HomeMy WebLinkAboutStaff Report 396-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE: OCifOBER 5, 2009 CMR: 396:09
REPORT TYPE: CONSENT CALENDAR
SUBJECT: 2nd Reading. Adoption of an Ordinance Amending PAMC Chapter
18.28 Related to Development Standards in the Open Space (OS) Zone
District.
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance upon second reading,
reflecting the revision made by the Council on September 21, 2009. The revision is redlined in
the ordinance.
The revision is, under Section 18.28.070(a)(1), which states "Second dwelling units shall only be
permitted on sites with a minimum site area of 5 acres" to change from the proposed 5 acres back
to 10 acres. Council directed that staff return to the Planning and Transportation Commission to
get input on a maximum house size and further restrictions on basement.
PREPARED BY:
CLARE CAMPBELL --=
Planner
DEPARTMENT HEAD REVIEW: ~W ~
CURTIS W LIAMS .
CITY MANAGER APPROVAL:
ATTACHMENT
Attachment A: Ordinance
CMR: 396:09
Director of Planning and Community Environment
J/ I ~L /~~ ~
City Manager
Page 1 of 1
NOT YET APPROVED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending
Chapter 18.28 Special Purpose Districts (PF, OS, AC) of Title
18 of the Palo Alto Municipal Code by Amending Sections
18.28.050 (Site Development Standards), 18.28.060
(Additional PF District Regulations), 18.28.070 (Additional
OS District Regulations), 18.28.080 (Additional AC District
Regulations), and 18.28.090 (Parking and Loading)
The Council of the city of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
(a) The last update of the Open Space regulations took place in July 2007 with the
approval of the new PAMC Chapter 18.28 (Special Purpose Districts) that consolidated the
Public Facilities (PF), Open Space (OS), and Agricultural Conservation (AC) districts into one
chapter, and at which time further direction was given by Council and Commission to make
additional revisions;
(b) The 1998-2010 Palo Alto Comprehensive Plan includes several programs and
policies related to open space protection. The proposed revisions assist the City in accomplishing
these programs and policies;
(c) The proposed revisions to the Open Space district would enhance the health,
safety and welfare of the community.
Sections:
18.28.010
18.28.020
18.28.030
18.28.040
18.28.050
18.28.060
18.28.070
18.28.080
18.28.090
18.28.100
090929 syn 0120368
Chapter 18.28
SPECIAL PURPOSE DISTRICTS
(PF, OS, AC)
Purposes
Definitions
Applicable Regulations
Land Uses
Site Development Standards
Additional PF District Regulations
Additional OS District Regulations
Additional AC District Regulations
Parking and Loading
Grandfathered Uses
1
NOT YET APPROVED
28.010 Purposes
(a) Public Facilities District [PF]
The PF public facilities district is designed to accommodate governmental, public utility,
educational, and community service or recreational facilities.
(b) Open Space District [OS]
The purpose and intent of this district is to:
(l) protect the public health, safety, and welfare;
(2) protect and preserve open space land as a limited and valuable resource;
(3) permit the reasonable use of open space land, while at the same time preserving and
protecting its inherent open space characteristics to assure its continued availability
for the following: as agricultural land, scenic land, recreation land, conservation or
natural resource land; for the containment of urban sprawl and the structuring of
urban development; and for the retention of land in its natural or near-natural state,
and to protect life and property in the community from the hazards of fire, flood, and
seismic activity; and
(4) coordinate with and carry out federal, state, regional, county, and city open space
plans.
(c) Agricultural Conservation [AC]
The AC agricultural conservation district is intended to permit agricultural and compatible
uses on property intended for preservation and retention essentially in its natural, farmed,
or landscaped state.
18.28.020 Definitions
As used in this chapter, unless otherwise apparent from the context, the following definitions
shall apply:
(a) "Conservation or natural resource land" means land which possesses or encompasses
conservation or natural resources.
(b) "Conservation or natural resource" includes, but is not necessarily limited to, streams,
watersheds, groundwater recharge, soils, wildlife habitat, as defined in this section, special land
forms, and natural vegetation.
