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HomeMy WebLinkAboutStaff Report 391-06TO: City Manager’s HONORABLE CITY COUNCIL City of Palo Alto FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE:OCTOBER 16, 2006 CMR: 391:06 SUBJECT:ZONING ORDINANCE UPDATE - ADOPTION OF AN ORDINANCE DELETING CHAPTER 18.43 (COMMUNITY COMMERCIAL) AND ADDING PORTIONS OF A NEW CHAPTER 18d6 (NEIGHBORHOOD, SERVICE, AND COMMUNITY COMMERCIAL) OF THE ZONING ORDINANCE PROVIDING FOR ALLOWABLE USES AND DEVELOPMENT STANDARDS IN THE COMMUNITY COMMERCIAL ZONE, INCLUDING MIXED USE CRITERIA. RECOMMENDATION Staff and the Planning and Transportation Commission (P&TC) recommend that the City Council adopt the attached ordinance to approve specific sections of a new Chapter 18.16 of the Zoning Ordinance for the Community Commercial (CC) zoning district, encompassing revisions to the uses and standards provided in current Chapter 18.43 (Attachment A), particularly relative to limiting residential use in that districts and providing increased potential for hotels. Note: Revisions to other commercial districts are presented in an accompanying City Manager’s Report (CMR 392:06) and ordinance, which are provided separate due to the CC zone district’s location partially on Stanford Lands. BACKGROUND Background information regarding the Comprehensive Plan, Council direction regarding conversion of commercial uses to residential, and community outreach are discussed in the accompanying CMR 392:06 regarding the other commercial zone districts. Planning and Transportation Commission Review (P&TC) On August 30 and September 13, 2006, the P&TC conducted study sessions to discuss commercial zoning and mixed use criteria. On September 27 and October 4, 2006, the P&TC reviewed the draft ordinance amendments, including those regarding the CC zone, and recommended (6-0) that the amendments be adopted. No specific changes were suggested for the CC zone relative to the Stanford Shopping Center, as it is anticipated that a Development Agreement would be required to accommodate additional uses or development at that site. The Commission did, however,, modify the draft ordinance regarding the CC zone as it applies to the Town and Country Village Shopping Center as noted in the following section. The Commission’s intent was to provide requirements to retain at least the existing level of retail and CMR: 391:06 Page 1 of 4 incentives for hotel use on the remainder of the Town and Country site, and to favor the hotel use over residential use on the site. The September 27~ 2006 P&TC staff report and attachments are included as Attachment C of the accompanying (Item B) CMR and the Commission’s minutes of the September 27 and October 4 meetings are included as Attachment D of the accompanying CMR 392:06. DISCUSSION Staff has prepared two CMR’s and ordinances that will allow the Council to address the Community Commercial (CC) zone district (which includes the Stanford Shopping Center on Stanford Lands) separate from the other zoning districts, which are not associated with Stanford Lands. After adoption, the two ordinances will be merged to create new Chapters 18.16 and 18.18 in the Zoning Ordinance. This CMR and ordinance address the Community Commercial (CC) zoning district only. The draft ordinance (Attachment A) reflects the changes recommended by the P&TC, which were primarily to allow increased hotel use on the Town and Country Village site and to emphasize hotel use over residential mixed use on the site. Summary of Proposed Revisions to the Community Commercial District The Community Commercial district regulations form a portion of proposed Chapter 18.16 (Attachment A). The chapter contains tables of allowable uses and development standards, similar to the format for residential and research/manufacturing zones adopted previously. The basic allowable uses and intensities (density and FAR) of uses, as well as parking requirements, for development in the CC zone district are not proposed for revision. There are, however, a few substantive modifications to the CC zone district that respond to the Council’s desire to protect commercial (particularly retail) uses in these zones, to provide for’ mixed use, or to provide incentives for hotel use. The key revisions proposed in the CC zone district include: Limiting residential uses to "mixed use" only, pursuant to the mixed use criteria outlined below. A minimum 0.25:1 FAR (approximately the existing retail FAR) of retail use must be retained for the Town and Country Village site prior to accommodating mixed use development. Total nonresidential use allowed on the site is currently 0.35 FAR. The maximum residential component of the mixed use site