HomeMy WebLinkAboutStaff Report 180-05TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 4a
CITY MANAGER DEPARTMENT: PLANNING
& COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
MARCH 14, 2005 CMR: 180:05
SINGLE-STORY
REGULATIONS
RESIDENTIAL
REGULATIONS
RELATED R-1
PROVISIONS
ZONING ORDINANCE UPDATE: ORDINANCE ADOPTING A
REVISED SINGLE FAMILY RESIDENTIAL (R-l) CHAPTER
(18.12) OF THE ZONING ORDINANCE (TITLE 18) AMENDING
RELATED DEFINITIONS CONTAINED IN CHAPTER 18.04 AND
RELATED HOME IMPROVEMENT EXCEPTION PROVISIONS
IN 18.76 AND 18.77 AND INCORPORATING RELATED R-1
HEIGHT COMBINING DISTRICT (S)
CONTAINED IN 18.13, RELATED SPECIAL
BUILDING SITE COMBINING DISTRICT
CONTAINED IN CHAPTER 18.15, AND
SINGLE FAMILY INDIVIDUAL REVIEW
CONTAINED IN CHAPTER 18.14 INTO
CHAPTERS 18.12, 18.76 (PERMITS AND APPROVALS) AND 18.77
(PROCESSING OF PERMITS AND APPROVALS) OF TITLE 18
(ZONING ORDINANCE) OF THE PALO ALTO MUNICIPAL
CODE.
RECOMMENDATION
Staff and the Planning and Transportation Commission (P&TC) recommend Council
approval of the proposed ordinance (Attachment A), including Exhibit A, comprising the
revised Single Family Residential (R- 1) Chapter 18.12 of the Zoning Ordinance.
BACKGROUND
Staff brou~lat the stand-alone R-1 chapter to the Council on October 4, 2004 (CMR
437:04). At that meeting the Council directed staff to conduct additional outreach
through community meetings to residents and property owners of single family and other
low-density residential properties in the City. Staff held five community meetings in
November and December 2004, and summarized the meetings for the Planning and
Transportation Commission (P&TC) on December 15, 2004. A discussion of the
community meetings, other outreach surrounding the meetings, the comments received,
and attendance numbers is contained in the December 15th P&TC staff report. This
information was provided to the Council under a separate cover last week. The October
4, 2004 CMR, the December 15, 2004 P&TC staff report, and related community
meeting material is also available on the City andZOU website at
www.cityofpaloalto.org or http://www.cityofpaloalto.org/zoning/.
CMR: 180:05 1 of 9
DISCUSSION
A comprehensive list of comments from the community meetings was included with the
December 15, 2004 P&TC staff report. As indicated in the comments and general
discussion at the community meetings, several issues of key concern to the community
were identified, including:
¯Second stories on substandard lots;
¯Second units;
¯Maximum lot sizes/lot mergers;
¯Location of noise-producing equipment;
¯Single story overlays;
¯Basements; and
¯Contextual setbacks.
Recognizing all the community members who took time to review the code and summary
tables, attend one or more meetings, and provide their comments, staff has reviewed all
of the public comments prior to preparing-this report to Council, but has limited
discussion to the substantive issues identified above. Additionally, a few of the individual
comments comprised minor clarifications or corrections to the code language that did
change the overall intent. Most of these changes were simply incorporated into the code
and ordinance contained in Attachment A, and are listed on the attached errata sheet
(Attachment C). For each of the substantive issues identified, staff has summarized the
public concerns and outlined additional information or options available for Council
review. Under the first two discussion items, second stories on substandard lot and
second units, an alternative consideration for Council is added. After the P&TC meeting
of December 15, 2004, staff also met with the P&TC Low Density Residential Working
goup on January 12, 2005 to go over these alternative considerations and the minor
modifications (errata sheet) to the code.
Second Stories on Substandard Lots
The draft R-1 code, as recommended by the P&TC, proposes allowing second stories on
substandard lots, subject to Individual Review and existing daylight plane requirements
that limit second story development on these narrow lots. Under existing code, a second
story on a substandard lot requires a variance. The existing substandard lot regulations
were developed prior to the adoption of the Individual Review process in R-1. The intent
of the revisions is to allow flexibility for modest expansions of these small homes and to
acknowledge that the Individual Review process now exists to address massing and
privacy issues. There are approximately 468 substandard tots in R-1 and R-1 combining
districts. The average size of substandard R-1 lots is 3,694 square feet (which would
have an allowable floor area of 1,662 square feet). A map of the distribution of
substandard lots was provided to City Council under separate cover and is available on
the ZOU website. Staff has also looked at the pattern of underlying lot lines in the city
and there are 5 general areas where underlying lot lines exist: College Terrace, Ventura,
Old South Palo Alto, Seale Addition (in part), and to a lesser degree in Crescent Park.
Homes in the College Terrace and Ventura neighborhoods are frequently on 50’-60’ wide
CMR: 180:05 2 of 9
lots. Lots with underlying lot lines in Old South Palo Alto are typically larger than those
in College Terrace with 50’-65’ foot wide lots. The neighborhoods near Seale addition
and in Crescent Park have a much lower density of underlying lot lines and the lots are
typically larger with 60’-100’ wide lots. The underlying lots in these two
neighborhoods are often not substandard, according to the zoning definition.
This subject was clearly the most intensely discussed issue at the community meetings.
Many community members had concern about the number of these lots (particularly in
College Terrace where 25’foot wide substandard lots are common) and the potential for
second stories that could be out of character with small adjacent homes. In order to
address these concerns at the community meetings, staff offered two specific suggestions
to further limit the size of second stories, including:
1) Limiting the height of homes to 24 feet to reduce the impacts to neighborhood
character; and/or
2) Allowing second stories only on lots geater than 25 feet in width. This would
also preclude the potential for building second stories on the many underlying
lot lines that could create 25-foot wide lots, particularly in College Terrace.
Several members of the public strongly supported retaining the current single story
restriction for substandard lots, though there was also some support to provide for second
story application and review, at least with some limitations. Other ideas from the public
included a proportional height restriction based on the width of the substandard lot and
limits of the daylight plane and a more context-based application to allow second story
homes only where there is not a clustering of substandard lots. There are a variety of
other options that could be considered to limit second story impacts on substandard lots,
including restricting the size of the second story (e.g. 25% of total house size or 30% of
the allowable floor area), and/or limiting further encroachments into setbacks or daylight
planes. The Low Density Residential Working Group recommended that when
substandard lots are upgaded, including potentially adding second stories under the
current recommendation, that the development must meet the existing code requirements,
including parking requirements. The Working Group incorrectly thought that the City
was possibly prompting more curb cuts by requiring this. Staff subsequently inspected
areas with substandard lots to find that where some lots do not have required parking on-
site, the majority of substandard lots already have driveways/curbcuts and provide some
parking on-site.
Alternative recommendation: Allow second stories on substandard lots, but
with a maximum of 24 feet in height and only on lots with widths of 30 feet or
~eater. All second story additions would be subject to the Individual Review
process. Also, direct staff to monitor the number and impacts of second stories
built on substandard lots and to report back to the P&TC annually. Staff believes
this effectively addresses the potential for second stories on narrow substandard
lots or underlying narrow lots, for lots that qualify to keep the second story to a
compatible scale by limiting the height to 24 feet, and providing for a punic
review process for each proposal.
CMR: 180:05 3 of 9
Second Dwelling Units
The proposed code includes revisions to encourage second dwelling units, including
allowing small (less than 450 square feet) units on lots meeting the minimum R-1 lot size,
with reduced parking requirements for smaller units. The proposed revisions also include
larger attached units (up to 900 square feet), and permitting second story units subject to
the Individual Review process. The maximum size of 900 square feet and other
development standards, such as setback requirements and overall site floor area
limitations, would be retained. These revisions are intended to implement City housing
policies, particularly Housing Element Progam H-7, which states (in part):
"Evaluate the provisions for second dwelling units in single family areas to
determine how additional units might be provided" including "increased
flexibility in the regulations such as reduced parking requirements, limiting the
maximum size of the unit, allowing for attached units, and reducing the minimum
lot size requirement."
Regarding State Legislation that has been directed at provisions for second units in
single-family zones, AB 1866 (Wright) is the only legislation that has been adopted and
gone into effect. This was adopted in September 2002. Subsequent to it becoming
effective, the R-1 Zoning District was amended to comply with the basic provisions of
that legislation and these provisions are in the existing Chapter 18.12. Other legislation
has been proposed addressing second units. However, these have either been vetoed
(AB27022) or did not make it out of Committee (ABll60). As far as this year, nothing
yet has been introduced specifically on second units. As mentioned above, in addition to
implementing AB 1866, the proposed revisions in this CMR are also intended to
implement specific Housing Element Progams adopted by the City Council (H-6, H-7,
and H-8).
Comments and questions received from community members indicated a wide range of
opinions and some confusion as to the existing standards for second dwelling units.
Some community members were concerned about relaxing any of the standards for
second units, especially the minimum lot size requirement, because many more of these
units could be constructed and potentially exacerbate traffic, parking and noise. Other
community members were supportive of the changes and indicated that they were a good
step towards encouraging second dwelling units as the Comprehensive Plan directs.
Some community members encouraged the City to go slightly further than the proposal
by treating R-1 combining districts which tend to be larger in size the same as smaller R-
1 parcels in regards to allowing a small second unit (up to 450 square feet) on lots of
7,000 square feet or more. Additionally, there were several comments that indicated a
lack of understanding of the purpose of accommodating additional second units and what
is already permitted under present zoning and State law, as well as the Comprehensive
Plan policies. Staff has created a "question and answer" handout (Attachment E) to
provide further back~ound information on second units, and has made this available at
City offices and on the zoning website.
CMR: 180:05 4 of 9
Considering the concern regarding increased development of second units in R-l, staff
researched the number of building permits issued for the approximately 3,000 single-
family lots that are now eligible to have second units, in order to develop a typical rate of
development. In 2004, 2 building permits were issued for the construction of second
dwelling units in single-family zones (in 2003 the number was also 2, and 3 were issued
in 2002). This indicates that new second units are requested for only about 1/10 of one
percent (0.00098) of eligible properties per year. Attachment E contains the Summary of
Second Unit Analysis. Under the proposed regulations (allowing a smaller second
dwelling unit for lots meeting minimum lot size requirements (6,000 square feet in R-l),
approximately 7,800 additional R-1 and R-1 combining district lots could be eligible for
second units, considering lot size alone. If a similar percentage of these property owners
avail themselves of this opportunity, an additional 8-second dwelling units could be built
within the City annually. Most of those would be smaller units, providing geater variety
and affordability to the City’s housing stock. Staff believes that the revisions are not
likely to result in an excessive number of new second units, but will monitor construction
and report to the P&TC on an annual basis. Alternatively, requiring an increased
minimum lot size for a small second unit could reduce the potential total number of units.
The P&TC and staff recommendation is to adopt the proposed changes, including a
minimum lot size of 6,000 square feet for a small (up to 450 square feet) second unit, and
direct staff to monitor the number of second units built and related issues and report
annually to the P&TC.
Alternative recommendation: In place of the 6,000 square feet minimum lot size
for small second dwelling units in R-l, set the minimum lot size required for a
second dwelling unit at 7,000 square feet for both R-1 and R-1 combining
districts. At the 7,000 square feet minimum lot size, approximately 2,400
additional R-1 district lots and 1,800 R-1 combining districts could be eligible for
second dwelling units. At the development rate discussed above, staff would
anticipate an additional 4 second dwelling units in R-1 and R-1 combining
districts to be constructed each year.
Other Issues:
Additional issues were commented on by some speakers at the community meetings.
While staff does not believe that the comments justify modifications to the P&TC/staff
recommendation as presented in the ordinance, these comments are noted below.
Maximum Lot Size/Loss of Housing Units - While there was general support for the
P&TC/staff recommendation to establish maximum lot sizes, representatives from the
Realtors Association objected to the loss of flexibility for buyers/sellers and
characterized the recommendation as a "solution in search of a problem". The
proposed provisions are intended to implement Housing Element Progam H-5 which
states (in part):
CMR: 180:05 5 of 9
"Address the loss of housing due to the combination of single family
residential lots. Consider modifying the R-I zoning district to create a
maximurn lot size to prevent the loss of housing or housing opportunities."
The proposed R-1 chapter includes the creation of maximum lot sizes that are just less
than twice the minimum lot size (and 9,999 square feet in R-l) to discourage lot
mergers that could result in the reduction of potential housing (buildable lots) in the
city and would protect against construction of larger homes after the lot merger that
could be out of character for the neighborhood. Exceptions are provided for cases
where lot mergers are required to eliminate nonconformities and to allow for lot
mergers that do not reduce the number of potential housing units. Staff has continued
to work with the realtors, but feels that the current proposal implements the
Comprehensive Plan/Housing Element policy. Staff researched Certificates of
Compliance that were filed for single family residential parcels over the last 5 years.
Certificate of Compliances are filed with the Public Works Department for lot
mergers, lot line adjustments, removal of underlying lot lines, and lot splits. A
majority of the certificates filed were for the removal of underlying lot lines (52 over
the last 5 years), where typically a single-family home is improved upon through an
addition or replacement with a new single family home. The removal of underlying
lot lines where units are not lost would continue to be allowed under the proposed
maximum lot size exceptions. However, over the last 5 years there were 9 lot
mergers that resulted in the loss of 5 housing units in the City that under the proposed
regulations would not be allowed (Attachment E contains a Summary Analysis of Lot
Mergers).
Noise Producing Equipment - The proposed R-1 code would require that noise-
producing equipment be located out of the required setbacks and that such equipment
be housed and insulated. The intent of the regulation is to minimize potential noise
impacts on neighbors. The community indicated general support for this provision but
some questioned details such as whether "housed and insulated" is feasible, how it
would implemented, and whether it was necessary given noise reduction in newer
equipment. Other members of the community expressed concern that the existing
noise ordinance was not adequate to enforce the noise intrusions from equipment. It
was suggested that the zoning ordinance contain more specific noise standards for
enforcement. The Building Department has also questioned the "housed and
insulated" requirement and suggested instead that the equipment be located outside of
setbacks and required to demonstrate compliance with the noise ordinance, which
may then not require that it be housed and insulated. Staff will continue to work with
the Building Division to define possible approaches while allowing some flexibility.
It is expected that such guidance and flexibility will be provided administratively with
the aid of the Building Department subsequent to adoption of the R-1 ordinance.
o Single Story (S) Overlay - The intent of the proposed revisions is to codify provisions
of the current Council policy (single story overlay guidelines) and to establish
percentages for clarification of some undefined terms such as "overwhelming
support" and "predominant single story character". The revisions also apply a similar
CMR: 180:05 6 of 9
process to remove a single story overlay. There was general support in the
community for putting the guidelines and process in the code, as well as for clarifying
some of the terms and process. A community member suggested to staff following
the Commission meetings a slight modification of the (S) overlay removal process so
that instead of the 70% support (60% if CC&Rs are present) used to establish an (S)
overlay, the removal would require 70% support (even if CC&Rs are present) to
remove. It was not staff’s intent to make it any easier to remove an (S) overlay than it
is to apply one, and this correction has been made to the code. A few community
members expressed preferences for either higher or lower percentage numbers for
"overwhelming support," as compared to the proposed 70% (60% if single story deed
restrictions apply). One speaker also suggested establishing a height requirement
with each single story overlay to allow for a specific height, perhaps less than the
current 17 foot height restrictions (with referencing similar regulations in Mountain
View). Staff contacted the City of Mountain View planning staff who indicated that
an overlay to establish a specific height has not been applied anywhere in the city.