(c) "Open space land" means any parcel or area of land essentially unimproved or in its
natural state, and devoted to an open space use as defined in this section, and which is designated
in the open space elenlent for an open space use.
(d) "Open space district" means any area of land or water designated "OS" and subject to all
of the terms and regulations of this chapter.
2
090929 syn 0120368
NOT YET APPROVED
(e) "Open space use" means the use of land for:
(1) Public recreation;
(2) Enjoyment of scenic beauty;
(3) Conservation or use of natural resources;
(4) Production of food or fiber;
(5) Protection of persons and their artifacts (buildings, property, etc.);
(6) Containment and structuring of urban development.
(f) "Recreation land" means any area of land or water susceptible to recreational uses.
(g) "Scenic hind" means any area of land or water that possesses scenic qualities worthy of
preservation.
(h) The "Stanford Hoover Pavilion" site is defined as that property designated as Assessor's
Parcel numbers 142-04-011 and 142-04-012.
(i) "Wildlife habitat" means any area of land or water valuable or necessary to the
preservation or enhancement of wildlife resources.
18.28.030 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures established
by this Title shall apply to all Special Purpose Districts.
18.28.040 Land Uses
Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special
Purpose Districts.
Table 1: Land Uses
Eating and drinking services in conjunction with a CUp(1)
use
Retail services as an accessory use to the
administrative offices of a non-profit organization,
provided that such retail services do not exceed CUP(1)
25% of the gross floor area of the combined
administrative office services and retail service
uses
3
090929 syn 0120368
Current Code
Section 18.88
NOT YET APPROVED
Agricultural Uses, including animal husbandry,
crops, dairying, horticulture, nurseries, livestock
farming, tree farming, viticulture, and similar uses
not inconsistent with the intent and purpose of this
All facilities owned or leased, and operated or
used, by the City of Palo Alto, the County of
Santa Clara, the State of California, the
government of the United States, the Palo Alto
Unified School District, or any other
090929 syn 0120368
4
P
P
CUP
CUp(l)
CUp(l)
P
P
18.28.070
P
NOT YET APPROVED
Residential use, and accessory buildings and uses
customarily incidental to permitted dwellings;
provided, however, that such permitted dwellings
shall be for the exclusive use of the owner or
owners, or lessee or lessor of land upon which the
permitted agricultural use is conducted, and the
residence of other members of the same family
and bona fide of the aforementioned
Outpatient medical facilities with associated
medical research
Temporary parking facilities, provided that such
facilities shall remain no more than five
090929 syn 0120368
P
CUP
CUP
5
18.40.
P
NOT YET APPROVED
SECTION 2. Section 18.28.050 (Site Development Standards) of Chapter 18.28
(Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to
read as follows:
18.28.050 Site Development Standards
(a) Development Standards
The development standards for the special purpose districts are specified in Table 2,
provided that more restrictive regulations may be recommended by the Architectural
Review Board, pursuant to Chapter 18.76.020 of the Palo Alto Municipal Code.
T bl 2 SOl P n° tOt SOt D I t St d d a e . ipecla urpose IS ric I e eve opmen an · ar s .
,~" j"~:{~~7-t& '.1 . -..<;~ -!~~!" :~~'< . OS i/.,1; ~? ~.. .' J ' ... :~'O!(i:~;." ~"'~"j~ • r ' " ~" • • ,. I -.; •. " " '.~~~1 '-;~\~t " , ..... , ;-"~ 'C_., •••. , . • :
! . • I\:-·:~-OS:~J'\W~~'T ., ... -'PF' :1i~ i,;J,-: At: '~T_
,§" , \ I')~~'~ . '.~ .r-~.~~t:'~ ' . .' .' . . " ~ . " . ,," ' ',,~ • ,"! -' ;~-~K, ' \'~ ,.,It , S'r':.
