemed usable
by the chief building official;
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(vi) Open or roofed porches, arcades, plazas,
balconies, courts, walkways, breezeways or porticos if located
above the ground floor and used for required access;
(vii) Permanently roofed, but either partially
enclosed or unenclosed, building features used for sales, service,
display, storage or similar uses;
(viii) In residential districts, all roofed porches,
arcades, balconies, porticos, breezeways or similar features when
located above the ground floor.
(B)Gross floor area shall not include the following:
(i) Parking facilities accessory to a permitted
or conditional use and located on the same site;
(ii) Roofed arcades, plazas, walkways, porches~
breezeways, porticos, and similar features not substantially
enclosed by exterior wallsl and courts, at or near street level,
when accessible to the general public and not devoted to sales,
service, display, storage or similar uses.
(iii) Except in the CD District and in areas
designated as special study areas, minor additions of floor area
approved by the director of planning and community environment for
purposes of resource conservation or code compliance, upon the
determination that such minor additions will increase compliance
with environmental health, safety or other federal, state or local
standards. Such additions may include, but not be limited to, the
following:
a. Area designed for resource conservation,
such as trash compactors, recycling and thermal storage facilities;
b. Area designed and required for hazardous
materials storage facilities, handicapped access or seismic
upgrades;
(iv) In commercial and industrial districts except
in the CD District and in areas designated as special study areas,
additions of floor area designed and used solely for on-site
employee amenities for employees of the facility, approved by the
director of planning and community environment, upon the
determination that such additions will facilitate the reduction of
employee vehicle use. Such additions may include, but not be
limited to, recreational facilities, credit unions, cafeterias and
day care centers.
(C) In the R-I and R-E single-family residence
districts, "gross floor area" means the total covered area of all
floors of a main structure and accessory structures greater than
one hundred twenty square feet in area, including covered parking
and stairways, measured to the outside surface of exterior walls,
subject to the following exceptions:
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(i) Floor area where the distance between the
floor and the roof directly above it measures 5.18 meters
(seventeen feet) or more, shall be counted twice;
(ii) Floor area where the distance between the
floor and the roof directly above it measures 7.92 meters
(twenty-six feet) or more shall be counted three times;
(iii) Basements where the finished level of the
first floor is not more than .9! meters (three feet) above the
grade around the perimeter of the building foundation, shall be
excluded from £he calculation of gross floor area, provided that
lightwells, stairwells and other excavated features comply with the
provisions of Section 18.10.050(m), 18.12.050(o), 18.17.050(p), or
18.19.050(o), as applicable; and
(iv) 60.69 square meters (two hundred square feet)
of unusable third floor equivalent, such as attic space, shall be
excluded from the calculation of gross floor area.
SECTION 3. Section 18.88.020 of Chapter 18.88 of Title 18
of the Palo Alto Municipa! Code is hereby amended to read as
follows:
18.88.020 Accessory uses and facilities.
(a) Accessory uses and facilities shall be permitted in
any district when incidental to and associated with a permitted use
or facility, or when incidental to and associated with an allowable
and authorized conditional use therein, subject to the provisions
of this section.
(b)Accessory uses and facilities:
(i) Shall be subordinate to the primary activity of
the principal use or the principal facility, respectively;
(2) Shall contribute to the comfort, convenience,
efficiency, or necessity of the occupants or the activities of a
principal use, or the function of a principal structure;
(3) Shall be located on the same site as the
.principal use or structure served, except as otherwise authorized
by this title.
(c) Accessory uses and facilities include, but are not
limited to, the following list of examples;- provided that each
accessory use or facility shall comply with all provisions of this
title:
971125 lac 0080566
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(i) Residential garages~!i!~ii~~i~i and parking
facilities, together with access and cir~~:::÷~Y~nts necessary
thereto;
(2) Customer, visitor, and employee parking
facilities, and off-street loading facilities, together with access
and circulation elements necessary thereto;
(3) Facilities
principal use;
for storage incidental to a
(4) Recreational uses and facilities for the use
and convenience of occupants or employees, or guests thereof, of a
principal use or facility;
(5) Newsstands, gift shops, drugstores, and eating
and drinking facilities, or similar services intended solely for
the convenience of occupants or employees, or guests thereof, of a
principal use, when conducted entirely within a principal facility;
(6) Building management offices when located within
the principal facility and limited to the management thereof;
(7) Refreshment and service facilities in parks, in
playgrounds, and in permitted public or private recreation
facilities or schools;
(8) The operation of service facilities and
equipment in connection with schools, hospitals, and similar
institutions or uses, when located on the site of the principal
use.
(d) No use or facility permitted as an accessory use or
facility pursuant to this section shall be construed to be
permitted as a principal use or~ facility unless specifically
authorized as a permitted or conditional use in the district in
which it shall be located. Operation, occupancy, and continuance
of allowable accessory uses and facilities shall be conditioned
upon the continued occupancy or use of the principal use or
facility being served.
(e) Accessory buildings located within a required
interior yard, as permitted by this section, shall not individually
or cumulatively occupy an area exceeding fifty percent of the
required rear yard.
SECTION 4. Except as amended by Section 2 of this
Ordinance, all provisions of Section 18.04.030 of Title 18 of the
Palo Alto Municipal Code remain unchanged.
SECTION 5. The following projects are exempt from the
change in regulations enacted by this ordinance:
A. Any of the following development projects as they
are currently described and on file with the City, each of which
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has commenced and/or completed the Compatibility Review process
described in Chapter 16.50 on or before November 21, 1997, so long
as a building permit for a carport is obtained on or before
December 31, 1998:
2.
3.
4.
5.
6.
1012 Fulton
1646 Castilleja
851 Homer
219 Rinconada
2145 Emerson
1022 Webster.
File No. 97-HRB-84
File No. 97-HRB-144
File No. 97-HRB-155
File No. 97-HRB-185
File No. 97-HRB-262
File No. 97-HRB-98
B.Any development project for which a complete
application for building plan check review has been received and
filed on or before January 15, 1998, and for which any necessary
discretionary planning approvals have been issued on or before that
date.
SECTION 6. The Council finds that this ordinance is exempt
from CEQA in that it modifies design standards for single-family
residences, which are already exempt from environmental review.
SECTION 7. This ordinance shall be effective on the
thirty-first date after the date of its adoption.
INTRODUCED :
PASSED :
AYES :
NOES :
ABSENT:
ABSTENTIONS :
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Planning and
Community Environment
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