Instead, its -H overlay, similar to Palo Alto’s -S overlay has been applied to establish
single story limitations. A single-family single story structure in Mountain View is
defined as up to 24 feet in height. Staff believes that the current regulations have
been well established and that further changes would create potential inconsistencies,
nonconformities and increased disageement between neighbors.
Basements - The intent of the proposed R-1 revisions is to provide some added
flexibility for basement light wells and below-grade patios to address one of the
"Parking Lot" issues (a list of items that could not be addressed, but are goals for the
future) from the Single Family Advisory Committee process. Several members of the
community expressed concerns about basements during the meetings, some indicating
that they should be counted toward floor area if they are habitable and some
concerned about the construction effects of basements, particularly the cumulative
effects of pumping on neighboring sites and on goundwater hydrology. At the
P&TC hearings, an analysis conducted by a consulting hydroloNst was presentedl
indicating that no significant impacts on either groundwater levels or on neighboring
properties should occur, given the size and depth of Palo Alto’s aquifers, as welt as
the increased level of review of basements by the Public Works Department.
Planning staff believes the minor modifications are appropriate and Public Works’
standards address these construction concerns.
Contextual Setbacks - Modifications to the R-1 regulations included clarification of
how contextual setbacks are calculated and provided that contextual setbacks would
not be applicable unless the average setback for the block is at least 30 feet, A few
speakers asserted that 30 feet is excessive and could result in new homes or additions
with front setbacks out of character with other homes on the block. P&TC and staff
believe that the 30-foot threshold focuses the contextual setback requirement on
neighborhoods with substantially geater setbacks than 20 feet and avoids conflicts
between neighbors and/or staff regarding minor (2 or 3 foot) differences in setbacks.
CMR: 180:05 7 of 9
RESOURCE IMPACT
The implementation of the proposed ordinance is not expected to significantly impact
staff resources or the City’ s budget. The standard community facilities impact fee for
second dwelling units ($3,723) would apply to those additional units that could be
developed in the city (4-8 additional units per year depending on the minimum lot size
chosen). Some additional staff time will be required to initially call out all the proposed
changes to both staff and the public. Through the discussion on contextual front setbacks,
staff has agreed to memorialize contextual front setbacks for blocks as applications come
in or as Planning staff time allows. Staff anticipates that the clarifications and
reformatting of the regulations will result in an ordinance that is more readily accessible
and understood by applicants and staff, with no increase in the time or resources required
for staff review.
POLICY IMPLICATIONS
Recommendations of this staff report are consistent with the overall land use and housing
goals of the Comprehensive Plan, which are listed in the discussion above and also
contained in the May 26, 2004 P&TC staff report. 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
are a sigaaificant step in that direction.
ENVIRONMENTAL REVIEW
The proposed R-1 Chapter changes are covered by the environmental analysis conducted
for the adoption of the Comprehensive Plan. The Comprehensive Plan Environmental
Impact Report (EIR) was certified by the City Council on July 20, 1998. The Addendum
to the Comprehensive Plan EIR was adopted by the City Council on December 2, 2002
with the update to the Housing Element policies and programs. The proposed revisions
to the R-1 district are not changes to or new information not analyzed in previous
environmental analysis. Additionally, they do not have any additional significant
environmental effects or increase any previously analyzed effects that were contained
within the Comprehensive Plan EIR and Addendum EIR.
ATTACHMENTS
Attachment A: Proposed Ordinance Adopting Changes to the R-1 Chapter (18.12) and
Exhibit A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Definitions (18.04) of the Zoning Code
Final (Clean) Version of R-1 Code
Summary of Changes being made to the R-1 Chapter
Errata Sheet (Corrections to R-1 Code)
Edited (Redlined) Version of R-1 Code & Definitions (Chapter 18.04)
Additional Staff information and analysis
Comment letters/e-mails
CMR: 180:05 8 of 9
PREPARED BY:
A./~ LUS~’RDI
/~"Planning Manager
Director of Planning and Community Environment
CITY
;ON
Assistant City Manager
CMR: 180:05 9 of 9
NOT YET APPROVED ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO UPDATING THE R-I ZONE DISTRICT REGULATIONS,
THE R-I INDIVIDUAL REVIEW PROCESS, AND THE HOME
IMPROVEMENT EXCEPTION PROCESS OF TITLE 18
[ZONING]OF THE PALO ALTO MUNICIPAL CODE BY
AMENDING CHAPTERS 18.04, 18.08,18.12,18.13,
18.14,18.15,18.77,18.88 AND AMENDING
CROSS-REFERENCES IN VARIOUS OTHER CODE SECTIONS
The Council of the City of Palo Alto does ORDAIN as
fol!ows:
SECTION i. Findings and Declarations.
finds and declares as follows:
The City Council
(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 the R-I
district. 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. Many modifications to the R-I
district have been made since that time, resulting in a code
that is disorganized and difficult to read and implement.
(d) On August 6, 2001, the Palo Alto City Council
approved an Individual Review Process for single-family homes.
The program requires review for al! new two-story homes, new
second story additions, and additions to an existing second
story greater than 150 square, feet. This program went into
effect on November 19, 2001.
(e) On October 29, 2003, and December 15, 2003, the
Department of Planning and Community Environment presented the
second annual report on the Individual Review program to the
Planning and Transportation Commission and City Council,
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NOT YET APPROVED
respectively. That report recommended several minor adjustments
to the Individual Review process and ordinance language.
(f)Input from the City Council, the Planning and
Transportation Commission, the Department of Planning and
Community Environment, and the community during review of home
improvement exceptions has revealed the need to revise the home
improvement exception.
SECTION 2.
following:
Purpose. This ordinance will accomplish the
(a) Reorganize and update the various chapters
applicable to the R-I single=family areas of the City to improve
usability and clarify the code language;
(b) Implement programs in the Palo Alto comprehensive
plan relating to low-density residentia! districts;
(c) Revise the regulations governing Planning permit
processing to enable home improvement exceptions (HIEs) and
Individual Review approvals to be processed in the same manner;
(d) Revise the findings required for approval of
HIEs, and place specific limitations on such exceptions; and
(e) Clarify code
Individual Review approvals.
language applicable to HIEs and
SECTION 3. Summary of Code Changes.
this ordinance will be accomplished by:
The purpose of
(a) Amending and restating Chapter 18.12 (R-I Single-
Family Residence District Regulations) in its entirety;
(b) Amending and consolidating chapters 18.13
(Single-Story Height Combining District (S) Regulations), 18.14
(R-I Single Family Individua! Review), 18.15 (Special
Residential Building Site Combining District Regulations), and
section 18.76.060 (Home Improvement Exception) into chapter
18.12;
(c)
Approvals ) ;
Amending Chapter 18.77 (Procedure for Permits and
(d)Amending Chapter 18.04 (Definitions);
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(e) Relocating to Chapter 18.12 parts of Chapter
18.88 (Special Provisions and Exceptions) specifically
applicable to the R-I district; and
(f)
sections.
Amending cross-references in various other code
SECTION 4. Paragraph (3) of subsection (a) of section
18.040.030 (Definitions) of Title 18 zoning) is hereby amended
to read as follows:
(3) "Accessory building or structure" means a
building or structure which is incidental to and customarily
associated with a specific principa! use or facility, and which
meets the applicable conditions set forth in Chapter
~i8.12~080.
SECTION 5. Paragraph (4) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] is hereby deleted.
SECTION 6. Paragraph (15) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(15) "Basement" means that portion of a building
between the lowest floor and the ceilinq above, which is fully
below grade or partly be!ow and partly above grade, but so
located that the vertica! distance from grade to the floor below
is more than the vertica! distance from grade to ceiling.
SECTION 7. A new paragraph (15.5), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(!5.5) "Bed and Breakfast" iodcinm means the furnishinm
of rooms or grou~s of rooms ecuimoed remulariv to mrovide
iodginq by mrearranGement and for compensation ior short ~eriods
of cime and no~ to exceed six gues: rooms. Heals may or may not
be ~rovided~ buc there is one com~mon kitchen facility.
SECTION 8. Paragraph (24.5) of subsection (a) of
section 18.04.030 (Definitions) of Title 18 [Zoning] of the Palo
Alto Municipal Code is hereby amended to read as follows:
(24.5) "Carport" means a portion of a principal
residential building or an accessory building to a residential
use designed to be utilized for the shelter of one (i) or more
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motor vehicles, which is open (unenclosed) on =wc o= more
~=ncludZnq on the vehicular entry side:~d ~,~.~h&...ch has nc
tha: :k~s-~r_:idct -:7:clcsc£ arid which is ccvered wizh a solid rocf.
SECTION 9. A new paragraph (41.5) is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
(41.5) "Director" means the director of planning and
community environment or his or her designee.
SECTION i0. Paragraph (43) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(43)Day Care Home.
(A)"Family day care home" means a home licensed by
the state or county which regularly provides care, protection,
and supervision of twclvo or fowcr for four~ee~ or fewer
children ~m~r ~ a~o ~ c:~:cen, in the provider’s own home
for periods of less than twenty-four hours per day, while the
parents or guardians are away and includes the following:
(i)"Large family day care home" means a home which
provides family day care ~ ~cven to twcivc chi!drenfor seven to
fourteen children, inclusive, including children under the age
cigh~een of ten who reside at the home~ subject to the
recuirements of State Heai:h and Safezv Code §1597o465. ~
tcrm includcs, but is nct iimizcd :o~sci~
prcschools, and similar facili:=es.
(ii) "Small family day care home" means a home which
provides family day care ~ s~for ~.... ~:~ or fewer children,
including children ~,~ ........._ -.~ .......~__~ ace of ~en who reside
at the home subjec< :o the ~= - .....=~n~~ .....,~@ ......~ .....s of czar= Health and
~o.~e~v Code §1597 ~ ~-~s term &~-!~x~.~ ~ is not limited to
nurscry schocls; preschoc:is~ ansi similar iaciiitics.
(B)"Adult day care home" means use of a dwelling
unit or portion thereof, licensed by the state or county, for
daytime care and supervision of twelve or fewer persons, above
the age of eighteen, and includes the following:
(i) "Large adult day care home" means a home which
provides daytime care of seven to twelve adults.
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(ii) "Small adult day care home" means a home which
provides daytime care to six or fewer adults.
SECTION Ii. Paragraph (44) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
’~=n ......:o :.rovlde for !ich<(44) "Daylight plane is ::~ ....
arid air~ and <~, !~m~t ~= ~m~a~rs ~,~ ~--~- and on ad~acenL.............. ~ .....~O~Y~mass
whet, cor~ined ",’~,,: ~:: the ....... maximum heiqh< i{ m~ t , defines
b~: ~nc envelope within which all new snructure~ or ~dd{ ~
must be conZained. The daylight <~iane is an inclined plane,
beginning at a stated height above average grade,as ~_e~=~~ n~-~; in
~~e__ develomment s~andards for each zone district, ~nc~ " =-~-<m;.~x~e_~.=n~
into ~he ~{te an a stated .... ~--~s " ’ " ~.
the maximum heich: iimito ~The average grade bc=ns ~ ~<-, ior
~he mur~ose of determininq :he ~--~= si ~.,y=~=e ane, is the average of
the grade at the midpoint of the building and the grade at the
closest point on the abutting ~io~ Line., and ox~endinc
~nc si<~ a~ a tcd .... ~,- ~ - ........... The
daylight plane may fur:her limit the height or horizontal extent
of the building at any specific point where the daylight plane
is more restrictive than the height limit applicable at such
point on the site. The daylight plane shall be measured
separately for each building on a lot, and separately for each
side of each building.
SECTION 12. Paragraph (46) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(46) "Dwelling unit" means a room or group of rooms
including living,sleeping,eating,cooking,and
sanitationiba~hinc facilities, constituting a separate and
independent housekeeping unit, occupied or intended for
occupancy onc family on a nontransient basis and having not
more than one kitchen.
SECTION 13. Paragraph (46.5) of subsection (a) of
section 18.04.030 (Definitions) of Title 18 [Zoning] of the Palo
Alto Municipa! Code is hereby amended to read as follows:
(46.5} "Dwelling unit, second" means a separate and
commiete dweiiinc unit, o:her than and subordinate to the main
dwei!inq unit, whether a mart of the same structure or detached,
on ~he same residential lot.
5012104 syn 6030042
NOT YET APPROVED
SECTION 14. Paragraph (59) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
SECTION 15. Paragraph (64) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows:
(64) Grade.
(A) "Grade," in al! districts other than the ~-~ and R-I
residence districts means the lowest point of adjacent ground
elevation, of the finished surface of the ground, paving, or
sidewalk, excluding areas where grade has been raised by means
of a berm, planter box, or similar landscaping feature, unless
required for drainage, within the area between the building and
the property line, or when the property line is more than five
feet from the building, between the building and a line five
feet from the building. In building areas with natural slopes in
excess of ten percent, "grade" shall mean the adjacent ground
elevation of the finished or existing grade, whichever is lower.
(B) "Grade" in the R-E and R-I residence districts, means,
for each building or structure, the lowest point of adjacent
ground elevation prior to grading or fill, if the site has a
natura! s!ope of 10% or less. For ~-~ and R-I sites with a
natural slope of more than 10% (calculated using the lowest and
highest elevations on the site), "grade" shall mean the adjacent
ground elevation of the finished or existing grade, whichever is
~cuia:ion of "Grade"lower ....cai average the ~ur~ose
decermininc the eav±~c~~ ~ ’ "~,~ane,~= is described in the ~_e~~=~==~ o÷
"Grade ’~
SECTION 16. Paragraph (65) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipa! Code is hereby restated in its entirety to read as
follows:
(65)"Gross floor area" is defined as follows:
(A)Non-residential & Hultifamily Inclusions: For all
zoning districts other than the R-E, R-I, R-2 and RHD residence
districts, "gross floor area" means the total area of all floors
6
012104 syn 6030042
NOT YET APPROVED
of a building measured to the outside surfaces of exterior
walls, and including all of the following:
(i)Halls;
(ii)Stairways;
(iii)Elevator shafts;
(iv)Service and mechanical equipment rooms;
the
(v)Basement, cellar or attic areas deemed usable by
director of planning and community environment;
(vi)Open or roofed porches, arcades, plazas,
balconies,courts, walkways, breezeways or porticos if located
above the ground floor and used for required access;
(vii)Permanently roofed~ but either partially enclosed
or unenclosed, building features used for sales, service,
display, storage or similar uses; and
(viii) In residential districts other than the R-E, R-I,
R-2 and RMD residence districts, al! roofed porches, arcades,
balconies, porticos, breezeways or similar features when located
above the ground floor.