. ~ ;'::'';Y-•. )..;;~{ '~;'::'''''''''''-'' ;:':, ~::, , 'inasli\liit~~: I I... . '~'(~. -.~' .. -.~'-;:-' ",' . ·-';l .. :-I~~~·,~!." ;·~·:~.0 ~ ... 3 ., ~M;" • I ,';, 'f.>.-:-.; ....... _. ',:':~. ,~~
Minimum Site Specifications
Site Area (acres) 10 5
Site Width (ft) 250
Site Depth (ft) 250
Setback lines imposed by a special
Minimum Setbacks (ft) setback map pursuant to Chapter 20.08
of this code shall apply
Front Setback J2) 30 30
Rear Setback Jl.) 30 30
Interior Side Setback Jl.) 30 15 20.08
Street Side Setback J2) 30 24
Maximum Floor Area Ratio 1: 1 (3) See Table 3 18.28.050(b)
Site Coverage and Impervious Coverage
Maximum Site Coverage 30%(3) 10%
Additional Site Area permitted covered by 10%(1)
impervious ground surfaces
Maximum Impervious Coverage See Table 18.28.050(b)
3(4) 18.28,070(m)
Height Restrictions
Maximum Height (ft) 50 25 35
Maximum Height within 150 feet of a 35 18.28.060(a) residential district (ft)
Maximum Number of Stories 2
Daylight Plane for site lines abutting a
residential district
Initial height (ft) 10
Slope 1:2
Residential Density 1 unit/acre
(1) For cemetery uses, all markers of graves shall be flush with grade level, and shall be considered
impervious area under this requirement.
6
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NOT YET APPROVED
(2) The minimum front, side, and rear yards in the PF public facilities district shall be equal to the
respective front, side, and rear yards required in the most restrictive abutting district; provided, that no
yard adjoining a street shall be less than 20 feet and that no interior yard shall be less than 10 feet.
(3) Provided that, for parking facilities the maximum floor area ratio and site coverage shall be equal to
the floor area ratio and site coverage established by the most restrictive adjacent district, and provided,
further, that the maximum floor area ratio for the Stanford Hoover Pavilion site shall be .25: 1.
(4) Including buildings and all impervious ground surfaces, calculated pursuant to the provisions of
Section 18.28.070(m).
(5) See section 18.28.070(r) for s ecific exce tions to these develo ment standards.
(b) Open Space Impervious Coverage and Floor Area
(1) Residential Use
The impervious coverage and floor area ratios shall be determined based on a sliding scale
calculation. Table 3 provides the range of allowable percentages for the calculation.
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.
t t I -
t, '.
If2:800/0 of site remains undisturbed
and/or is restored with native
:::; 1 acre 7.5% 6.0% 7.5% vegetation
If2:85% of site remains undisturbed
and/or is restored with native
3 acres 5.0% 5.0% 6.0% vegetation
If 2:90% of site remains undisturbed
and/or is restored with native
5 acres 4.0% 4.0% 5.0% vegetation
If2:95% of site remains undisturbed
and/or is restored with native
> 10 acres 3.5% 3.5% 4.0% vegetation
1 See subsectIons (A) and (B) below.
(A) Bonus FAR
(i) The bonus FAR incentive is intended to encourage property owners to preserve
and enhance the natural environment and agricultural uses in the OS district. For
those property owners who agree to maintain or restore the vegetative conditions
on their property to a natural state with appropriate native plantings or with
certain agricultural crops, the designated floor area bonus for the development of
the property shall be permitted. The minimum area that must be maintained in a
natural or restored state is described in Section 18.28.050(b).
(ii) Areas to be set aside as "undisturbed" or "restored" shall include, but not be
limited to: a) vegetation that has not been disturbed by development
(construction, omamentallandscaping, farming, orchards, etc. ); b) plantings with
vegetation that is now considered native to the area, especially including drought-
resistant and fire-resistant plantings; and c) retention or planting of edible crops or
7
090929 syn 0120368
NOT YET APPROVED
orchards with negligible grading and involving no removal of native vegetation.
For restoration projects, the proposed landscape plans shall be reviewed and
approved by the Planning Department. The Director of Planning shall develop and
maintain a list of native plantings and acceptable restoration vegetation.