would be limited to 0.15 FAR, for a maximum of 0.50:1 FAR for the entire site (0.35:1 for nonresidential, 0.15 for residential). Hotels would be excluded from the ~).35:1 site FAR limitation for Town and Country Village, up to a maximum of an additional 0.25 FAR, for a total site FAR of 0.60:1. Up to 25% of the floor area of the hotel area may be devoted to residential condominium use, which may help front-end financing for the hotel. Stanford Shopping Center was not addressed in the revisions, as any development there will be subject to a Development Agreement and zoning specific to that site. Relevant ground floor retail limitations remain in place for the CC zone. CMR: 391:06 Page 2 of 4 Context-Based Design Criteria A context-based design criteria section is included in Chapter 18.16 and would be applied to the CC district, but is also presented separately in Attachment B (of the CMR 392:06) for easier viewing. The criteria include text and diagrams illustrating preferred transitions to residential areas, streetscape design, massing and articulation approaches, and sustainability. Many of the context-based criteria are the same or similar to those reviewed for the PTOD ordinance. Staff believes that the criteria provide appropriate guidance for all of the commercial districts and apply to entirely nonresidential projects as well as to mixed use development. Performance Criteria Performance criteria are being prepared by staff to address lighting, noise, access, and other nuisance issues, when businesses are located adjacent to residential uses, particularly low density residential uses. These criteria were separated from the ordinance package due to timing problems, but will be presented to the P&TC at its October 25, 2006 meeting. The performance standards will then be reviewed by the Council subsequent to the P&TC recommendation. RESOURCE IMPACT The recommendations in the proposed zoning revisions for the CC district will have positive resource impacts on the City of Palo Alto. While estimated impacts from the recommendations are not quantifiable, as there are no specific projects at this time, they act to preserve and enhance existing businesses that generate tax revenues and to potentially promote new businesses. The proposed changes encouraging hotel development (increased floor area allowances as well as including up to 25 percent of square footage as residential condominiums) could result in significant additional transient occupancy taxes for the City. The addition of hotel space is a relatively high value change to City revenues compared to property taxes, for example. Recommendations preserving existing retail outlets or promoting more flexibility and viability for mixed use projects also have positive impacts to the extent they encourage businesses generating sales tax or encouraging use of current businesses. At this time, the ZOU recommendations do not result in direct additional costs for the City because they deal primarily with existing businesses. As new developments are proposed, resource impacts of the specific project will be analyzed. POLICY IMPLICATIONS The Zoning Ordinance Update is intended to bring the Zoning Ordinance into compliance with the 1998-2010 Comprehensive Plan. Staff and the Commission believe that the proposed amendments represent a significant step to assuring the preservation of retail uses and to accommodating effective mixed use development. The zoning amendments will also be supplemented with performance criteria for commercial and industrial uses. ENVIRONMENTAL REVIEW The proposed modifications to the Zoning Ordinance would have, at most, minor incremental impacts on the amount of development permitted in commercial zones or for mixed use projects. Most of the draft amendments involve minor revisions and context-based criteria intended to CMR: 391:06 Page 3 of 4 provide design more consistent with the Comprehensive Plan and protections in transitions from low density residential to higher density and non-residential uses. The amendments are consistent with the policies and programs outlined in the Comprehensive Plan and with the Comprehensive Plan EIR. Site specific impacts will be addressed with environmental review of a proposed application. PREPARED BY: CURTIS WILLIAMS Chief Planning and Transportation Official DEPARTMENT HEAD REVIEW: ~STEVE EMSLIE Director of Planning and Community Environment CITY MANAGER APPROVAL: EMIL._-~-"~ARRIS ON Assistant City Manager ATTACHMENTS Attachment A: Draft Ordinance Attachment B: Context-Based Design Criteria (see CMR 392:06) Attachment C: September 27, 2006 P&TC Staff Report and Attachments (see CMR 392:06) Attachment D: September 27, 2006 and October 4, 2006 