(B) Non-residential & Multifamily Exclusions:For
all zoning districts other than the R-E, R-I, R-2 and RMD
residence districts, "gross floor area" shall not include the
fol!owing:
(i) Parking facilities accessory to a permitted or
conditional use and located on the same site;
(ii) Roofed arcades, plazas, walkways, porches,
breezeways, porticos, and similar features not substantially
enclosed by exterior walls, and courts, at or near street level,
when accessible to the general public and not devoted to sales,
service, display, storage or similar uses.
(iii) Except in the CD District and in areas designated
as special study areas, minor additions of floor area approved
by the director of planning and community environment for
purposes of resource conservation or code compliance, upon the
determination that such minor additions will increase compliance
with environmental health, safety or other federal, state or
7012104 syn 6030042
NOT YET APPROVED
local standards. Such additions may include, but not be limited
to the following:
a. Areas designed for resource conservation, such as
trash compactors, recycling and thermal storage facilities; and
b. Areas designed and required for hazardous materials
storage facilities, handicapped access or seismic upgrades.
(iv) In commercial and industrial districts except in
the CD District and in areas designated as special study areas,
additions of f!oor area designed and used solely for on-site
employee amenities for employees of the facility, approved by
the director of planning and community environment, upon the
determination that such additions will facilitate the reduction
of employee vehicle use. Such additions may include, but are not
limited to, recreationa! facilities, credit unions, Cafeterias
and day care centers.
(C)Low Density Residential Inclusions and
Conditions:In the RE and R-I single-family residence districts
and in the R-2 and RMI] two-family residence districts, "gross
floor area"means the tota! covered area of all of all floors of
a main structure and accessory structures greater than one
hundred and twenty square feet in area, including covered
parking and stairways, measured to the outside of stud walls,
including the following:
(i) Floor area where the distance between the top of
the finished floor and the roof directly above it measures
seventeen feet or more shall be counted twice;
(ii) Floor area where the distance between the top of
the lowest finished floor and the roof directly above it
measures twenty-six feet or more shall be counted three times;
(iii) Carports and garages enclosed on more than one
side shall be included in gross floor area;
(iv) The entire floor area (footprint) of a vaulted
entry feature, whether enclosed or unenclosed, shall be counted
twice in the calculation of gross floor area;
(v) The footprint of a fireplace shall be included in
the gross floor area, but is only counted one time;
(vi) All roofed~porches, arcades, balconies, porticos,
breezeways or similar features when located above the ground
8
012104 syn 6030042
NOT YET APPROVED
floor and more than 50% covered by a roof or more than 50%
enclosed shall be included in the calculation.
(vii)Recessed porches on the ground floor extending in
height above the first floor shall be included once in the
calculation.
(D)Low Density Residential Exclusions: In the RE
and R-I single-family residence districts and in the R-2 and RMD
two-family residence districts, "gross floor area" shall not
include the following:
(i) Basements where the finished level of the first
floor is not more than three feet above the grade around the
perimeter of the building foundation, shall be excluded from the
calculation of gross floor area, provided that iightwells,
stairwells and other excavated features comply with the
provisions of 18.12.070;
(ii) Attic storage space where the distance between
the attic floor and the roof directly above it is less than 5’
in height shall be excluded from the calculation of gross floor
area;
(iii) Two hundred square feet of unusable third floor
equivalent, such as attic space, shall be excluded from the
calculation of gross floor area. Provided, there shall be no
exclusion of floor area if any portion of the unusable third
floor equivalent area has a roof slope of less than 4:12;
(iv) Bay windows shall be excluded from gross floor
area if the bay structure is !ocated at least 18" .above the
interior finished floor level, projects no more than two feet
from the main building wall and more than 50% of the bay area is
covered by windows;
(v) Open or partially enclosed (less than 50%
enclosed) porches-, whether recessed or protruding, located on
the first f!oor shall be excluded from gross floor area, whether
covered or uncovered. Recessed porches located on the first
floor with a depth of less than i0 feet shall be excluded from
the calculation if the exterior side(s) of the porch is open.
(vi) Porte-cocheres and carports completely open on
three or more sides shall be excluded from the calculation of
gross f!oor area.
9012104 syn 6030042
NOT YET APPROVED
(vii) For residences designated on the City’s Historic
Inventory as a Category 1 or Category 2 historic structure as
defined in Section 16.49.020 of the Municipa! code or any
contributing structure within a !ocally designated historic
district, the following gross floor area exclusions apply.
a. New or existing basement area, including where the
existing finished level of the first floor is 3 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 5 feet in height from the floor to the roof above.
All exterior alterations to historic structures shall be subject
to the provisions of 16.49 (Historic Preservation).
Additionally, if the structure includes a second story or second
story addition, the project shall be subject to the provisions
of Section 18.12.110 (Single Family Individual Review).
SECTION 17. Paragraph (66) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby deleted.
SECTION 18. Paragraph (67) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(67) "Height" means, for all districts other than the
R-E and R-I residence districu, the vertica! distance above
grade to the highest point of the coping of a flat roof or to
the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof, except that in the R-
2 and RMD Districts the height of a pitched or hipped roof shal!
be measured to the height of the peak or highest ridge line. In
the R-E and R-I sin~ie famii%~ residence districts, height shall
be measured from the highest point of the structure’s roof,
including wall parapets, to the grade. The height of a stepped
or terraced building is the maximum height of any segment of the
buiidinc.
SECTION 19. Paragraph (75) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as fol!ows.
(75) "Kitchen" means a room designed, intended or used
for cookin~ and the preparation of food and dishwashinc~
Kitchen facilities include the ~resence of major a~iiances or
i0
012104 syn 6030042
NOT YET APPROVED
SECTION 20. Paragraph (82) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Pale Alto
Municipal Code is hereby deleted.
SECTION 21. Paragraph (83) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Pale Alto
Municipal Code is hereby amended to read as follows.
(83) "Lodging unit" means a room or group of rooms not
including a kitchen, used or intended for use by overnight
occupants as a single unit, whether !ocated in a hotel,, _m.onel or
a dwcl!~_~.~ uni2 bed and ~re~’,r~t providing lodging. Where
designed or used for occupancy by more than two persons, each
two-person capacity shall be deemed a separate !odging unit.
thc~o~¢~os~ ~ ,_~= ~~~:2~-<~2~ ~Lal der_.si÷~_,, , each
units shall bc considcrcd thc ...... -<~-- .... r of cnc dwcilins
SECTION 22. Subparagraph (B) of paragraph (84) of
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Pale Alto Municipa! Code is hereby amended to
read as follows.
(B)"Flag lot" means an interior lot on which the
buildable area is located to the rear of a lot abutting a
street, and which has access to the same street only .by means of
a narrow driveway.
SECTION 23. A new paragraph (113.1), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Pale Alto Municipal Code to read as follows:
{123~!}"Porch’~means a rocfed open area~ a:tached
Du=one w~ch @~rect acp~ Lo
:~_=~.....e ease see ini2 for "vaulted feature
for similar structures mrea:er ~han 12 feet in heiqht~
SECTION 24. A new paragraph (114.2), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Pale Alto Municipal Code to read as fol!ows:
ii14.2] "Porte-cochere’~ means a covered s:ruc:ure
attached to a residence or adiacen< to a residence and erected
over a driveway~ which is comm!eteiv open on three or more sides
and used for the temmorary unioadinm and ioadinc of vehicles,
ii012104 syn 6030042
NOT YET APPROVED
SECTION 25. A new paragraph (114.3), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
ochers, c~om~,lete or a~sol&ce ~rive.cv is no~ a reaiiscic
SECTION 26. Paragraph (127) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(127) "Screened" means shielded, concealed and
effectively hidden from view at an elevation up to eight feet
above ground level on adjoining sites, or from adjoining
streets, within ten feet of the lot line, by a fence, wall,
hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof. "Par:iailv screened" means
the direct view oi an iden<~fied obiecz is interrupted as viewed
from a speciiicaiiv referenced van%ace
SECTION 27. A new paragraph (127.5), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
-[Zoning] of the Palo Alto Municipal Code to read as follows:
(127.5) "Secretary of the Interior’s Standards for Historic
Rehabilitation" means the Secretary of the United States
Department of the Interior’s Standards for Rehabilitation of
Historic Buildings, issued by the National Park Service (36 Code
of Federal Regulations Part 67), together with the accompanying
interpretive Guidelines for Rehabilitating Historic Buildings,
as they may be amended from time to time.
SECTION 28. Paragraph (132) of subsection (a) of section
18.04.030 (Definitions) of Title 18 [Zoning] of the Palo Alto
Municipal Code is hereby amended to read as follows.
(132) "Single-family use" means the use of a site for
only one dwelling unit ancl, where
unic.
SECTION 29. Paragraph (134) of subsection (a) of
section 18.04.030 (Definitions) of Title 18 [Zoning] of the Paio
Alto Municipa! Code is hereby amended to read as follows:
012104 syn 6030042
12
NOT YET APPROVED
SECTION 30. A new paragraph (143.5), is added to
subsection (a) of section 18.04.030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code to read as follows:
SECTION 31. Subparagraph (E) of paragraph (146) of
subsection (a) of section 18.04/030 (Definitions) of Title 18
[Zoning] of the Palo Alto Municipal Code is hereby amended to
read as fo!lows.
(E) "Street yard" means a yard adjoining a street lot
line, other :ban the front lot !ine.
SECTION 32. Section 18.08.020 of Chapter 18.08
(DESIGNATION AND ESTABLISHMENT OF DISTRICTS) of Title 18
[Zoning] of the Palo Alto Municipal Code is hereby amended to
read as fo!lows:
//
//
//
//
//
//
//
//
//
13012104 syn 6030042
NOT YET APPROVED
18.08.020 Designation of combining districts.
In addition to the classes of general districts set
forth in Section 18.08.010, the following combining districts
are established and designated:
Zoning District Chapter
Map Name Number
Designation
S Single-story height combining 18.12
district
(20,000;I0,000;Special residential building 18.12
8,000; 7,000)site combining district
NP Neighborhood preservation 18.30
combining district
CC(2)Community commercial 18.44
combining district
R Retail shopping combining 18.46
district
p Pedestrian shopping combining 18.47
district
H Hote! combining district 18.48
GF Ground floor combining 18.50
district
GM(B)General manufacturing 18.57
district
3,5 Limited industrial site 18.63
combining district
L Landscape combining district 18.70
D Site and design review 18.82
combining district
HW Hazardous waste facility 18.85
combining district
N Nonconforming use 18.95
amortization combining
district
SECTION 33. Section 18.08.030 of Chapter 18.08
(DESIGNATION AND ESTABLISHMENT OF DISTRICTS) of Title 18
[Zoning] of the Palo Alto Municipal Code is hereby amended to
read as follows:
18.08.030 References to districts.
Reference within this title to residential districts
generally and as a grouping, includes all districts identified
in this section. Where references are made to more restrictive
or less restrictive residential districts, such references shal!
14
0121~ syn 6030~2
NOT YET APPROVED
apply sequentially between the most restrictive and the least
restrictive.
Residential
District
Restrictive
Reference
RE
R-I (20,000)
R-I (i0,000)
R-I (8,000)
R-I (7,000)
R-I
R-2
RM-15
Most Restrictive
Least Restrictive
SECTION 34. Chapter 18.12 (R-I Single Family Residence
District Regulations) of Title i8 [Zoning] of the Palo Alto
Municipal Code is hereby restated in its entirety to read as
shown in Exhibit A.
SECTION 35. Chapter 18.13 (Single-Story Height Combining
District (S) Regulations) of Title 18 [Zoning] of the Palo Alto
Municipa! Code is hereby deleted.
SECTION 36. Chapter 18.14 (R-I Single Family Review) of
Title 18 [Zoning] of the Palo Alto Municipal Code is hereby
deleted.
SECTION 37. Chapter 18.15 (Special Residential Building
Site Combining District Regulations) of Title 18 [Zoning] of the
Palo Alto Municipal Code is hereby deleted.
SECTION 38. Section 18.76.060 (Home Improvement
Exception) of Chapter 18.76 (Permits and Approvals) of Title 18
[Zoning] of the Palo Alto Municipal Code is hereby deleted.
SECTION 39. A new Section 18.77.075 (Low-density
Residentia! Review Process) is hereby added to Chapter 18.77
(Procedures for Permits and Approvals) of Title 18 [Zoning] of
the Palo Alto Municipal Code to read as follows:
18.77.075 Low-density Residential Review Process
(a) Applications Subject to Low-density Residential
Review Process. The following applications are subject to the
review process set forth in this section:
15
O121~syn 6030042
NOT YET APPROVED
(i) Individual review applications, home improvement
exception applications; and
(2) Other permits and approvals for which such review
process is required by the provisions of this title (Zoning).
(b) Notice of application submittal. Within three
days of submittal of an application, notice that the application
has been submitted shall be given by mail to owners and
residents of property adjacent to the subject property, and
shal! be posted at the subject property until approval, denial
or withdrawal of the application. The notice shall include the
name of the applicant; the address of the proposed project; and
information on when and how comments will be accepted by the
city. The mailed notice shall also include a description of the
project.
(c) Comment Period. The comment period shall be
twenty-one days beginning on the third business day after an
application is submitted. If notice is mailed or posted on a
later date, the comment period shall begin on the later date.
Written comments received by the city during this period shal!
be considered as part of the staff review. Only one comment
period is required. If plans are revised during or following
the comment period, a statement that the plans have been revised
shall be included in the notice of the proposed director’s
decision set forth in subsection (e) o
(d) Decision by the director. Following completion
of the comment period and any staff review:
(i)
decision to
application.
The director shall prepare a proposed written
approve, approve with conditions, or deny the
(2) Notice of the proposed director’s decision shall
be mailed to owners and residents of property adjacent to the
subject property, and any person who has made a written request
for notice of the decision. 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 unless a
request for a hearing is filed.
16
012104 syn 6030042
NOT YET APPROVED
(4) The applicant or the owner or occupier of an
adjacent property may request a director’s hearing on the
proposed director’s decision by filing a written request with
the planning division before the date the proposed director’s
decision becomes final. There shall be no fee required for
requesting such a hearing.
(5) The time limits set forth in this subsection (d)
may be extended upon the written request of the applicant.
(e)Director’s Hearing (upon request).
(i) Following the filing of a timely hearing request
of a proposed director’s decision the director shall hold a
hearing on the application. A hearing request received after
the expiration of the time limits set forth in subsection (d (3)
shall not be considered.
(2) Notice of the director’s hearing shall be mailed
ten days prior to the hearing to the project applicant, to
owners and residents of property adjacent to the subject
property, and to any person who has made a written request for
such notice. Notice shal! include the address of the property,
a brief description of the proposed project, and the date, time
and location of the hearing.
(3) At the time and place set for hearing the
director shall hear evidence for and against the application or
its modification. The hearing shall be open to the public.
(f)Final Director’s Decision
(i) The director shall issue a written decision
approving,approving with conditions, or denying the project
application within fourteen days of the hearing.
(2) Notice of the director’s decision shall be mailed
to the project applicant, the owners and occupants of all
adjacent properties, and any person requesting notice of the
decision. 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 appeal is filed, and a description of how to file
an appeal.
(3) The director’s decision shall become final
fourteen days after the date notice is mailed unless an appeal
17
0121~s~6030042
NOT YET APPROVED
is filed. The director may, for good cause, specify in writing
a !onger period for filing an appeal at the time he or she
issues the proposed decision.