(iii) As a requirement of receiving bonus FAR, the property owner shall enter into a
covenant that is recorded with the property and would apply to all future property
owners assuring that the designated areas will remain in the approved vegetative
condition; enforcement provisions acceptable to the City Attorney will be outlined
in the covenant. To remove the landscape restrictions related to the bonus FAR,
the site development shall be modified to reduce the FAR to meet the standard
requirements. These modifications are subject to design review.
(iv) For projects approved with bonus FAR, the property owner shall be required to
submit a follow-up landscape/arborist report verifying the site is in compliance
with the approved plans, five years after the project's final sign-off, as outlined in
18.28.070( d).
(B) Calculation of Floor Area Ratio
(i) Gross floor area shall be calculated based upon the same criteria as Low Density
Residential zone districts, as specified in Definitions Section 18.04.030(65)(C)
and (D), except as below.
(ii) Basements shall follow the same standards as the R-l Single Family Residential
district, except that in addition basement area shall count if any portion is
constructed on a slope in excess of ten percent (l 0%).
(2) Non-Residential Use
Where non-residential uses are proposed on a site, the impervious coverage shall be
limited to 3.5% and the floor area ratio shall be limited to 5.0% of the ,site area. However,
the City Council may, after recommendation from the Planning and Transportation
Commission, allow increased impervious coverage and/or floor area through the Site and
Design Review process, where Council finds that the use furthers the open space
objectives of this chapter. In no case shall impervious cover or floor area ratio be allowed
to exceed 10.0%.
SECTION 3. Section 18.28.060 (Additional PF District Regulations) of Chapter
18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby
amended to read as follows:
18.28.060 Additional PF District Design Requirements
The following additional regulations shall apply in the PF district:
(a) Recycling Storage
All new development, including approved modifications that add thirty percent or more
floor area to existing uses, shall provide adequate and accessible interior areas or exterior
8
090929 syn 0120368
NOT YET APPROVED
enclosures for the storage of recyclable materials in appropriate containers. The design,
construction and accessibility of recycling areas and enclosures shall be subject to approval
by the architectural review board, in accordance with design guidelines adopted by that
board and approved by the city council pursuant to Section 16.48.070.
(b) Employee Shower Facilities
Employee shower facilities shall be provided for any new building constructed or for any
addition to or enlargement of any existing building as specified in Table 3.
All government or special district facilities
designed for employee occupancy, colleges and
universities, private educational facilities,
business and trade schools and similar uses
(c) Landscaping of Yards
50,000 and up
No requirement
1
2
4
(1) All required interior yards (setbacks) abutting or opposite a residential district shall
be planted and maintained as a landscaped screen.
(2) For sites abutting a residential district, a solid wall or fence between 5 and 8 ft in
height shall be shall be constructed and maintained along the common site line.
(d) Transfer of Development Rights
(1) The city council by resolution may, from time to time, designate one or more city-
owned buildings that are Category 1 or Category 2 on the city's historic inventory
and/or Category I, II, or IlIon the city's seismic hazards identification list as
eligible to participate as "sender sites" in the Transfer of Development Rights
program as provided in Chapters 18.18.
(2) Before any transferable development rights are offered for sale, the city manager
shall establish, in writing, a public process using the city's formal bidding
procedures to sell bonus floor area development rights from any sites so designated
by the city council.
(3) Before formally soliciting the participation of other organizations or agencies in the
rehabilitation of a city-owned historic building, the city should have a historic
structures report prepared by a qualified expert in accordance with the standards
and guidelines of the California State Office of Historic Preservation.
(4) Before concluding a sale of transferable development rights for any city building,
the city shall comply with Section 18.18.080.
9
090929 syn 0120368
NOT YET APPROVED
(5) The city manager shall establish and maintain a special fund into which all proceeds
of the sale of transferable rights, and any interest thereon, shall be deposited. Upon
receipt and entry into the accounting records for the fund such monies shall be
considered committed to the rehabilitation of the city-owned building from which
the development rights were sold, or to the rehabilitation of other city-owned
buildings in the Historic Category 1 or 2 or Seismic Hazard Categories I, II, or III.
