HomeMy WebLinkAbout2017-11-29 Planning & transportation commission Agenda Packet_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers.
Planning & Transportation Commission
Regular Meeting Agenda: November 29, 2017
Council Chambers
250 Hamilton Avenue
6:00 PM
Call to Order / Roll Call
Election of PTC Chair and Vice Chair
Oral Communications
The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2
Agenda Changes, Additions, and Deletions
The Chair or Commission majority may modify the agenda order to improve meeting management.
City Official Reports
1. Assistant Directors Report, Meeting Schedule and Assignments
Study Session
Public Comment is Permitted. Five (5) minutes per speaker.1,3
Action Items
Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal.
All others: Five (5) minutes per speaker.1,3
2. PUBLIC HEARING: Recommendation to the City Council Regarding the Adoption of an
Ordinance Amending Palo Alto Municipal Code (PAMC) Chapter 2.20 (Planning and
Transportation Commission) of Title 2, Chapter 9.10 (Noise) of Title 9, Chapter 10.64
(Bicycles, Roller Skates and Coasters) of Title 10, and Chapters 18.04 (Definitions),
18.10 (Low-Density Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family
Residential District), 18.15 (Residential Density Bonus), 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC and CS) Districts), 18.28 (Special
Purpose (PF, OS and AC) Districts), 18.30(G) (Combining Districts), 18.40 (General
Standards and Exceptions), 18.42 (Standards for Special Uses), 18.52 (Parking and
Loading Requirements), 18.54 (Parking Facility Design Standards), 18.76 (Permits and
Approvals), 18.77 (Processing of Permits and Approvals), and 18.80 (Amendments to
Zoning Map And Zoning Regulations) of Title 18, and Chapters 21.12 (Tentative Maps
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers.
and Preliminary Parcel Maps) and 21.32 (Conditional Exceptions) of Title 21. The
Proposed Ordinance is Exempt from the California Environmental Quality Act (CEQA)
in Accordance With CEQA Guidelines Section 15061(b)(3). For More Information,
Please Contact Clare Campbell at clare.campbell@cityofpaloalto.org.
3. Discussion Regarding the Commission's Performance, Roles and Responsibilities, and
Opportunity for Commissioner Feedback to Improve Processes and Results.
4. Discussion Regarding the Planning and Transportation Commission's Annual Report
to the City Council.
Approval of Minutes
Public Comment is Permitted. Five (5) minutes per speaker.1,3
There are no minutes to approve at this meeting.
Committee Items
Commissioner Questions, Comments or Announcements
Adjournment
_______________________
1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at
the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair,
provided that the non-speaking members agree not to speak individually.
1. The Chair may limit Oral Communications to 30 minutes for all combined speakers.
2. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers.
Palo Alto Planning & Transportation Commission
Commissioner Biographies, Present and Archived Agendas and Reports are available online:
http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are:
Chair Michael Alcheck
Vice Chair Asher Waldfogel
Commissioner Przemek Gardias
Commissioner Ed Lauing
Commissioner Susan Monk
Commissioner Eric Rosenblum
Commissioner Doria Summa
Get Informed and Be Engaged!
View online: http://midpenmedia.org/category/government/city-of-palo-alto or on Channel 26.
Show up and speak. Public comment is encouraged. Please complete a speaker request card
located on the table at the entrance to the Council Chambers and deliver it to the Commission
Secretary prior to discussion of the item.
Write to us. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Letters can be
delivered to the Planning & Community Environment Department, 5th floor, City Hall, 250
Hamilton Avenue, Palo Alto, CA 94301. Comments received by 2:00 PM two Tuesdays preceding
the meeting date will be included in the agenda packet. Comments received afterward through
2:00 PM the day of the meeting will be presented to the Commission at the dais.
Material related to an item on this agenda submitted to the PTC after distribution of the
agenda packet is available for public inspection at the address above.
Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a
manner that is readily accessible to all. Persons with disabilities who require materials in an
appropriate alternative format or who require auxiliary aids to access City meetings, programs,
or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing
ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least
24 hours in advance of the meeting, program, or service.
Planning & Transportation Commission
Staff Report (ID # 7783)
Report Type: City Official Reports Meeting Date: 11/29/2017
City of Palo Alto
Planning & Community Environment
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: City Official Report
Title: Assistant Directors Report, Meeting Schedule and Assignments
From: Hillary Gitelman
Recommendation
Staff recommends that the Planning and Transportation Commission (PTC) review and
comment as appropriate.
Background
This document includes the following items:
PTC Meeting Schedule
PTC Representative to City Council (Rotational Assignments)
Tentative Future Agenda
Commissioners are encouraged to contact Yolanda Cervantes
(Yolanda.Cervantes@CityofPaloAlto.org) of any planned absences one month in advance, if
possible, to ensure availability of a PTC quorum.
PTC Representative to City Council is a rotational assignment where the designated
commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi-
judicial and legislative matters. Representatives are encouraged to review the City Council
agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their
respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are
available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards-
and-commissions/planning-and-transportation-commission.
The Tentative Future Agenda provides a summary of upcoming projects or discussion items.
Attachments:
Attachment A November 29, 2017 PTC Meeting Schedule & Assignments (DOCX)
Planning & Transportation Commission
2017 Meeting Schedule & Assignments
2017 Schedule
Meeting Dates Time Location Status Planned Absences
1/11/2017 6:00 PM Council Chambers Regular
1/25/2017 6:00 PM Council Chambers Regular CANCELLED
2/8/2017 6:00 PM Council Chambers Regular Waldfogel
2/22/2017 6:00 PM Council Chambers Regular
3/8/2017 6:00 PM Council Chambers Regular Monk, Waldfogel
3/29/2017 6:00 PM Council Chambers Regular
4/12/2017 6:00 PM Council Chambers Regular
4/26/2017 6:00 PM Council Chambers Regular
5/10/2017 6:00 PM Council Chambers Regular Rosenblum, Summa,
5/31/2017 6:00PM Council Chambers Regular Alcheck
6/14/2017 6:00 PM Council Chambers Regular Monk,Waldfogel
6/28/2017 6:00 PM Council Chambers Regular Alcheck
7/12/2017 6:00 PM Council Chambers Regular Rosenblum, Waldfogel
7/26/2017 6:00 PM Council Chambers Regular Alcheck, Lauing
8/09/2017 6:00 PM Council Chambers Regular Rosenblum
8/30/2017 6:00 PM Council Chambers Regular
9/13/2017 6:00 PM Council Chambers Regular
9/27/2017 6:00 PM Council Chambers Regular
10/11/2017 6:00 PM Council Chambers Regular
10/25/2017 6:00 PM Council Chambers Regular CANCELLED
11/08/2017 6:00 PM Council Chambers Regular Monk
11/29/2017 6:00 PM Council Chambers Regular
12/13/2017 6:00 PM Council Chambers Regular
12/27/2017 6:00 PM Council Chambers CANCELLED
2018 Assignments - Council Representation (primary/backup)
January February March April May June
Michael Alcheck Eric Rosenblum Asher Waldfogel Ed Lauing Przemek Gardias Eric Rosenblum
July August September October November December
Asher Waldfogel Ed Lauing Doria Summa Przemek Gardias Susan Monk Michael Alcheck
Subcommittees
Planning & Transportation Commission
2017 Tentative Future Agenda
November 20, 2017 Draft-All Dates and Topics Subject to Change
The Following Items are Tentative and Subject to Change:
Meeting Dates Topics
December 13 Accessory Dwelling Unit Ordinance Implementation Update
Update on Recent State Housing Laws
PTC Annual Report to Council (Final)
2018
Meeting Dates Topics
January 10, 2018
Update PTC Rules of Order & By Laws for Effective Meeting
Management
Update on Housing Element Implementation
2755 El Camino Real
Public Facilities (PF) Zoning Ordinance Amendment
Training: Palo Alto’s Below Market (BMR) Housing Program
January 31, 2018
Annual Office Limit Ordinance
Training: Brown Act & Conflict of Interest
Eichler Guidelines
Planning & Transportation Commission
Staff Report (ID # 8041)
Report Type: Action Items Meeting Date: 11/29/2017
City of Palo Alto
Planning & Community Environment
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: Planning-Related Code Amendments (2018)
Title: PUBLIC HEARING: Recommendation to the City Council
Regarding the Adoption of an Ordinance Amending Palo Alto
Municipal Code (PAMC) Chapter 2.20 (Planning and
Transportation Commission) of Title 2, Chapter 9.10 (Noise) of
Title 9, Chapter 10.64 (Bicycles, Roller Skates and Coasters) of
Title 10, and Chapters 18.04 (Definitions), 18.10 (Low-Density
Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family
Residential District), 18.15 (Residential Density Bonus), 18.16
(Neighborhood, Community, and Service Commercial (CN, CC
and CS) Districts), 18.28 (Special Purpose (PF, OS and AC)
Districts), 18.30(G) (Combining Districts), 18.40 (General
Standards and Exceptions), 18.42 (Standards for Special Uses),
18.52 (Parking and Loading Requirements), 18.54 (Parking
Facility Design Standards), 18.76 (Permits and Approvals),
18.77 (Processing of Permits and Approvals), and 18.80
(Amendments to Zoning Map And Zoning Regulations) of Title
18, and Chapters 21.12 (Tentative Maps and Preliminary Parcel
Maps) and 21.32 (Conditional Exceptions) of Title 21. The
Proposed Ordinance is Exempt from the California
Environmental Quality Act (CEQA) in Accordance With CEQA
Guidelines Section 15061(b)(3). For More Information, Please
Contact Clare Campbell at clare.campbell@cityofpaloalto.org.
From: Hillary Gitelman
Recommendation
Staff recommends that the Planning and Transportation Commission (PTC) take the following
action(s):
City of Palo Alto
Planning & Community Environment Department Page 2
1. Find the proposed draft ordinance exempt from the provision of CEQA in accordance
with CEQA Guidelines section 15061(b)(3); and
2. Recommend to the City Council adoption an ordinance (Attachment A) to amend
various sections of the Palo Alto Municipal Code.
Report Summary
This report transmits proposed amendments to various sections of the Palo Alto Municipal
Code (PAMC), with many changes affecting Title 18, the Zoning Code. These code amendments
are intended to modify code provisions to reflect current practice or policy, correct errors, and
introduce some new policy initiatives. The proposed code modifications are focused on the
items listed below and are presented in the report in this same order.
Minor Text Clarifications:
1. Correct Threshold Requiring a Transportation Demand Management Plan
2. Correct Reference to Transportation Management Association
3. Remove Duplicate Definition of “Director”
4. Correct Table Reference – Parking Stall Widths
5. Correct Site and Design Code Reference
6. Clarify that the Contextual Garage Placement Applies to Carports
7. Clarification of Carport and Garage Definitions
8. Site and Design Review – Correct Code Reference for Minor Projects
9. Resubmittal of Denied Applications – Correct Language
10. Map Exceptions Process – Add Reference to Title 18
11. Clarify Floor Area Exemptions for Historic Homes
12. Office Restrictions in CS/CN/CC – Remove CS Reference
13. Preliminary Parcel Map – Add Option of Director’s Deferral Directly to Council
Procedural-Related Amendments:
14. Remove Restrictive Election Time for PTC Officers
15. Establish Uniform Timing for Public Hearing Notices for Maps and Zone Changes
16. Add Provision to Allow Closure of Inactive Applications and Require New Application for
Substantially Modified Projects
17. Prohibit Gas-Powered Leaf Blowers in Commercial Districts
18. Add Floor Area Exemption for Trash Enclosures in the CD District
19. Expand Exceptions for Historic Homes Related to Floor Area and HIE’s
20. Clarify Setbacks for Outdoor Fireplaces and BBQs
21. Establish an Over the Counter Architectural Review Process
22. Various Updates to Application Processing and Approvals
23. Clarifications to the Wireless Communication Facilities Review Process
24. Modify Accessory Dwelling Unit Requirements Per State Regulations
City of Palo Alto
Planning & Community Environment Department Page 3
25. Update Residential Density Bonus Per State Requirements
26. Remove Bicycle License Requirement
27. Individual Review and Demolition of Historic Inventory Properties
Background
As circumstances warrant, the City reviews the Municipal Code and makes changes intended to
better achieve stated goals, reflect operational practices, provide clarity, or improve a process
provided for in the ordinance. There are also instances where code changes are needed to
address changes in State law or in the City’s Comprehensive Plan. The various code
amendments proposed are part of an on-going effort to bring the zoning code into alignment
with these practices and regulations. The last collection of Planning Code Amendments was
approved earlier this year in February 2017. It is staff’s intent to bring forward minor code
amendments annually, as needed.
In this collection of proposed code updates, there are references to code sections other than
Title 18 (Zoning Code). These additional sections include the noise ordinance, parking and
bicycle regulations, and the subdivision process.
Discussion
The proposed code amendments are divided into two groups, one for minor text clarifications
and one for procedural or process focused changes. Each amendment is presented with the
“issue” that is being addressed by the proposed code change, and includes any relevant
background. Additionally, for each existing code section, the staff report provides links to the
web-based municipal code so the reader can review the related code sections in full detail. For
each amendment, once the issue has been identified, the report then provides the proposed
text modifications. The majority of the proposed text amendments are included in the body of
the report and for those that are not, they can be found in the attached draft ordinance,
Attachment A.
A. Minor Text Clarifications
1. Correct Threshold Requiring a Transportation Demand Management Plan
Issue: With the adoption of Ordinance 5406 in February 2017, a text correction was missed
regarding the threshold of when a project would be required to provide a Transportation
Demand Management (TDM) plan. Section 18.52.030 (i)(1)(A), in Basic Parking Regulations,
should reflect 50 new vehicle trips and not 100. This 50 trip threshold was what Council intended
by their motion, and the code sections were amended to reflect this change, but the correction
was overlooked for the section referenced here.
Proposed Text:
(i) Transportation Demand Management Plan
City of Palo Alto
Planning & Community Environment Department Page 4
(1) Requirement for TDM Plan: A Transportation Demand Management (TDM) Plan to
reduce and manage the number of single-occupant motor vehicle trips generated by the
project shall be prepared and submitted by the applicant in the following circumstances:
(A) For all projects that generate 50 100 or more net new weekday (AM or PM peak
hour) or weekend peak hour trips;
2. Correct Reference to Transportation Management Association
Issue: In Chapter 18.52, Parking and Loading Requirements, there are two incorrect references
to the Transportation Management Authority; it should read Transportation Management
Association.
Proposed Text:
18.52.030 Basic Parking Regulations
(i) Transportation Demand Management Plan
(2) The Director shall have the authority to adopt guidelines for preparing TDM plans and
when applicable shall coordinate such guidelines with the Transportation Management
AuthorityAssociation.
18.52.050 Adjustments by the Director
(d) Transportation Demand Management (TDM)
(2) Where a Transportation Demand Management (TDM) program is proposed or required,
the TDM program shall outline parking and/or traffic demand measures to be implemented to
reduce parking need and trip generation. The Director shall have the authority to adopt
guidelines for preparing TDM plans. Required measures may include, but are not limited to:
participation in the Transportation Management AuthorityAssociation or similar organization,
3. Remove Duplicate Definition of “Director”
Issue: Section 18.04.030(a), Definitions, contains the same two definitions for “Director” and they
are listed in subsections (41.5) and (44.8). The second listing is the correct placement for this
definition.
Proposed Text:
(41.5) “Director” means the director of planning and community environment or his or her
designee.
City of Palo Alto
Planning & Community Environment Department Page 5
4. Correct Table Reference – Parking Stall Widths
Issue: Section 18.54.020(a)(3), in Parking Facility Design, refers to the incorrect table for the
dimensions for parking stalls.
Proposed Text:
(3) The required stall widths shown in Table 3 5 of Section 18.54.070 shall be increased by 0.5
foot for any stall located immediately adjacent to a wall, whether on one or both sides.
5. Correct Site and Design Code Reference
Issue: Section 18.28.070(b)(2), in Site and Design Approval, refers to the incorrect application
review process/code section.
Proposed Text:
(2) Major Site and Design Review: For all other projects not reviewed as Minor Site and Design
Review, the project will be forwarded to the Planning and Transportation Commission for review
and recommendation and then placed on the Council Consent agenda for final action, as
prescribed for staff actions outlined in Section 18.77.060 18.76.060 (Standard Staff Review
Process).
6. Clarify that the Contextual Garage Placement Applies to Carports
Issue: Section 18.12.040(f), Contextual Garage Placement, specifies requirements for where the
required covered parking can be placed on the lot for single-family homes in the R-1 zone. Staff
believes, and has expressed in the past, that this code provision as written fails to capture its
intended purpose of discouraging covered vehicle parking in the front half of the lot where a
pattern exists with parking placed on the rear half of lots. This matter was previously presented
to the PTC on September 9th, September 30th and October 28, 2015.1 The Commission at that
time did not support forwarding to Council a recommendation to change this code section based
in part on commissioner arguments that the modification represented a new policy direction and
not a clarification. Staff disagrees with this perspective. Long term city employees with
knowledge of the municipal code have affirmed the interpretation to allow carports in the front
portion of the lot when a garage was precluded from doing so is anomalous to the historical
application of the code. Moreover, staff has found only a limited number of examples where
building permits were issued that allowed carports in the front half of the lot when the
neighborhood pattern clearly shows parking in the rear half. To avoid any future
misinterpretations, staff recommends adding text to clearly indicate that carports must also
comply with the contextual placement requirements that apply to garages.
1 PTC Meeting Minutes: 09/09/2015 Meeting; 09/30/2015 Meeting; 10/28/2015 Meeting
City of Palo Alto
Planning & Community Environment Department Page 6
Proposed Text:
(f) Contextual Garage and Carport Placement
If the predominant neighborhood pattern is of garages or carports located within the rear half of
the site, or with no garage or carport present, attached garages/carports shall be located in the
rear half of the house footprint. Otherwise, an attached garage/carport may be located in the
front half of the house footprint. "Predominant neighborhood pattern" means the existing
garage/carport placement pattern for more than half of the houses on the same side of the block,
including the subject site. This calculation shall exclude flag lots, corner lots and existing
multifamily developments of three or more units. For blocks longer than 600 feet, the calculations
shall be based on the 10 homes located nearest to and on the same side of the block as the subject
property, plus the subject site, but for a distance no greater than 600 feet. Detached
garages/carports shall be located in the rear half of the site and, if within a rear or side setback, at
least 75 feet from the front property line. Detached garages/carports on lots of less than 95 feet in
depth, however, may be placed in a required interior side or rear yard if located in the rear half of
the lot. Access shall be provided from a rear alley if the existing development pattern provides for
alley access. For the calculation of corner lots, the "predominant pattern" shall be established for
the street where the new garage/carports fronts.
7. Clarification of Carport and Garage Definitions
Issue: The definitions of “carport” and “garage” are not as clear as they should be and the
proposed text change would help clarify these terms and correct the specifications for what is
considered a garage.
Proposed Text:
18.04.030(a) Definitions
(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 or more motor vehicles, which is
completely open (unenclosed) on two or more sides including on the vehicular entry side, and
which is covered with a solid roof.
(59) “Garage, private” 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 or more motor vehicles
and which is completely enclosed on three two or more sides and covered with a solid roof.
8. Site and Design Review – Correct Code Reference for Minor Projects
Issue: Section 18.30(G).060, Action by Commission, contains the wrong code reference for the
minor architectural review process.