P&TC Minutes (see CMR 392:06) Attachment E: Map of Commercial Zone Districts COURTESY COPIES Planning and Transportation Commission Architectural Review Board Doug Moran, Barron Park Association Sheri Furman, Midtown Residents Association Chamber of Commerce Jean Snider, Stanford Management Company Joy Ogawa Joe Bellomo Tony Carrasco Ken Hayes Jim Baer, Premier Properties Roxy Rapp Bob Peterson CMR: 391:06 Page 4 of 4 NOT YET APPROVED ATTACHMENT A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO DELETING CHAPTER 18.43 (COMMUNITY COMMERCIAL) AND ADDING PORTIONS OF A NEW CHAPTER 18.16 (NEIGHBORHOOD, COMMUNITY, AND SERVICE COMMERCIAL DISTRICTS) OF TITLE 18 (ZONING ORDINANCE) OF THE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: (a) That in December 2000, the City Council approved a work plan for the Zoning Ordinance Update involving the preparation of a new Title 18 (Zoning Code) of the Palo Alto Municipal Code (PAMC), including the update of existing land use chapters and processes as well as the preparation of chapters for new and revised land uses; (b) The 1998-2010 Palo Alto Comprehensive Plan includes several programs and policies related to commercial and mixed use development. The Zoning Ordinance Update was initiated in part to accomplish these programs and policies. (c) The last comprehensive update of the Palo Alto Zoning Code took place in 1978. Provisions for commercial and mixed use development in that update do not respond to current Comprehensive Plan goals and highly constrain and create a cumbersome review process for mixed use development. SECTION 2. Chapter 18.43 (Community Commercial) of Title 18 [Zoning] of the Palo Alto Municipal Code is hereby repealed in its entirety. SECTION 3. Portions of Chapter 18.16 of Title 18 [Zoning] of the Palo Alto Municipal Code are hereby added to read as follows (shaded areas are not included in this ordinance): // // // // // // 061011 syn 0120175 NOT YET APPROVED 061011 syn 0120175 2 NOT YET APPROVED Chapter 18.16 COMMUNITY] COMMERCIAL DISTRICTS Sections: 18.16.010 18.16.020 18.16.030 18.16.040 18.16.050 18.16.060 18.16.070 18.16.080 18.16.090 18.16.100 Purposes Applicable Regulations Definitions Land Uses Office Use Restrictions Development Standards Parking and Loading Performance Standards Context-Based Design Criteria Grandfathered Uses 18.16.010 Purposes The commercial zoning districts are intended to create and maintain sites for retail, personal services, eating and drinking establishments, hotels and other business uses in a manner that balances the needs of those uses with the need to minimize impacts to surrounding neighborhoods. (b)Community Commercial [CC] The CC community commercial district is intended to create and maintain major commercial centers accommodating a broad range of office, retail sales, and other commercial activities of community-wide or regional significance. The CC community commercial district is intended to be applied to regional/community commercial centers identified by the Palo Alto Comprehensive Plan. 061011 syn0120175 3 NOT YET APPROVED 18.16.020 Applicable Regulations (a)Applicable Chapters The specific regulations of this chapter and the additional regulations and procedures established by other relevant Chapters of the Zoning Code shall apply to the ~ CC district~, ~ as shown on the City’s Zoning Map. The term "abutting residential zones," where used in this Chapter, includes the R1, R2, RMD, RM-15, RM-30, RM-40, or residential Planned Community (PC) districts, unless otherwise specifically noted. (b)Applicable Combining Districts The combining districts applicable to the ~ CC ~ district~ shall include, but shall not be limited to, the following districts: (1)The retail shopping (R) combining district regulations, as specified in Chapter 18.46, shall apply to the area of the ~ CC district| designated as "R" combining district as shown on the City’s Zoning Map. (2)The pedestrian shopping (P) combining district regulations, as specified in Ch~ap,~e,r, 18.47, shall apply to the area of the ~ CC ~ district~ designated P combining district as shown on the City’s Zoning Map. 18.16.030 Definitions For the purposes of this section, the following terms are defined: (c)"Town and Country Village Shopping Center" is defined as all properties zoned CC and bounded by E1 Camino Real, Embarcadero Road, Encina Avenue, and the Southern Pacific right-of-way. (d)"Stanford Shopping Center" is defined as all properties zoned CC and bounded by E1 Camino Real, Sand Hill Road, Quarry Road; and Vineyard Lane. 061011 s~n0120175 4 NOT YET APPROVED (g)"Ground Floor" shall mean the first floor that is above grade. (h)"Mixed Use Development" shall mean a combination of nonresidential and residential uses arranged on a site. The uses may be combined in a vertical configuration (within a building) or in a horizontal configuration (separate buildings). 