* Editor's Note: Subsection (d) derives from former Section 18.32.090, as adopted by § 2 ofOrd. 4862.
SECTION 4. Section 18.28.070 (Additional OS District Regulations) of Chapter
18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby
amended to read as follows
18.28.070 Additional OS District Regulations
The following additional regulations shall apply in the OS district:
(a) Second Dwelling Units
Not more than one attached or detached second dwelling units shall be allowed on a lot in
the OS district, and shall be subject to the following regulations:
(1) Second dwelling units shall only be permitted on sites with a minimum site area of
.§-.lQ. acres;
(2) Attached second dwelling units shall comply with the OS district height limitation
of 25 feet; and
(3) Second dwelling units shall follow the standards set forth in the Residential Estate
(R-E) District for second dwelling units (18.10.070 (b)), with the exceptions
outlined in subsections 1 and 2 above.
(b) Site and Design Approval
All sites in the OS district shall be subject to the Site Design and Review Combining
District (D) as provided in Chapter 18.30(G) of the Zoning Ordinance, subject to the
following modifications:
(1) Minor Site and Design Review: For minor projects (e.g. fences, landscape changes to
an approved project, trash enclosures, accessory buildings 200 square feet or less,
etc.), the review process shall follow the Minor Architectural Review (staff level)
procedures as outlined in Section 18.77.070. To qualify as a minor project, the project
shall have less than 10 cubic yards of excavation and or grading and be Categorically
Exempt from the California Environmental Quality Act (CEQA).
(2) Major Site and Design Review: For all other projects not reviewed as Minor Site and
Design Revi_ew, the project will be forwarded to the Planning and Transportation
10
090929 syn 0120368
NOT YET APPROVED
Commission for review and recommendation and then placed on the Council Consent
agenda for final action, as prescribed for staff actions outlined in Section 18.76.060
(Standard Staff Review Process). Provided, however, that the following projects may
be forwarded directly to the City Council Consent agenda by staff, without review by
the Planning and Transportation Commission, where all of the following conditions
apply:
a. The project is not a second dwelling unit; and
b. The project would comprise less than 1,000 square feet of floor area, less
than 1,000 square feet of impervious cover, and less than 100 cubic yards of
excavation and or grading; and
c. The proposed floor area or impervious cover would not exceed 50% of the
allowable for the site; and
d. The project and any prior projects within the prior five years would not
cumulatively exceed these thresholds.
(c) Geological Soils Investigation and Report
(1 ) All applications for site and design approval shall be accompanied by a combined in-
depth geologic and soils investigation and report prepared by a registered geologist
certified by the state of California as an engineering geologist, and by a licensed civil
engineer qualified in soil mechanics. Such report shall be based on surface,
subsurface, and laboratory investigations and examinations and shall fully and
clearly present:
(A) All pertinent data, interpretations, and evaluations;
(B) The significance of the data, interpretations, and evaluations with respect to the
actual development or implementation of the intended land uses, and with
respect to the effect upon future geological processes both on and off the site;
(C) Recommendations for any additional investigations that should be made. All
costs and expenses incurred as a result of the requirements of this section,
including the costs and expense of an independent review of the material
submitted under this chapter by qualified persons retained by the city, shall be
borne by the applicant.
(2) The requirement of subsection (1) may be waived by the city engineer for accessory
facilities and landscaping where such improvements, in his opinion, would pose no
potential hazard to life or property on the subject or surrounding properties.
(d) Landscaping
The existing natural vegetation and land formations shall remain in a natural state unless
modification is found to be necessary for a specific use allowed in this chapter through the
site and design approval procedure. Reduction or elimination of fire hazards will be
required where heavy concentrations of flammable vegetation occur. Landscaping as may
be necessary and required shall be consistent with the purpose of this chapter.
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(1) Landscaping shall be designed and installed consistent with the requirements and
guidelines of Section 18.40.130 (Landscaping) of the Zoning Ordinance, and in
particular with subsection 18.40. 130(c) regarding landscaping in Natural Areas, as
well as with the relevant Comprehensive Plan policies outlined in subsection (0)
below. Exceptions to tree removal restrictions may be made for invasive species such
as eucalyptus trees.