City of Palo Alto
Planning & Community Environment Department Page 7
Proposed Text:
Unless the application for design approval is diverted for minor architectural review under Section
18.76.020 (b)(3)(D) (E) the planning commission shall review the site plan and drawings, and shall
recommend approval or shall recommend such changes as it may deem necessary to accomplish
the following objectives…
9. Resubmittal of Denied Applications – Correct Language
Issue: Section 18.77.020(d), in Resubmittal of Applications, has a text error regarding when an
applicant may submit a revised project when the earlier application was denied.
Proposed Text:
(d) Resubmittal of applications
If an application is denied, the director or city council may specify that a substantially similar
application may not be accepted within 12 months following prior to the date of such denial,
unless it is shown that the circumstances surrounding the application have changed substantially.
10. Map Exceptions Process – Add Reference to Title 18
Issue: Title 21, Subdivisions, provides direction for all subdivision processes, including a map with
exceptions. In this title, “exception” is defined to mean “an exception to any of the requirements
for lot width, lot depth, lot area, street frontage or access, as set forth in Titles 18 or 21… ” For
added clarification to the map exception process in Section 21.32.010, a specific reference to this
“exception” definition is proposed. This will help clarify that map exceptions may include certain
standards (i.e. lot width, lot area, street frontage or access) required by Title 18.
Proposed Text:
21.32.010 Application for exceptions.
A subdivider may apply for conditional Eexceptions to any of the requirements and regulations
set forth in this title and Title 18, as defined in Section 21.04.030(b)(17). Such exceptions may be
granted only by the city council after recommendation by the planning commission. Application
for such exception shall be made by petition of the subdivider, stating fully the grounds of the
application and the facts relied upon by the petitioner. Such petition shall be submitted with the
tentative or preliminary parcel map for which the exception is requested and shall be reviewed
and processed concurrent with said map.
11. Clarify Floor Area Exemptions for Historic Homes
City of Palo Alto
Planning & Community Environment Department Page 8
Issue: Section 18.12.040(b) Table 3, Summary of Gross Floor Area for Single Family Residential
Districts, does not precisely reference how basements should be evaluated for inclusion in the
floor area. Table 3 is meant to serve as a simplified reference of the specifications for low density
residential floor area inclusions and exclusions, as outlined in the definition of Gross Floor Area
(PAMC 18.04.030(65)(C) & (D)). The edit to the Table 3 makes the language consistent with the
definition.
Proposed Text:
18.12.040(b) Table 3 Summary of Gross Floor Area for Single Family Residential Districts
Description Included In
GFA
Excluded
from GFA
Basement area for Category 1 & 2 Historic Homes or contributing
structure within a historic district (even if greater than 3' above
grade)
12. Office Restrictions in CS/CN/CC – Remove CS Reference
Issue: The section 18.16.050(a)(3), in Office Use Restrictions, specifies that for CS zoned sites
along El Camino Real, ground floor office use is allowed providing the site was not used for
housing on March 19, 2001. This provision is at odds with other code language seeking to
minimize or limit the circumstances in which office is allowed in certain districts. A preceding
code section prohibits ground floor office when housing, neighborhood business service, retail
services, personal services eating and drinking services and automobile services previously
occupied the site in the CS, CN or CC districts. Section 18.16.050(a)(3) created a loophole that
would allow in the CS zone commercial office to replace retail or restaurants, which is not the
intent of this section. It was believed that this issue was addressed in the last planning codes
update, but it was not. The City’s adoption of the retail preservation ordinance has further
limited the impact of this code section, nevertheless, staff recommends amending this section.
The proposed amendment would simply strike in its entirety subsection (a)(3) of Section
18.16.050 thereby remedying the conflict.
Proposed Text:
18.16.050 Office Use Restrictions
The following restrictions shall apply to office uses:
(a) Conversion of Ground Floor Housing and Non-Office Commercial to Office
Medical, Professional, and Business offices shall not be located on the ground floor, unless any of
the following apply to such offices:
City of Palo Alto
Planning & Community Environment Department Page 9
(1) Have been continuously in existence in that space since March 19, 2001, and as of such
date, were neither non-conforming nor in the process of being amortized pursuant to Chapter
18.30(I);
(2) Occupy a space that was not occupied by housing, neighborhood business service, retail
services, personal services, eating and drinking services, or automotive service on March 19, 2001
or thereafter;
(3) In the case of CS zoned properties with site frontage on El Camino Real, were not occupied
by housing on March 19, 2001;
(4) Occupy a space that was vacant on March 19, 2001;
13. Preliminary Parcel Map – Add Option of Director’s Deferral Directly to Council
Issue: Section 21.12.090, action on tentative and preliminary parcel maps, provides the director
of planning the option to defer action on a preliminary parcel map after a Director’s Hearing if the
project is considered complex. The current process requires both the PTC and Council to review
the deferred action. Staff suggests modifying the code language to allow the director discretion to
forward deferred actions directly to Council for review, making the PTC review optional. The
reason to provide this alternative process is to streamline the review of certain projects that have
multiple entitlements where Council is required to take action en masse and the PTC has already
reviewed the project in a non-map related public hearing, or where the PTC otherwise has no
other review authority.
Proposed Text:
21.12.090(e) Action on Preliminary Parcel Map.
Subject to the appeal procedures of this title, the director of planning shall approve, conditionally
approve, or deny any preliminary parcel map filed. The director of planning shall take such action
within fifty days of the date of filing, unless extended by the mutual consent of the director of
planning and the applicant. Prior to taking any such action, the director of planning shall hold a
public hearing at which any interested person shall be allowed to present testimony regarding the
preliminary parcel map. If, in the opinion of the director of planning, there are issues of major
significance associated with the proposed parcel map, such map may be deferred by the director
of planning to the planning commission and the city council, or the city council directly under the
provisions of Section 18.40.170 of Title 18, for processing in accordance with the procedures set
forth in subsections (c) and (d) of this section.
B. Procedural Related Amendments
City of Palo Alto
Planning & Community Environment Department Page 10
14. Remove Restrictive Election Time for PTC Officers
Issue: The current code Section 2.20.030 specifies that the PTC officers, chair and vice chair,
shall be elected annually in November. The proposed code revision would remove the
November provision and allow elections to occur as needed, while maintaining the one-year
term limit. This change is consistent with the provisions for other city commissions, including
the Utility Advisory, Parks and Recreation, and Library Advisory Commissions, and the
Architectural Review Board. The PTC can update its rules of order as needed to establish a
preferred time to conduct its election of officers.
Proposed Text:
2.20.030 Officers
The Commission shall elect a chairperson and a vice chairperson from its membership who shall
serve in such capacity for terms of one year each, or until a successor is elected its officers
annually at the first meeting in November.
15. Establish Uniform Timing for Public Hearing Notices for Maps and Zone Changes
Issue: All required public hearings associated with planning entitlements have a ten calendar
day minimum for providing notice, with the exceptions of zoning amendments (18.80.060) and
maps (21.12.090(f)), which require 12 days. For consistency and to eliminate errors, staff
recommends using the 10 day noticing requirement for all public hearing requirements.
Additionally, the mailing radius is being updated to reflect our existing practice of doing a 600
foot radius mailing for all hearings, except for hearings for Home Improvement Exceptions and
Individual Reviews.
Proposed Text:
21.12.090 Action on tentative and preliminary parcel maps.
(f) Notice of Hearing.
(1) Notice of the hearing required by subsections (c), (d), or (e) above shall be given by
publication once in a local newspaper of general circulation not less than ten twelve days prior
to the date of the hearing.
(2) Additionally, the city shall mail written notice of such hearing at least ten twelve days
prior to the date of the hearing to each owner of record of real property within ninety-one and
four-tenths meters (three six hundred feet) of the exterior boundary of the property for which
classification is sought as such owner of record is shown in the last equalized assessment roll
and to owners or occupants of the property within ninety-one and four-tenths meters (three
hundred feet) as shown on the city utility customer file.
(4) In addition to any other information required, the applicant shall submit with its
application a list of all owners of record of real property within ninety-one and four-tenths
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meters (threesix hundred feet) of the exterior boundary of the property to be subdivided as
shown in the last equalized assessment roll (as updated by the semiannual real estate update
information)
18.80.060 Notice of Public Hearing
(a) The planning commission shall give a notice of hearing on a proposed change of district
boundaries in the following manner:
(1) Notice of the hearing shall be given by publication once in a local newspaper of general
circulation not less than ten twelve days prior to the date of the hearing.
(2) Additionally, excepting a city-wide change in the zoning map, the city shall mail written
notice of such hearing at least ten twelve days prior to the date of the hearing to each owner
of real property and to each residential occupant within 600 feet of the exterior boundary of
the property for which classification is sought. Notice shall be provided as specified in Section
18.77.080. Compliance with the procedures set forth in this section shall constitute a good
faith effort to provide notice, and the failure of any owner or occupant to receive notice shall
not prevent the city from proceeding with the hearing or from taking any action nor affect the
validity of any action.
16. Add Provision to Allow Closure of Inactive Applications and Require New Application for
Substantially Modified Projects
Issue: The zoning code does not have a provision that specifically allows staff to close out or
withdraw a planning application due to lack of response by the applicant. In practice, staff
notifies an applicant in writing that a response to staff comments is needed within a specific
timeframe (this time line is relative to the level of response required); otherwise the project
will be closed out. This practice has been sufficient for determining which applicants are still
interested in moving forward and which ones are not. Staff seeks to codify this existing
practice by adding a new section to 18.40, General Standards and Exceptions. Additionally,
staff is proposing new code language that would give the Director authority to require the
filing of a new planning application when substantial changes to a project warrant a new
review to applicable code sections. While this does not happen often, there have been
instances where an applicant’s project plans change, sometimes significantly, and all previous
work reviewing the prior project is no longer relevant. In some of these instances, the City is
not being compensated for staff time spent reviewing a new project.
New Text:
18.40.190 Application Withdrawal
(a) Applicant Withdrawal. The applicant may withdraw any rezoning, permit or other
application submitted pursuant to this Title at any time before action to approve,
conditionally approve or deny the application has been taken by the decisionmaking
body, by providing written notification to the Director.
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(b) Inactive Applications. Where there is inactivity on an application on the part of the
applicant for a period of at least six consecutive months, the Director shall have the
authority to deem an application withdrawn without holding any hearing. The Director
shall provide a courtesy notice to the applicant at the last known address of the
applicant on record with the Director of the Director’s intention to deem an application
withdrawn at least thirty days prior to deeming such application withdrawn, and the
notice shall specify the date that the application is deemed withdrawn. For purposes of
this section, “inactivity” on an application means that the Director has requested from
the applicant or has provided the applicant with notice of additional information,
materials and/or fees needed by the Director from the applicant to continue to process
the application and the applicant has failed to adequately respond to that request or
notice.
18.40.200 New Application Submittal Required
New Application Submittal. The Director shall have the authority to require the filing of a new
application when a pending application project description, proposed land uses, building
design, or other aspects of the project are substantially modified as to warrant a new review
of the project to applicable code sections. The filing of a new application shall be subject to
new fees and renders the previous application withdrawn.
17. Prohibit Gas-Powered Leaf Blowers in Commercial Districts
Issue: The use of leaf blowers powered by an internal combustion engine generates high noise
volumes and is generally considered a public nuisance. The current regulations prohibit the use
of these gas-powered leaf blowers in residential districts (Section 9.10.060(f)(2)). The proposal
is to carry the prohibition over to commercial districts as well. The proposed amendment
includes an exception for activity on City-owned or operated lands and on Palo Alto Unified
School District lands. Another exception is proposed on these lands for emergency related
operations.
Proposed Text:
9.10.060(f) Leaf Blowers.
(2) No person shall operate any leaf blowers within a residential zone except during the
following hours: nine a.m. and five p.m. Monday through Friday and ten a.m. and four
p.m. Saturday. No person shall operate any leaf blower within any non-residential zone
except during the following hours: eight a.m. and six p.m. Monday through Friday, and
ten a.m. to four p.m. Saturday. No person shall operate any leaf blowers on Sundays and
holidays. No person shall operate any leaf blower powered by an internal combustion
engine within any residential or commercial zone after July 1, 2005. Commercial
operators of leaf blowers are prohibited from operating any leaf blower within the city if
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they do not prominently display a certificate approved by the Chief of Police verifying
that the operator has been trained to operate leaf blowers according to standards
adopted by the Chief of Police. In addition to all authorizations and restrictions
otherwise provided in this chapter, public streets, sidewalks, and parking lots in business
districts and at the Municipal Golf Course and all city parks may be cleaned between
4:00 a.m. and 8:00 a.m. using leaf blowers which bear an affixed manufacturer's label
indicating the model number of the leaf blower and designating a noise level not in
excess of sixty-five dBA when measured from a distance of fifty feet utilizing American
National Standard Institute methodology.
(3) The use of leaf blowers powered by an internal combustion engine shall be allowed when
used on property owned or operated by the City or the Palo Alto Unified School District
between nine a.m. and five p.m. Monday through Friday and ten a.m. and four p.m.
Saturday for routine maintenance operations, and at any time for emergency
operations.
18. Add Floor Area Exemption for Trash Enclosures in the CD District
Issue: Currently the code [Section 18.04.030(a)(65)(B)] allows some minor floor area
exemptions upon Director approval for non-residential and multi-family development, but
specifically excludes the CD Commercial Downtown zone district. The recommendation is to
allow these same minor exemptions to apply in the CD zone and clarify the requirements.
For existing developed commercial sites in the CD zone district, businesses are finding it
difficult to comply with City regulations for required enclosed and covered refuse areas (as
required by Public Works Water Quality). This is primarily because these refuse structures
count towards the site’s floor area calculation and many of the existing developed sites are at
or over their floor area ratio (FAR) limit. The purpose of requiring covered exterior refuse
areas is to prevent rain from falling on containers, compactors, or the enclosure floor and
carrying contaminants to the stormwater system. Additionally, polluted water can enter the
storm drain through leaks or spills when the containers are emptied.
Although this current code section allows for additional Director approved FAR for the
purpose of code compliance, the recommendation is to explicitly identify that new code-
required structures for refuse areas for existing facilities may qualify for this exemption. The
intent of this code modification is not to allow conversion of existing interior refuse area to
be relocated outside the building, but to provide some relief for constrained sites when no
refuse storage area exists. Additionally, the added FAR cannot be grandfathered and carried
over to a newly constructed project.
Proposed Text:
18.04.030(a)(65) Gross Floor Area
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(B) Non-residential & Multifamily Exclusions: For all zoning districts other than the R-E, R-1, R-2
and RMD residence districts, “gross floor area” shall not include the following:
(iv) Except in the CD District and in areas designated as special study areas, For existing
structures, 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. Any additional floor area approved shall not qualify for
grandfathered floor area in the event the building is later replaced or redeveloped. Such
allowable additions may include, but not be limited to, the following:
a. Areas designed for resource conservation, such as trash compactors, recycling, and
other energy facilities meeting the criteria outlined in Section 18.42.120 (Resource Conservation
Energy Facilities);
b. Areas designed and required for hazardous materials storage facilities, disability
related access or seismic upgrades. For the purpose of this section disability related upgrades
are limited to the incremental square footage necessary to accommodate disability access and
shall be subject to the Director’s approval not to exceed 500 square feet per site. Disability
related upgrades shall only apply to remodels of existing buildings; and shall not qualify for
grandfathered floor area in the event the building is later replaced or otherwise redeveloped;
and
c. Areas designed and required for refuse storage, such as trash, recycling, and compost,
when it is the minimum amount needed to comply with current code requirements. The
provisions of this subsection (a)(65)(B)(iv) are not intended to and do not allow the removal of a
previously approved existing interior refuse storage area.
19. Expand Exceptions for Historic Homes Related to Floor Area and HIE’s
Issue: The existing code allows for certain exceptions to residences designated on the city’s
Historic Inventory as a Category 1 or 2 historic resource. The Historic Resources Board (HRB)
and staff recommend the two exceptions highlighted below regarding basements and Home
Improvement Exceptions (HIE) be extended to residences designated as Category 3 and 4
resources. And, in the case regarding basement floor area exceptions, to also include homes
listed on the National Register of Historic Places or California Register of Historical Resources.
The inclusion of these other historic designated properties for exceptions further supports
retention and preservation of these valued resources in the City.
A. Expand basement exceptions for historic homes in the Gross Floor Area definition.
Proposed Text:
18.04.030(a)(65)(D) Low Density Residential Exclusions: In the RE and R-1 single-family residence
districts and in the R-2 and RMD two-family residence districts, “gross floor area” shall not include
the following:
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(vii) For residences designated on the city’s Historic Inventory as a Category 1 through 4
or Category 2 historic structure as defined in Section 16.49.020, of this or any contributing
structure within a locally designated historic district, or if individually listed on the National
Register of Historic Places or California Register of Historical Resources, the following gross floor
area exclusions apply.
a. New or existing basement area, including where the existing finished level of the first
floor is three feet or more above grade around the perimeter of the building foundation walls; and
b. Up to 500 square feet of unusable attic space in excess of five feet in height from the
floor to the roof above.
B. Correct references in 18.12.040(b) Table 3, Summary of Gross Floor Area For Single Family
Residential Districts, to reflect definition changes noted above. See attached ordinance for
details.
C. Update basement regulations for R-1, RE, R-2, and RMD (Sections 18.10 and 18.12) to reflect
changes in definition noted above.
Proposed Text:
18.10.090/18.12.090 Basements
(b) Inclusion as Gross Floor Area
Basements shall not be included in the calculation of gross floor area, provided that:
(1) basement area is not deemed to be habitable space, such as crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the first floor is no
more than three feet above the grade around the perimeter of the building foundation.; or
(3) basement area is associated with a historic property as described in Section
18.04.030(b)(65)(D)(vii).
D. Expand the applicability of HIE provisions related to Historic Homes.
18.12.120(c) Limits of the Home Improvement Exception
A home improvement exception may be granted only for one or more of the following, not to
exceed the specified limits:
(10) For any residence designated on the city's Historic Inventory as a Category 1 through 4 or
Category 2 historic structure as defined in Section 16.49.020 of the Palo Alto Municipal Code or
any contributing structure within a locally designated historic district, to allow up to 250 square
feet of floor area in excess of that allowed on the site, provided that any requested addition or
exterior modifications associated with the HIE shall be in substantial conformance with the
Secretary of the Interior's Standards for Historic Rehabilitation. The property owner who is
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granted a home improvement exception under this subsection (10) shall be required to sign and
record a covenant against the property, acceptable to the city attorney, which requires that the
property be maintained in accordance with the Secretary of the Interior's Standards for Historic
Rehabilitation.
20. Clarify Setbacks for Outdoor Fireplaces and BBQs
Issue: There has been a noticeable rise in the popularity of outdoor fireplaces and cooking
surfaces in residential properties. The key concern that staff considered with regards to siting
these features was fire safety. The Fire Department advised that there are no setback
requirements for single-family homes, but suggested a three to five foot clearance to provide
maneuverability in case of a fire was appropriate. Another concern considered by staff was the
potential nuisance from smoke and odors traveling to neighboring properties. As it stands today,
kitchens (i.e. open kitchen windows) can be as close as six feet from a property line and chimneys
four feet away, which provides some context for smoke and odor producing activities relatively
close to property lines.