(4) The applicant or the owner or occupier of an
adjacent property may file an appeal of the director’s decision
by filing a written request with the City Clerk before the date
the director’s decision becomes final. The written request
shall be accompanied by a fee, as set forth in the municipal fee
schedule.
(g) Decision by the city council. If a timely appeal
is received by the City, the director’s decision on the
application shall be placed on the consent calendar of the city
council within 30 days. The city council may:
(i) Adopt the findings
director; or
and recommendation of the
(2)Remove the recommendation from the consent
calendar, which shall require four votes, and set the
application for a new hearing before the city council, following
which the city counci! shal! adopt findings and take action on
the application.
(h) Decision by the city council Final.
of the city council is final.
The decision
SECTION 40. Subsection (d) of section 18.77.080 (Notice)
of Chapter 18.77 (Procedures for Permits and Approvals) of Title
18 [Zoning] of the Palo Alto Municipal Code is amended to read
as follows:
(d) Notice by Mail. When notice by mail is required,
the notice shall be mailed to owners of real property as shown
on the latest equalized assessment rolls or such other interim
record as may be provided by the county assessor. When mailing
notice to occupants, using the addresses listed in the city’s
Geographic Information System (GIS) constitutes a good faith
....... e by mail to adiacenteffort to provide such notice ~;,~hen
~rooerty o~,.~ers and residents is remu±red, ~ ~=
means those Dromer:ies sharinc a common ~o~_~u~ w~th
subJecz ~r .... ~-~-; mromerz%’ ~r properties located
ac-~ the street, a~d the next orooerties ~ ....~ : diaqonal±v
a~r~ss the szreet from ~he ~,%~ec:
SECTION
Exception Process
41. Section 18.77.120 (Home Improvement
of Chapter 18.77 (Procedures for Permits and
18
Ol21~syn 6030042
NOT YET APPROVED
Approvals) of Title 18 [Zoning] of the Palo Alto Municipal Code
is hereby deleted.
SECTION 42. The following entry is added to Table 1
(Minimum Off-Street Parking Requirements) of Section 18.83.050
(Schedule of off-street parking, loading and bicycle facility
requirements) of Title 18 [Zoning] of the Palo Alto Municipa!
Code:
Minimum Bicycle
Parking
Requirement
Use Minimum 0ff-Street Parking Spaces Class
Requirement
Single-family
residential
use(including
second single-
family dwelling
units):
(a) In the O-S district:
for the primary dwelling unit,
4 spaces, of which one must be
covered
for a second detached dwelling
unit, 2 spaces, of which one must be
covered
for a second attached dwelling
unit, 1 space
(b) In the R-I district:
for the primary dwelling unit,
2 spaces, of which one must be
covered
for a second dwelling unit
larger than 450 square feet, 2
spaces, of which one must be covered
for a second dwelling unit 450
square feet or smaller, 1 space
(c) In all other districts:
for the primary dwelling unit,
2 spaces, of which one must be
covered
for a second detached dwelling
unit, 2 spaces, of which one must be
covered
for a second attached dwelling
unit, 1 space
SECTION 43. Paragraph (3) of subsection (b) of section
18.88.030 (Location of Accessory buildings) of Title 18 [Zoning]
of the Palo Alto Municipal Code is hereby amended to read as
follows.
19012104 syn 6030042
NOT YET APPROVED
(3) An accessory building shall not be located in a
required interior side or rear yard unless the building is at
least 22 ~£.: mc:crs :seventy-five feet~ from any street line,
measured a!ong the respective !ot line. - ..... " : ~ .... < ......... --~
~ocatcd in =hc rcar yard if
front ...... ~ and ~:.~-’~ foc: fret
SECTION 44. Paragraph (3) of subsection (b) of section
18.88.040 (Separation between buildings) of Title 18 [Zoning] of
the Palo Alto Municipa! Code is hereby amended to read as
follows.
(a) The minimum distance between separate buildings
located on the same site shall be as required by Title 16;
provided. However, accessory buildings in the R i and RE single-
family residence districts shall be separated from the principal
building by at least three feet.
SECTION 45. Paragraph (2) of subsection (a) of section
18.88.090 (Projections into yards) of Title 18 [Zoning] of the
Palo Alto Municipa! Code is hereby deleted.
SECTION 46. Paragraph (3) of subsection (a) of section
18.88.090 (Projections into yards) of Title 18 [Zoning] of the
Palo Alto Municipal Code is hereby deleted.
SECTION 47. Section 18.98.020 (Changes in district
boundaries) of Chapter 18.98 (AMENDMENTS TO ZONING MAP AND
ZONING REGULATIONS) of Title 18 [Zoning] of the Palo Alto
Municipa! Code is hereby amended to read as fol!ows:
18.98.020 Changes in district boundaries.
Changes in the boundaries of districts established by this
title may be initiated by any one of the following actions:
(a) By application of a property owner as provided by
Section 18.98.030;
(b) By motion of the city council, or by motion of the
planning commission, as provided by Section 18.98.040.
~=m,~:~,~ sinqie-s~or%~(c] For creatinq or .......:~ a ~ ........u
district (S} } by a~Diication of an a{~ected property o~^~er as
s, rovided by Section 18.98.035, or by motion of the City Council
or Pianninc Comsission, as ~rovided by Section i8.98.040.
2O
O121~syn 6030042
NOT YET APPROVED
SECTION 48. A new Section 18.98.035 (Application for
Single-Story Overlay Districts.) is hereby added to Chapter
18.98 (AMENDMENTS TO ZONING MAP AND ZONING REGULATIONS) of Title
18 [Zoning] of the Palo Alto Municipal Code to read as follows:
SECTION 49. The City Council finds that the changes
effected by this ordinance are exempt from the provisions of the
California Environmental Quality Act (CEQA), per section 15061
of CEQA Guidelines, because it can be seen with certainty that
there is no possibility that the project will have a significant
effect on the environment.
SECTION 50. This ordinance shall be effective 30 days
after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
21
Ol21~syn 6030~2
NOT YET APPROVED
Director of Planning &
Community Environment
012104 syn 6030042 22
EXHIBIT A
Chapter 18.12
R-1 RESIDENTIAL DISTRICT
Sections:
18.12.010
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
18.12.080
18.12.090
18.12.100
18.12.110
18.12.120
18.12.130
18.12.140
18.12.150
Purposes
Applicable Regulations
Land Uses
Development Standards
Permitted Encroachments, Projections and Exceptions
Parking
Second Dwelling Units
Accessory Uses and Facilities
Basements
Regulations for the Single Story Overlay (S) Combining District
Single Family Individual Review
Home Improvement Exceptions
Architectural Review
Historical Review
Grandfathered Uses
18.12.010 Purposes
Provisions related to the single-family residential (R-l) district, four residential R-1
subdistricts, and the single-story (S) combining district are outlined in this chapter.
Requirements for the RE, R-2 and RMD are included in Chapters 18.10, 18.17, and
18.19, respectively. The specific purposes of each residential district are stated below:
(a)Single Family Residential District [R-l]
The R-1 single family residential district is intended to create, preserve, and
enhance areas suitable for detached dwellings with a strong presence of nature and
with open area affording maximum privacy and oppommities for outdoor living
and children’s play. Minimum site area requirements are established to create and
preserve variety among neighborhoods, to provide adequate open area, and to
encourage quality design. Second dwelling units and accessory structures or
buildings are appropriate where consistent with the site and neighborhood
character. Community uses and facilities, such as churches and schools, should be
limited unless no net loss of housing would result.
(b)Special Residential Building Site R-1 Subdistricts (7,000), (8,000), (10,000),
(20,000)1
The special residential building site R-1 subdistricts are intended to modify the site
development regulations of the R-1 single family residence district, where applied
~ Subdistricts may be reflected on the Zoning Map as R-1(650), R-1 (743), R-1 (929) and R-1(t,858),
respectively, reflecting the minimum lot size in square meters rather than in square feet.
18.12.020 Applicable Regulations
in combination with the R-1 district, to create and maintain single-family living
areas of varying site size and development characteristics, to reflect and preserve
the character of existing neighborhoods.
(c)Single-Story Combining District (S)
The single-story height combining district is intended to modify the site
development regulations of the R-1 single-family residence district, to preserve and
maintain single-family living areas of predominantly single-story character. An
area proposed for a single story combining district should be of a prevailing single
story character, thus limiting the number of structures rendered noncomplying by
the (S) combining district. It is intended that neighborhoods currently subject to
single story deed restrictions be developed in a manner consistent with those deed
restrictions. Furthermore, it is desirable that homes be similar in age, design and
character, ensuring that residents of an area proposed for rezoning possess like
desires for neighborhood preservation and face common home remodeling
constraints.
18.12.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.83 to 18.99 inclusive shall apply to the R-1 district including
the R-1 subdistricts.
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single-family residential districts
are shown in Table 1 :
Table 1: Permitted and Conditional R-1 Residential Uses
P = Permitted Use & CUP = Conditional Use Permit Re~ uired
Accessory facilities and uses customarily incidental to
permitted uses with no more than two plumbing fixtures
and no kitchen facility, or of a size less than or equal to
200 square feet.
Accessory facilities and uses customarily incidental to
permitted uses with more than two plumbing fixtures
(but with no kitchen), and in excess of 200 square feet
in size, but excluding second dwelling units.
Home Occupations, when accessory to permitted
residential uses.
Horticulture, gardening, and gowing of food products
for consumption by occupants of the site.
P
CUP
P
P
18.04.030(3)
18.12.080
18.12.080
18.88.130
2
18.12.040 Site Development Standards
Second Dwelling Units P 18.12.070
Private Educational Facilities CUP
Churches and Religious Institutions CUP
Community Centers CUP
Utility Facilities essential to provision of utility services
to the neighborhood, but excluding business offices,CUPconstruction or storage yards, maintenance facilities, or
corporation yards.
Outdoor Recreation Services CUP
~S~E~IALIUS~S ~
Single-Family P
Mobile Homes P 18.88.140
Residential Care Homes P
Day Care Centers
Small Adult Day Care Homes
Large Adult Day Care Homes
Small Family Day Care Homes
Large Family Day Care Homes
P = PERMITTED USE
Cup
P
CUP
P
P
CUP = CONDITIONAL USE PERMIT REQUIRED
18.12.040 Site Development Standards
(a)Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the R-1 district and the R-1 subdistricts are shown
in Table 2:
18.12.040 Site Development Standards
Table 2:R-1 Residential Development Standards
RqSubdistO
Minimum Site
Specifications
Site Area (ft2)
All lots except flag lots (1)
Flag lots
Site Width (ft)
Site Depth (ft)
Maximum Lot Size
Lot Area (square feet)
Minimum Setbacks
Front Yard (ft)
Rear Yard (ft)
Interior Side Yard(ft)
Street Side Yard (ft)
Maximum Height (as
measured to the peak of the
roof) (ft)
Standard
Maximum height for
buildings with a roof
pitch of 12:12 or greater.
With (S) Combining
Side Yard Daylight Plane
(Excludes street side yards)
Initial Height
Angle (degrees)
Rear Yard Daylight Plane
Initial Height
Angle (degrees)
Maximum Site Coverage:
Single story development
With (S) Combining
Multiple story
development
Additional area permitted
to be covered by a patio
or overhang
6,000I 7,000 8,000 10,000 20,000
As established by 21.20.301 (Subdivision Ord.)
60
t00
9,999 13,999 15,999 19,999 39,999
Setback lines imposed by a special setback map pursuant to
Chapter 20. 08 of this code may. also apply
Contextual (2)
20
6 [ 8
16
18.12.040(d)
30
33(3)
18.12.040(e)
18.12.050
18.04.030 (67)
17 feet; limited to one habitable floor14" ~)
18.12.050
10 feet at interior side lot line(6)
45(6)
16 feet at rear setback line(6)
60(6)
Equivalent to maximum allowable floor area ratio(7)
Equivalent to maximum allowable floor area ratio(7)
35%(7)
18.12.100
18.04.030 (44);
18.12.050
18.12.050
5%
18.04.030 (86A)
2 Subdis~’icts may be reflected on the Zoning Map as R-1(650), R-1(743), R-1 (929) and R-1(1,858),
respectively, reflecting the minimum lot size in square meters rather than in square feet.
4
18.12.040 Site Development Standards
Maximum Floor Area Ratio
(FAR)
First 5,000 square feet of
lot size
Square footage of lot size
in excess of 5,000 square
feet
.45
.3O
Table 3
18.04.65(C)
8.12.040(b)
Maximum
House Size (ft2)6’000(8)
Residential Densi~One unit, except as provided in Section 18.12.060
Parking I See Residential Parking Sec. 18.12.080 !18.83
~a) Minimum Lot Size: Any lot less than the minimum lot size may be used in accordance with the provisions of Section
18.88.050.(2) Contextual Front Setbacks: See Section 18.12.040(e) for application of contextual front setbacks.
(3) R-1 Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum heights
are increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum building
height of 33 feet.(4) R-1 (S) Height Limitations: Habitable floors include lofts, mezzanines, and similar areas with interior heights of five
feet (5’) or more from the roof to the floor, but shall exclude finished basements and shal! exclude attics that have no
stairway or built-in access.
(s) R-1 (S) Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum
height is increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum
building height of 20 feet.(6) R-1 Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is entitled to an increase in
the maximum height, the heights for the daylight planes shall be adjusted by the same amount.(7) Site Coverage: The covering of a court is exempt from the calculation of site coverage provided that the court existed
prior to July 20, 1978.~a) Maximum House Size: The ~oss floor area of attached garages and attached second dwelling units are included in
the calculation of maximum house size. If there is no garage attached to the house, then the square footage of one
detached covered parking space shall be included in the calculation.
(b)Gross Floor Area Summary.
The following table summarizes how "gross floor area" is counted, for the
purpose of compliance with floor area ratio limits outlined in Table 2. "Gross
floor area" means the total covered area of all floors of a main structure and
accessory structures greater than one hundred twenty square feet in area,
including covered parking and stairways, measured to the outside surface of stud
walls, subject to the following inclusions, conditions, and exclusions. For exact
language refer to 18.04(65) Gross Floor Area definition.
18.12.040 Site Development Standards
Table 3: Summary of Gross Floor Area for Low Density Residential Districts
Description Included in GFA Excluded from GFA
Second floor equivalent: areas with heights >17’,/(counted twice)
Third floor equivalent: areas with heights > 26’¢" (counted three times)
Third floor equivalent, where roof pitch is >4:12 ¢" , up to 200 sf of
unusable space
Garages and carports enclosed on more than one ¢"
side
Porte cocheres and carports wdth three or more ,/
sides completely open
Entry feature < 12’ in height ,/ (counted once)
Vaulted entry > 12’ in height ,/ (footprint
Fireplace footprint
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, breezeways
Basements (complying with patio & lightwell
requirements described in 18.12.070)
Attic space where floor to roof distance is _<5’
Attic space where floor to roof distance is >5’
Bay windows (if at least 18" above interior floor,
does not project more than 2’, and more than
50% is covered by windows)
Basement area for Category 1 & 2 Historic
Homes or contributing structure within a
historic district (even if greater than 3’)
Unusable attic space for Category 1 & 2 Historic
Homes
counted twice)
(counted once)
(up to 500 sf)
(c)Substandard and Flag Lots
The following site development regulations shall apply to all new construction on
substandard and flag lots in lieu of comparable provisions in subsection (a).