(2) A follow-up arborist and/or landscape report shall be required five years after the
final sign-off of the project completion. This report shall evaluate the health of trees
and significant landscape that were required for screen planting or and/or were
designated as protected plantings on the approved plans for the project. The
specifications of the report shall be provided in the conditions of approval of the
project. This requirement also applies to sites that receive bonus floor area ratio
(F AR) for maintaining specific percentages of the site as undisturbed native or
restored Any subsequent owner(s) shall also be obligated to replace any trees that die
with trees of the same size and species stated on the approved planning and building
pennit plans.
(e) Fencing Restriction
No barbed wire, or similar fencing having a cutting edge, may be installed except:
(1) To protect a vegetative community or wildlife habitat until it is fully established,
subject to the imposition of reasonable time limits through site and design review
pursuant to Chapter 18.30; and
(2) To enclose utility facilities, including, but not limited to, water or sewage pumps,
storage tanks, and wells.
(f) Trash Enclosures
Trash/recycle enclosures shall be pennitted, with staff-level design review, within the front
setback, including Special Setbacks, providing the enclosure is not more than six (6) feet
tall, is covered, is fitted with self closing gates, and is screened. The access to the enclosure
shall not be located on the side facing the street. The design of the enclosure shall be the
minimum size needed to accomplish the purpose of enclosing and screening the containers.
(g) Tree Removal
Removal of live trees shall be pennitted only as provided in Title 8.
(h) Access to Remote Areas
Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or motorcycles
or other wheeled vehicles shall not be developed except upon the securing of site and
design approval. No such approval shall be granted except upon finding that the purpose
for which the roads, tracks, driveways, trails, or runways are proposed is essential for the
establishment or maintenance of a use which is expressly pennitted in this chapter and that
the design and location of the proposed roads, tracks, driveways, trails, or runways will be
compatible with the terrain. The use of all roads, tracks, driveways, trails, or runways
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NOT YET APPROVED
existing at the time of the adoption of this chapter which are nonconforming or have been
established without proper approvals shall be terminated and shall be returned to natural
terrain unless given approval in accordance with the regulations set forth in this chapter.
(i) Grading
No grading for which a grading permit is required shall be authorized except upon the
securing of site and design approval. No such approval shall be granted except upon a
finding that the purpose for which the grading is proposed is essential for the establishment
or maintenance of a use which is expressly permitted in this chapter and that the design,
scope, and location of the grading proposed will be compatible with adjacent areas and will
result in the least disturbance of the terrain and natural land features. All grading for which
no permits or approvals are required shall be subject to the provisions set forth in this
chapter.
0) Soil Erosion and Land Management
No site and design plan shall be approved unless it includes soil erosion and sediment
control measures in accordance with any adopted procedures, technical standards, and
specifications of the planning commission. No approval will be granted unless all needed
erosion control measures have been completed or substantially provided for in accordance
with said standards and specifications. The applicant shall bear the final responsibility for
the installation and construction of all required erosion control measures according to the
provisions of said standards and specifications.
(k) Subdivision
All divisions of land into four or more parcels shall be designed on the cluster principle
and shall be designed to minimize roads; to minimize cut, fill, and grading operations; to
locate deVelopment in less rather than more conspicuous areas; and to achieve the purpose
of this chapter.
(I) Substandard Lots
Any parcel of land not meeting the area or dimension requirements of this chapter is a
lawful building site if such parcel was a lawful building site on July 5, 1972. All other
requirements of this chapter shall apply to any such parcel.
(m) Impervious Coverage
The intent of limiting impervious cover is to minimize runoff, enhance infiltration to the
soil, and provide a semi-rural appearance compatible with the OS district. Impervious
coverage allowances are prescribed in Section 18.28.050(b) and shall be calculated as
outlined below to include all building coverage, plus paved surfaces including but not
limited to driveways, parking areas, sports or tennis courts, swimming pools, patios or
decks, subject to exceptions and provisions as follows:
(1) All paved surfaces shall be classified as 100%, 75%, 50%, or 25% impervious, based
upon the material that is to be used and the proposed design and installation.