When an outdoor fireplace or kitchen has been proposed in the interior yard, staff has applied
the R-1 development standards of an attached fireplace to these detached accessory structures
and uses. The R-1 code allows a fireplace/chimney, when attached to the home, to encroach into
a side setback up to two feet, maintaining a four foot minimum setback. Based on the
interpretation of this R-1 standard, outdoor fire pits, fireplaces, and cooking surfaces/BBQs have
been required to maintain a four foot setback from both the interior side and rear property lines;
they are not permitted in the front yard or street side yard. All other requirements that apply to
accessory structures would apply and remain unchanged. The intent with the revision is to codify
this code interpretation and practice.
Proposed Text:
18.10.080(b)(3)/18.12.080 (b)(3) Location and Development Standards [RE, R-2, RMD, R-1]
(b) Location and Development Standards
(3) An accessory building shall not be located in a required interior side or rear yard unless the
building is at least seventy-five feet from any property line adjacent to a street, measured along
the respective lot line. Provided, on corner lots, accessory buildings including detached garages
and carports may be located in the rear yard if located at least 75 feet from the front street and at
least 20 feet from the side street property lines.
(A) Fixed outdoor fire pits, fireplaces, and cooking surfaces shall be set back a minimum of
four feet from the interior side and rear property line.
18.40.050 (b) Limitations of Uses for Accessory Buildings [General Standards and Exceptions]
In residential zones, accessory buildings may be located in a required interior yard subject to
the following limitations:
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(3) An accessory building shall not be located in a required interior side or rear yard unless
the building is at least seventy-five feet from any street line, measured along the respective lot
line.
(A) Fixed outdoor fire pits, fireplaces, and cooking surfaces shall be set back a minimum of
four feet from the interior side and rear property line.
21. Establish an Over the Counter Architectural Review Process
Issue: Architectural review (AR) is required prior to the issuance any permit on private property
except for single family homes and two-family residences.2 The Municipal Code identifies two
types of AR projects: Major or Minor. All Major projects go to the Architectural Review Board
for review and recommendation. Some Minor projects go to the Board, but most are
administratively approved by City staff. Minor projects range from new buildings or additions
fewer than 5,000 square feet to fences, landscaping, signs, and other minor building changes.
Any decision on a Minor AR requires a written determination and a 14-day appeal period.3 Such
requirements are not practical for trades professionals seeking to obtain an over the counter
permit from the building department for minor and routine work. Moreover, these
requirements may discourage property owners and trades professionals from seeking the
permits needed for building, mechanical or electrical work due to the extended application
processing time and costs. From a public health and general welfare perspective, staff would
rather encourage individuals to obtain required permits and streamline or exempt certain work
from the Minor AR requirement.
To advance this objective, staff proposes introducing a new category of exempt projects from
AR review. The planning director, or designee, would have the authority to determine a project
exempt if it is it would not have a significant or material effect to the building or environment
(natural and built) and was consistent in scope with a list of representative projects that the
director would maintain and update from time to time. An initial draft document is provided in
Attachment B, and includes items such as in kind window and door replacement, mechanical
screening, refuse enclosures and small business signs. A final list will be provided to the City
Council and maintained by the director.
Importantly, this process gives the director the authority to make any of the exempt projects
subject to a Minor or Major review process. Projects that are determined exempt would not be
subject to further administrative processing including formal determination letters or appeal
opportunities.
Proposed Text:
2 Architectural review may be required for these structures under certain circumstances in the Neighborhood
Preservation Combining District or when three or more single family residences are proposed at one time.
3 Amendments to the 14 day appeal period and the requirements for publication of the Minor AR decisions are
also proposed for modification in this ordinance and are addressed in the following sections.
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18.76.020 Architectural Review
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor
project, as set forth in this section, unless an application for architectural review is reviewed,
acted upon, and approved or approved with conditions as set forth in Section 18.77.070.
(1) Exempt Projects. The following projects do not require architectural review: Single-family
and two-family residences do not require architectural review, except as provided under
subsections (2)(C) and (2)(D).
(A) Single-family and two-family residences, except as provided under subsections
(2)(C) and (2)(D).
(B) Projects determined by the Director to be substantially minor in nature and have
inconsequential visual impacts to the adjacent properties and public streets.
These exempt projects are referred to as “over the counter projects”. The director
shall have the authority to promulgate a list of such exempt projects under this
subsection.
(3) Minor Projects. The following are "minor projects" for the purposes of the architectural
review process set forth in Section 18.77.070, except when determined to be major pursuant
to subsection (2)(I) or exempt pursuant to subsection (1)(B):
18.77.077 Over the Counter Project Review Process
The director of planning and community environment shall be authorized to adopt guidelines,
rules, and procedures to implement the over the counter project review process for projects
exempt from architectural review under Section 18.76.020(b)(1)(B) of this Title.
22. Various Updates to Application Processing and Approvals
Issues: Chapter 18.77, Processing of Permits and Approvals, has numerous sections affected by
the following proposed modifications. The issues have been identified below, but the proposed
text revisions are included in attached draft ordinance. Please refer to Attachment A for details.
A. Reduce Request for Hearing Timeline to Seven Days & Limit Hearing Request to Adjacent
Property Owners and Tenants (Minor Architectural Review)
Minor AR projects, reviewed by staff, are subject to a 14-day period in which anyone may
request a hearing before the ARB. Staff recommends reducing this waiting period to seven
days. The staff-level reviews are rarely called up for public hearings. Based on the last six
years, an average of 130+ minor AR applications were processed each year; and in the last
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three years, only two requests for hearing were filed.4 The two-week waiting period
unnecessarily slows down work for relatively routine and minor projects. Moreover, staff
proposes limiting the opportunity to request a hearing before the ARB to the applicant,
property owner and any adjacent owner, or tenant on the subject or adjacent property. The
impact of Minor AR projects is typically negligible and if experienced at all, it is likely
affecting adjacent property owners or tenants. This modification affects code Section
18.77.070(b)(3) and (b)(4).
B. Remove Requirements for Publishing and E-mailing Director’s Decisions
In several sections of Chapter 18.77 of Title 18, the code specifies that the notice of the
director’s decision is to be given by mail to owners and residents of property within 600 feet
of the property, by publication, and by e-mail, and by posting in a public place. This
notification requirement applies to the majority of entitlements that we have and include
conditional use permits, variances, and board-level architectural review. Staff recommends
removing the requirement for publication (i.e. newspaper notice) and/or e-mail of director’s
decisions from the relevant code sections. In practice, the director’s decision for any
entitlement is not published in the newspaper, and there is no associated standard e-mail
practice that staff completes. Removing these references codifies existing practice. If we
were to fully implement these existing requirements for additional notices, the newspaper
publication specifically would increase the cost for the applicant and delay the approval
process by an additional week, at minimum. The current notification process of mailing the
decision letter to the applicant, sending notice cards to the 600 foot radius when applicable,
and posting decisions on the City’s website has served as an effective process to keep
citizens informed. Notices to individuals who request them will continue to be sent. This
modification would affect the following code sections: 18.77.060(c)(2) & (d)(2) & (e)(2);
18.77.070(b)(2) & (d)(2); 18.77.110(c)(2).
Additional clean-up language is needed to strike references to publish as it relates to the
above section. This modification would affect the following code sections: 18.77.060(c)(3) &
(d)(3); 18.77.070(b)(3) & (d)(3).
C. Miscellaneous
In addition to the issues mentioned above, staff has taken the opportunity to clarify some
additional outdated references in this same Chapter 18.77, as noted below:
a. Replace outdated language regarding application completeness in section 18.77.060(b)
with the current language from 18.77.030.
b. Include in the description of Notice of Posting in a Public Place (18.77.080(f)) that it may
include posting on the City’s website. This addition is taking into account the prevalent
and commonplace use of the internet to access public information.
4 These two projects were related to applications to install solar panels on city parking garages on Cambridge
Avenue.
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23. Clarifications to the Wireless Communication Facilities Review Process
Issue: Section 18.42.110, Wireless Communication Facilities, requires that the Director, or
Council on appeal, make specified findings prior to issuing a wireless communications facility
permit, including, in some cases, Architectural Review and Conditional Use Permit findings. In
many cases, staff may wish to seek input from the ARB or PTC prior to issuing a Director’s
decision. Unfortunately, the current code is, at best, silent on whether wireless permit
applications may be referred to the ARB or PTC for recommendation; at worst, it suggests that
the ARB and PTC would consider a wireless permit only pursuant to an appeal after the
Director has issued a tentative decision. In addition, because the code addresses appeals by
simply referencing the processes for architectural review and conditional use permits, it is
unclear whether appeals may be heard directly by the Council or must first be heard by the
ARB, PTC, or both. Because federal regulations set presumptively reasonable “shot clock”
timelines for processing wireless permits (including appeals), it is essential that the City’s
wireless code spell out clear and efficient procedures for decision and appeal.
The proposed changes clarify that the Director may refer wireless permit applications to the
ARB or PTC for recommendation, and that appeals are heard directly by the City Council. This
clarification more closely reflects staff’s current practice of seeking ARB input prior to issuing a
Director’s decision on certain applications, eliminates the potential for duplicative hearings,
and provides a more efficient process consistent with the federal “shot clock” timelines
applicable to wireless permit applications.
Proposed Text:
18.42.110 Wireless Communication Facilities.
(f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's decision shall
be final and shall not be appealable pursuant to the procedures set forth in Chapters
18.77 or 18.78;
(g) Tier 2 WCF Permit Process and Findings
(1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her sole
discretion, refer an application to the Architectural Review Board. The Director's decision
shall be appealable directly to the City Council. An appeal may be set for hearing before
the City Council or may be placed on the Council’s consent calendar, pursuant to the
process for appeal of architectural review set forth in Section 18.77.070(f).
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her sole
discretion, refer an application to the Architectural Review Board and/or Planning
and Transportation Commission. The Director's decision shall be appealable directly
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to the City Council. An appeal may be set for hearing before the City Council or may
be placed on the Council’s consent calendar, pursuant to the process for appeal of
architectural review set forth in Section 18.77.070(f) and the process for conditional
use permits set forth in Section 18.77.060.
(k) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for
more than ninety (90) days shall be removed by the applicant, wireless communications
service provider, or property owner within ninety (90) days of the cessation of use of that
WCF. A new conditional use WCF permit shall not be issued to an owner or operator of a
WCF or a wireless communications service provider until the abandoned WCF or its
component is removed.
(l) Revocation
The Director may revoke any WCF Permit if the permit holder fails to comply with any
condition of the permit. The Director's decision to revoke a Permit shall be appealable
pursuant to the process applicable to issuance of the Permit, as provided in subdivisions
(f), (g), and (h) of this section. for architectural review set forth in Section 18.77.070 and
the process for conditional use permits set forth in Section 18.77.060.
24. Modify Accessory Dwelling Unit Requirements Per State Regulations
Earlier this year, the City adopted comprehensive regulations related to Accessory Dwelling
Units (ADU) to conform to state law that became effective on January 1, 2017. Subsequently,
the state Legislature passed two additional bills AB 494 and SB 229, signed by the Governor in
September 2017, clarifying the previously adopted ADU legislation. The City’s existing
ordinance only requires minor modifications to remain consistent with state law. The proposed
amendments include those conforming changes as well as other clarifications.
Cities still retain the ability to designate those areas where new ADUs are permitted. The City’s
existing regulations allow ADUs to be constructed in districts where single-family residential is
an allowed use on parcels with an existing single-family dwelling. State law has been revised to
clarify that an ADU may be constructed on sites with either an existing or proposed single-
family dwelling. This revision is consistent with the City’s implementation of the ADU
ordinance, and the proposed ordinance would make conforming changes to reference
proposed single-family homes. The proposed ordinance would also add to the list of zoning
districts where ADUs are allowed (R-1, R-2, RE, RMD and OS districts) those sites that are zoned
Planned Community where single-family dwelling is an allowed use. The PC zoned sites would
require a minimum lot size of 5,000 square feet like the conventional zoning districts (other
than the OS district) where ADUs are allowed.
With respect to ADUs established through conversions of space within an existing single-family
home (i.e., garage) or an existing accessory structure, the new state legislation requires that
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such conversions be allowed in any zoning district where single-family residential is an allowed
use (i.e., multi-family zoning districts permitting single-family dwellings). The state law
previously required only that such conversions be allowed in single-family residence districts,
and the existing ordinance accordingly applied these provisions to the R-1 district, all R-1
subdistricts, and the RE district only. The proposed amendment would also apply the
conversion provisions to the R-2, RMD, RM, and OS and PC districts where single-family
residential is an allowed use.
The proposed ordinance revisions are in Section 12 of Attachment A.
25. Update Residential Density Bonus Per State Requirements
On January 1, 2017, several amendments to the State Density Bonus Law took effect. The
proposed amendments to the City’s Density Bonus Ordinance are intended to conform to the
current state law.
AB 2501 made a number of changes to facilitate applicants’ use of Density Bonus Law and
clarify provisions of the law. Among them:
Local governments may not require applicants to prepare an additional report or study
to qualify for a density bonus, but may require provision of reasonable documentation
to establish eligibility for the requested density bonus.
Local governments may no longer reject incentives and concessions on the grounds they
are not “required in order to provide for affordable housing costs”. The requested
incentive or concession may only be denied if it “does not result in identifiable and
actual cost reductions.” The agency as the burden of proof for denying an incentive or
concession.
An applicant that qualifies for a density bonus can choose to accept a lower density
bonus or none at all, while remaining eligible for incentives and concessions.
Certain mixed use projects may qualify for a density bonus.
Amendments are proposed to PAMC Sections 18.15.020(h), 18.15.080 and 18.15.090, as shown
in Attachment A, to implement these changes.
AB 2442 added that a 20% density bonus shall be granted to any project that reserves at least
10% of its housing units for disabled veterans, foster youth, or homeless persons. These units
must be offered to the selected group at the same affordability levels of very-low income units.
The proposed ordinance would amend PAMC Section 18.15.030(a) to add this type of housing
to the list of projects eligible for a density bonus, and require an affordability restriction of 55
years to be recorded for these very-low income units.
The Density Bonus Law requires that developers interested in demolishing an existing housing
development (or constructing on a site where housing was demolished in the prior 5 years)
ensure the new housing project that enjoys a density bonus includes at least as many
City of Palo Alto
Planning & Community Environment Department Page 23
affordable units as were demolished. This ensures there is no loss to the affordable housing
stock overall. State law requires that any new affordable units constructed are the “equivalent
size” of the units being replaced, which, the law states, means that the replacement units
contain at least the same total number of bedrooms as the units being replaced. This
requirement is narrower than the current requirements of PAMC Section 18.15.020(s)(i)-(ii),
which allow for new units of equivalent size or type or both. The proposed ordinance would
amend that section to mirror state law’s narrower definition of replacement.
26. Remove Bicycle License Requirement
Issue: The current code Section 10.64.010, bicycle license required, requires all residents to
obtain a license to operate a bike of certain size within the City. The license requirement has
not been enforced in the City and is considered a barrier to encouraging the use of bikes as an
alternative mode of transportation. In support of City goals to encourage and support bike use,
staff recommends the removal of the bike license requirement. In lieu of a City license, staff will
encourage cyclist to register bikes online through a state or regional program to prevent theft.
Proposed Text: Delete section 10.64.010, which requires bicycle licenses and strike all
references thereto in the chapter. See draft ordinance for details, Attachment A.
27. Individual Review and Demolition of Historic Inventory Properties
Issue: Individual Review (IR) is an application process to review two story homes in the R1
district in compliance with the IR Guidelines. The City receives about 100 IR applications a year.
Due to the discretionary nature of these applications, some properties require a historic
evaluation if the existing structure is listed on the City’s historic inventory. If a property is on
the inventory and confirmed to be a historic resource, project modifications or an expanded
environmental analysis may be required.
In some instances, an owner may seek to replace an existing residence with a single story
home. This type of project is not subject to discretionary or environmental review. Staff has
observed in rare instances, after the existing structure has been demolished, that an owner, or
perhaps new owner, seeks a project modification that includes a second story and is now
subject to discretionary review. However, with the existing structure removed, any opportunity
to review a potentially historic resource is lost, which may affect neighborhood character and
potentially the community’s historic fabric.
While rare, the above scenario illustrates a concern staff has with the code. And, while it may
not be construed by some as a loophole, the current code does not create any disincentive to
discourage this activity that effectively circumvents the historic evaluation process and could
have a significant effect on the local and community-wide environment. Accordingly, staff
recommends that a stay in application processing be established that would prevent the
issuance of a second story addition on those properties that previously received approval to
demolish an existing structure. This provision would only apply to properties that had
City of Palo Alto
Planning & Community Environment Department Page 24
structures listed on the city’s inventory or listed as National Register Eligible, which are defined
terms in state and local laws. Another exemption allows for the removal of dangerous or
unsafe buildings. The draft ordinance includes a five year stay on future IR applications, but
the Commission may want to discuss whether that is the appropriate timeframe.
Proposed Text:
18.12.110 Single Family Individual Review
(i) If a structure listed on the City’s Historic Inventory or by the State of California as National
Register Eligible was demolished on a site in conjunction with the issuance of an approval
for a building permit, no application for Individual Review for the same property shall be
filed within five (5) years from and after the date of issuance of the demolition permit,
unless the structure was demolished pursuant to a determination by the Building Official
under Section 16.40.040 of Title 16 of this Code that the structure was a dangerous building
that cannot be repaired or rehabilitated.
Environmental Review
The proposed code amendments have been assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendments have been determined to be exempt from further environmental review per
CEQA Guideline section 15061(b)(3) (Review for Exemption) because the activity is covered by
the general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment, and it can be seen with certainty that there is no
possibility that the activity in question may have a significantly effect on the environment.
Additionally, all future development that may be impacted by any of the proposed code
changes will be subject to a project specific CEQA analysis as part of the required planning
entitlement review (e.g. Architectural Review, Site and Design, Subdivision, etc.) to determine if
there are any environmental impacts.
Public Notification, Outreach & Comments
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper
at least ten day in advance. Notice of a public hearing for this project was published in the Palo
Alto Weekly on November 17, 2017.
Included as Attachment C of the report is a comment letter received regarding ADU ownership
requirements. Staff will be prepared to discuss as needed at the meeting.
Next Steps
Upon recommendation from the PTC, staff will forward the staff recommended ordinance with
agreed upon changes to City Council for review. In instances where a majority of the PTC has a
different recommendation from staff, that viewpoint will be represented in the staff report
City of Palo Alto
Planning & Community Environment Department Page 25
along with implementing language for the Council’s consideration. Only one ordinance,
however, will be presented to the Council, which is anticipated to occur in early 2018.
Alternative Actions
In addition to the recommended action, the Planning and Transportation Commission may:
1. Recommend adoption of the draft ordinance to the City Council with modifications.
2. Continue the discussion to a future PTC hearing with the expectation that a
recommendation to the City Council would be forwarded that time.