(1) Substandard Lots
(A) For the purposes of this subsection (c), a substandard lot shall be a lot with a
width of less than 50 feet or a depth of less than 83 feet and an area less than
83% of the minimum area required by the zoning of the parcel.
(B) Development standards:
18.12.040 Site Development Standards
(d)
(c)
(2)
(i)Second story additions or new two-story homes are subject to the
Single Family Individual Review guidelines and review process
described in Section 18.12.110.
(ii)For lots less than 50’ in width, the required street side setback shall be
10 feet.
(iii)Substandard lots shall not be subject to the R-1 contextual garage
placement requirement.
(iv)Site coverage for two-story home: 40%.
Nothing in this subsection (c) shall affect or otherwise redefine the
provisions of Section 18.88.050(a) as to whether a substandard lot may be
used as a lot under this title.
Flag Lots
(A)
(B)
(i)
A flag lot shall be defined as set forth in Section 18.04(84B).
Flag Lot Development Standards:
The maximum height shall be 17 feet, as measured to the peak of the
roof.
(ii)There shall be a limit of one habitable floor. Habitable floors
include !ofts, mezzanines, and similar areas with interior heights of
five feet (5’) or more from the roof to the floor, but exclude
basements and shall exclude attics that have no stairway or built-in access.
The chief building official shall make the final determination as to
whether a floor is habitable.
(iii)
(iv)
Front Setback: 10 feet. Flag lots are not subject to contextual front
setback requirements.
Flag lots are not subject to contextual garage placement
requirements.
Maximum Lot Sizes in R-1 District and R-1 Subdistricts.
This provision limits the potential for lot combinations with a net loss of housing
stock and resultant homes that would be out of scale with homes in the surrounding
neighborhood. In the R-1 district and all R-1 subdistricts, no new lot shall be
created equal to or exceeding two times the minimum lot size prescribed for the
district, except that where 6,000 minimum square foot lots are required in an R-1
district, no new lot shall exceed a maximum lot size of 9,999 square feet, as
prescribed in Table 2. Lots larger than the prescribed maximum size are permitted
only under the following circumstances: (i) where a Village Residential land use is
approved concurrent with the new lot, resulting in no net loss of housing units on
the site(s); (ii) where underlying lots must be merged to eliminate nonconformities
18.12.040 Site Development Standards
(e)
and no net loss of housing units would result; (iii) where an adjacent substandard
lot of less than 25 feet in width is combined with another lot, resulting in no net
loss of housing units on the site(s); or (iv) where the number of resultant lots
increases or stays the same and results in no net loss of housing units.
Contextual Front Setbacks.
The minimum front yard ("setback") shall be the greater of twenty feet (20’) or the
average setback, if the average front setback is 30 feet or more. "Average setback"
means the average distance between the front property line and the first main
structural element, including covered porches, on sites on the same side of the
block, including existing structures on the subject parcel. This calculation shall
exclude flag lots and existing multifamily developments of three units or more. For
calculation purposes, if five (5) or more properties on the block are counted, the
single greatest and the single least setbacks shall be excluded. The street sideyard
setback of corner lots that have the front side of their parcel (the narrowest street
facing lot line) facing another street shall be excluded from the calculations. For
blocks longer than 600 feet, the average setback shall be based on the ten sites
located on the same side of the street and nearest to the subject property, plus the
subject site, but for a distance no greater than 600 feet. Blocks with three (3) or
fewer parcels are not subject to contextual setbacks. Structures on the site in no
case may be located closer than twenty feet (20’) from the front property line.
Contextual Garage 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 shall be
located in the rear half of the house footprint. Otherwise, an attached garage may
be located in the front half of the house footprint. "Predominant neighborhood
pattern" means the existing garage 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 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 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 fronts.
Garage Doors
For garages located within 50 feet from a street frontage, on lots less than 75 feet in
width, the total combined width of garage doors which are parallel to the street
shall not exceed 20 feet.
8
18.12.040 Site Development Standards
(i)
G)
O)
Minimum Permeable Surface in Front Yard
A minimum of 60% of the required front yard shall have a permeable surface that
permits water absorption directly into the soil. Provided, all sites may have an
impervious 16’ x 20’ driveway and an impervious 4’ x 20’ walkway within the
front yard setback.
Special Setbacks.
Where applicable, setback lines imposed by a special setback map pursuant to
Chapter 20.08 of this code shall be followed for the purpose of determining legal
setback requirements.
Certification of Daylight Plane Compliance
Upon request by the building official, any person building or making improvements
to a structure shall provide a certification that the structure, as built, complies with
the daylight plane provisions in subsection (a). Such certification shall be prepared
by a licensed engineer, architect, or surveyor, and shall be provided prior to frame
inspection.
Lighting
Recreational and security lighting shall be permitted only so long as the lighting is
shielded so that the direct light does not extend beyond the property where it is
located. Free-standing recreational and security lighting installed on or later than
March 11, 1991 shall be restricted to twelve feet (12’) in height. Direct light from
outdoor fixtures shall only fall on the walls, eaves, and yard areas of the site on
which it is located. Outdoor fixtures shall have lens covers or reflectors that direct
the light away from the neighboring properties.
Location of Noise Producing Equipment
All noise-producing equipment, such as air conditioners, pool equipment,
generators, commercial kitchen fans, and similar service equipment, shall be
located outside of the front, rear and side yard setbacks. Such equipment may,
however, be located up to 6 feet into a street sideyard setback. All such equipment
shall be insulated and housed and any replacement of such equipment shall
conform to this section where feasible. All service equipment must meet the City
Noise Ordinance in Chapter 9.10 of the Municipal Code.
9
18.12.050 Permitted Encroachments, Projections and Exceptions
18.12.050 Permitted Encroachments, Projections and
Exceptions
The following projections and encroachments into required yards, daylight plane and
height are permitted, provided a projection shall not be permitted to encroach into a
special setback, as established by the setback map pursuant to Chapter 20.08 of the Pa!o
Alto Municipal Code, except as noted in (a)(1)(D) below.
(a)Setback/Yard Encroachments and Projections
(1)Horizontal Additions
Where a single-family dwelling legally constructed according to existing yard and
setback regulations at the time of construction encroaches upon present required
yards, one encroaching side (first floor wall) of the existing structure, at a height
not to exceed 12 feet, may be extended in accord with this section. Only one such
extension shall be permitted for the life of such building. This subsection shall not
be construed to allow the further extension of an encroachment by any building
which is the result of the ~anting of a variance, either before or after such property
became part of the city.
(A)
(B)
Front Yard. In cases where the existing setback is less than 20 feet, but at
least 14 feet, the existing encroachment may be extended for a distance of
not more than 100% of the leng~ah of the encroaching wall to be extended;
provided, that the total length of the existing encroaching wall and the
additional wall shall together not exceed one-half the maximum existing
width of such building.
Interior Side Yard. In cases where the existing setback is less than 8 feet,
but at least 5 feet, the existing encroachment may be extended for a
distance of not more than 100% of the length of the encroaching wall to be
extended but not to exceed 20 additional feet.
(c)Street Side Yard. In cases where the existing setback is less than 16 feet,
but at least 10 feet, the existing encroachment may be extended for a
distance of not more than 100% of the length of the encroaching wall to be
extended, but not to exceed 20 feet.
(D)Special Setbacks. In cases where a Special Setback is prescribed pursuant
to Chapter 20.08 of the Municipal Code, and the existing setback is less
than the Special Setback distance, and at least 14 feet for the front setback
or at least 10 feet for the street side yard setback, the existing
encroachment may be extended for a distance of not more than 100% of
the length of the encroaching wall to be extended, provided that the total
length of the existing encroaching wall and the additional wall shall
together not exceed one-half the maximum existing width of such
building.
10
18.12.050 Permitted Encroachments, Projections and Exceptions
(2)Rear Yard Encroachments for Portions of Homes
A portion of a main building that is less than half the maximum width of the
building may extend into the required rear yard no more than six feet and
with a height of no more than one story, except that for a corner lot having a
common rear property line with an adjoining corner !ot, the building may
extend into the required rear yard not more than ten feet with a height of no
more than one story.
Allowed Projections
(A) Cornices, Eaves, Fireplaces, and Similar Architectural Features
For cornices, eaves, fireplaces, and similar architectural features, excluding
flat or continuous walls or enclosures of usable interior space, the following
projections are permitted:
(i)A maximum of two feet into a required side yard. Fireplaces in a
required side yard may not exceed five feet in width. Fireplaces not
exceeding five feet in width may project into a required side yard
no more than two feet.
(ii)
(iii)
A maximum of four feet into a required front yard
A maximum of four feet into a required rear yard
(B) Window Surfaces
(i)Window surfaces, such as bay windows or ~eenhouse windows,
may extend into a required rear yard a distance not to exceed two
feet, or into a required front yard a distance not to exceed three
feet.
(ii)Window surfaces may not extend into required side yards, with the
exception that one ~eenhouse window with a maximum width of
six feet, framed into a wall, may project into the side yard no more
than two feet. The window surface may not extend into any yard
above a first story.
(C) Detached Storage Structures
Detached storage structures not over six feet in height or twenty-five square
feet in floor area may be located in interior side yards and rear yards
according to the provisions of Section 18.12.080 (b) for accessory structures.
Where the provisions of Section 18.12.080(b) for front and/or street side yard
setbacks are not met,, the following projections are permitted for such
structures:
(i)
(ii)
(iii)
A maximum of two feet into a required side yard
A maximum of four feet into a required front yard
A maximum of four feet into a required rear yard
11
18.12.050 Permitted Encroachments, Projections and Exceptions
(b)
(D) Patios, Decks, Stairways, Landings, Balconies, or Fire Escapes
For uncovered porches (less than 30 inches above grade), patios, decks,
stairways, landings, balconies, or fire escapes the following projections are
permitted, provided these projections are not permitted above the first story:
(i)A maximum of three feet into a required side yard
(ii)A maximum of six feet into a required front yard
(iii)A maximum of six feet into a required rear yard
(E)Canopy or Patio Cover
A canopy or patio cover may be located in the required rear yard or that
portion of the interior side yard, which is more than 75 feet from the street lot
line measured along the common lot line. Such canopies shall be subj ect to the
following conditions:
(i)A canopy or patio cover shall not be more than 12 feet in height.
(ii)The canopy or patio cover shall be included in the computation of
building coverage.
(iii) The canopy or patio cover and other structures shall not occupy
more than fifty percent of the required rear yard.
(iv)The canopy or patio cover shall not be enclosed on more than two
sides.
(F) Pools, Spas, and Hot Tubs
(i) Pools, spas, and hot tubs may extend into a required rear yard a
distance not to exceed fourteen feet, provided that a minimum
setback of six feet from the property line shall be maintained.
(ii)No swimming pool, hot tub, spa, or similar accessory facility shall
be located in any portion of a required front or street side yard.
Height and Daylight Plane Exceptions
) Height Exceptions
Flues, chimneys, and antennas may exceed the established height limit by not more
than 15 feet.
(2)Daylight Plane Exceptions
The following features may extend beyond the daylight plane established by the
applicable district, provided that such features do not exceed the height limit for the
district unless permitted to do so by subsection (b)(1) above:
(A) Television and radio antennas;
(B)Chimneys and flues that do not exceed 5 feet in width, provided that
chimneys do not extend past the required daylight plane a distance
exceeding the minimum allowed pursuant to Chapter 16.04 of this code.
12
18.12.060 Parking
(c)
(D)
Dormers, roof decks, gables, or similar architectural features, provided
that:
(i)the sum of the horizontal len~hs of all such features shall not exceed
15 feet on each side; and
(ii)the height of such features does not exceed 24 feet;
(iii)no single feature exceeds 7.5 feet in len~h; and
(iv)there is a minimum 5 foot separation between each feature.
Cornices, eaves, and similar architectural features, excluding flat or
continuous walls or enclosures of usable interior space, provided such
features do not extend past the daylight plane more than 2 feet.
18.12.060 Parking
Off-street parking and loading facilities shall be required for all permitted and conditional
uses in accord with Code Chapter 18.83 of this title. The following parking requirements
apply in the R-1 district. These requirements are included for reference purposes only,
and in the event of a conflict between this Section 18.12.060 and any requirement of
Chapter 18.83, Chapter 18.83 shall apply:
(a)Parking Requirements for Specific Uses
Table 4 shows the minimum off-street automobile parking requirements for
specific uses within the R-1 district.
Table 4: Parkin ; Requirements for Specific R-1 Uses
Single-family residential use (excluding second
dwelling units)
Second dwelling unit, attached or detached:
>450 sfin size<450 sfin size
2 spaces per unit, of which one must be covered.
2 spaces per unit, of which one must be covered
1 space per unit, which may be covered or uncovered
Other Uses See Chapter 18.83
13
18.12.070 Second Dwelling Units
(b)Parking and Driveway Surfaces
Par-king and driveway surfaces may have either permeable or impermeable paving.
Materials shall be those acceptable to Public Works Department standards. Gravel
and similar loose materials shall not be used for driveway or parking surfaces
within 10 feet of the public right of way.
(c)Parking in Yards
(1)No required parking space shall be located in a required front yard, except as
provided for second dwelling units in Section 18.12.070.
(2)No required parking space shall be located in the first ten feet adjoining the
property line of a required street side yard, except as provided for second
dwelling units in Section 18.12.070.
(d)
(e)
Tandem Parking
Tandem parking shall be permitted for single-family uses and for single-family
uses with a permitted second dwelling unit.
Underground Parking
Underground parking is prohibited for single-family uses, except pursuant to a
variance granted in accordance with the provisions of Section 18.90, in which case
the area of the underground garage shall be counted in determining the floor area
ratio for the site.
Design of Parking Areas
Parking facilities shall comply with all applicable regulations of Chapter 18.83
(Parking Facility Design Standards).
18.12.070 Second Dwelling Units
The following regulations apply to second dwelling units in the R-1 district and all R-1
subdistricts.
(a) Purpose
The intent of this section is to provide regulations to accommodate second dwelling
units, in order to provide for variety to the City’s housing stock and additional
affordable housing oppommities. Second 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
second dwelling units on nearby residents and to assure that the size, location and
design of such dwellings is compatible with the existing residence on the site and
with other structures in the area.
14
18.12.070 Second Dwelling Units
(b)Minimum Lot Sizes
(1)
(2)
In the R-1 district and all R-1 subdistricts, the minimum lot size for a second
dwelling unit that is in excess of 450 square feet shall be 35% geater than the
minimum lot size otherwise established for the district. Provided, for flag
lots, the minimum lot size shall be 35% ~eater than the minimum lot size
established by Section 21.20.301 of the Subdivision Ordinance. The
minimum lot size for a second dwelling unit that is 450 square feet or less
shall be the minimum size established for the district or, for a flag lot, the
minimum established by Section 21.20.301.