18.16.040 Land Uses The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on the tables are not allowed, except where Otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. (a)CommercialZones andLand Uses Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1" Table 1: ~ CC~ lllll Permitted and Conditional Uses CC,LAND USE ~ ~ ~ Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. Drive-in services or take-out services associated with permitted uses(3) Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet. Subject to Regulations in: 18.88 CUP ~18.88 CUP 18.88 Business and Trade Schools Churches and Religious Institutions Private Educational Facilities g 061011 syn0120175 NOT YET APPROVED LAND USE Private Clubs, Lodges, or Fraternal Organizations CC, P Subject to Regulations in: Recycling Centers Warehousing and Distribution CUP ~ Administrative Office Services Medical, Professional, and General Business Offices ! |P 18.16.050 18.16.050 Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. CUP ~ Commercial Recreation Outdoor Recreation Services CUP ~ Multiple-Family ~pO)i 18.16.060(b) Home Occupations ~P ~18.88 Residential Care Homes Eating and Drinking Services, excluding drive-in and take-out services Retail Services, excluding liquor stores Liquor stores Shopping Centers p Ambulance Services Animal Care, excluding boarding and kennels Boarding and Kennels Automobile Service Stations Automotive Services Convalescent Facilities 061011 syn 0120175 | CUP P CUP 18.82 P NOT YET APPROVED LAND USE Day Care Centers Small Family Day Care Homes Large Family Day Care Homes Small Adult Day Care Homes Large Adult Day Care Homes Banks and Financial Services General Business Services Hotels Mortuaries Neighborhood Business Services Personal Services Reverse Vending Machines | | | g ! ! Farmer’s Markets Temporary Parking Facilities, provided that such facilities shall remain no more than five years. Parking as a principal use Transportation Terminals P = Permitted Use CUP = Conditional Use Permit Required CC, P P P P P p(2) CUP P P P P CUP CUP | | | | | l | ! ! cup ~ CUP ~ Subject to Regulations in: 18.16.060(d) 18.16.060(0 ] 8.16.060(f) 18.88 (i) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.16.060(c). (2) Except drive-in services. (3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another. (b)Late Night Use and Activities The following regulations restrict businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m., where such site abuts or is located within 50 feet of residentially zoned properties. (l) Such businesses shall be operated in a manner to protect residential properties from excessive noise, odors, lighting or other nuisances from any sources during those- hours. 061011 syn0120175 NOT YET APPROVED 061011synO120175 NOT YET APPROVED ! ! ! l 061011 syn 0120175 9 NOT YET APPROVED 18.16.050 Office Use Restrictions The following restrictions shall apply to office uses: 10 061011 syn 0120175 NOT YET APPROVED (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 such offices either: (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 18.95; (2)~Occupy a space that was not occupied by housing, retail services, personal services, eating and drinking services, or automotive service on March 19, 2001 or thereafter; (4) (5) Occupy a space that was vacant on March 19, 2001; Are located in new or remodeled ground floor area built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; (6)Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically al!ows for such ground floor medical, professional, and general business offices; or 11 061011 synO120175 NOT YET APPROVED 18.16.060 Development Standards (a)Exclusively Non-Residential Uses Table 3 specifies the development standards for exclusively non-residential uses and alterations to non-residential uses or structures in the ~ CC, ~ district~. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment; pursuant to Section 18.76.020: Table 3: Exclusively Non-Residential Development Standards Minimum Site Specifications Site Area (ft2) Site Width (ft) Site Depth (ft) Minimum Setbacks From Yard (ft) Rear Yard (fi) Interior Side Yard (ft) Street Side Yard (ft) Minimum Yard (ft) for lot lines abutting or opposite residential districts or residential PC districts Build-To-Lines cc m 061011 syn 0120175 None Required None Required None required None required 50% of frontage built to setback (7) 33% of side street built to setback(7) Subject to regulations in Section: Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may apply 12 NOT YET APPROVED Maximum Site Coverage Maximum Height (ft) Standard Within 150 ft. of a residential zone district (other than an RM-40 or PC zone) abutting or located within 50 feet of the site Maximum Floor Area Ratio (FAR) Maximum Floor Area Ratio (FAR) for Hotels Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC zone. Initial Height at side or rear lot line (ft) Slope ~ []50’ 35’ _(5) _(5) _(6) [] | None Required 37,(4)50’ 35’35’ 0:4:1 2.0:1 2.0:1 2.0:1 Subject to regulations in Section: 18.18.060(e) 18.18.060(d) _(6)_(6) _(6)_(6) (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adj oining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5.and 8 feet in height shall be constructed along any common interior lot line. (3) No setback from an alley is required for a public parking garage. (4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not intrude into the daylight plane. (5) See additional regulations in subsection (e) of this Section 18.16.050. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question.(7) 25’ driveway access permitted regardless of frontage; build-to requirement does not apply to CC district. 061011 syn0120175 13 NOT YET APPROVED (b)Mixed Uses Table 4 specifies the development standards for new residential mixed use developments. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020: Table 4: Mixed Use Development Standards Minimum Site Specifications Site Area (ft2) Site Width (ft) Site Depth (ft) Minimum Setbacks Front Yard (ft) cc None required None Required Rear Yard (ft)10’ for residential portion; no requirement for commercial portion Rear Yard abutting residential zone district (fl)10’ Interior Side Yard if abutting 10’residential zone district (ft) Street Side Yard (ft) Build-To-Lines 50% of frontage built to setback (1) 33% of side street built to setback Subj ect to regulations in: Setback lines imposed by a special setback map pursuant to Chapter 20. 08 of this code may apply 061011 synO120175 14 NOT YET APPROVED Permitted Setback Encroachments cc Balconies, awnings, porches, stairways, and similar elements may extend up to 6’ into the setback. Cornices, eaves, fireplaces, and similar architectural features (excluding flat or continuous walls or enclosures of interior space) may extend up to 4’ into the front and rear setbacks and up to 3’ into interior side setbacks Maximum Site Coverage ~ .50% Landscape/Open Space Coverage ~,30% Usable Open Space 200 sq ft per unit for 5 or fewer units 150 sq ft per unit for 6 units or more Maximum Height (ft) Standard Within 150 ft from residential zone Daylight Plane for lot lines abutting one or more residential zoning districts Residential Density (net) Maximum Residential Floor Area Ratio (FAR) Maximum Nonresidential Floor Area Ratio (FAR) Total Mixed Use Floor Area Ratio (FAR) Minimum Mixed Use Ground Floor Commercial FAR Parking Daylight plane height and slope shall be identical to,those of the most restrictive residential zoning district abutting the lot line See Section (e) below See Chapter 18.83 (Parking) Subject to regulations in: Chapte~ 18.83 061011 syn 0120175 15 NOT YET APPROVED (2) (3) CC¸Subject to regulations in: 25’ driveway access permitted regardless of frontage; build-to requirement does not apply to CC district. Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space); (3) minimum private open space dimension 6’; and (4) minimum common open space dimension 12’. Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use. For sites abutting an RM-40 zoned residential district or a residential Planned Community (PC) district, maximum height may be increased to 50 feet. (6) (7) Ground floor commercial uses generally include retail, personal services, hotels and eating and drinking establishments. Office uses may be included only to the extent they are permitted in ground floor regulations. (1)Residential and nonresidential mixed use projects shall be subject to site and design review in accord with Chapter 18.82, except that mixed use projects with four or fewer residential units shall only require review and approval by the architectural review board. (2)Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, areprohibited in a mixed use development with residential uses. (c)’ (d) Exclusively Residential Uses Exclusively residential uses are generally prohibited in the ~ CCI ~ zone district~. Such uses are allowed, however, where a site is designated as a Housing Opportunity Site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regulations for the multi-family zone designation (RM-15, RM-30, or RM-40) identified for the site in the Housing Element. Hotel Regulations (1)Hotels, where they are a permitted use and generate transient