Report Author & Contact Information PTC5 Liaison & Contact Information
Clare Campbell, AICP, Senior Planner Jonathan Lait, AICP, Assistant Director
(650) 617-3191 (650) 329-2679
clare.campbell@cityofpaloalto.org
jonathan.lait@cityofpaloalto.org
Attachments:
Attachment A: Draft Ordinance (PDF)
Attachment B: Draft Over the Counter Architectural Review Guidelines (DOCX)
Attachment C: Lundy Comment Letter Regarding ADUs (PDF)
5 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org
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171011 jb SL/Amending Planning Codes 1 November 2017
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC)
Chapter 2.20 (Planning and Transportation Commission) of Title 2, Chapter 9.10 (Noise) of Title
9, Chapter 10.64 (Bicycles, Roller Skates and Coasters) of Title 10, and Chapters 18.04
(Definitions), 18.10 (Low-Density Residential (RE, R-2 and RMD)), 18.12 (R-1 Single-Family
Residential District), 18.15 (Residential Density Bonus), 18.16 (Neighborhood, Community, and
Service Commercial (CN, CC and CS) Districts), 18.28 (Special Purpose (PF, OS and AC) Districts),
18.30(G) (Combining Districts), 18.40 (General Standards and Exceptions), 18.42 (Standards for
Special Uses), 18.52 (Parking and Loading Requirements), 18.54 (Parking Facility Design
Standards), 18.76 (Permits and Approvals), 18.77 (Processing of Permits and Approvals), and
18.80 (Amendments to Zoning Map And Zoning Regulations) of Title 18, and Chapters 21.12
(Tentative Maps and Preliminary Parcel Maps), and 21.32 (Conditional Exceptions) of Title 21
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Section 2.20.030 (Officers) of Chapter 2.20 (Planning and Transportation
Commission) of Title 2 (Administrative Code) is amended as follows:
2.20.030 Officers
The commission Commission shall elect its officers annually at the first meeting in
Novembera chairperson and a vice chairperson from its membership who shall serve in such
capacity for terms of one year each, or until a successor is elected.
SECTION 2. Section 9.10.060 (Special provisions) of Chapter 9.10 (Noise) of Title 9 (Public
Peace, Morals and Safety) of the Palo Alto Municipal Code (PAMC) is amended as follows:
9.10.060 Special provisions
The special exceptions listed in this section shall apply, notwithstanding the provisions
of Section 9.10.030 through 9.10.050.
. . .
(f) Leaf Blowers.
. . .
(2) No person shall operate any leaf blowers within a residential zone except during
the following hours: nine a.m. and five p.m. Monday through Friday and ten a.m.
and four p.m. Saturday. No person shall operate any leaf blower within any non-
residential zone except during the following hours: eight a.m. and six p.m.
Monday through Friday, and ten a.m. to four p.m. Saturday. No person shall
operate any leaf blowers on Sundays and holidays. No person shall operate any
leaf blower powered by an internal combustion engine within any residential or
commercial zone after July 1, 2005. Commercial operators of leaf blowers are
prohibited from operating any leaf blower within the city if they do not
prominently display a certificate approved by the Chief of Police verifying that
the operator has been trained to operate leaf blowers according to standards
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171011 jb SL/Amending Planning Codes 2 November 2017
adopted by the Chief of Police. In addition to all authorizations and restrictions
otherwise provided in this chapter, public streets, sidewalks, and parking lots in
business districts and at the Municipal Golf Course and all city parks may be
cleaned between 4:00 a.m. and 8:00 a.m. using leaf blowers which bear an
affixed manufacturer's label indicating the model number of the leaf blower and
designating a noise level not in excess of sixty-five dBA when measured from a
distance of fifty feet utilizing American National Standard Institute methodology.
(3) The use of leaf blowers powered by an internal combustion engine shall be
allowed when used on property owned or operated by the City or the Palo Alto
Unified School District between nine a.m. and five p.m. Monday through Friday
and ten a.m. and four p.m. Saturday for routine maintenance operations, and at
any time for emergency operations.
. . .
SECTION 3. Sections 10.64.010 (Bicycle license required), 10.64.060 (License fees), and
10.64.070 (Safe mechanical condition prerequisite to issuance of license) of Chapter 10.64
(Bicycles, Roller Skates and Coasters) of Title 10 (Vehicles and Traffic) of the PAMC are deleted
in their entirety.
10.64.010 Bicycle license required
No resident of the city shall operate any bicycle (defined as any device which a person
may ride, which is propelled by human power through a system of belts, chains, or gears and
which has wheels at least twenty inches in diameter and a frame size of at least fourteen
inches) on any street, road, highway, or other public property within the city, unless such
bicycle is licensed in accordance with Division 16.7, Sections 39000 through 39011 of the
California Vehicle Code. Any person who violates the provisions of this section may be cited
pursuant to Vehicle Code Section 39002(a).10.64.060 License fees
The license fee to be paid for each bicycle licensed pursuant to Section 10.64.010 shall
be paid in advance. A fee shall be paid for application for transfer of license pursuant to Section
39008 of the California Vehicle Code. Said fees shall be as set forth in the municipal fee
schedule.
10.64.070 Safe mechanical condition prerequisite to issuance of license
Any person applying for a bicycle license pursuant to the provisions of this chapter
must demonstrate to the chief of police or his designated representative that the bicycle for
which the applicant desires to secure license plates meets the requirements of this chapter and
the California Vehicle Code as to safe mechanical condition.
SECTION 4. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of
the PAMC is amended as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
. . .
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171011 jb SL/Amending Planning Codes 3 November 2017
(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 or
more motor vehicles, which is completely open (unenclosed) on two or more sides
including on the vehicular entry side, and which is covered with a solid roof.
. . .
(41.5) “Director” means the director of planning and community environment
or his or her designee.
(59) “Garage, private” 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 or more
motor vehicles and which is completely enclosed on three two or more sides and covered with
a solid roof.
. . .
(65) "Gross floor area" is defined as follows:
. . .
(B) Non-residential & Multifamily Exclusions: For all zoning districts other
than the R-E, R-1, R-2 and RMD residence districts, "gross floor area"
shall not include the following:
. . .
(iv) Except in the CD District and in areas designated as special
study areas, For existing structures, 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.
Any additional floor area approved shall not qualify for grandfathered
floor area in the event the building is later replaced or redeveloped.
Such allowable additions may include, but not be limited to, the
following:
a. Areas designed for resource conservation, such as
trash compactors, recycling, and other energy facilities meeting
the criteria outlined in Section 18.42.120 (Resource
Conservation Energy Facilities); and
b. Areas designed and required for hazardous materials
storage facilities, disability related access or seismic upgrades.
For the purposes of this section disability related upgrades are
limited to the incremental square footage necessary to
accommodate disability access and shall be subject to the
Director’s approval not to exceed 500 square feet per site.
Disability related upgrades shall only apply to remodels of
existing buildings and shall not qualify for grandfathered floor
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171011 jb SL/Amending Planning Codes 4 November 2017
area in the event the building is later replaced or otherwise
redeveloped.; and
c. Areas designed and required for refuse storage, such
as trash, recycling, and compost, when it is the minimum
amount needed to comply with current code requirements. The
provisions of this subsection (a)(65)(B)(iv) are not intended to
and do not allow the removal of a previously approved existing
interior refuse storage area.
. . .
(D) Low Density Residential Exclusions: In the RE and R-1 single-family
residence districts and in the R-2 and RMD two-family residence
districts, "gross floor area" shall not include the following:
. . .
(vii) For residences designated on the city’s Historic Inventory as
a Category 1 through 4or Category 2 historic structure as defined in
Section 16.49.020 of this or any contributing structure within a locally
designated historic district, or if individually listed on the National
Register of Historic Places or California Register of Historical Resources,
the following gross floor area exclusions apply.
. . .
SECTION 5. Sections 18.10.080 (Accessory Uses and Facilities) and 18.10.090 (Basements) of
Chapter 18.10 (Low Density Residential RE, R-2 and RMD Districts) of Title 18 (Zoning) of the
PAMC are amended as follows:
18.10.080 Accessory Uses and Facilities
. . .
(b) Location and Development Standards
. . .
(3) An accessory building shall not be located in a required interior side or rear yard
unless the building is at least seventy-five feet from any property line adjacent to
a street, measured along the respective lot line. Provided, on corner lots,
accessory buildings including detached garages and carports may be located in
the rear yard if located at least 75 feet from the front street and at least 20 feet
from the side street property lines.
(A) Fixed outdoor fire pits, fireplaces, and cooking surfaces shall be set back a
minimum of four feet from the interior side and rear property line.
18.10.090 Basements
. . .
(b) Inclusion of Gross Floor Area
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171011 jb SL/Amending Planning Codes 5 November 2017
Basements shall not be included in the calculation of gross floor area, provided that:
(1) basement area is not deemed to be habitable space, such as crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the first
floor is no more than three feet above the grade around the perimeter of the
building foundation. Grade is measured at the lowest point of adjacent ground
elevation prior to grading or fill, or finished grade, whichever is lower; or
(3) basement area is associated with a historic property as described in Section
18.04.030(a)(65)(D)(vii).
. . .
SECTION 6. Sections 18.12.040 (Development Standards), 18.12.080 (Accessory Uses and
Facilities), 18.12.090 (Basements), 18.12.110 (Single Family Individual Review), and 18.12.120
(Home Improvement Exception) of Chapter 18.12 (R-1 Single- Family Residential District) of
Title 18 (Zoning) of the PAMC are amended as follows:
18.12.040 Site Development Standards
. . .
(b) Gross Floor Area Summary
. . .
TABLE 3 SUMMARY OF GROSS FLOOR AREA FOR SINGLE FAMILY RESIDENTIAL DISTRICTS
Description Included in GFA Excluded from GFA
Accessory structures greater than 120 sq. ft.
Second floor equivalent: areas with heights >17' counted twice)
Third floor equivalent: areas with heights > 26' (counted three
Third floor equivalent, where roof pitch is > 4:12 up to 200 sq. ft.
of unusable space
Garages and carports
Porte cocheres
Entry feature < 12' in height, if not substantially enclosed and not recessed (counted once)
Vaulted entry > 12' in height (footprint
counted twice)
Fireplace footprint (counted once)
First floor roofed or unenclosed porches
First floor recessed porches <10' in depth and open on exterior side
Second floor roofed or enclosed porches, arcades, balconies, porticos, breeze-
ways
Basements (complying with patio & lightwell requirements described in Section
18.12.090)
Areas on floors above the first floor where the height from the floor level to
the underside of the rafter or finished roof surface is 5 or greater
Bay windows (if at least 18" above interior floor, does not project more than 2',
and more than 50% is covered by windows)
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171011 jb SL/Amending Planning Codes 6 November 2017
Basement area for Category 1 & 2-4 Historic Homes or contributing structure
within a historic district, and individually listed homes on the National Register of
Historic Places or California Register of Historic Resources (even if greater than 3'
above grade)
Unusable attic space for category 1 & 2-4 Historic Homes or contributing structure
within a historic district, and individually listed homes on the National Register of
Historic Places or California Register of Historical Resources
(up to 500 sq. ft.)
. . .
(f) Contextual Garage and Carport Placement
If the predominant neighborhood pattern is of garages or carports located within the
rear half of the site, or with no garage or carport present, attached garages/carports
shall be located in the rear half of the house footprint. Otherwise, an attached
garage/carport may be located in the front half of the house footprint. "Predominant
neighborhood pattern" means the existing garage/carport placement pattern for
more than half of the houses on the same side of the block, including the subject site.
This calculation shall exclude flag lots, corner lots and existing multifamily
developments of three or more units. For blocks longer than 600 feet, the calculations
shall be based on the 10 homes located nearest to and on the same side of the block
as the subject property, plus the subject site, but for a distance no greater than 600
feet. Detached garages/carports shall be located in the rear half of the site and, if
within a rear or side setback, at least 75 feet from the front property line. Detached
garages/carports on lots of less than 95 feet in depth, however, may be placed in a
required interior side or rear yard if located in the rear half of the lot. Access shall be
provided from a rear alley if the existing development pattern provides for alley
access. For the calculation of corner lots, the "predominant pattern" shall be
established for the street where the new garage/carports fronts.
. . .
18.12.080 Accessory Uses and Facilities
. . .
(b) Location and Development Standards
. . .
(3) An accessory building shall not be located in a required interior side or rear yard
unless the building is at least seventy-five feet from any property line adjacent to
a street, measured along the respective lot line. Provided, on corner lots,
accessory buildings including detached garages and carports may be located in
the rear yard if located at least 75 feet from the front street and at least 20 feet
from the side street property lines.
(A) Fixed outdoor fire pits, fireplaces, and cooking surfaces shall be set back a
minimum of four feet from the interior side and rear property line.
. . .
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171011 jb SL/Amending Planning Codes 7 November 2017
18.12.090 Basements
. . .
(b) Inclusion of Gross Floor Area
Basements shall not be included in the calculation of gross floor area, provided that:
(1) basement area is not deemed to be habitable space, such as crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the first
floor is no more than three feet above the grade around the perimeter of the
building foundation. Grade is measured at the lowest point of adjacent ground
elevation prior to grading or fill, or finished grade, whichever is lower; or
3) basement area is associated with a historic property as described in Section
18.04.030(a)(65)(D)(vii).
. . .
18.12.110 Single Family Individual Review
. . .
(i) If a structure listed on the City’s Historic Inventory or by the State of California as
National Register Eligible was demolished on a site in conjunction with the issuance of an
approval for a building permit, no application for Individual Review for the same property shall
be filed within five (5) years from and after the date of issuance of the demolition permit,
unless the structure was demolished pursuant to a determination by the Building Official under
Section 16.40.040 of Title 16 of this Code that the structure was a dangerous building that
cannot be repaired or rehabilitated.
18.12.120 Home Improvement Exception
. . .
(c) Limits of the Home Improvement Exception
A home improvement exception may be granted only for one or more of the
following, not to exceed the specified limits:
. . .
(10) For any residence designated on the city's Historic Inventory as a Category 1 or
Category 2 through 4 historic structure as defined in Section 16.49.020 of the
Palo Alto Municipal Code or any contributing structure within a locally
designated historic district, to allow up to 250 square feet of floor area in excess
of that allowed on the site, provided that any requested addition or exterior
modifications associated with the HIE shall be in substantial conformance with
the Secretary of the Interior's Standards for Historic Rehabilitation. The property
owner who is granted a home improvement exception under this subsection
(10) shall be required to sign and record a covenant against the property,
acceptable to the city attorney, which requires that the property be maintained
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171011 jb SL/Amending Planning Codes 8 November 2017
in accordance with the Secretary of the Interior's Standards for Historic
Rehabilitation.
. . .
SECTION 7. Sections 18.15.020 (Definitions), 18.15.030 (Density Bonuses), 18.15.080
(Application Requirements), and 18.15.090 (Review Procedures) of Chapter 18.15 (Residential
Density Bonus) of Title 18 (Zoning) of the PAMC are amended as follows:
18.15.020 Definitions
Whenever the following terms are used in this Chapter, they shall have the meaning
established by this Section:
. . .
(h) “Density bonus” means a density increase over the maximum residential density
granted pursuant to Government Code Section 65915 and this ordinance., or, if elected by the
applicant, a lesser percentage of density increase, including, but not limited to, no increase in
density.
. . .
(s) “Replace” means either of the following:
(i) If any dwelling units described in Section 18.15.030(h) are occupied on
the date that the application is submitted to the City, the proposed
housing development shall provide at least the same number of units of
equivalent size or type, or both, to be made available at affordable rent
or affordable housing cost to, and occupied by, persons and families in
the same or lower income category as those households in occupancy.
For unoccupied dwelling units described in Section 18.15.030(h) in a
development with occupied units, the proposed housing development
shall provide units of equivalent size or type, or both, to be made
available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category in the
same proportion of affordability as the occupied units. All replacement
calculations resulting in fractional units shall be rounded up to the next
whole number. If the replacement units will be rental dwelling units,
theses units shall be subject to a recorded affordability restriction for at
least 55 years. For purposes of this subsection (s) of Section 18.15.020,
“equivalent size” means that the replacement units contain at least the
same total number of bedrooms as the units being replaced.
(ii) If all dwelling units described in Section 18.15.030(h) have been vacated
or demolished within the five-year period preceding the application, the
proposed housing development shall provide at least the same number
of units of equivalent size or type, or both, as existed at the highpoint of
those units in the five-year period preceding the application to be made
available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category as those
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171011 jb SL/Amending Planning Codes 9 November 2017
persons and families in occupancy at that time, if known. If the incomes
of the persons and families in occupancy at the highpoint is not known,
then one-half of the required units shall be made available at affordable
rent or affordable housing cost to, and occupied by, very low income
persons and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by, low-
income persons and families. All replacement calculations resulting in
fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall be
subject to a recorded affordability restriction for at least 55 years.
. . .
18.15.030 Density Bonuses
This Section describes the density bonuses that will be provided, at the request of an
applicant, when that applicant provides restricted affordable units as described below.
(a) The City shall grant a 20 percent (20%) density bonus when an applicant for a
development of five (5) or more dwelling units seeks and agrees to construct at least
any one of the following in accordance with the requirements of this Section and
Government Code Section 65915:
. . .
(iv) A qualifying mobile home park; or.
(v) At least ten percent (10%) of the total dwelling units of the development for
transitional foster youth, as defined in Section 66025.9 of the Education Code,
disabled veterans, as defined in Section 18541 of the Government Code, or
homeless persons, as defined in the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subsection shall be
subject to a recorded affordability restriction of 55 years and shall be provided at
the same affordability level as very low income units.
. . .
(c) No additional density bonus shall be authorized for a senior citizen development or
qualifying mobilehome park beyond the density bonus authorized by subsection (a)
of this Section.Reserved
. . .
(e) Each development is entitled to only one density bonus, which shall be selected by
the applicant based on the percentage of very low restricted affordable units, lower
income restricted affordable units, or moderate income restricted affordable units,
or the development’s status as a senior citizen housing development or qualifying
mobilehome park, or the development’s provision of restricted affordable units for
transitional foster youth, disabled veterans or homeless persons. Density bonuses
from more than one category may not be combined. In no case shall a development
be entitled to a density bonus of more than thirty-five percent (35%).
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171011 jb SL/Amending Planning Codes 10 November 2017
. . .
18.15.080 Application Requirements
An Application for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall be made as follows:
(a) An application for a density bonus, incentive, concession, waiver, modification or
revised parking standard shall be submitted with the first application for a
discretionary permit for a development and shall be processed concurrently with
those discretionary permits. The application shall be on a form prescribed by the
City and shall include the following information:
. . .
(iv) If a concession or incentive is requested, a brief explanation as to the actual
cost reduction achieved through the concession or incentive and how the
cost reduction allows the applicant to provide the restricted affordable units.
. . .
(viii) For concessions and incentives that are not included within the menu of
incentives/concessions set forth in subsection (c) of Section 18.15.050, the
application requires the submittal of the project proforma or other
comparable documentation (referred to herein as the “proforma
information”) to the Director, providing evidence that the requested
concessions and incentives result in identifiable, financially sufficient, and
actual cost reductions. The cost of reviewing the project proforma
information, including, but not limited to, the cost to the City of hiring a
consultant to review the financial data, shall be borne by the applicant. The
proforma information shall include all of the following items:
. . .
(B) Evidence that the cost reduction allows the applicant to provide
affordable rents or affordable sales prices; and
(BC) Other information requested by the Planning Director. The Planning
Director may require additional financial information including information
regarding capital costs, equity investment, debt service, projected revenues,
operating expenses, and such other information as is required to evaluate
the financial proforma information;
. . .
18.15.090 Review Procedures
. . .