Table 5 shows the minimum lot size required for a second dwelling unit in
excess of 450 square feet, provided, in the event of a conflict between
subsection (1) and this subsection (2), subsection (1) shall control:
Table 5: Minimum Lot Sizes for Second Dwelling Units
in Excess of 450 Square Feet
(c)
R-1
R-1 (7,000)
R-1 (8,000)
R-1 (10,000)
R-1 (20,000)
8,100 square feet ("sf’)
9,450 sf
10,800 sf
13,500 sf
27,000 sf
Exclusive of any portion of the lot used for access to the street
9,720 sf
11,340 sf
12,960 sf
16,200 sf
.~_.400 sf
Development Standards for Attached Second Dwelling Units
Attached second dwelling units are those attached to the main dwelling. Attached
unit size counts toward the calculation of maximum house size. All attached
second dwelling units shall be subject to the following development requirements:
(1)The minimum site area shall meet the requirements specified in subsection (b)
above.
(2)Maximum size of living area: 900 square feet. The second dwelling unit and
covered parking shall be included in the total floor area for the site. Any
basement space used as a second dwelling unit or portion thereof shall be
counted as floor area for the purpose of calculating the maximum size of the
second unit.
(3)
(4)
Maximum size of covered parking area for the second dwelling unit: 200
square feet.
Any second story attached second dwelling unit is subject to the provisions
and criteria of Single-Family Individual Review, pursuant to Section
18.12.110 of the Code.
15
! 8.12.070 Second Dwelling Units
(d)
(e)
(0
(5)Except on comer lots, the second dwelling unit may not have an entranceway
facing the same lot line (property line) as the entranceway to the main
dwelling unit, and exterior staircases to second floor units shall be located
toward the interior side or rear yard of the property.
Development Standards for Detached Second Dxvelling Units
Detached second dwelling units are those detached from the main dwelling. All
detached second dwelling units shall be subject to the following development
requirements:
(1)
(2)
(3)
The minimum site area shall meet the requirements specified in subsection
(b) above.
Minimum separation from the main dwelling: 12 feet.
Maximum size of living area: 900 square feet. The second dwelling unit
and covered parking shall be included in the total floor area for the site. Any
basement space used as a second dwelling unit or portion thereof shall be
counted as floor area for the purpose of calculating the maximum size of the
second unit.
(4)
(5)
Maximum size of covered parking area for the second dwelling unit: 200
square feet.
Maximum height: one story and 17 feet. The planning director may allow a
detached second dwelling unit to exceed the story and height restrictions
above, not to exceed the general site development restrictions of this
chapter, where the first story of a two story structure is a garage or similar
use, subject to the Single-Family Individual Review criteria and process
established in Section 18.12.110 of the Code.
(6)The detached second dwelling shall be architecturally compatible with the
main residence, with respect to style, roof pitch, color and materials.
Street Access
The second dwelling unit shall have street access from a driveway in common with
the main residence in order to prevent new curb cuts, excessive paving, and
elimination of street trees. Separate driveway access may be permitted by the
Zoning Administrator upon a determination that separate access will result in fewer
environmental impacts such as excessive paving, unnecessary ~ading or
unnecessary tree removal, and that such separate access will not create the
appearance, from the street, of a lot division or two-family use.
Parking
The following parking criteria apply to both detached and attached second dwelling
units:
(1)Two parking spaces shall be provided for the second dwelling unit, with at
least one of the spaces being covered; provided, however, that if the floor
16
18.12.080 Accessory Uses and Facilities
(2)
area of the second dwelling unit is 450 square feet or less, only a single
parking space is required, and it may be covered or uncovered.
Such par-king shall be located out of required front setbacks and not closer
than 10 feet from the street in a street side setback, except that a maximum
of one uncovered parking space may be provided within such setbacks
(including in tandem with other parking spaces), upon determination by
the Planning Director that adequate alternative locations are not available
and that the space is readily accessible and will not cause any unnecessary
~ading or tree removal. New parking areas created in the front or street
side setbacks, if allowed, shall be of permeable materials, if required by
the Planning Director.
18.12.080 Accessory Uses and Facilities
Accessory uses and facilities, as allowed in Section 18.12.030, shall be permitted when
incidental to and associated with a permitted use or facility in the R-1 district or R-1
subdistricts, or when incidental to and associated with an allowable and authorized
conditional use therein, subject to the provisions below.
(a)Types of Accessory Uses
Accessory uses and facilities include, but are not limited to, the following list of
examples; provided that each accessory use or facility shall comply with the
provisions of this title:
(1)Residential garages, carports, and parking facilities, together with access and
circulation elements necessary thereto;
(2) Facilities for storage incidental to a permitted use; and
(3)Recreational uses and facilities for the use and convenience of occupants or
employees, or guests thereof., of a principal use or facility.
(b)Location and Development Standards
Except as otherwise provided in this section, accessory buildings shall at all times
be located in conformance with requirements for principal buildings, and shall not
be located in any required front, side, or rear yard. See Section 18.12.050 (a)(3)(C)
for allowed encroachments for small storage structures. Accessory buildings may
be located in a required interior yard subject to the following limitations:
(1)An accessory building shall not be used for living and/or sleeping purposes
unless the building was legally constructed for or was legally converted to
living and/or sleeping purposes prior to October 13, 1983.
(2)An accessory building shall not be located in a required front yard~ required
street yard, or required rear yard of a through lot.
17
18.12.090 Basements
(4)
An accessory building shall not be located in a required interior side or rear
yard unless the building is placed at least seventy-five feet from the front lot
line and for comer lots at least twenty feet from the streetside lot line...
Additionally, on lots of less than 95 feet in depth, detached garages and
carports may be located in a required interior side or rear yard if placed in the
rear half of the lot.
Accessory buildings located within a required interior yard as permitted by
this section shall be subject to a maximum height established by a daylight
plane beginning at a height of eight feet at the property line and increasing at a
slope of one foot for every three feet of distance from the property line, to a
maximum height of twelve feet.
No such accessory building greater than 200 square feet in size shall have
more than two plumbing fixtures.
(6)Accessory buildings located within a required interior yard, as permitted by
this section, shall not individually or cumulatively occupy an area exceeding
fifty percent of the required rear yard.
(7)The minimum distance between separate buildings located on the same site
shall be as required by Title 16; provided, accessory buildings in the Single-
family Residentia! (R-1) district shall be separated from the principal building
by at least three feet.
(8)A principal building and an accessory building, meeting the requirements of
Title 16 and each located on a site as otherwise permitted for the principal
building and accessory buildings, may be connected by a structure meeting the
definition of a breezeway. Such structure, or breezeway, shall be a part of the
accessory building.
18.12.090 Basements
Basements shall be permitted in areas that are not desigr~ated as special flood hazard
areas as defined in Chapter 16.52, and are subject to the following regulations:
(a)Permitted Basement Area
Basements may not extend beyond the building footprint and basements are not
allowed below any portion of a structure that extends into required setbacks, except
to the extent that the main residence is permitted to extend into the rear yard
setback by other provisions of this code.
(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
18
18.12.090 Basements
(c)
(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.
Basement space used as a second dwelling unit or portion thereof shall be counted
as floor area for the purpose of calculating the maximum size of the unit (but may
be excluded from calculations of floor area for the total site). This provision is
intended to assure that second units are subordinate in size to the main dwelling and
to preclude the development of duplex zoning on the site.
Lightwells, Stairwells, Belo~v Grade Patios, and other Excavated Features
(1)
(2)
Lightwells, stairwells, and similar excavated features along the perimeter of
the basement shall not affect the measurement of grade for the purposes of
determining gross floor area, provided that the following criteria are met:
(A)such features are not located in the front of the building;
(B)such features shall not exceed 3 feet in width;
(C)the cumulative length of all such features does not exceed 30% of the
perimeter of the basement;
(D) such features do not extend more than 3 feet into a required side yard
nor more than 4 feet into a required rear yard, but where a side yard is
less than 6 feet in width, the features shall not encroach closer than 3
feet from the adjacent side property line;
(E)the cumulative length of any features or portions of features that extend
into a required side or rear yard does not exceed 15 feet in len~h;
the owner provides satisfactory evidence to the planning division prior
to issuance of a building permit that any features or portions of features
that extend into a required side or rear yard will not be harmful to any
mature trees on the subject property or on abutting properties; and
such features have either a drainage system that meets the requirements
of the public works department or are substantially sheltered from the
rain by a roof overhang or canopy of a permanent nature.
Below-grade patios, sunken gardens, or similar excavated areas along the
perimeter of the basement that exceed the dimensions set forth in subsection
(1), are permitted and shall not affect the measurement of grade for the
purposes of determining gross floor area, provided that:
(A) such areas are not located in the front of the building;
(B)All such areas combined do not exceed 2% of the area of the lot or 200
square feet, whichever is greater; that each such area does not exceed
200 square feet; and that each such area is separated from another by a
19
18.12.100 Regulations for the Single Story Overlay (S) Combining District
distance of at least 10 feet. Area devoted to required stairway access
shall not be included in the 200 square foot limitation.
(C)such features do not extend more than 2 feet into a required side yard
nor more than 4 feet into a required rear yard;
(D)the cumulative length of any excavated area or portion thereof that
extends into a required side or rear yard does not exceed 15 feet;
(E)
(G)
the owner provides satisfactory evidence to the planning director prior
to issuance of a building permit that any features or portions of features
that extend into a required side or rear yard will not be harmful to any
mature trees on the subject property or on abutting properties;
such features have either a drainage system that meets the requirements
of the public works department or are substantially sheltered from the
rain by a roof overhang or canopy of a permanent nature;
any roof overhang or canopy installed pursuant to subsection (F) is
within and is counted toward the site coverage requirements established
in Section 18.12.040;
(H) such areas are architecturally compatible with the residence; and
(I)such areas are screened to off site views by means of landscaping
and/or fencing as determined appropriate by the planning director.
18.12.100 Regulations for the Single Story Overlay (S)
Combining District
(a)Applicability of District
The single-story height combining district may be combined with the R-1 single-
family residence district or with any R-1 subdistrict. Where so combined, the
regulations established by this Section shall apply in lieu of the comparable
provisions established by Section 18.12.040. All applicable provisions of that
section shall otherwise govern development in the combining district.
(b)Site Development Regulations
For sites within the single-story height combining district, the following site
development regulations shall apply in lieu of the otherwise applicable site
development regulations of Section 18.12.040:
(1)The maximum height shall be 17 feet, as measured to the peak of the roof;
provided, in a special flood hazard area as defined in Chapter 16.52, the
maximum height is increased by one-half of the increase in elevation required
to reach base flood elevation, up to a maximum building height of 20 feet.
(2)There shall be a limit of one habitable floor. Habitable floors include lofts,
mezzanines and similar areas but exclude basements and exclude attics that
have no stairway or built-in access. Lofts and mezzanines include any space
20
18.12.100 Regulations for the Single Story Overlay (S) Combining District
(c)
above the first floor in excess of five feet (5’) from the floor to the roof
above.
Application for a Single StoD’ (S) Combining District
(1) Application to create or remove a single-story overlay district may be made
by an owner of record of property located in the single-story overlay district
to be created or removed.
(2)
(3)
Application shall be made to the zoning administrator on a form prescribed
by the zoning administrator, and shall contain all of the following:
(A)A written statement setting forth the reasons for the application and all
facts relied upon by the applicant in support thereof.
(B)A map of the district to be created or removed that includes the address
location of those owners whose properties are subject to the zoning
request. Boundaries shall correspond with certain natural or man-made
features (including, but not limited to roadways, waterways, tract
boundaries and similar features) to define an identifiable neighborhood
or development. For creation of a single-story overlay district, the area
shal! be of a prevailing single story character, such that a minimum of
80% of existing homes within the boundaries are single story.
(C)For creating a single-story overlay district, a list of signatures evidencing
support by: (i) 70% of included properties; or (ii) 60% of included
properties where all included properties are subject to recorded deed
restrictions intended to limit building height to a single story, whether or
not such restrictions have been enforced. For the removal of a single-
story overlay district, a list of signatures evidencing support by 70% of
included properties, whether or not deed restrictions intended to limit the
building height to single story apply. "Included properties" means all
those properties inside the boundaries of the district proposed to be
created or removed. The written statement or statements accompanying
the signatures must state that the signer is indicating support for a zone
map amendment that affects his or her property. One signature is
permitted for each included property, and a signature evidencing support
of an included property must be by an owner of record of that property.
(D)A fee, as prescribed by the municipal fee schedule, no part of which
shall be returnable to the applicant; and
(E)Such additional information as the zoning administrator may deem
pertinent and essential to the application.
An application for creation or removal of a single-story (S) overlay district
made in accordance with this subsection (c) shall be processed in accordance
with Chapter 18.98.
21
18.12.110 Single Family Individual Review
18.12.110 Single Family Individual Review
(a)Purpose
The goals and purposes of this chapter are to:
(!)Preserve the unique character of Palo Alto neighborhoods;
(2)Promote new construction that is compatible with existing residential
neighborhoods;
(3)Encourage respect for the surrounding context in which residential
construction and alteration takes place;
(4) Foster consideration of neighbors’ concerns with respect to privacy, scale and
massing, and streetscape; and
(5)Enable the emergence of new neighborhood design patterns that reflect
awareness of each property’s effect upon neighboring properties.
This program is intended only to mitigate the effects of second story construction
on neighboring homes, and should not be construed to prohibit second story
construction when this Title would otherwise permit it.
(b)Applicability
The provisions of this section 18.12.110 apply to the construction of a new singly
developed two-story structure; the construction of a new second story; or the
expansion of an existing second story by more than 150 square feet in the R-1
single family residential district. All second-story additions on a site after
November 19, 2001 shall be included in calculating whether an addition is over 150
square feet.
Individual Review Guidelines
The director of planning and community environment shall issue guidelines to
direct staff and project applicants in implementing the goals and purposes and other
provisions of this chapter. Guidelines establishing substantive review standards for
second story development shall be presented to the planning and transportation
commission for their comment prior to adoption or amendment by the director.
(d)Findings
Neither the director, nor the city council on appeal, shall grant an Individual
Review approval, unless it is found that the application is consistent with the
Individual Review guidelines.
(e)Conditions
In granting individual review approvals, reasonable conditions or restrictions may
be imposed if appropriate or necessary to protect the public health, safety, general
welfare, or convenience, and to secure the purposes of this title (Zoning).
22
18.12.120 Home Improvement Exceptions
(f)Application Review and Action
Applications for Individual Review approval shall be reviewed and acted upon as
set forth in 18.77.075.
(g)Preliminary meeting with planning staff.
Project applicants are strongly encouraged, before applying for individual review of
a project, to meet with planning staff to discuss designing a project that promotes
the goals of this chapter and the individual review guidelines, and to discuss the
proposed plans with their neighbors.
(h)Changes to approved projects.
The Director may approve changes to a previously approved Individual Review
project without following the procedure set forth in 18.77.075 if those changes do
not affect compliance with the Individual Review guidelines. Examples of such
changes include:
(1)Reductions in window or door size, or reductions in the number of windows.
(2)Changes to aspects of the project not reviewed under Individual Review, such
as materials or non-street-facing first story windows.
(3)Changes that do not affect privacy/streetscape.
(4)Increases in setbacks
(5)Reductions in second floor mass that do not affect privacy or streetscape.