occupancy tax (TOT), may develop to a maximum FAR of2.0:1 (except in the CC district, see Section 18.16.060(e) below). (2)Hotels may include residential condominium use, subject to: (A)No more than 25% of the floor area shall be devoted to condominium use; (B) 061011 syn 0120175 No more than 25% of the total number of lodging units shall be devoted to condominium use; and 16 NOT YET APPROVED (c)A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s). (e)CC District Shopping Center Floor Area Ratio Regulations (1)The maximum floor area ratio for the. Town and Country Village Shopping Center shall be .35 to 1; and office uses at said shopping center shall be limited to 15% of the floor area of the shopping center existing as of August 1, 1989. Hotel use shall not be included as part of the .35 to 1 maximum floor area ratio, but shall not exceed an additional .25 to 1 floor area ratio, for a maximum site floor area ratio of .60 to 1. (2)The maximum floor area ratio for mixed use development for the Town and Country Village Shopping Center shall be limited to .50 to 1; provided that no more than .35 to 1 floor area shall be nonresidential, consistent with part (1) above, and not more than. 15 to 1 floor area shall be residential. (3)Stanford Shopping Center shall not be permittedto add more than 80,000 square feet of floor area to the total amount of floor area of the shopping center existing as of June 14, 1996, 1,332,362 square feet, for a total square footage not to exceed 1,412,362. Any hotel or mixed use development for the Stanford Shopping Center shall only be included if approved as part of a Development Agreement for the site. (g)Nuisances Prohibited All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illuminations. Prior to issuance of a building permit, or occupancy permit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. 061011 syn 0120175 17 NOT YET APPROVED (h) Outdoor Sales and Storage In the CC ~ district, the following regulations shall apply to outdoor sales and storage: (A)Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i)Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii)Outdoor eating areas operated incidental to permitted eating and drinking services, (iii)Farmers’ markets that have obtained a conditional use permit, and (iv)Recycling centers that have obtained a conditional use permit. (B)Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. (C)Exterior storage shall be prohibited, except as provided under subparagraph (A)(iv) of this subsection. -- (i)Recycling Storage All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior ¯ enclosures for the storage ofrecyclable materials in appropriate containers. The design, 18 061011 syn 0120175 NOT YET APPROVED (J) construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 18.76.020. Employee Showers Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 6. Table 6: Em Showers uired Medical, Professional, and General Business Offices, Financial Services, Business and Trade Schools, General Business Services Retail Services, Personal Services, and Eating and Drinking Services 0-9,999 10,000-19,999 20,000-49,999 50,000 and up 0-24,999 25,000-49,999 50,000-99,999 100,000 and up No requirement 1 2 4 No requirement 1 2 4 18.16.070 Parking and Loading Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapter 18.83 of this title. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and the design standards established by Chapter 18.83. 18.16.080 Performance Standards In addition to the standards for development prescribed above, all development in the ~ CC[ ~ district~ shall comply with the performance criteria outlined in Chapter 18.64 of the Zoning Ordinance. All mixed use development shall also comply with the provisions of Chapter 18.28 of the Zoning Ordinance. 18.16.090 Context-Based Design Criteria (a) Contextual and Compatibility Criteria Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. (1)Context 061011 syn 0120175 Context as used in this section is intended to indicate relationships between the site’s development to adjacent street types, surrounding land 19 NOT YET APPROVED uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies. (B)The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response. (2)Compatibility (A)Compatibility is achieved when the apparent scale and mass of new buildings is consisten with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design likages with the overall pattern of buildings so that the visual unity of the street is maintained. (B)Compatibility goals may be accomplished through various means, including but not limited to: (i)the siting, scale, massing, and materials; (ii)the rhythmic pattern of the street established