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171011 jb SL/Amending Planning Codes 11 November 2017
(a) Before approving an application for a density bonus, incentive, concession, waiver,
modification or revised parking standard, the Approval Authority shall make the
following findings, as applicable:
. . .
(ii) Any requested concession or incentive will result in identifiable, financially
sufficient, and actual cost reductions based upon the financial analysis and
documentation provided. The City finds that the concessions and incentives
included in Section 18.150.050(c) will result in identifiable, financially
sufficient, and actual cost reductions.
. . .
SECTION 8. Section 18.16.050 (Office Use Restrictions) of Chapter 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC and CS) Districts) of Title 18 (Zoning) of the
PAMC is amended as follows:
18.16.050 Office Use Restrictions
The following restrictions shall apply to office uses:
(a) Conversion of Ground Floor Housing and Non-Office Commercial to Office
Medical, Professional, and Business offices shall not be located on the ground floor,
unless any of the following apply to such offices:
(1) Have been continuously in existence in that space since March 19, 2001, and as
of such date, were neither non-conforming nor in the process of being amortized
pursuant to Chapter 18.30(I);
(2) Occupy a space that was not occupied by housing, neighborhood business
service, retail services, personal services, eating and drinking services, or
automotive service on March 19, 2001 or thereafter;
(3) In the case of CS zoned properties with site frontage on El Camino Real, were not
occupied by housing on March 19, 2001;
(43) Occupy a space that was vacant on March 19, 2001;
. . .
SECTION 9. Section 18.28.070 (Additional OS District Regulations) of Chapter 18.28 Special
Purpose (PF, OS and AC) Districts of Title 18 (Zoning) of the PAMC is amended as follows:
18.28.070 Additional OS District Regulations
. . .
(b) Site and Design Approval
(2) Major Site and Design Review: For all other projects not reviewed as Minor
Site and Design Review, the project will be forwarded to the Planning and Transportation
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Commission for review and recommendation and then placed on the Council Consent agenda
for final action, as prescribed for staff actions outlined in Section 18.76.06018.77.060 (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:
. . .
SECTION 10. Section 18.30(G).060 (Action by Commission) of Chapter 18.30(G) (Site and
Design (D) Review Combining District Regulations) of Title 18 (Zoning) of the PAMC is amended
as follows:
18.30(G).060 Action by Commission
Unless the application for design approval is diverted for minor architectural review
under Section 18.76.020 (b)(3)(DE), the planning commission shall review the site plan and
drawings, and shall recommend approval or shall recommend such changes as it may deem
necessary to accomplish the following objectives:
. . .
SECTION 11. Section 18.40.050 (Location and Use of Accessory Buildings) of Chapter 18.40
(General Standards and Exceptions) of Title 18 (Zoning) of the PAMC is amended and a new
Section 18.40.190 (Application Withdrawal) is added to the same Chapter as follows:
18.40.050 Location and Use of Accessory Buildings
. . .
(b) Limitations of Uses for Accessory Buildings
In residential zones, accessory buildings may be located in a required interior yard
subject to the following limitations:
. . .
(3) An accessory building shall not be located in a required interior side or rear
yard unless the building is at least seventy-five feet from any street line,
measured along the respective lot line.
(A) Fixed outdoor fire pits, fireplaces, and cooking surfaces shall be set back a
minimum of four feet from the interior side and rear property line.
. . .
18.40.190 Application Withdrawal
(a) Applicant Withdrawal. The applicant may withdraw any rezoning, permit or other
application submitted pursuant to this Title at any time before action to approve,
conditionally approve or deny the application has been taken by the decisionmaking
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body, by providing written notification to the Director.
(b) Inactive Applications. Where there is inactivity on an application on the part of the
applicant for a period of at least six consecutive months, the Director shall have the
authority to deem an application withdrawn without holding any hearing. The
Director shall provide a courtesy notice to the applicant at the last known address of
the applicant on record with the Director of the Director’s intention to deem an
application withdrawn at least thirty days prior to deeming such application
withdrawn, and the notice shall specify the date that the application is deemed
withdrawn. For purposes of this section, “inactivity” on an application means that
the Director has requested from the applicant or has provided the applicant with
notice of additional information, materials and/or fees needed by the Director from
the applicant to continue to process the application and the applicant has failed to
adequately respond to that request or notice.
18.40.200 New Application Submittal Required
The Director shall have the authority to require the filing of a new application when a
pending application project description, proposed land uses, building design, or other aspects
of the project are substantially modified as to warrant a new review of the project to applicable
code sections. The filing of a new application shall be subject to new fees and shall render the
previous application withdrawn.
SECTION 12. Sections 18.42.040 (Accessory and Junior Accessory Dwelling Units), and
18.42.110 (Wireless Communication Facilities) of Chapter 18.42 (Standards for Special Uses of
Title 18 (Zoning) of the PAMC are amended as follows:
18.42.040 Accessory and Junior Accessory Dwelling Units
The following regulations apply to zoning districts where accessory dwelling units and
junior accessory dwelling units are permitted.
(a) Accessory Dwelling Units
(1) Purpose
The intent of this section is to provide regulations to accommodate accessory
dwelling units, in order to provide for variety to the city's housing stock and
additional affordable housing opportunities. Accessory Dwelling Units shall be
separate, self-contained living units, with separate entrances from the main
residence, whether attached or detached. The standards below are provided to
minimize the impacts of accessory dwelling units on nearby residents and
throughout the city, and to assure that the size and location of such dwellings is
compatible with the existing or proposed residence on the site and with other
structures in the area.
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(2) Minimum Lot Sizes
A. In the R-1 district and all R-1 subdistricts, RE district, R-2 district, and RMD
district, and properties zoned Planned Community (PC) where single-family
residential is an allowed use, the minimum lot size for the development of
an accessory dwelling unit is 5,000 square feet.
B. In the OS District, the minimum lot size for the development of an accessory
dwelling unit is 10 acres.
. . .
(3) Setbacks and Daylight Plane
A. Except as otherwise provided in this section, accessory dwelling units shall
comply with the underlying zoning district's setbacks, including daylight
plane requirements.
B. Notwithstanding section A. above, no setback shall be required for an
existing garage that is converted to an accessory dwelling unit, except as
provided in subsection (a)(5) below.
C. In districts permitting second story accessory dwelling units, a setback of no
more than five feet from the side and rear lot lines shall be required for an
accessory dwelling unit constructed above a garage.
. . .
(5) Conversion of Space in Existing Single Family Residence or Existing Accessory
Structure
Notwithstanding the provisions of subsections (a)(2), (a)(3), (a)(4), (a)(7) and (a)(8),
in the R-1 district and all R-1 subdistricts, and the RE district only, R2, RMD, RM and
OS districts, and properties zoned Planned Community (PC) where single-family
residential is an allowed use, an Accessory Dwelling Unit shall be permitted if the
unit is contained within the existing space of a single-family residence or an existing
accessory structure, has independent exterior access from the existing residence,
and the side and rear setbacks are sufficient for fire safety, and if the accessory
dwelling unit conforms with the following:
. . .
(7) Additional Development Standards for Attached Accessory Dwelling Units
A. Attached accessory dwelling units are those attached to the main
dwelling. All attached accessory dwelling units shall be subject to the
additional development requirements specified below.
B. Attached unit size counts toward the calculation of maximum house size.
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C. Unit Size: The maximum size of an attached accessory dwelling unit living
area shall not exceed 600 square feet and shall not exceed 50% of the
proposed or existing living area of the primary proposed existing dwelling
unit. The accessory dwelling unit and any covered parking provided for the
accessory dwelling unit shall be included in the total floor area for the site,
but the covered parking area is not included in the maximum 600 square
feet for attached unit. Any basement space used as an accessory dwelling
unit or portion thereof shall be counted as floor area for the purpose of
calculating the maximum size of the accessory unit.
18.42.110 Wireless Communication Facilities
. . .
(f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's
decision shall be final and shall not be appealable pursuant to the
procedures set forth in Chapters 18.77 or 18.78;
(2) The Director shall grant a Tier 1 WCF Permit provided that the Director finds
that the applicant proposes an eligible facilities request;
(3) The Director shall impose the following conditions on the grant of a Tier 1
WCF Permit:
(i) The proposed collocation or modification shall not defeat any existing
concealment elements of the support structure; and
(ii) The proposed WCF shall comply with the development standards in
Section 18.42.110(i)(3), (5), (6) and (7), and the conditions of approval in
Section 18.42.110(j).
(g) Tier 2 WCF Permit Process and Findings
(1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her
sole discretion, refer an application to the Architectural Review Board. The
Director's decision shall be appealable directly to the City Council. An appeal
may be set for hearing before the City Council or may be placed on the
Council’s consent calendar, pursuant to the process for appeal of
architectural review set forth in Section 18.77.070(f).
. . .
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her
sole discretion, refer an application to the Architectural Review Board and/or
Planning and Transportation Commission. The Director's decision shall be
appealable directly to the City Council. An appeal may be set for hearing
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before the City Council or may be placed on the Council’s consent calendar,
pursuant to the process for appeal of architectural review set forth in
Section 18.77.070(f) and the process for conditional use permits set forth in
Section 18.77.060.
. . .
(k) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use
for more than ninety (90) days shall be removed by the applicant, wireless
communications service provider, or property owner within ninety (90) days of the
cessation of use of that WCF. A new conditional useWCF permit shall not be issued
to an owner or operator of a WCF or a wireless communications service provider
until the abandoned WCF or its component is removed.
(l) Revocation
The Director may revoke any WCF Permit if the permit holder fails to comply with
any condition of the permit. The Director's decision to revoke a Permit shall be
appealable pursuant to the process applicable to issuance of the Permit, as provided
in subdivisions (f), (g), and (h) of this sectionfor architectural review set forth in
Section 18.77.070 and the process for conditional use permits set forth in
Section 18.77.060.
SECTION 13. Sections 18.52.030 (Basic Parking Regulations) and 18.52.050 (Adjustments by the
Director) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the
PAMC are amended as follows:
18.52.030 Basic Parking Regulations
. . .
(i) Transportation Demand Management Plan
(1) Requirement for TDM Plan: A Transportation Demand Management (TDM) Plan
to reduce and manage the number of single-occupant motor vehicle trips
generated by the project shall be prepared and submitted by the applicant in the
following circumstances:
A. For all projects that generate 100 50 or more net new weekday (AM or PM
peak hour) or weekend peak hour trips;
. . .
(1) The Director shall have the authority to adopt guidelines for preparing TDM
plans and when applicable shall coordinate such guidelines with the
Transportation Management AuthorityAssociation.
18.52.050 Adjustments by the Director
. . .
(d) Transportation Demand Management (TDM)
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(2) Where a Transportation Demand Management (TDM) program is proposed or
required, the TDM program shall outline parking and/or traffic demand measures
to be implemented to reduce parking need and trip generation. The Director shall
have the authority to adopt guidelines for preparing TDM plans. Required
measures may include, but are not limited to: participation in the Transportation
Management Authority Association or similar organization, limiting “assigned”
parking to one space per residential unit, providing for transit passes, parking cash-
out, enhanced shuttle service (or contributions to extend or enhance existing
shuttle service or to create new shared or public shuttle service), car-sharing,
traffic-reducing housing, providing priority parking spaces for carpools/vanpools or
“green” vehicles (zero emission vehicles, inherently low emission vehicles, or plug-
in hybrids, etc.), vehicle charging stations, additional bicycle parking facilities, or
other measures to encourage transit use or to reduce parking needs. The program
shall be proposed to the satisfaction of the director, shall include proposed
performance targets for parking and/or trip reduction and indicate the basis for
such estimates, and shall designate a single entity (property owner, homeowners
association, etc.) to implement the proposed measures.
. . .
SECTION 14. Section 18.54.020 (Vehicle Parking Facilities) of Chapter 18.54 (Parking Facility
Design Standards) of the PAMC is amended as follows:
18.54.020 Vehicle Parking Facilities
(a) Parking Facility Design
. . .
(3) The required stall widths shown in Table 5 3 of Section 18.54.070 shall be
increased by 0.5 foot for any stall located immediately adjacent to a wall, whether on
one or both sides. The director may require that the required stall widths be increased
by 0.5 foot for any stall located immediately adjacent to a post, where such post limits
turning movements into or out of the stall.
. . .
SECTION 15. Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and
Approvals) of Title 18 (Zoning) of the PAMC is amended as follows:
18.76.020 Architectural Review
. . .
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor
project, as set forth in this section, unless an application for architectural review is reviewed,
acted upon, and approved or approved with conditions as set forth in Section 18.77.070.
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(1) Exempt Projects. The following projects do not require architectural review:
Single-family and two-family residences do not require architectural review,
except as provided under subsections (2)(C) and (2)(D).
(A) Single-family and two-family residences do not require architectural review,
except as provided under subsections (2)(C) and (2)(D).
(B) Projects determined by the director of planning and community environment
to be substantially minor in nature and have inconsequential visual impacts
to the adjacent properties and public streets. These exempt projects are
referred to as “over the counter projects”. The director shall have the
authority to promulgate a list of such exempt projects under this subsection.
. . .
(3) Minor Projects. The following are “minor projects” for the purposes of the
architectural review process set forth in Section 18.77.070, except when
determined to be major pursuant to subsection (2)(I) or exempt pursuant to
subsection (1)(B):
. . .
SECTION 16. Sections 18.77.020 (Applications), 18.77.060 (Standard Staff Review Process),
18.77.070 (Architectural Review Process), 18.77.080 (Notice), and 18.77.110 (Revocation or
Modification of Approvals) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18
(Zoning) of the PAMC are amended, and new Section 18.77.077 (Over the Counter Project
Review Process) is added to the same Chapter, as follows:
18.77.020 Applications
. . .
(d) Resubmittal of applications
If an application is denied, the director or city council may specify that a substantially
similar application may not be accepted within 12 months prior tofollowing the date of such
denial, unless it is shown that the circumstances surrounding the application have changed
substantially.
18.77.060 Standard Staff Review Process
. . .
(b) Notice of Application Completeness
Not later than thirty days after an application has been received, the director shall notify
the applicant in writing whether the application is complete. If the application is determined
not to be complete, procedures outlined in in Section 18.77.030 shall apply. Once an
application is deemed complete, notice that the application has been filed and deemed
complete shall be given by mail to owners and residents of property within 600 feet of the
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property, by publication, by e-mail, and by posting in a public place. The notice shall include the
address of the property and a brief description of the proposed project.
(c) Decision by the Director
Not less than twenty-one days following the date an application is deemed complete:
. . .
(2) Notice of the proposed director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by publication, by e-mail,
and by posting in a public place. The notice shall include the address of the
property, a brief description of the proposed project, a brief description of the
proposed director's decision, the date the decision will be final if no hearing is
requested, and a description of how to request a hearing.
(3) The proposed director's decision shall become final fourteen days after the date
notice is mailed or published, whichever is later, unless a request for a hearing is
filed. The director may, for good cause, specify in writing a longer period for
requesting a hearing at the time he or she issued the proposed decisions.
. . .
(d) Withdrawal of Hearing Request
. . .
(2) Notice of the proposed director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by publication, by e-mail,
and by posting in a public place. Notice shall include the address of the property,
a brief description of the proposed project, the specific modifications made to
the application, the date the decision will be final, a description of how to
request a hearing, and a statement that any request for a hearing on the revised
decision is limited to those modifications.
(3) The revised proposed director's decision shall become final fourteen days after
the date notice is mailed or published, whichever is later, unless a request for a
hearing is filed. The director may, for good cause, specify in writing a longer
period for requesting a hearing at the time he or she issues the proposed
decision.
(e) Hearing and Recommendation (Upon Request) by the Planning and Transportation
Commission
(2) Notice of the revised director's decision shall be given by mail to owners and
residents of property within 600 feet of the property, by publication, by e-mail,
and by posting in a public place. Notice shall include the address of the property,
a brief description of the proposed project, and the date, time and location of
the hearing.
. . .
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18.77.070 Architectural Review Process
. . .
(b) Tentative Director’s Decision and Hearing Upon Request for Minor Projects
For a minor project, as defined in Section 18.76.020(b)(3), once the application is
deemed complete:
. . .
(2) Notice of the proposed director's decision shall be given mailed to property
owner or applicant and posted in a public placeby publication. The notice shall
include the address of the property, a brief description of the proposed project,
a brief description of the proposed director's decision, the date the decision will
be final if no hearing is requested, and a description of how to request a hearing.
(3) The proposed director's decision shall become final 14 7 days after the date
notice is mailed or published, whichever is later, unless an appeal is filed. The
director may, for good cause, specify in writing a longer period for requesting a
hearing at the time he or she issues the proposed decision.
(i) When there is more than one entitlement required for a project, the longer
appeal or request for hearing period shall govern the effective date for the
Minor Architectural Review decision.
(4) The applicant or the subject property owner, or owners or tenants of an adjacent
propertyAny party, including the applicant, may request a hearing by the
architectural review board on the proposed director's decision by filing a written
request with the planning division. There shall be no fee required for requesting
such a hearing.
. . .
(d) Decision by the Director
Upon receipt of a recommendation of the architectural review board:
. . .
(2) Notice of the director's decision shall be given by mailing to owners and
residents of property within 600 feet of the property, by publication once in a
local newspaper, and by posting in a public place. Notice shall include the
address of the property, a brief description of the proposed project, a brief
description of the action to be taken, the date the decision will be final, and a
description of how to request a hearing.
(3) The director's decision shall become final 14 days after the date notice is mailed
or published, whichever is later , unless an appeal is filed. The director may, for
good cause, specify in writing a longer period for requesting a hearing at the
time he or she issues the proposed decision.
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(e) Appeal of the Director's Decision – Filing
Any party, including the applicant, may file an appeal of the director's decision with the
planning division for projects reviewed by the architectural review board. The appeal shall be
filed in written form in a manner prescribed by the director.
. . .
18.77.077 Over the Counter Project Review Process
The director of planning and community environment shall be authorized to adopt
guidelines, rules, and procedures to implement the over the counter project review process for
projects exempt from architectural review under Section 18.76.020(b)(1)(B) of this Title.
18.77.080 Notice
. . .
(f) Notice by Posting in a Public Place
When notice by posting in a public place is required, notice shall be posted in one or
more locations accessible to the public, which may include posting on the city’s website. The
director shall determine the location or locations for posting.
. . .
18.77.110 Revocation or Modification of Approvals
. . .
(c) Decision by the director
. . .
(2) Notice of the director's decision shall be given by mailing to owners and
residents of property within 600 feet of the property, and by publication once
in a local newspaper, and by posting in a public place. Notice shall include the
address of the property, a brief description of the noncompliance, a brief
description of the action to be taken, the date the decision will be final, and a
description of how to appeal the decision.
. . .
SECTION 17. Section 18.80.060 (Notice of Public Hearing) of Chapter 18.80 (Amendments to
Zoning Map and Zoning Regulations) of Title 18 (Zoning) of the PAMC is amended as follows:
18.80.060 Notice of Public Hearing
(a) The planning commission shall give a notice of hearing on a proposed change of
district boundaries in the following manner:
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(1) Notice of the hearing shall be given by publication once in a local newspaper of
general circulation not less than twelve ten days prior to the date of the hearing.