18.12.120 Home Improvement Exceptions
(a)Purpose
A home improvement exception enables a home improvement or minor addition to
an existing single-family or two-family home, or accessory structure, or both, to be
consistent with the existing architectural style of the house or neighborhood, to
accommodate a significant or protected tree, or to protect the integrity of a historic
structure in conformance with the Secretary of the Interior’s Standards for
Rehabilitation. By enabling adaptive reuse of existing buildings, the home
improvement exception promotes retention of existing houses within the City.
(b)Applicability
A home improvement exception may be granted as part of a proposed improvement
or addition to an existing single-family or two-family structure, or accessory
structure, or both, in the RE, R-l, RMD, or R-2 district, as limited in subsection (c).
A home improvement exception may be granted as described in subsections (1)
through (14) of subsection (c), but may not exceed the limits set forth in those
subsections. In order to qualify for a home improvement exception, the project
must retain at least 75% of the existing exterior walls.
18.12.120 Home Improvement Exceptions
(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:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
To allow up to 100 square feet of floor area more than the maximum square
footage allowed on the site by the applicable zoning district regulations
except when an exception is granted under subsection (c)(10) for residences
designated as historic structures;
To allow the primary building to encroach up to 4 feet into a required front
yard setback;
To allow the primary building to encroach up to 3 feet into a required rear
yard setback;
To allow the primary building to encroach up to 2 feet into a required interior
side yard setback;
To allow the primary building to encroach up to 6 feet into a required street
side yard setback (no closer than 10 feet to the property line);
To allow a basement to encroach, along with above grade floor area, as set
forth in items 2, 3, 4, or 5.
To al!ow an encroaching dormer, roof deck, gable, or similar architectural
feature to exceed 24 feet in height by up to three feet.
To allow a single dormer, roof deck, gable, or similar architectural feature
that encroaches into the rear daylight plane to exceed 7.5 feet in len~h. In no
event shall the maximum len~oth exceed 15 feet.
To permit a site with an existing two-story structure to exceed lot coverage
requirements in order to locate remaining available FAR for the site on the
first floor
For any residence designated on the City’s Historic Inventory as a Category 1
or Category 2 historic structure as defined in Section 16.49.020 of the
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 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 in accordance with the Secretary of the Interior’s Standards for
Historic Rehabilitation.
(11)To allow- a legal non-conforming building wall that is between 3.5 and 5 feet
from the side lot line to be extended up to one-quarter of the length of the
existing wall or ten feet, whichever is shorter.
24
18.12.120 Home Improvement Exceptions
(a)
(12)
(13)
(14)
(15)
To allow a horizontal extension (pursuant to 18.12.050(a) (Setback/Yard
Encroachments and Projections)) of a portion of an existing legal non-
conforming building wall that is more than twelve feet above grade. Such
horizontal extensions must remain within the height and daylight plane limits
for the district unless an HIE or variance for a height or daylight plane
encroachment is granted.
To allow an increase in the height of an existing legally non-conforming
building wall that encroaches into a setback. Such vertical extensions must
remain within the height and daylight plane limits for the district unless an
HIE or variance for a height or daylight plane encroachment is granted.
To allow, for single-story accessory structures within rear and/or side
setbacks, one or more of the following:
(A)On a coruer lot, a detached accessory structure may be as close as ten
feet from the street side property line. For detached garages and
carports, the exception may be granted as long as a minimum
dimension of 18 feet remains between the back of sidewalk and face of
the garage or carport supports.
(B)Four feet additional height above the twelve foot maximum height, as
long as the side daylight plane is met.
(C)A rear daylight plane encroachment of up to three feet.
To allow- similar minor exceptions, when determined by the director to be
similar in magnitude and scope to those listed in subsections (1) through (14)
above. Provided, under no circumstances may such exceptions exceed the
limits established in subsections (1) through (14) above.
Findings
Neither the director, nor the city council on appeal, shall grant a home
improvement exception unless it is found that:
(1)The granting of the application is desirable for the preservation of an existing
architectural style, neighborhood character, protected tree as defined in
Chapter 8.10, or other significant tree, or of a residence that is designated on
the City’s Historic Inventory as a Category 1 or Category 2 historic structure
as defined in Section 16.49.020 of the Municipal Code, or any contributing
structure within a locally designated historic district, which would not
otherwise be accomplished through the strict application of the regulations;
and
(2)
(3)
The granting of the application will not be detrimental or injurious to
property or improvements in the vicinity and will not be detrimental to the
public health, safety, general welfare, or convenience; and
The exception is being granted based on characteristics of the property and
improvements on the property, rather than the personal circumstances of the
25
18.12.130 Architectural Review
(e)
applicant, and is the minimum exception necessary for the project to fulfill
the purposes of subsection (a).
Conditions
In ~anting home improvement exceptions, reasonable conditions or restrictions
may be imposed if appropriate or necessary to protect the public health, safety,
general welfare, or convenience, and to secure the purposes of this title (Zoning).
Application Revie~v and action
Applications for home improvement exceptions shall be reviewed and acted upon
as set forth in 18.77.075.
18.12.130 Architectural Review
Architectural Review, as required in Chapter 18.76 and 18.77 of the Zoning Ordinance, is
required in the R-1 district and R-1 subdistricts whenever three or more adjacent single-
family residences or duplexes are intended to be developed concurrently, whether
through subdivision or individual applications. In addition to the existing ARB findings
contained in Section 18.76 & 18.77, the Single Family Individual Review Guidelines
shall be used by the ARB in its review of such applications.
18.12.140 Historical Review and Incentives
Historic home review, as required in Chapter 16.49 of Title 16 of the Municipal Code, is
required in the R-1 .district and R-1 subdistricts for alterations or modifications to any
residence designated on the City’s Historic Inventory as a Category 1 or Category 2
historic structure as defined in Section 16.49.020 of the Municipal Code or any
contributing structure located within a locally designated historic district. The Category
1 or Category 2 designation process for becoming a historic structure is contained in
Chapter 16.49 of Title 16 of the Municipal Code:
Exemptions to ~oss floor area requirements are available for historic homes pursuant to
the definition of Gross Floor Area in Section 18.04.65(C2). Home Improvement
Exceptions provide for additional square footage and certain other exceptions for historic
homes pursuant to Section 18.12.120 (R- 1 Chapter).
18.12.150 Grandfathered Uses
(a)Applicability
The uses specified in subsection (b) may remain as ~andfathered uses provided
that those uses:
(1)are located in the specified district;
(2)existed on the specified date;
(3)on that date, were lawful permitted uses or conditional uses operating subject
to a conditional use permit; and
26
18.12.150 Grandfathered Uses
(b)
(c)
(4) on that date, were conforming uses.
Grandfathered Uses
(1)
(2)
Professional and medical office uses (except product testing and analysis, and
prototype development), existing on July 20, 1978 or such uses which were,
prior to July 20, 1978, located in an R-1 district which was imposed by
reason of annexation of the property to the city without benefit of prezoning
and which, prior to the date of annexation, were lawful conforming permitted
uses or conditional uses operating subject to a conditional use permit.
Two-family uses, except where one of the units is a legal nonconforming
detached single-family dwelling on a substandard lot size, and multiple-
family uses existing on July 20, 1978 or such uses which were, prior to July
20, 1978, located in an R-1 district which was imposed by reason of
annexation of the property to the city without benefit of prezoning and which,
prior to the date of annexation, were lawful conforming permitted uses or
conditional uses operating subject to a conditional use permit.
Permitted Changes
The following regulations shall apply to the grandfathered uses specified in
subsection (b):
(1)Such uses shall be permitted to remodel, improve, or replace site
improvements on the same site, for continual use and occupancy by the same
use, provided that
(A)such remodeling, improvement or replacement shall not:
result in increased floor area;(i)
(ii)
(iii)
(iv)
(v)
result in an increase in the number of offices, in the case of
professional or medical office uses, or dwellings, in the case of
residential uses;
result in shifting of building footprint;
increase the height, length, building envelope, or size of the
improvement,
increase the existing de~ee of noncompliance, except through
the ganting of a design enhancement exception pursuant to
Section 18.91.
(2)
(3)
If a grandfathered use ceases and thereafter remains discontinued for twelve
consecutive months, it shall be considered abandoned and may be replaced
only by a conforming use.
a gandfathered use which is changed to or replaced by a conforming use shall
not be reestablished, and any portion of a site or any portion of a building, the
use of which changes from a grandfathered use to a conforming use, shall not
thereafter be used except to accommodate a conforming use.
27
18.12.150 Grandfathered Uses
(d!
(e)
(4)The following additional regulations shall apply to grandfathered professional
or medical office uses:
(A)
(B)
(c)
Any remodeling, improvement, or replacement of any building
designed and constructed for residential use shall be subject to
the issuance of a conditional use permit in accord with Section
18.90.
In the event of redevelopment of all or a portion of the site for
permitted residential uses, professional and medical office uses
may not be incorporated in the redevelopment, except that
this provision shall not apply to permanent conversion to
residential use of space within an existing structure now used for
professional and medical office uses.
Existing Second Dwelling Units on Substandard Size Lots.
In the R-1 district, and all R-1 subdistricts, notwithstanding any provisions of
Chapters 18.88 and/or 18.94, in the case of a legal and nonconforming second
detached single-family dwelling existing prior to July 20, 1978 on a substandard
size lot, such nonconforming use shall be permitted to remodel, improve, or replace
site improvements on the same site without necessity to comply with site
deve!opment regulations; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area, number of dwelling units,
height, length, or any other increase in the size of the improvement.
Existing Homes on Substandard Lots.
In the R-1 district and all R-1 subdistricts, single-family and two-family homes on
substandard lots, as defined in Subsection 18.12.040(c)(1), and flag lots existing on
August 1, 1991 and which prior to that date were lawful, complying structures, may
remain and be remodeled, improved, or replaced without complying with the height
and habitable floor limitations for substandard lots specified in Section 18.12.030,
provided that:
(1)any such remodeling, improvement, or replacement does not result in a height
above seventeen feet or any additional habitable floor area above a first
habitable floor, except that any structure damaged or destroyed by a namrat
disaster (such as fire, flood or earthquake) may be replaced to its previous
size without regard to the height and habitable floor limitations imposed by
this section; and
(2)in the case of a conflict between the provisions of this section and the
provisions of Chapter 18.94, this section shall control.
28
ATTACHMENT B
The following Summary Table of Key Revisions Proposed for the ZOU
R-1 Chapter Update is attached for your convenience.
It is the same Summary Table that was provided under separate cover to
City Council relating to the November/December 2004 Community
Meetings Material and attached to the October 4, 2004 CMR.
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes
FORMAT
1)A stand-alone R-1 chapter has been created, including all of the
related R-1 uses and standards, plus the single-story overlay, single-
family individual review, and the HIE process. A separate code
chapter will contain the other low-density districts (R-E, R-2, and
RMD).
2) The chapter is organized to outline allowable uses and basic
development standards in tabular form (18.12.030) and then to deal
with other key standards (second units, exceptions for setbacks and
height, basements, etc.) in subsequent sections. What is included and
excluded in goss floor area (GFA) in single-family homes is also
summarized in tabular form (18.12.040 (b)). The encl~oachment and
exception sections, formerly separate in 18.88, are included in the
chapter for easier reference. There are additional references where
necessary to other sections or chapters of the Code (such as historical
and architectural review).
3) Grandfathered uses and other provisions for nonconforming uses and
structures are retained at this time in the R-1 chapter without changes.
This section may be relocated to and revised with a future chapter
regarding Nonconforming Uses and Noncomplying Facilities.
All references to metric measurements have been deleted.
II Existing Code
Regulations related to R-1 (Individual
Review, (S) Overlay, accessory
structures) are located in different
chapters of the code.
* Allowable uses and basic
development standards are presented
in separate lists for each zone, and
some development standards are
contained in other chapters of the
code.
¯ There is no gross floor area
clarification in the R-1 chapter.
Reference to Home Occupation (currently allowed as permitted use,
when accessory to residence) is added as permitted accessory use - no
changes to existing home occupation regulations.
7)
6)Consistent with State law, small adult day care homes have been
included as a permitted use (currently not included as permitted use,
but large adult daycare homes are with a conditional use permit).
ALLOWABLE USES
Small accessory structures less than 200 square feet in size with more
than 2 plumbing fixtures would be permitted, rather than conditional
use; larger accessory structures with more than 2 plumbing fixtures
would continue to require conditional use permit; "guest cottage" is
eliminated and would be treated as any other accessory structure.
¯All accessory structures with more
than 2 plumbing fixtures require a
conditional use permit.
¯ "Guest cottage" is defined as an
"accessory building with lodging
unit..."
Small (6 or less persons) adult
daycare is omitted from existing
code, large adult daycare (7 or more
persons) and daycare centers are both
conditional uses.
Home occupation not listed in
allowable uses.
4)Most measurements are provided in
metric terms.
No change from existing code at this
time.
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes l[Existing Code
8)
BASIC DEVELOPMENT STANDARDS
40% site coverage requirement in the single-story (S) combining
district is replaced with site coverage "equivalent to the maximum
allowable floor area ratio," consistent with other R-1 single-story
development.
9)Provisions for one-story limitations in (S) combining district and for
flag lots, have been revised to specify that lofts, mezzanines and
similar areas "with interior heights of 5 feet or more from the roof to
the floor" are not allowed.
10)Allow second stories on substandard lots, subject to Individual
Review process and underlying R-1 development standards such as
daylight plane, setbacks, and contextual front setbacks. Remove
contextual garage placement requirement. Increase two-story site
coverage from 35% to 40% to allow for larger first story. For
substandard comer lots with less than 50’ front lot width, reduce
streetside setback from 16’ to 10’.
11) Continue to limit flag lot development to one story and 17 feet
(height). Clarify flag lots not subject to contextual front setback or
contextual garage placement requirements. Reduce front setback of
flag lot from contextual front to 10’.
12)Provisions are added to further limit the location of new noise-
producing equipment out of the setbacks (except for street side yard
setbacks), and further require such equipment to be "housed and
insulated" and built up to code when feasible upon replacement.
13)Clarification under lighting regulation, remove duplicative "shield
lamp from view" in last sentence of requirement, retaining all other
requirements including shielded & diffused lighting, height limit if
free-standing, direct light limitations, etc.
R-1 properties with 1-story
development have site coverage equal
to maximum allowed floor area. (S)
overlay district regulations (passed
prior to the above change) still
contain a 40% site coverage
requirement.
Not in existing code, but reflects
current staff interpretation of code.
¯Second story on substandard lot
now requires variance and is subject
to I:R process. See 18.12.050 for
existing R-1 substandard lot criteria.
¯ Existing site coverage in R-1 for 2-
story development is 35%.
¯ Existing streetside setback for R-
1 is 16 feet.
¯ Second stories on flag lots are
prohibited.
¯ R-1 flag lots subject to R-1
development standards including
contextual requirements (front
setback and garage placement)
¯ Location of such equipment is
subject to accessory structure
placement requirements (18.88.030)
that allow such equipment to be
located in rear and side setbacks if
located more than 75’ back from
front property line.
¯ No requirement to be "housed and
insulated" or for replacement
equipment.
18.12.040 (1) requires lighting to be
shielded and diffused, directed away
from neighboring properties, if free-
standing limited to 12’in height,
direct light limitations and shielded
from view.