by the general width of the buildings and the spacing between them; (iii) the pattern of roof lines and projections; (iv) the doorways; (v)the (vi)the (vii)the (viii)the sizes, proportions, and orientations of windows, bays and location and treatment of entryways; shadow patterns from massing and decorative features; siting and treatment of parking; and treatment of landscaping. (b)Context-Based Design Considerations and Findings In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the CN, CS, CC and CC(2) districts, as further illustrated on the accompanying diagrams: 061011 synO120175 20 NOT YET APPROVED (1)Pedestrian and Bicycle Environment The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements such as: No No Co D° go Ground floor uses that are appealing to pedestrians through well-designed visibility and access (Figure 1-1); On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings (Figure 1-2); Streetscape or pedestrian amenities that contribute to the area’s streetscape environment such as street trees, bulbouts,benches, landscape elements, and public art (Figure 1-3); Bicycle amenities that contribute to the rea’s bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths (Figure 1-1); and Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street. Bulbouts ina’e~ (Figure 1 - 1) W~de s~dewalk~ provide (Figure 1-2) pedestdan saf~y (Figure 1-3) (2) Street Building Facades Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements such as: 061011 synO120175 21 NOT YET APPROVED No No C° Do go Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with the street (Figure 2-1); Facades that include projecting eaves and overhangs, porches, and other architectural elements that provide human scale and help break up building mass (Figure 2-2); Entries that are clearly defined features of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale; Residential units and storefronts that have a presence on the street and are not walled-off or oriented exclusively inward; Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street; Building ma~s sho:~d adlcu- late a de,Vmle,4 p~des~rian base, (Figure 2-1) 061011 syn 0120175 22 NOT YET APPROVED Fo Go All exposed sides of a building designed with the same level of care and integrity; Reinforcing the definition and importance of the street with building mass; and Upper floors set back to fit in with the context of the neighborhood. Property Line Build to Line ! Res|d~ntlal ~Jifdings setback from the property ~ne to cneate ,an effective 12’ sidewa~ on El Cam~no Real. Upper ~loor~ set back, to fit ~l W~h me context of~e neighbolt~ood. (Figure 2-2) (3)Massing and Setbacks Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as: No No Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies (Figure 3-1); Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 3-1); (Figure 3-1) 061011 syn 0120175 23 NOT YET APPROVED Co Do go Fo Go Comer buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles (Figure 3-1); Building facades articulated with a building base, body and roof or parapet edge (Figure 3-2); Buildings set back from the property line to create an effective 12’ sidewalk on E1 Camino Real, 8’ elsewhere (Figure 3-4); A majority of the building frontage located at the setback line (Figure 3-3); and No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential (Figure 3-3). (Figure 3-2) (Figure 3-3) (Figure 3-4) 061011 syn 0120175 24 NOT YET APPROVED (4) Low-Density Residential Transitions Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through: No Co Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses (Figure 4-1); (Figure 4-1) Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-1 and R-2 zone requirements (Figure 4- 2); Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring existing ii future development properties (Figure 4-3); D.Minimizing sight lines into and from neighboring properties (Figure 4-3); E.Limiting sun and shade impacts on abutting properties; and F.Providing pedestrian paseos and mews to create separation between uses. and o~’~enta~ion of bulldngs ~hat re~,ct ar/d mirror the rna~ng of nelgl~bodng (Figure 4-2) "~ "~"~’ExletJng SF HomesCombination hedges for (Figure 4-3) 061011 syn 0120175 25 NOT YET APPROVED (5)Project Open Space Private and public open space shall be provided so that it is usable for the residents, visitors, and!or employees of a site. A. The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy; Open space should be sited and designed to accommodate different .activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public) Co Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings; Do Usable open space may be any combination of private and common