(2) Additionally, excepting a city-wide change in the zoning map, the city shall mail
written notice of such hearing at least twelve ten days prior to the date of the
hearing to each owner of real property and to each residential occupant within
600 feet of the exterior boundary of the property for which classification is
sought. Notice shall be provided as specified in Section 18.77.080. Compliance
with the procedures set forth in this section shall constitute a good faith effort to
provide notice, and the failure of any owner or occupant to receive notice shall
not prevent the city from proceeding with the hearing or from taking any action
nor affect the validity of any action.
. . .
SECTION 18. Section 21.12.090 (Action on tentative and preliminary parcel maps) of Chapter
21.12 (Tentative Maps and Preliminary Parcel Maps) of Title 21 (Subdivisions and Other
Divisions of Land) of the PAMC is amended as follows:
21.21.090 Action on tentative and preliminary parcel maps
. . .
(e) Action on Preliminary Parcel Map. Subject to the appeal procedures of this title, the
director of planning shall approve, conditionally approve, or deny any preliminary parcel map
filed. The director of planning shall take such action within fifty days of the date of filing, unless
extended by the mutual consent of the director of planning and the applicant. Prior to taking
any such action, the director of planning shall hold a public hearing at which any interested
person shall be allowed to present testimony regarding the preliminary parcel map. If, in the
opinion of the director of planning, there are issues of major significance associated with the
proposed parcel map, such map may be deferred by the director of planning to the planning
commission and the city council, or the city council directly under the provisions of Section
18.40.170 of Title 18, for processing in accordance with the procedures set forth in subsections
(c) and (d) of this section.
(f) Notice of Hearing.
(1) Notice of the hearing required by subsections (c), (d), or (e) above shall be given
by publication once in a local newspaper of general circulation not less than
twelve ten days prior to the date of the hearing.
(2) Additionally, the city shall mail written notice of such hearing at least twelve ten
days prior to the date of the hearing to each owner of record of real property
within ninety-one and four-tenths meters (threesix hundred feet) of the exterior
boundary of the property for which classification is sought as such owner of
record is shown in the last equalized assessment roll and to owners or occupants
of the property within ninety-one and four-tenths meters (three six hundred
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feet) as shown on the city utility customer file. Compliance with the procedures
set forth in this section shall constitute a good-faith effort to provide notice and
the failure of any owner or occupant to receive notice shall not prevent the city
from proceeding with the hearing or from taking any action nor affect the
validity of any action.
. . .
(4) In addition to any other information required, the applicant shall submit with its
application a list of all owners of record of real property within ninety-one and
four-tenths meters (threesix hundred feet) of the exterior boundary of the
property to be subdivided as shown in the last equalized assessment roll (as
updated by the semiannual real estate update information).
SECTION 19. Section 21.32.010 (Application for exceptions) of Chapter 21.32 (Conditional
Exceptions) of Title 21 (Subdivisions and Other Divisions of Land) of the PAMC is amended as
follows:
21.32.010 Application for exceptions
A subdivider may apply for conditional Eexceptions to any of the requirements and
regulations set forth in this title and Title 18, as defined in Section 21.04.030(b)(17). Such
exceptions may be granted only by the city council after recommendation by the planning
commission. Application for such exception shall be made by petition of the subdivider, stating
fully the grounds of the application and the facts relied upon by the petitioner. Such petition
shall be submitted with the tentative or preliminary parcel map for which the exception is
requested and shall be reviewed and processed concurrent with said map.
SECTION 20. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 21. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 22. The Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections
15061(b) and 15301, 15302 and 15305 because it simply provides a comprehensive permitting
scheme.
SECTION 23. This Ordinance shall not apply to any planning or land use applications deemed
complete as of the effective date of this Ordinance.
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SECTION 24. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Community
Environment
Administrative Procedures
for Over the Counter Architectural Review
Planning & Community Environment Department
250 Hamilton Ave
Palo Alto, CA 94301
What is an Over the Counter permit?
An Over the Counter or OTC permit is the review and approval of a minor change to the exterior
of a property (non single or two family use) that is handled at the Development Services front
counter. These items are typically very minor in nature and may or may not be associated with
a building permit.
Authority
Minor modifications to commercial and multifamily properties are typically subject to a
discretionary Architectural Review application under Palo Alto Municipal Code (PAMC) Section
18.76.020(b)(3). The authority to exempt minor Architectural Review projects as an OTC
project is contained within PAMC Section 18.76.020(b)(1)(B). The decision to grant an over the
counter approval is an administrative determination and requires no hearing or notice.
Authority Reserved
Approval of such projects may be granted by the Planning Director. The Director has authority
and discretion to determine if a project is exempt in accordance with 18.76.020(b)(1)(B).
Projects that do not qualify as exempt will be processed as a Minor or Major Architectural
Review, as appropriate, upon the filing of a complete application. The Director may delegate
this authority.
Over the Counter (OTC) Approval Process
OTC approvals occur at the Development Center front counter located at 285 Hamilton Avenue.
No appointment is required for OTC applications. OTC approvals will require an application
form with the property owner’s signature. The application form is available at the following
link: http://www.cityofpaloalto.org/civicax/filebank/documents/6491. A minor fee for OTC
review will be charged at the time of the review. The Planning fee schedule can be found at the
following link: http://www.cityofpaloalto.org/civicax/filebank/documents/2653. Applicants
must provide sufficient information for staff to be able to make an informed decision. Please
see the following link for the minor Architectural Review application submittal checklist to use
as a guide for the materials that would also be needed for the OTC review and approval
process: http://www.cityofpaloalto.org/civicax/filebank/documents/26107. Applicants shall be
prepared and include items such as photos, sections, sightlines, floor plans, site plans, elevation
drawings, color renderings, color and material samples, etc. as necessary to facilitate OTC
review. Digital copies of the plans must also be provided at the time of review.
The examples above are not a complete list of items that may be exempted as “Over the Counter”
projects. Similar projects may be exempted at the discretion of the Planning and Community
Environment Director or their designee. For questions regarding the OTC process please contact the
Planner on Duty at (650) 617-3117.
Document last updated 11/17/2017
The following projects typically qualify as an Over the Counter application:
1. Rooftop mechanical equipment:
When a parapet or similar screening feature is being added or already exists and would clearly
screen the new equipment from off-site views (equipment cut sheet required with the dba level
listed) (site plan, line of site drawings, and elevation drawings are required to clearly demonstrate
the new equipment will be screened from view.)
2. Window/door changes (additions or deletions):
Like for like or substantially similar replacement of windows and doors on non-historic buildings.
Photos of existing doors and/or windows must be provided along with details/elevation drawings
for any new or replacement doors and/or windows.
3. Electric vehicle charging stations:
(Parking requirements must be met after implementation and installation of any equipment-
protecting bollards. The associated trenching for the electrical conduit must not harm existing
parking lot and landscape trees) (Applicant must demonstrate compliance with the parking
regulations for any new and existing parking spaces)
4. Minor modification of architectural elements:
Minor changes to existing (non-historic) buildings. Site plans, building elevations, color renderings,
and material samples will be required as necessary to make a determination. Changes could
include but are not limited to roof materials, awnings, exterior siding, finish materials, architectural
details, trim, lighting, etc. Additions of square footage would not qualify as an OTC project and
would be subject to a formal Architectural Review application.
5. Wall Signs: Wall mounted signs that are comprised of individual pin mounted letters made of metal
may be exempted. The proposed wall signs must compliment the building design and be
appropriately sized and no more than 50% of the area permitted by the code. If illuminated, halo
illumination only and no extreme colors. Site plan, elevations, color renderings or photo
simulations, sign drawings, and material samples required.
6. Minor changes to previously approved projects: Staff would apply discretion to first ensure the
change is minor and second to ensure the proposed change is appropriate for the building or site.
Changes could include but are not limited to roof materials, awnings, exterior siding, finish
materials, architectural details, trim, lighting, etc.
7. Minor site improvements: i.e.: changes to parking lot, pathways, hardscape, benches, art work,
site lighting, accessibility ramps and improvements, refuse enclosures, changes to building color,
etc. (site plan and details required)
8. Minor landscape changes: These changes would typically include items such as the replacement of
one plant material for another, replacement of small turf areas with other plant material or ground
cover/mulch, and other changes to planting and or hardscape layout. (site plan/landscape plan
required, if water calculations are required based on the project scope, over the counter review
would not be an option)
CITY OF PALO ALTO
PLANNING DIVISION- CORRECTION LIST
IMPORTANT NOTICE: Please return both this correction list and any marked drawings or calculations
along with your revised drawings when submitting corrections to the Building Department. Please
reference on the correction list where on the plans the corrections have been made to assist in providing a
more timely review.
1. Please adjust the scope of work for the project to include the construction of the new garage.
2. No AC units were shown on the plans; if AC units will be included in this scope please update the
site plan to show the AC unit location. Also new AC units must be shown to comply with Palo
Alto Municipal Code Section 9.10 (PAMC 9.10 “Noise”) and cannot be located within interior
yard setbacks per PAMC Section 18.12.040(l) location of noise-producing equipment. Within this
area of Palo Alto noise producing equipment are allowed to produce no more than 66db measured
at the property line. Please provide specifications (spec sheets) for the AC units indicating their
db range and update the plans to include model numbers and code compliant location.
3. Per the Building Permit Submittal Requirements, the Site Plan must be drawn to a scale of
1/8” = 1’. Please submit a revised site plan measured to this scale.
4. Please include the following information on the site plan: all trees located on the property along
with their species, the public right of way, street tree location (see attached parcel report).
5. There is a public utility easement that runs along the northern and eastern side of the property that
is not indicated on the site plan. Our records indicate that both are about 10 feet from the property
line. Please show the utility easement on the site plan. (see attached parcel report)
6. On site plans from 2013 there appears to be a deck located in the rear yard of the property that is
not indicated on the site plan. Please include and indicate all structures and paving for the
property on the site plan.
7. On page A-2 the proposed garage has dimensions of 10’x20’ from exterior wall to exterior wall.
Per PAMC 18.54.20(b)(2), interior dimensions for covered/garage parking must be 10’x20’.
Please revise the plan and FAR/Lot Coverage calculations to reflect these dimensions.
Date: June 7, 2017
Address: 592 Loma Verde Avenue
Permit # 17000-00992
Reviewed by: Garrett Sauls
8. Please submit a completed T-1 sheet (signed) and update the site plan to include the Tree
Protection Zone for any protected trees such as heritage trees (oak/redwood) or protected trees in
the public right of way as instructed by the T-1 Tree Protection sheet. If the proposed work is
within the TPZ then an arborist report would need to be submitted and modification to the project
based on the assessment by the arborist may also be required. You may find copies of the T-1
Tree Protection Sheet here; http://www.cityofpaloalto.org/civicax/filebank/documents/6460.
9. Prior to approval for a building permit, a deed restriction will be required for the new cottage on
the property. Information about what needs to be in the deed restriction can be found in section
18.42.040(a)(9)(vi) of the new ADU ordinance. Here is the link to the new ADU ordinance:
http://www.cityofpaloalto.org/civicax/filebank/documents/57945.
10. Due to the increase in net dwelling units on the property, new development impact fees will be
assessed for the property. The impact fee is estimated to be $9,371. You can find information
about development impact fees
here;http://www.cityofpaloalto.org/civicax/filebank/documents/27226.
If you have any questions, please contact me by e-mail garrett.sauls@cityofpaloalto.org or by phone at
650-329-2471 to discuss the above comments prior to resubmitting.
Sincerely,
Garrett Sauls
Planning Technician
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The Green BuildingSurveyisarequiredprojectsubmittal.Thesurveycanbefoundatthefollowinglink.ThesurveyshallbecompletedonSurveyMonkey
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Date: 2017.05.03 08:47:46 -08'00'
"CALGREEN NOTE"
4.1 PLANNING AND DESIGN
Section A4.105 Deconstruction and Reuse of Existing Materials.
Section A4.105 is adopted as a Tier 1 and Tier 2 elective measure and
is amended to read:
A4.105.1 General.
Existing buildings on the site are deconstructed and the salvaged
materials are reused. Reused materials or products must comply with
the current building standards requirements or be an accepted
alternate method or material. Salvaged materials may be reused onsite
or for a different project.
The Chief Building Official may require documentation confirming that
salvageable materials have been reused.
16.14.140
A4.105.2 Reuse of materials.
Non-hazardous materials which can be easily reused include but are
not limited to the following:
1. Light fixtures
2. Plumbing fixtures
3. Doors and trim
4. Masonry
5. Electrical devices
6. Appliances
7. Foundations or portions of foundations
Note: Reused material must be in compliance with the appropriate Title
24 requirements.
4.106.2 Storm water drainage and retention during construction.
Projects which disturb less than one acre of soil and are not part of a
larger common plan of development which in total disturbs one acre or
more, shall manage storm water drainage during construction. In order
to manage storm water drainage during construction, one or more of
the following measures shall be implemented to prevent flooding of
adjacent property, prevent erosion and retain soil runoff on the site.
1. Retention basins of sufficient size shall be utilized to retain storm
water on the site.
2. Where storm water is conveyed to a public drainage system,
collection point, gutter or similar disposal method, water shall be filtered
by use of a barrier system, wattle or other method approved by the
enforcing agency.
3. Compliance with a lawfully enacted storm water management
ordinance.
A4.106.2.3 Topsoil protection.
Topsoil shall be protected or saved for reuse as specified in this
section.
Tier 1. Displaced topsoil shall be stockpiled for reuse in a designated
area and covered or protected from erosion.
Note: Protection from erosion includes covering with tarps, straw,
mulch, chipped wood, vegetative cover, or other means acceptable to
the enforcing agency to protect the topsoil for later use.
Tier 2. The construction area shall be identified and delineated by
fencing or flagging to limit construction activity to the construction area.
Heavy equipment or vehicle traffic and material storage outside the
construction area shall be limited to areas that are planned to be
paved.
4.106.3 Grading and paving.
Construction plans shall indicate how the site grading or drainage
system will manage all
surface water flows to keep water from entering buildings.
Examples of methods to manage surface water include, but are not
limited to, the following:
1. Swales
2. Water collection and disposal systems
3. French drains
4. Water retention gardens
5. Other water measures which keep surface water away from
buildings and aid in groundwater recharge.
Exception: Additions and alterations not altering the drainage path.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New
Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective
measure. Projects must comply
with the mandatory electric vehicle supply equipment (EVSE)
requirements stated in Section
4.106.4, as amended.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New
Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective
measure. Projects must comply with the mandatory electric vehicle
supply equipment (EVSE) requirements stated in Section 4.106.4, as
amended.
A4.106.8.2 Single Family Residences.
The following standards apply to newly constructed detached and
attached single family residences.
In general. The property owner shall provide Conduit Only,
EVSE-Ready Outlet, or EVSE Installed for each residence.
Location. The proposed location of a charging station may be internal
or external to the dwelling, and shall be in close proximity to an on-site
parking space consistent with City guidelines, rules, and regulations.
A4.106.8.3 Multi-Family Residential Structures.
The following standards apply to newly constructed residences in a
multi-family residential structure, except as provided in section
A4.106.8.4.
Resident parking. The property owner shall provide at least one
EVSE-Ready Outlet or EVSE Installed for each residential unit in the
structure.
Guest parking. The property owner shall provide Conduit Only,
EVSE-Ready Outlet, or EVSE Installed, for at least 25% of guest
parking spaces, among which at least 5% (and no fewer than one) shall
be EVSE Installed.
Accessible spaces. The percentage calculations and substantive
requirements imposed by this section shall be applied separately to
accessible parking spaces. Parking at accessible spaces where an
EVSE is installed shall not be limited to electric vehicles.
Minimum total circuit capacity. The property owner shall. ensure
sufficient circuit capacity, as determined by the Chief Building Official,
to support a Level 2 EVSE in every location where Circuit Only,
EVSE-Ready Outlet or EVSE Installed is required.
Location. The EVSE, receptacles, and/or raceway required by this
section shall be placed in locations allowing convenient installation of
and access to In addition, if parking is deed-restricted to individual
residential units, the EVSE or receptacles required by subsection (a)
shall be located such that each unit has access to its own EVSE or
receptacle. Location of EVSE or receptacles shall be consistent with all
City guidelines, rules, and regulations.
A4.106.4 Water permeable surfaces.
Permeable paving is utilized for the parking, walking or patio surfaces
in compliance with the following.
Tier 1. Not less than 20 percent of the total parking, walking or patio
surfaces shall be permeable.
Tier 2. Not less than 30 percent of the total parking, walking or patio
surfaces shall be permeable.
Exceptions:
1. The primary driveway, primary entry walkway and entry porch or
landing shall not be included when calculating the area required to be a
permeable surface.
2. Required accessible routes for persons with disabilities as
required by California Code of Regulations, Title 24, Part 2, Chapter
11A and/or Chapter 11B as applicable.
A4.106.5 Cool roof for reduction of heat island effect.
Roofing materials for Tier 1 and Tier 2 buildings shall comply with this
section:
Exceptions:
1. Roof constructions that have a thermal mass over the roof
membrane including areas of vegetated roofs, weighing at least 25
pounds per square foot.
2. Roof areas covered by building integrated solar photovoltaic
panels and building integrated solar thermal panels.
18.54.060 Bicycle Parking Facilities
Bicycle parking facilities shall be provided for new buildings, addition or
enlargement of an existing building, or for any change in the use that
results in the need for additional vehicle parking facilities consistent
with the parking requirements contained within Section18.52.040.
Bicycle parking facilities required by Section 18.52.040 may contain
bicycle parking elements of the types described in subsection (a)
below, and arranged according to the layout requirements described in
(b) below.
The department of planning and community environment maintains a
list of Approved, Conditionally Approvable, and Prohibited types of
bicycle racks and bicycle lockers. Bicycle racks and lockers not on the
“Approved” list must be approved by the director. Likewise layout
diagram examples specifying clearances and other aspects of bicycle
parking areas are also available from the department of planning and
community environment.
A4.103.1 Selection.
A site which complies with at least one of the following characteristics
is selected:
1. An infill site is selected.
2. A greyfield site is selected.
3. An EPA-recognized
A4.103.2 Community connectivity.
Facilitate community connectivity by one of the following methods:
1. Locate project within a 1/4-mile true walking distance of at least
four basic services, readily accessible by pedestrians.
2. Locate project within a 1/2-mile true walking distance of at least
seven basic services, readily accessible by pedestrians.
3. Other methods increasing access to additional resources.
Note: Examples of services include, but are not limited to, bank, place
of worship, convenience grocery, day care, cleaners, fire station,
barber shop, beauty shop, hardware store, laundry, library, medical
clinic, dental clinic, senior care facility, park, pharmacy, post office,
restaurant, school, supermarket, theater, community center, fitness
center, museum or farmers market. Other services may be considered
on a case-by-case basis.
16.14.120 Section A4.104 Site Preservation.
Section A4.104.1 is adopted as a Tier 1 and Tier 2 elective and is
amended to read:
A4.104.1 Supervision and Education by a Special Inspector.
Individuals with oversight
authority on the project, as defined in 16.14.090 ofthis code, who have
been trained in
areas related to environmentally friendly development, can teach green
concepts to
other members of the builder's staffand ensure training and written
instruction has
been provided to all parties associated with the development of the
project. Prior to the
beginning the construction activities, all the builder shall receive a
written guideline and
instruction specifying the green goals ofthe project.
16.14.130
Note: Lack of adequate supervision and dissemination of the project
goals can
result in negative effects on green building projects. If the theme of
green
building is not carried through the project, the overall benefit can be
substantially reduced by the lack of knowledge and information
provided to the
various entities involved with the construction of the project.