Determinations shall be made by the Planning Director based on permeability information
13
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NOT YET APPROVED
provided by the applicant, and the Director may consult with the Public Works Department
when necessary to determine the extent of the permeability. The applicant may provide
information in the soils report to outline the baseline permeability of the specific areas
proposed for coverage, and the baseline may be considered in determining the permeability
of the material.
(2) A primary driveway composed of gravel or decomposed granite shall not be counted
as impervious up to a width of 20 feet, where approved for use by the Public Works and
Fire Departments.
(3) The portions of a primary driveway located in the 200' scenic setback shall be
designed to have a natural appearance and shall not be counted as impervious up to a width
of20 feet (assuming the primary residence is located beyond the 200' setback).
(4) A primary driveway is one that extends from the nearest access road to the garage or
carport providing the required parking for the nlain residence.
(5) The proposed pervious paving materials for the primary driveway shall only be
permitted if acceptable to the Palo Alto Fire Department.
(6) The water surface area for in-ground pools and hot tubs shall not be counted as
impervious. The Fire Department may require additional specifications for the pool in order
to utilize the water more effectively for emergency response.
(7) The areas excluded from impervious coverage pursuant to approvals granted prior to
July 1, 2007 shall remain excluded from impervious coverage calculations, unless the
surfacing material is altered to a less permeable material.
(n) Light and Glare
Exterior lighting should be low-intensity and shielded from view so it is not directly visible
from off-site. The light emitted from skylights shall be minimal during the night hours.
Utilizing treatments such as translucent glass, shading systems, and interior light placement
can reduce the night glare. Skylights shall not use white glass.
(0) Story Poles and Other Visual Review Aids
Story poles (with associated taping or flagging) shall be erected for projects involving new
residences or other structures, or for substantial additions to new residences, for the
purpose of providing a better understanding of the visual impacts of a proposal in the OS
district. Story poles shall accurately outline the perimeter and key and highest rooflines of
the proposed structure( s) and shall be durable and sturdy enough to be visible from distant
views. Story poles shall be constructed to the satisfaction of the director prior to notice of a
hearing and shall renlain in place through the public hearing date. Erection of story poles
prior to public hearing notice may be required by the director to allow for staff and
neighbors to view the project. Other aids, such as taping the perimeter of other
development (structures, pools, sport courts, etc.) on the site and identifying trees to be
removed, may also be required by the director. Story poles shall be removed upon final
action on a project or upon the direction of the director."
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(p) Open Space Review Criteria
In addition to the above provisions and development standards in Table 2, the following
criteria shall be considered in the Site and Design review of all development of land in the
OS district, as outlined in the Conservation Element of the Comprehensive Plan:
(1) The development should not be visually intrusive from public roadways and public
parklands. As much as possible, development should be sited so it is hidden from
VIew.
(2) Developnlent should be located away from hilltops and designed to not extend above
the nearest ridge line.
(3) Site and structure design should take into consideration impacts on privacy and views
of neighboring property.
(4) Development should be clustered, or closely grouped, in relation to the area
surrounding it to make it less conspicuous, minimize access roads, and reduce
fragmentation of natural habitats.
(5) Built forms and landscape forms should mimic the natural topography. Building lines
should follow the lines of the terrain, and trees and bushes should appear natural from
a distance.
(6) Existing trees with a circumference of37.5 inches, measured 4.5 feet above the
ground level, should be preserved and integrated into the site design. Existing
vegetation should be retained as much as possible.
(7) Cut is encouraged when it is necessary for geotechnical stability and to enable the'
development to blend into the natural topography. Fill is generally discouraged and
should never be distributed within the driplines of existing trees. Locate development
to minimize the need for grading.
(8) To reduce the need for cut and fill and to reduce potential runoff, large, flat expanses
of impervious surfaces should be avoided.
(9) Buildings should use natural materials and earthtone or subdued colors.