spaces; E°Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops) (Figure 5-1); F°Open space should be located to activate the street fagade and increase "eyes on the street" when possible (Figure 5-1); Go Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement; (Figure 5-1) 061011 syn0120175 26 NOT YET APPROVED No Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces (Figure 5-2); and Parking may not be counted as open space. (Figure 5-2) (6)Parking Design Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that: No No Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.; Structured parking is fronted or wrapped with habitable uses when possible (Figure 6-1); Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art; Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots (Figure 6-2); Parking podiums shall be fronted or wrapped w~h habitable or active uses when possible, (Figure 6-1) L~ndsraping such as trees, shrubs, vines o" ground cover is incorporated into sUrface parking lots, (Figure 6-2) 061011 syn 0120175 27 NOT YET APPROVED No Go No For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 6-3); Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming; For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet); Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements (Figure 6-4); and Parking is accessed from side streets or alleys when possible. D~ndscaping shall prc~clde a v~sual buffer between vehicle areas and adjacent proper tie~. (Figure 6-3) %"hen passible, adjacent properties are strongly ,encouraged to share drS,,evvays to limit curb cuts. (Figure 6-4) 061011 syn 0120175 28 NOT YET APPROVED 40 ft height limit~ daylight plane ~.~-- 12’ effective sidewalk width (Figure 6-5: Mixed-Use with Surface Parking) lOft daylight plane effective sidewalk w dth (Figure 6-6: Mixed-Use with Parking Podium) 20 ft "~"\\\x daylight plane ~. ~ 12’ effective sidewalk width (Figure 6-7: Mixed-Use with Partial Sub-Grade Parking Podium) 40 ft 12’ effective sidewalk width (Figure 6-8: Mixed-Use with Below-Grade Parking Podium) 061011 syn 0120175 29 NOT YET APPROVED (7.)Large (multi-acre) Sites Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that: No No Co New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto’s Bicycle Master Plan, when applicable); The diversity of building types increases with increased lot size (e.g., <1 acre--minimum 1 building type; 1- 2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 7-1 through 7- 3); and Where a site includes more than one housing type, each building type should. respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single- family residences) (Figures 7-2 and 7- 3). (Figure 7-1) (Figure 7-2) (Figure 7-3) hz~ I00% r~identi~I buildings as part of the mrx~d-use concept 061011 syn 0120175 30 NOT YET APPROVED (8) Sustainabili _ty and Green Building Design Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design: No Do Go Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 8-1). Design landscaping to create comfortable micro-climates and reduce heat island effects. Design for easy pedestrian, bicycle, and transit access. Maximize onsite stormwater management through landscaping and permeable pavement (Figure 8-2). Use sustainable building materials. Design lighting, plumbing, and equipment for efficient energy and water use. Create healthy indoor environments. Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements. t W"- S°uth facing wind°ws w~h ~_.__~ shading devices to contmi Dire~ suNight, through ,Mndows would improve the p~sive b~afing inWint~ Use of Shading Devices t~ Con~ Solar tc~ds in Summer and ~aln.Passlve heat hWlnter, (Figure 8-1 ) Niniroize storrnwater ~-dnoff to imperrniable areas with landscaping, green roofs, and swales when pe-~sible. (Figure 8-2) 061011 syn 0120175 31 NOT YET APPROVED Jo Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment. Encourage installation of photovoltaic panels. ~ncourage installation of photovolbaic panels. (Figure 8-3) Building integ’~ed PV~s 061011 syn 0120175 32 NOT YET APPROVED SECTION 4. This ordinance shall be effective 30 days after the date of its adoption. Notwithstanding any other provision of this ordinance or the Palo Alto Municipal Code, all applications submitted prior to the effective date of this ordinance shall be subject to the PAMC Title 18 Zoning Regulations in effect on the date the application is received by the City. INTRODUCED: PASSED: AYE S: NOES: ABSENT: AB S TENTIONS: NOT PARTICIPATING: ATTEST: City Clerk APPROVED AS TO FORM: Senior Deputy City Attorney Mayor APPROVED: City Manager Director of Planning & Community Environment 061011 synO120175 33 Attachment E Commercial Zoning Districts o o City of Palo Alto "~TJ,(~:>:~