A4.106.2.1 Soil analysis.
Soil analysis is performed by a licensed design professional and the
findings utilized in the structural design of the building.
A4.106.2.2 Soil protection.
The effect of development on building sites is evaluated and the soil is
protected by one or more of the following:
1. Natural drainage patterns are evaluated and erosion controls are
implemented to minimize erosion during construction and after
occupancy.
2. Site access is accomplished by minimizing the amount of cut and
fill needed to install access roads and driveways.
3. As allowed by other parts of the California Building Standards
Code underground construction activities are coordinated to utilize the
same trench, minimize the amount of time the disturbed soil is exposed
and the soil is replaced using accepted compaction methods.
4.3 WATER EFFICIENCY AND
CONSERVATION
4.303.1.1 Water closets.
The effective flush volume of all water closets shall not exceed 1.28
gallons per flush.
Tank-type water closets shall be certified to the performance criteria of
the U.S. EPA Water Sense Specification for Tank-type Toilets.
Note: The effective flush volume of dual flush toilets is defined as the
composite, average flush volume of two reduced flushes and one full
flush.
4.303.1.2 Urinals.
The effective flush volume of wall mounted urinals shall not exceed
0.125 gallons per flush.
The effective flush volume of all other urinals shall not exceed 0.5
gallons per flush.
4.303.1.3.1 Single showerhead.
Showerheads shall have a maximum flow rate of not more than 2.0
gallons per minute at 80 psi. Showerheads shall be certified to the
performance criteria of the U.S. EPA Water Sense Specification for
Showerheads.
4.303.1.3.2 Multiple showerheads serving one shower.
When a shower is served by more than one showerhead, the combined
flow rate of all showerheads and/or other shower outlets controlled by a
single valve shall not exceed 2.0 gallons per minute at 80 psi, or the
shower shall be designed to allow only one shower outlet to be in
operation at a time.
Note: A hand-held shower shall be considered a showerhead.
4.303.1.4.1 Residential lavatory faucets.
The maximum flow rate of residential lavatory faucets shall not exceed
1.2 gallons per minute at 60 psi. The minimum flow rate of residential
lavatory faucets shall not be less than 0.8 gallons per minute at 20 psi.
4.303.1.4.2 Lavatory faucets in common and public use areas.
The maximum flow rate of lavatory faucets installed in common and
public use areas (outside of dwellings or sleeping units) in residential
buildings shall not exceed 0.5 gallons per minute at 60 psi.
4.303.1.4.3 Metering faucets. Metering faucets when installed in
residential buildings shall not deliver more than 0.25 gallons per cycle.
4.303.1.4.4 Kitchen faucets.
The maximum flow rate of kitchen faucets shall not exceed 1.8 gallons
per minute at 60 psi. Kitchen faucets may temporarily increase the flow
above the maximum rate, but not to exceed 2.2 gallons per minute at
60 psi, and must default to a maximum flow rate of 1.8 gallons per
minute at 60 psi.
Note: Where complying faucets are unavailable, aerators or other
means may be used to achieve reduction.
4.303.2 Standards for plumbing fixtures and fittings.
Plumbing fixtures and fittings shall be installed in accordance with the
California Plumbing Code, and shall meet the applicable standards
referenced in Table 1701.1 of the California Plumbing Code.
4.304.1 Outdoor potable water use in landscape areas.
After December 1, 2015, new residential developments with an
aggregate landscape area equal to or greater than 500 square feet
shall comply with one of the following options:
1. A local water efficient landscape ordinance or the current
California Department of Water Resources’ Model Water Efficient
Landscape Ordinance (MWELO), whichever is more stringent; or
Projects with aggregate landscape areas less than 2,500 square feet
may comply with the MWELO’s Appendix D Prescriptive Compliance
Option.
GB.2
RESIDENTIAL GREEN BUILDING
APPLICATION CALGREEN
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GB.3
RESIDENTIAL GREEN BUILDING
APPLICATION CALGREEN
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"CALGREEN NOTE"
Notes:
1.The Model Water Efficient Landscape Ordinance
(MWELO) and supporting documents are available
at: http://www.water.ca.gov/wateruseefficiency/ land
scapeordinance/
2. A water budget calculator is available at: http://
www.water.ca.gov/wateruseefficiency/landscapeordinance/
16.14.220 Section A4.304.6 Irrigation Metering Device.
Section A4.304.4 is adopted as a Tier 1 and Tier 2 prerequisite and is
amended to read:
A4.304.2.11rrigation Metering Device. Dedicated irrigation meters
are to be installed in all new construction and rehabilitated landscapes
when the landscape is greater than 1,000 square feet.
16.14.230 Section A4.305 Water Reuse Systems.
Sections A4.305.1 through A4.305.3 are adopted as Tier 1 and Tier 2
electives and are amended to read:
A4.305.1 Gray water. Alternative plumbing piping is installed to permit
the discharge from the clothes washer or other fixtures to be used for
an irrigation system in compliance with the California Plumbing Code.
A4.305.2 Recycled Water Piping. Based on projected availability, dual
water piping is installed for future use of recycled water at the following
locations:
1. Interior piping for the use of recycled water is installed to serve
all water closets, urinals, and floor drains.
2. Exterior piping is installed to transport recycled water from the
point of connection to the structure. Recycled water systems shall be
designed and installed in accordance with the California Plumbing
Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water is
used for landscape irrigation.
Section A4.305.4 is added and adopted as Tier 1 and Tier 2
prerequisite and shall read as.
follows:
A4.305.4 Additions and alterations. All multifamily residential
additions and alterations exceeds 1,000 square feet.
Section A4.305.5 is added and adopted a Tier 2 prerequisite and shall
read as follows:
A4.305.5 Diverter Valve. Newly constructed Residential Buildings with
a landscape area of any size shall install a three-way diverter valve in
the drain-line of all laundry fixtures to assist-in the future installation of
a "Laundry-to-Landscape" irrigation system.
A4.305.5.11dentification. The diverter valve shall be labeled as
"LAUNDRY-TOLANDSCAPE CABABLE".
A4.303.1 Kitchen faucets.
The maximum flow rate of kitchen faucets shall not exceed 1.5 gallons
per minute at 60 Kitchen faucets may temporarily increase the flow
above the maximum rate, but not to exceed 2.2 gallons per minute at
60 psi, and must default to a maximum flow rate of 1.5 gallons per
minute at 60 psi.
Note: Where complying faucets are unavailable, aerators or other
means may be used to achieve reduction.
A4.303.3 Appliances.
Install at least one qualified ENERGY STAR dishwasher or clothes
washer.
Note: See Section A5.303.3 for nonresidential dishwashers and
clothes washers.
4.4 MATERIAL CONSERVATION AND
RESOURCE EFFICIENCY
A4.403.2 Reduction in cement use.
As allowed by the enforcing agency, cement used in foundation mix
design shall be reduced as follows:
Tier 1. Not less than a 20 percent reduction in cement use.
Tier 2. Not less than a 25 percent reduction in cement use.
Note: Products commonly used to replace cement in concrete mix
designs include, but are not limited to:
1. Fly ash.
2. Slag.
3. Silica fume.
4. Rice hull ash.
A4.405.3 Recycled content.
Comply with the requirements for recycled content in Section
A4.405.3.1.
A4.405.3.1 Recycled content.
Use materials, equivalent in performance to virgin materials with a total
(combined) recycled content value (RCV) of:
Tier 1. The RCV shall not be less than 10 percent of the total material
cost of the project.
Required Total RCV (dollars) = Total Material Cost (dollars) × 10
percent (Equation A4. 4-1) Tier 2. The RCV shall not be less than 15
percent of the total material cost of the project.
Required Total RCV (dollars) = Total Material Cost (dollars) × 15
percent (Equation A4. 4-2) For the purposes of this section, materials
used as components of the structural frame shall not be used to
calculate recycled content. The structural frame includes the load
bearing structural elements, such as wall studs, plates, sills, columns,
beams, girders, joists, rafters and trusses.
Notes:
1. Sample forms which allow user input and automatic calculation
are located at www.hcd.ca.gov/ CALGreen.html and may be used to
simplify documenting compliance with this section and for calculating
recycled content value of materials or assembly products.
2. Sources and recycled content of some recycled materials can be
obtained from CalRecycle if not provided by the manufacturer.
A4.405.3.1.1 Total material cost. Total material cost is the total
estimated or actual cost of materials and assembly products used in
the project. The required total recycled content value for the project (in
dollars) shall be determined by Equation A4.4-1 or Equation A4.4-2.
Total material cost shall be calculated by using one of the methods
specified below:
1.Simplified method. To obtain the total cost of the project,
multiply the square footage of the residential structure by the square
foot valuation established pursuant to the ICC Building Valuation Data
(BVD) or other valuation data approved and/or established by the
enforcing agency. The total material cost is 45 percent of the total cost
of the project. Use Equations A4.4-3A or A4.4-3B to determine total
material costs using the simplified method.
Total material costs = Project square footage × square foot valuation ×
45 percent (Equation A4.4-3A) Total estimated or actual cost of
project × 45 percent (Equation A4.4-3B)
2.Detailed method. To obtain the total cost of the project, add the
estimated and/or actual costs of materials used for the project,
including the structure (steel, concrete, wood or masonry); the
enclosure (roof, windows, doors and exterior the interior walls, ceilings
and finishes (gypsum board, ceiling tiles, etc.). The total estimated
and/or actual costs shall not include fees, labor and installation costs,
overhead, appliances, equipment, furniture or furnishings.
4.406.1 Rodent proofing.
Annular spaces around pipes, electric cables, conduits or other
openings in sole/bottom plates at exterior walls shall be protected
against the passage of rodents by closing such openings with cement
mortar, concrete masonry or a similar method acceptable to the
enforcing agency.
16.14.260 Section A4.408.1 Enhanced Construction Waste
Reduction.
Section A4.408.1 is adopted as mandatory and is amended to read:
Section A4.408.1 Enhanced Construction Waste Reduction.
Nonhazardous construction and demolition debris generated at the site
is diverted to recycle or salvage facilities.
75% construction waste reduction is required for all Residential
Projects, including new construction, additions, and alterations, as long
as the construction has a valuation exceeding $25,000. Residential
projects with a lower valuation shall remain subject to California Green
Building Code Chapter 4 mandatory requirements.
4.408.2 Construction waste management plan.
Submit a construction waste management plan in conformance with
Items 1 through 5. The construction waste management plan shall be
updated as necessary and shall be available during construction for
examination by the enforcing agency.
1. Identify the construction and demolition waste materials to be
diverted from disposal by recycling, reuse on the project or salvage for
future use or sale.
2. Specify if construction and demolition waste materials will be
sorted on-site (source-separated) or bulk mixed (single stream).
3. Identify diversion facilities where the construction and demolition
waste material will be taken.
4. Identify construction methods employed to reduce the amount of
construction and demolition waste generated.
5. Specify that the amount of construction and demolition waste
materials diverted shall be calculated by weight or volume, but not by
both.
4.408.3 Waste management company.
Utilize a waste management company, approved by the enforcing
agency, which can provide verifiable documentation that the
percentage of construction and demolition waste material diverted from
the landfill complies with Section 4.408.1.
Note: The owner or contractor may make the determination if the
construction and demolition waste materials will be diverted by a waste
management company.
4.408.5 Documentation.
Documentation shall be provided to the enforcing agency which
demonstrates compliance with Section 4.408.2, Items 1 through 5,
Section 4.408.3 or Section 4.408.4.
Notes:
1.Sample forms found in “A Guide to the California Green Building
Standards Code (Residential)” located at
www.hcd.ca.gov/CALGreen.html may be used to assist in documenting
compliance with this section.
2. Mixed construction and demolition debris (C&D) processors can
be located at the California Department of Resources Recycling and
Recovery (CalRecycle).
4.410.1 Operation and maintenance manual.
At the time of final inspection, a manual, compact disc, web-based
reference or other media acceptable to the enforcing agency which
includes all of the following shall be placed in the building:
1. Directions to the owner or occupant that the manual shall remain
with the building throughout the life cycle of the structure.
2. Operation and maintenance instructions for the following:
psi. Equipment and appliances, including water-saving devices and
systems, HVAC systems, photovoltaic systems, electric vehicle
chargers, water-heating systems and other major appliances and
equipment.
Roof and yard drainage, including gutters and downspouts.
Space conditioning systems, including condensers and air filters.
Landscape irrigation systems.
Water reuse systems.
3. Information from local utility, water and waste recovery providers
on methods to further reduce resource consumption, including recycle
programs and locations.
4. Public transportation and/or carpool options available
in the area.
5. Educational material on the positive impacts of an interior
relative humidity between 30–60 percent and what methods an
occupant may use to maintain the relative humidity level in that range.
6. Information about water-conserving landscape and
irrigation design and controllers which conserve water.
7. Instructions for maintaining gutters and downspouts and the
importance of diverting water at least 5 feet away from the foundation.
8. Information on required routine maintenance measures,
including, but not limited to, caulking, painting, grading around the
building, etc.
9. Information about state solar energy and incentive
programs available.
10. A copy of all special inspection verifications required
by the enforcing agency or this code.
4.410.2 Recycling by occupants.
Where 5 or more multifamily dwelling units are constructed on a
building site, provide readily accessible area(s) that serves all buildings
on the site and is identified for the depositing, storage and collection of
non-hazardous materials for recycling, including (at a minimum) paper,
corrugated cardboard, glass, plastics, organic waste, and metals, or
meet a lawfully enacted local recycling ordinance, if more restrictive.
Exception: Rural jurisdictions that meet and apply for the exemption in
Public Resources Code Section 42649.82 et seq. are not required to
comply with the organic waste portion of this section.
A4.405.2 Concrete floors.
Floors that do not require additional coverings are used including but
not limited to stained, natural or stamped concrete floors.
A4.407.4 Material protection. Protect building materials delivered to
the construction site from rain and other sources of moisture.
A4.407.6 Door protection.
Exterior doors to the dwelling are covered to prevent water intrusion by
one or more of the following:
1. An awning at least 4 feet in depth is installed.
2. The door is protected by a roof overhang at least 4 feet in depth.
3. The door is recessed at least 4 feet.
4. Other methods which provide equivalent protection.
A4.407.7 Roof overhangs.
A permanent overhang or awning at least 2 feet in depth is provided at
all exterior walls.
4.5 ENVIRONMENTAL QUALITY
SECTION 4.503 FIREPLACES
4.503.1 General. Any installed gas fireplace shall be a directvent
sealed-combustion type. Any installed woodstove or pellet stove shall
comply with U.S. EPA New Source Performance Standards (NSPS)
emission limits as applicable, and shall have a permanent label
indicating they are certified to meet the emission limits. Wood stoves,
pellet stoves and fireplaces shall also comply with applicable local
ordinances.
4.504.1 Covering of duct openings and protection of mechanical
equipment during construction.
At the time of rough installation, during storage on the construction site
and until final startup of the heating, cooling and ventilating equipment,
all duct and other related air distribution component openings shall be
covered with tape, plastic, sheet metal or other methods acceptable to
the enforcing agency to reduce the amount of water, dust and debris,
which may enter the system.
TABLE 4.504.1
ADHESIVE VOC LIMIT1, 2
Less Water and Less Exempt Compounds in Grams per Liter
ARCHITECTURAL APPLICATIONS VOC LIMIT
Indoor carpet adhesives 50
Carpet pad adhesives 50
Outdoor carpet adhesives 150
Wood flooring adhesive 100
Rubber floor adhesives 60
Sub floor adhesives 50
Ceramic tile adhesives 65
VCT and asphalt tile adhesives 50
Drywall and panel adhesives 50
Cove base adhesives 50
Multipurpose construction adhesives 70
Structural glazing adhesives 100
Single-ply roof membrane adhesives 250
Other adhesives not specifically listed 50
SPECIALTY APPLICATIONS
PVC welding 510
CPVC welding 490
ABS welding 325
Plastic cement welding 250
Adhesive primer for plastic 550
Contact adhesive 80
Special purpose contact adhesive 250
Structural wood member adhesive 140
Top and trim adhesive 250
SUBSTRATE SPECIFIC APPLICATIONS
Metal to metal 30
Plastic foams 50
Porous material (except wood) 50
Wood 30
Fiberglass 80
1. If an adhesive is used to bond dissimilar substrates together, the
adhesive with the highest VOC content shall be allowed.
2. For additional information regarding methods to measure the
VOC content specified in this table, see South Coast Air Quality
Management District Rule 1168.
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RESIDENTIAL GREEN BUILDING
APPLICATION CALGREEN
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"CALGREEN NOTE"
4.504.2.1 Adhesives, sealants and caulks.
Adhesives, sealants and caulks used on the project shall meet the
requirements of the following standards unless more stringent local or
regional air pollution or air quality management district rules apply:
1. Adhesives, adhesive bonding primers, adhesive primers,
sealants, sealant primers, and caulks shall comply with local or regional
air pollution control or air quality management district rules where
applicable or SCAQMD Rule 1168 VOC limits, as shown in Table
4.504.1 or 4.504.2, as applicable. Such products also shall comply with
the Rule 1168 prohibition on the use of certain toxic compounds
(chloroform, ethylene dichloride, methylene chloride, perchloroethylene
and trichloroethylene), except for aerosol products, as specified in
Subsection 2 below.
2. Aerosol adhesives, and smaller unit sizes of adhesives, and
sealant or caulking compounds (in units of product, less packaging,
which do not weigh more than 1 pound and do not consist of more than
16 fluid ounces) shall comply with statewide VOC standards and other
requirements, including prohibitions on use of certain toxic compounds,
of California Code of Regulations, Title 17, commencing with Section
94507.
4.504.2.2 Paints and coatings.
Architectural paints and coatings shall comply with VOC limits in Table
1 of the ARB Architectural Suggested Control Measure, as shown in
Table 4.504.3, unless more stringent local limits apply.
The VOC content limit for coatings that do not meet the definitions for
the specialty coatings categories listed in Table 4.504.3 shall be
determined by classifying the coating as a Flat, Non flat or Nonflat-high
Gloss coating, based on its gloss, as defined in subsections 4.21, 4.36,
and 4.37 of the 2007 California Air Resources Board, Suggested
Control Measure, and the corresponding Flat, Non flat or Non flat- high
Gloss VOC limit in Table 4.504.3 shall apply.
4.504.2.3 Aerosol paints and coatings.
Aerosol paints and coatings shall meet the Product-weighted MIR
Limits for ROC in Section 94522(a)(2) and other requirements,
including prohibitions on use of certain toxic compounds and ozone
depleting substances, in Sections 94522(e)(1) and (f)(1) of California
Code of Regulations, Title 17, commencing with Section 94520; and in
areas under the jurisdiction of the Bay Area Air Quality Management
District additionally comply with the percent VOC by weight of product
limits of Regulation 8, Rule 49.
TABLE 4.504.2
SEALANT VOC LIMIT
Less Water and Less Exempt Compounds in Grams per Liter
SEALANTS VOC LIMIT
Architectural 250
Marine deck 760
Non membrane roof 300
Roadway 250
Single-ply roof membrane 450
Other 420
SEALANT PRIMERS
Architectural
Nonporous 250
Porous 775
Modified bituminous 500
Marine deck 760
Other 750
4.504.3.1 Carpet cushion.
All carpet cushion installed in the building interior shall meet the
requirements of the Carpet and Rug Institute’s Green Label program.