(10) Landscaping should be native species that require little or no irrigation. Immediately
adjacent to structures, fire retardant plants should be used as a fire prevention
technique.
(11) Exterior lighting should be low-intensity and shielded from view so it is not directly
visible from off-site.
(12) Access roads should be of a rural rather than urban character. (Standard curb, gutter,
and concrete sidewalk are usually inconsistent with the foothills environment.)
(q) Standard Conditions of Approval
The director shall maintain a list of standard project conditions for projects in the OS
district that reflect the intent of the OS criteria. Conditions may address, but are not limited
to, landscaping, tree protection, planting, and maintenance, lighting, roofing materials,
grading, construction staging, and fire protection.
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(r) Development Standards Exception
Pursuant to a 1978 Settlement Agreement, nine designated lots less than 10 acres in size,
located on page 54, book 182 of the Assessor's Parcel Maps (182-54-xxx) are entitled to be
developed as if they complied with the 10 acre minimum lot size for the OS zone. Owners
of these nine lots may choose to comply with the parameters of the 1978 Agreen1ent or the
standard development regulations as described in this Chapter. A site shall utilize either the
1978 Agreement standards or the regulations described in this Chapter, but cannot use both.
SECTION 5. Section 18.28.080 (Additional AC District Design Regulations) of
Chapter 18.28 (Special Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is
hereby amended to read as follows:
18.28.080 Additional AC District Design :ij.equirements
The following additional regulations shall apply in the AC district:
(a) Site and Design Approval
All sites in the AC district shall be subject to the Site Design and Review Combining
District (D) as provided in Chapter 18.30(G).
(b) Location of Agricultural Facilities
Barns, stables, sheds, chicken houses, and other similar facilities for the shelter and feeding
of animals, exclusive of domestic household pets, shall be located a minimum of 40 feet
from any site line.
SECTION 6. Section 18.28.090 (Parking and Loading) of Chapter 18.28 (Special
Purpose (PF, OS and AC) Districts) the Palo Alto Municipal Code is hereby amended to read as
follows:
18.28.090 Parking and Loading
Off-street parking and loading facilities shall be required for all permitted and conditional uses in
accord with Chapter 18.40. All parking and loading facilities on any site, whether required as
minimums or optionally provided in addition to minimum requirements, shall comply with the
regulations and the design standards established by Chapter 18.42. In addition, parking facilities
shall be subject to the following regulations:
(a) PF District
In the PF district, no required parking space shall be located in the first 10 feet adjoining
the street property line of any required yard.
(b) OS District
(1) In the OS district, no required parking space shall be located in a required front or side
yard or in a special setback.
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(2) Vehicle parking, other than the four required spaces, may be allowed in the 200'
Special Setback if located at least 100' from the affected property line, as approved
through the Site and Design review process. A lesser setback, with a minimum of 50', may
be considered if the 100' setback is determined by the Planning Director as infeasible
based on the site constraints. These additional spaces shall be screened from public views.
(c) AC District
In the AC district, no required parking space shall be located in a required front yard or
required street side yard.
18.28.100 Grandfathered Uses
In the OS district, accessory dwellings and guest cottages existing on April 28, 1986, and which
prior to that date were lawful, conforming permitted uses may remain as legal nonconforming
uses. Such uses shall be permitted to remodel, improve or replace site improvements on the
same site, without necessity to comply with site development regulations for continual use and
occupancy by the same use; provided that any such remodeling, improvement or replacement
shall not add a kitchen nor result in increased floor area, number of dwelling units, height, length
or any other increase in the size of the improvement without complying with the standards set
forth in Section 18.28.070(a) and without applying for and receiving a conditional use permit.
SECTION. The City Council finds that the changes effected by this ordinance are
categorically exempt (per section 15305 (Class 5) of the CEQA Guidelines) from the provisions
of the California Environmental Quality Act (CEQA) as they comprise minor alterations to land
use limitations and will have no significant environmental impacts.
II
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SECTION 7. This ordinance shall be effective on the 31 st day after the date of it's
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
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Mayor
APPROVED:
City Manager
Director of Planning &
Community