4.504.3.2 Carpet adhesive.
All carpet adhesive shall meet the requirements of Table 4.504.1.
TABLE 4.504.3
VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS2,
Grams of VOC per Liter of Coating, Less Water and Less Exempt
Compounds
COATING CATEGORY VOC LIMIT
Flat coatings 50
Non flat coatings 100
Nonflat-high gloss coatings 150
SPECIALTY COATINGS
Aluminum roof coatings 400
Basement specialty coatings 400
Bituminous roof coatings 50
Bituminous roof primers 350
Bond breakers 350
Concrete curing compounds 350
Concrete/masonry sealers 100
Driveway sealers 50
Dry fog coatings 150
Faux finishing coatings 350
Fire resistive coatings 350
Floor coatings 100
Form-release compounds 250
Graphic arts coatings (sign paints) 500
High temperature coatings 420
Industrial maintenance coatings 250
Low solids coatings1 120
Magnesite cement coatings 450
Mastic texture coatings 100
Metallic pigmented coatings 500
Multicolor coatings 250
Pretreatment wash primers 420
Primers, sealers, and undercoaters 100
SPECIALTY APPLICATIONS
PVC welding 510
CPVC welding 490
ABS welding 325
Plastic cement welding 250
Adhesive primer for plastic 550
Contact adhesive 80
Special purpose contact adhesive 250
Structural wood member adhesive 140
Top and trim adhesive 250
SUBSTRATE SPECIFIC APPLICATIONS
Metal to metal 30
Plastic foams 50
Porous material (except wood) 50
Wood 30
Fiberglass 80
1. If an adhesive is used to bond dissimilar substrates together, the
adhesive with the highest VOC content shall be allowed.
2. For additional information regarding methods to measure the
VOC content specified in this table, see South Coast Air Quality
Management District Rule 1168.
4.504.3.1 Carpet cushion.
All carpet cushion installed in the building interior shall meet the
requirements of the Carpet and Rug Institute’s Green Label program.
4.504.3.2 Carpet adhesive.
All carpet adhesive shall meet the requirements of Table 4.504.1.
A4.504.2 Resilient flooring systems.
Resilient flooring systems installed in the building shall meet the
percentages specified in this section and comply with the
VOC-emission limits defined in at least one of the following:
1. Products compliant with the California Department of Public
Health, “Standard Method for the Testing and Evaluation of Volatile
Organic Chemical Emissions from Indoor Sources Using Environmental
Chambers,”
Version 1.1, February 2010 (also known as Specification certified as a
CHPS Low-Emitting Material in the Collaborative for High Performance
Schools High Performance Products Database.
2. Products certified UL GREENGUARD Gold (formerly
the Greenguard Children & Schools program.)
3. Certification under the Resilient Floor Covering Institute
(CHPS) FloorScore program.
4.Meet the California Department of Public Health, “Standard
Method for the Testing and Evaluation of Volatile Organic Chemical
Emissions from Indoor Sources Using Environmental Chambers,”
Version 1.1, February 2010 (also known as Specification 01350.)
Tier 1. At least 90 percent of the total area of resilient flooring installed
shall comply.
Tier 2. At least 100 percent of the total area of resilient flooring installed
shall comply.
Exception for Tier 2: An allowance for up to 5-percent specialty
purpose flooring may be permitted.
Note: Documentation must be provided that verifies that finish materials
are certified to meet the pollutant emission limits in this section.
A4.504.3 Thermal insulation.
Thermal insulation installed in the building shall meet the following
requirements:
Tier 1. Install thermal insulation in compliance with the California
Department of Public Health, “Standard Method for the Testing and
Evaluation of Volatile Organic Chemical Emissions from Indoor
Sources Using Environmental Chambers,” Version 1.1, February 2010
(also known as Specification 01350), certified as a CHPS Low- Emitting
Material in the Collaborative for High Performance Schools (CHPS)
High Performance Products Database; products certified under the UL
GREENGUARD Gold (formerly Greenguard Children & Schools
program); or meet California Department of Public Health, “Standard
Method for the Testing and Evaluation of Volatile Organic Chemical
Emissions from Indoor Sources Using Environmental Chambers,”
Version 1.1, February 2010 (also known as Specification 01350).
Tier 2. Install insulation which complies with Tier 1 plus does not
contain any added formaldehyde.
Note: Documentation must be provided that verifies the materials are
certified to meet the pollutant emission limits in this section.
4.504.5 Composite wood products.
Hardwood plywood, particleboard and medium density fiberboard
composite wood products used on the interior or exterior of the building
shall meet the requirements for formaldehyde as specified in ARB’s Air
Toxics Control Measure for Composite Wood (17 CCR 93120 et seq.),
by or before the dates specified in those sections, as shown in Table
4.504.5.
4.504.5.1 Documentation.
Verification of compliance with this section shall be provided as
requested by the enforcing agency. Documentation shall include at
least one of the following:
1. Product certifications and specifications.
2. Chain of custody certifications.
3. Product labeled and invoiced as meeting the Composite
Wood Products regulation (see CCR, Title 17, Section 93120, et seq.).
4. Exterior grade products marked as meeting the PS-1
or PS-2 standards of the Engineered Wood Association, the Australian
AS/NZS 2269, European 636 3S, and Canadian CSA O121, CSA
O151, CSA O153 and CSA O325 standards.
5. Other methods acceptable to the enforcing agency.
TABLE 4.504.5
FORMALDEHYDE LIMITS1
Maximum Formaldehyde Emissions in Parts per Million
PRODUCT CURRENT LIMIT
Hardwood plywood veneer core 0.05
Hardwood plywood composite core 0.05
Particleboard 0.09
Medium density fiberboard 0.11
Thin medium density fiberboard2 0.13
1. Values in this table are derived from those specified by the
California Air Resources Board, Air Toxics Control Measure for
Composite Wood as tested in accordance with ASTM E1333. For
additional information, see California Code of Regulations, Title 17,
Sections 93120 through 93120.12.
2. Thin medium density fiberboard has a maximum thickness of
5/16 inch (8 mm).
4.505.2 Concrete slab foundations.
Concrete slab foundations required to have a vapor retarder by the
California Building Code, Chapter 19 or concrete slab-on-ground floors
required to have a vapor retarder by the California Residential Code,
Chapter 5, shall also comply with this section.
4.505.2.1 Capillary break.
A capillary break shall be installed in compliance with at least one of
the following:
1. A 4-inch-thick (101.6 mm) base of 1/2 inch (12.7 or larger clean
aggregate shall be provided with a vapor retarder in direct contact with
concrete and a concrete mix design, which will address bleeding,
shrinkage, and curling, shall be used. For additional information, see
American Concrete Institute, ACI 302.2R-06.
2. Other equivalent methods approved by the enforcing agency.
3. A slab design specified by a licensed design professional.
4.505.3 Moisture content of building materials.
Building materials with visible signs of water damage shall not be
installed. Wall and floor framing shall not be enclosed when the framing
members exceed 19-percent moisture content.
Moisture content shall be verified in compliance with the following:
1. Moisture content shall be determined with either a probe-type or
contact-type moisture meter. Equivalent moisture verification methods
may be approved by the enforcing agency and shall satisfy
requirements found in Section 101.8 of this code.
2. Moisture readings shall be taken at a point 2 feet (610 mm to 4
feet (1219 mm) from the grade stamped end of each piece to be
verified.
3. At least three random moisture readings shall be performed
on wall and floor framing with documentation acceptable to the
enforcing agency provided at the time of approval to enclose the wall
and floor framing.
Insulation products which are visibly wet or have a high moisture
content shall be replaced or allowed to dry prior to enclosure in wall or
floor cavities. Wet-applied insulation products shall follow the
manufacturers’ drying recommendations prior to enclosure.
4.506.1 Bathroom exhaust fans.
Each bathroom shall be mechanically ventilated and shall comply with
the following:
1. Fans shall be ENERGY STAR compliant and be ducted to
terminate outside the building.
2. Unless functioning as a component of a whole house ventilation
system, fans must be controlled by a humidity control.
a. Humidity controls shall be capable of adjustment between a
relative humidity range of ≤ 50 percent to a maximum of 80 percent. A
humidity control may utilize manual or automatic means of adjustment.
b. A humidity control may be a separate component to the exhaust
fan and is not required to be integral built-in).
Notes:
1. For the purposes of this section, a bathroom is a room which
contains a bathtub, shower, or tub/ shower combination.
2. Lighting integral to bathroom exhaust fans shall comply with the
California Energy Code.
4.507.2 Heating and air-conditioning system design.
Heating and air-conditioning systems shall be sized, designed and
have their equipment selected using the following methods:
1. The heat loss and heat gain is established according to
ANSI/ACCA 2 Manual J—2011 (Residential Load Calculation),
ASHRAE handbooks or other equivalent design software or methods.
2. Duct systems are sized according to ANSI/ACCA 1 Manual
D—2014 (Residential Duct Systems), ASHRAE handbooks or other
equivalent design software or methods.
3. Select heating and cooling equipment according to ANSI/ACCA
3 Manual S—2014 (Residential Equipment Selection) or other
equivalent design software or methods.
Exception: Use of alternate design temperatures necessary to ensure
the systems function are acceptable.
A4.504.1 Compliance with formaldehyde limits.
Use composite wood products made with either California Air
Resources Board approved no-added formaldehyde (NAF) resins or
ultra-low emitting formaldehyde (ULEF) resins.
Note: Documentation must be provided that verifies that finish
materials are certified to meet the pollutant emission limits.
A4.506.1 Filters.
Return air filters with a value greater than MERV 6 shall be installed on
HVAC systems. Pressure drop across the filter shall not exceed 0.1
inches water column.
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NOTE: PRIOR TO ORDERING OR PURCHASING ANY ITEMS RELATED TO TITLE 24
SUCH AS BUT NOT LIMITED TO: WINDOWS, DOORS, MECHANICAL EQUIPMENT,
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DEPARTMENT PRIOR TO ORDERING AND PURCHASE
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Planning & Transportation Commission
Staff Report (ID # 8662)
Report Type: Action Items Meeting Date: 11/29/2017
City of Palo Alto
Planning & Community Environment
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: PTC Annual Process and Performance Review
Title: Discussion Regarding the Commission's Performance, Roles
and Responsibilities, and Opportunity for Commissioner
Feedback to Improve Processes and Results.
From: Hillary Gitelman
Recommendation
Staff recommends the Planning and Transportation Commission (PTC) take the following
action(s):
1. Discuss and provide direction as appropriate.
Background
Chair Alcheck requested the subject discussion item to periodically review PTC processes and
performance. Alcheck requests each commissioner to reflect on the previous 12 months and 22
meetings with the intent to discuss and appraise the commission’s performance and clarity of
roles and responsibilities with the goal of improving processes and results. Specifically, Chair
Alcheck would like to engage the commission on the following topics:
Meeting Management
Goal Setting
Agenda Setting
Preparation
Commission and Staff Interaction
Meeting Organization
Discussion and Debate
Public Engagement
Motions, Amendments & Substitute Motions
Speaking to Motions, Speaking to Dissenting Perspectives
Anything Related to the Commission’s Work and Finished Product
City of Palo Alto
Planning & Community Environment Department Page 2
To facilitate this discussion, Chair Alcheck requested links to the Commission’s By Laws and
Procedural Rules be provided:
PTC By Laws http://www.cityofpaloalto.org/civicax/filebank/documents/8256
PTC Procedural Rules http://www.cityofpaloalto.org/civicax/filebank/documents/30900
To further assist the Commission, this excerpt from the Palo Alto Municipal Code Title 2 is
provided:
2.20.010 Membership.
There is created a planning and transportation commission composed of seven
members who are not council members, officers or employees of the city, who
are residents of the city, and who shall be appointed by the city council.
2.20.020 Term of office.
Terms of office on the Planning and Transportation Commission shall be four
years. Effective January 1, 2016, terms of office due to expire on October 31 of
each year shall be extended to expire on December 15 of the same year, and
thereafter terms of office shall commence on the sixteenth day of December. If a
successor is unavailable, a member may remain in office until his or her
successor is appointed.
2.20.030 Officers.
The commission shall elect its officers annually at the first meeting in November.
2.20.050 Duties and powers.
The commission is an advisory commission. In addition to the duties set forth for
the planning commission in Titles 18 and 19 of this code, it shall, as requested by
the city council, the city manager, or the director of planning and community
environment provide advice on any matter pertaining to land use planning and
transportation systems affecting the city. The term "planning commission" used
anywhere in this code or in state law shall refer to the planning and
transportation commission.
Additionally, here is additional information related to PTC roles as it relates to the
Comprehensive Plan and review of the Capital Improvement Plan:
http://library.amlegal.com/nxt/gateway.dll/California/paloalto_ca/title19masterplan*/chapter
1904planningcommission*?f=templates$fn=default.htm$3.0$vid=amlegal:paloalto_ca$anc=JD_
Chapter19.04
City of Palo Alto
Planning & Community Environment Department Page 3
PTC1 Liaison & Contact Information
Jonathan Lait, AICP, Assistant Director
(650) 329-2679
jonathan.lait@cityofpaloalto.org
1 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org
Planning & Transportation Commission
Staff Report (ID # 8140)
Report Type: Study Session Meeting Date: 11/29/2017
City of Palo Alto
Planning & Community Environment
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2442
Summary Title: PTC Annual Report to Council
Title: Discussion Regarding the Planning and Transportation
Commission's Annual Report to the City Council.
From: Hillary Gitelman
Recommendation
Staff recommends the Planning and Transportation Commission (PTC) take the following
action(s):
1. Review and provide comments
Background
This report transmits a first draft of the annual PTC report to Council. Chair Alcheck has
authored the letter and seeks commission input. If necessary, the PTC will consider this report
at its next meeting.
Attachments:
Attachment A: Draft Chair's Report to Council 2017 (PDF)
CHAIR’’’’S REPORT TO COUNCIL – PALO ALTO PLANNING AND TRANSPORTATION COMMISSION
NOVEMBER 29, 2017
Dear Mayor Scharff and Council Members:
Since I first joined the Planning and Transportation Commission, the Chair’s report to City Council
has served as a summary of the past year’s work. In keeping with that tradition, I would like to
highlight some of the items that we reviewed and provided guidance on to Council.
As you are all aware, the major accomplishment of the PTC during my term as Chair was our three
month long review of the Palo Alto Comprehensive Plan. This process began many years ago and
included the hard work of countless dedicated residents and volunteers. The new Comprehensive
Plan provides a coherent and articulate vision that will facilitate decision making for the next decade
and beyond.
The PTC was also involved in many important discussions during the last twelve months covering a
myriad of topics including the following:
• the proper management of parking in our downtown1,
• the best way to control commercial office and R&D development2,
• the design and implementation of residential parking programs3,
• efforts to preserve and encourage retail4, and
• efforts to encourage housing unit supply5 and development6.
It’s worth nothing that during the last 12 months we reviewed a total of three multi-family housing
projects proposing to add 127 units to our supply, including applications for 3877 El Camino Real,
2755 El Camino Real, and 3001 El Camino Real.
I would also like to outline some areas where I believe we could improve the process at the PTC
level ensuring improved results for our important work before it makes its way to City Council.
1 Review of the Downtown Parking Management Study…10/11/2017
2 Ordinance to Perpetuate an Annual Limit on Office/R&D Development following Expiration of Interim Ordinance
#5357…3/29/2017 and 7/26/2017
3 New Residential Preferential Parking Program in the Southgate Neighborhood…4/26/2017
4 Ordinance Making Permanent Interim Urgency Ordinance 5330 (Limiting the Conversion of Ground Floor Retail and Retail Like
Uses)…12/14/2016 and 1/11/2017
5 Draft Ordinance to Update the City’s Below Market Rate Program and Adopt Affordable Housing Impact/In Lieu Fees for
Commercial and Residential Construction…11/30/2016
6 Ordinance to Update the City’s Municipal Code Sections Regarding Accessory Dwelling Units…11/30/2016
My first suggestion is that the PTC take a more active role in coordinating with Planning
Department Staff as they begin to work on items that will come before the PTC. This could be
accomplished through the work of a sub-committee made up of no more than 3 members of the
PTC. This sub-committee could meet 4-6 times a year to help Staff identify areas of specific interest
or importance in items that will be coming before the PTC in future meetings so that Staff can
better design or guide the preparation of the information we will be reviewing.
This “advanced planning sub-committee” could have, for example, allowed the PTC to encourage
Staff to make more of an effort to engage the retail and restaurateur community in our downtown
prior to presenting the Downtown Parking Management Study to the PTC. During that meeting,
despite general support for exploring paid parking solutions downtown, the vast majority of
Commissioners struggled with the lack of public input, and specifically feedback from a key
stakeholder, shop keepers and restaurant owners.
My second suggestion is that the PTC take a more active role in addressing issues affecting our
community that have resulted from programs that are currently being implemented or have been
implemented within the previous 6 to 18 months. This could be accomplished through the work of
a second sub-committee made up of no more than 3 members of the PTC. This sub-committee
could meet 3-4 times a year to hear the concerns from residents who are experiencing negative and
possibly unexpected impacts from programs that the PTC has reviewed. The sub-committee would
then determine which items are deemed significant enough to merit a full PTC review and
coordinate with Staff to put the item on a future agenda. The PTC would then review the program
and the feedback during a regular meeting and determine whether adjustments are worthy of City
Council consideration.
This “implementation management sub-committee” could have, for example, been a perfect venue
for individuals struggling with some of the unintended consequences that resulted from the
implementation of the Evergreen Park/Mayfield residential preferred parking program. The
opportunity for residents and business owners to communicate issues they are having with programs
the City has recently implemented may prove to empower individuals to first attempt to work
through solutions at the PTC level before burdening the City Council with the same. At the same
time, the 6 month requirement would allow for the natural “growing pains” resulting from a change
to work itself out before such a review could be suggested.
My final recommendation is that our Commission dedicate itself to acquiring a better understanding
of the forces that shape growth and development (or lack thereof) in our community and region.
This could be accomplished by amending our bylaws to include the requirement that Commissioners
attend 4 hours of continued education in the field of urban planning each year. Such opportunities
are readily available and could have a tremendous impact on the quality of our review. The best
example of one such opportunity to learn is the annual Planning Commissioners Academy that is
hosted by the League of California Cities. I have personally attended this event and can attest to its
tremendous value.
The 2018 event is scheduled for April 4-6 and includes seminars entitled:
• Infill Projects: Ensuring Neighborhood Compatibility
• Streets as Places: How Small Projects Lead to Big Changes
• How to Build a Successful Downtown
My hope is that this minimal additional commitment of time be considered as an opportunity to
increase the knowledge base of our Commission and expand the breadth of our analysis and review.
A second benefit from attending continuing education events like this is that we also encounter
individuals from other communities who may be working through similar challenges and the
relationships created could result in us learning about innovative approaches to similar problems.
I would like to conclude this letter by acknowledging the tremendous gratitude I have to the
members of the 2017 Planning & Transportation Commission and Planning Staff. Your
commitment to the work we do and the care and dedication with which you approach each item on
our agenda was inspiring to me. I am proud of the work we did this year and I look forward to
working with each of you in the years ahead.
Sincerely,
Mike Alcheck,
Chair, Planning and Transportation Commission