ZOU - Summary of Proposed Key R-1 Changes
Page 2
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes Existing Code
CONTEXTUAL STANDARDS
14) Contextual front setback language is modified to: 1) apply only if the
average setback is more than 30 feet (otherwise minimum front
setback of 20’), 2) include the subject parcel in the calculation, 3)
clarify that measurement is to the first strnctural element, including
covered porches (rather than to the first building wall), 4) eliminate
the greatest and least setbacks from the calculation of average setback,
to minimize "anomalies", 5) exclude flag lots and multifamily lots
from the calculations, 6) exclude the street side setback of a corner lot,
and 7) for long (>600’) blocks, use nearest 10 parcels OR up to 600’
whichever is less.
15)Contextual garage placement language is modified to: 1) clarify that
lots with no garage or carport present are counted as "rear" garages, 2)
clarify that the subject parcel is also considered as part of the pattern,
3) in determining "predominant neighborhood pattern", consider only
the same side of the street (not the opposite side), and 4) exclude flag
and multifamily lots, 5) exclude corner lots from the calculations 6)
for corner lots, calculate "neighborhood pattern" from where the
garage fronts, and 7) for long (>600’) blocks, use nearest 10 parcels
OR up to 600’ whichever smaller.
HOUSING ELEMENT POLICIES
16) Subsection 18.12.040(d) on page 7 provides maximum lot sizes for
new lots, not to equal or exceed two times the minimum lot size for
the applicable district, and not to exceed 9,999 sf in the R-1
intended to limit lot combinations and reductions in number of
housing units; exceptions are provided where no net loss of housing
units or no reduction of the number of parcels would result. (Housing
Element Program #H-5)
17) In addition to regulation of maximum lot size, other incentives have
been (or will be) added to code to retain existing housing units such as
1) improved regulations to facilitate second dwelling units
(18.12.070); 2) HIE incentives (18.12.120) for retaining exi sting
homes (including historic homes); 3) provisions in nonconforming
provisions of the code allowing minor improvements and upgrades to
existing nonconforming units; and 4) village residential (cottage
cluster) regulations that provide incentives for preserving that type of
development.
¯ Contextual front setback
(18.12.050 d) applies for all R-1
properties (with minimum 20 foot
average setback).
¯ Existing wording regarding
calculation in code is not clear on
inclusions & exclusions noted,
including excluding anomalies and
streetside setbacks of comer lots.
¯ For long blocks (>600’) nearest 10
parcels considered.
¯ Existing wording regarding
calculation in code is not clear on
inclusions & exclusions noted, as
well as comer lots.
¯ "Predominant neighborhood
pattern" in code is half or more on
same side OR half or more on both
sides.
¯ For long blocks (>600’) nearest 10
homes considered.
¯ No maximum lot sizes in existing
code.
¯ Existing code does not implement
Comp Plan Progam H-5.
¯ See second unit discussion below.
¯ HIE process in existing code does
not include specific limitations on
exceptions, nor historic home
findings and exceptions.
¯ No change to nonconforming
requirements at this time - to be
discussed with ZOU at a later date.
ZOU - Summary of Proposed Key R-1 Changes
Page 3
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes
ENCROACHMENTS
18) Provisions are added for extending existing encroachments (i.e. the
one time exception for side, street side or front additions) to include
into a special setback, similar to the existing provisions for extending
into street side yard and front setbacks.
SECOND DWELLING UNITS
(Housing Element Program #H-7)
19)A purpose statement is included emphasizing housing goals but also
discussing compatibility and minimizing neighbor impacts.
20)Smaller units (450* square feet or less, attached or detached) could be
located on lots equal to or geater than the applicable minimum lot
size (current requirement is 35% geater than the minimum lot size,
which would remain for larger units up to 900 square feet.
* 450 sq ft = size for 1-bedroom unit. (Housing Element Program #H-7)
21) Attached units could be a maximum of 900 square feet in size
(currently 250 square feet). Clarify that attached unit counts toward
the size of the dwelling unit (for the purpose of maximum house size).
(Housing Element Program #H-7)
22)Second story second units, either attached or detached, could be
permitted, subject to the Single-Family Individual Review
criteria!process, and existing development standards including
required setbacks.
23) For smaller units (450 square feet or less, attached or detached), only
one parking space would be required, and it can be either covered or
uncovered. (Housing Element Program #H-7)
24) One (uncovered) parking spaces for a second unit could be located in
a front or street side setback, if the Planning Director makes certain
findings (no alterative location, prevent unnecessary gading or tree
removal, etc.). Also, the screening requirement for parking is
eliminated. (Housing Element Program #H-7)
25)Open space requirements are eliminated, assuming that on a single-
family lot adequate open space is available, and it is impractical to try
to discern what applies to the second unit as opposed to the main
residence. (Housing Element Program #H-7)
Existing Code
Existing code allows one time
existing encroachment to be extended
into side, streetside and in front.
Does not allow same for special
setbacks.
No purpose statement in existing
code.
R-1 zones require 135% of minimum
lot size for up to 900 sf detached or
250 sf attached second dwelling unit.
¯ Attached second units allowed up
to 250 square feet.
¯ Existing maximum house size
regulation does not directly address
whether square footage of such an
attached unit is included.
Second story second units are not
permitted under existing code. (were
previously allowed with conditional
use permit).
Two additional parking spaces (1 of
which must be covered) are required,
the same as for the primary unit.
¯ No parking spaces allowed in front
or streetside setbacks (uncovered
spaces are permitted in side
setbacks).
¯ All second unit parking required to
be screened from off-site views.
200 square feet of open space
required, but can be combined with
primary unit open space requirement.
ZOU - Summary of Proposed Key R-1 Changes
Page 4
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes
ACCESSORY USES & FACILITIES
26) Clarifications are made regarding location of accessory facilities on
corner lots. Added that on lots less than 95 feet in depth, detached
garages and carports may be located in a required interior side or rear
yard if placed in the rear half of the lot.
BASEMENTS
27) Clarifying language is added to indicate that basement floor area of a
second unit is counted against the maximum size of the second unit,
but is not counted against the site floor area maximum.
28)Clarify in code that in setback areas, no basements are allowed under
accessory buildings.
29)For below-gade patios, the requirement for terracing and landscaping
is eliminated (landscaping or fencing above to screen from offsite
views would still be required); modified 25’ lightwell linear limitation
to allow 30% of basement perimeter to have light wells; and to allow
up to 2% of lot size, or 200 square feet (whichever greater) for below-
~ade patios.
30)Lightwells (does not apply to below-gade patios where existing
standard remains) are allowed to extend 3 feet (changed from 2 feet)
into required side yard to make it consistent with building code
requirements for these features in side yards.
Existing Code
¯ Accessory buildings are not
allowed to be located in an interior
side or rear yard unless at least 75
feet from any street line (does not
specify front lot line).
¯ For comer lots, detached garages
and carports may be located in the
rear yard if at least seventy-five feet
from the front street and twenty feet
from the side street.
¯ Unclear whether basement floor
area is counted toward size of second
unit.
¯ Basement not included in site area
if ftrst floor is less than 3’ above
grade.
Basements under accessory buildings,
similar to primary dwelling unit,
allowed under current code, but not
clear how to interpret if accessory
building is located in setback areas.
¯ A "substantial portion" of the patio
must be terraced and landscaped.
¯ No change to screening
requirement.
¯ In setbacks, cumulative patio and
lightwell length limited to 15 feet.
¯ Cumulative length for all
lightwells is further limited to 25
feet.
¯ Below gade patio size limited to
200 square feet.
Lightwells limited to 2’ projection
into required side yard - building
code requires 3’ width for lightwells.
ZOU - Summary of Proposed Key R-1 Changes
Page 5
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes II Existing Code
PARKING
31) Small second units (450 square feet or less) would require only one
parking space - other second units and main residences would still
require two spaces (one of which is covered), one of which could be
within the front setback with Planning Director findings (as discussed
above)
32) Parking for uses other than residences (e.g., churches and schools in
the R-1 zone) are not included in this chapter, but reference is made to
the parking chapter (18.83).
SINGLE-STORY OVERLAY
33)Site coverage limitation is revised consistent with the standard for
other single-story development (equal to maximum floor area ratio for
the site).
34)The review and qualification process for establishing an overlay is
outlined, pursuant to existing policy. "Overwhelming support" is
defined as 70% of owners (60% if deed restrictions apply);
"prevailing single story character" is defined as at least 80% single-
story; and the requirement for "moderate lot sizes" is eliminated. A
provision was also added to indicate what would be required to
remove a single-story overlay (similar process to establishing one).
INDIVIDUAL REVIEW
35)The current Single-Family Individual Review section has been
incorporated into this chapter and some clarifications to the process
made as a result of the audit, such as changes to approved projects,
when noticing occurs (following application submittal), and
increasing the comment period to 21 days.
HIE
36) The I-BE process has been incorporated into this chapter (including
establishing limits and applicability), and will also be referenced in
other low-density residential districts. Some clarifications to the HIE
review process have been made in both the R-1 chapter and in the
approval process chapters (18.76 & 18.77), such as processing in the
Two additional parking spaces (1 of
which must be covered) are required,
the same as for the primary unit.
Parking requirements for uses other
than residential are not included in
the existing R-1 chapter.
R-1 properties with 1-story
development have site coverage equal
to maximum allowed floor area. (S)
overlay district regulations still
contain a 40% site coverage
requirement.
¯ Single Story (S) Combining
District (18.13) does not include
process for establishing ((S) overlay
in guidelines adopted by Council in
December 1992.
¯ Percentages for these general terms
are not included in (S) overlay
guidelines, nor in existing code.
¯ R-1 Single Family Individual
Review process now contained in
18.14.
¯ No consideration in code for
changes to previously approved
projects.
¯ Noticing occurs within 3 days of
when application deemed complete.
¯ Comment period now 10 calendar
days.
¯ Home Improvement Exception
process now contained in 18.76 &
18.77.
¯ No applicability limitations
provided in existing code.
ZOU - Summary of Proposed Key R-1 Changes
Page 6
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes
same manner as IR applications, deleting the first finding requirement,
and adding a historic preservation incentive HIE.
II Existing Code
ARB
37)Reference is provided to architectural review requirements that apply
where three or more adjacent single-family residences or duplexes are
developed concurrently. Reference is added that in addition to ARB
findings, 2-story structures are also subject to IR guidelines for this
review.
HRB
38) Reference is provided to historical home review requirements, historic
home incentives and the review process applicable to Category 1 or 2
historic homes or homes in historic districts.
DEFINITIONS (18.04)
39) "Accessory dwelling" and "guest cottage" are eliminated - they are
supplanted by accessory building and second dwelling unit definitions
and requirements.
40) A definition of "Bed and breakfast" is added, though it wouldn’t apply
to R-1 (but may to RMD or other low-density districts).
<Note." In Low Density districts, B&B onl___2 allowed in RMD zone, not_.._in
RE or R-1 - no change proposed>
41) "Carport" is modified to delete reference to having "no more than
two sides enclosed" and to add, "which is covered with a solid roof."
42) ’.’Family day care home" provisions are modified to be consistent
with State taw. The definitions do overlap (in number of children
allowed), but the state licensing requirements for large and small day
care homes vary.
43) "Daylight plane" definition is revised slightly, adding an intent
statement and making several clarifications in understanding. Side
daylight plane would not apply to street side.
44)A definition of Dwelhn~, unit, second" is added.
45)A definition of "garage, private" is added.
¯ Existing HIE review process
contained in 18.77.120 (optional
hearing notice is sent out following
application with 10 day request
period).
¯ First finding (18.76.060(b)(1)) is
"exceptional or extraordinary
circumstances" requirement.
¯ No historic preselwadon HIE
findings or exceptions.
¯ No change - now contained in
18.76.020(b)(2)(B& C).
¯ No such reference in existing ARB
review section.
¯ No changes to historic home
review requirements located in
16.49.
¯ No historic home incentives in
existing code.
See 18.04 for existing definitions.
No existing definition for bed and
breal,ffast in 18.04.
Existing definition in 18.04.
Existing definition in 18.04.
No change in how measured - intent
statement not in existing definition
(18.04).
No such definition in code.
No such definition in code.
ZOU- Summary of Proposed Key R-1 Changes
Page 7
SUMMARY OF KEY REVISIONS
PROPOSED FOR THE
ZOU R-1 CHAPTER UPDATE
Proposed Changes
46) "Gross floor area" is modified to: 1) establish A) criteria for what is
included for zones other than low density residential, B) criteria for
exceptions to floor area for those districts, and C) criteria for floor
area in low density districts (R-E,R-1, R-2, and RMD); 2) clarify that
vaulted entry features >12’ in height are counted twice for all of their
floor area if any portion exceeds 12 feet in height; 3) clarify footprint
of fireplace counts once; 4) clarify that all open or partially enclosed
porches on the first floor (recessed or protruding, covered or
uncovered) are excluded from gross floor area (and clarification on
recessed porches application added), 5) that all such covered
structures on a second floor are counted, 6) add historical home
exclusions for basement and attic spaces, and 7) add exclusion for
porte-cochere and carports that are completely open on 3 or more
sides.
47) "Guest cottage" is deleted.
48) Clarifications made to "kitchen" definition.
49) "Lodging" is deleted as it is no longer applicable.
50) "LodNng unit" is modified to apply strictly to hotels, motels, and bed
and breakfast inns. Reference to residential density is deleted.
51) Definitions of "Porch" and "Vaulted Entry Feature" are added.
52) Definition of "Porte-cochere" added.
53) Definition of "Privacy" added.
54) Definition of "Structure" revised.
I!Existing Code
¯ Existing definition not consistent
with current interpretations. RE
gross floor area and R-1 gross floor
area definition separate but very
similar in existing code.
¯ No historical home gross floor area
exclusions in existing code.
¯ Porch, vaulted entry features,
fireplaces unclear in existing code.
¯ Completely open carport/porte-
cochere exclusion not in existing
code.
Guest cottage referenced as accessory
building with living area.
Existing definition in 18.04.
Existing definition in 18.04.
Existing definition in 18.04.
No such definitions in 18.04.
No such definition in 18.04.
No such definition in 18.04.
Existing definition in 18.04.
ZOU - Summary of Proposed Key R-1 Changes
Page 8
Zoning Ordinance Update
R-1 Residential District
Errata Sheet
March 2005
ATTACHMENT C
1)Page 2 & 3, 18.12.030 Permitted and Conditional Use table: Reference added to 2na row and
bottom of table to indicate "P = permitted, CUP = conditional use permit required"
2)Page 6, 18.12.040 Gross Floor Area Summary table. To gross floor area exclusion for historic
structures, add "or contributing structure within a historic district".
3)Page 9, 18.12.040 Development Standards (1) Change Title from "Service Equipment" to
"Noise Producing Equipment" consistent with other language in the code.
4)Page 14, 18.12.060 (c) parking, change "street line" to "property line" when referring to
location of parking space in relation to streetside property line.
5)Page 17, 18.12.070 (f) Second dwelling unit parking section, correction - replace "minimum"
with "maximum" regarding a maximum of one uncovered parking space may be located with
review in front setback.
6)Page 18, 18.12.080 Accessory Uses (b) Location (5), consistent with Use table in 18.12.030,
add "~eater than 200 square feet" for accessory buildings with more than two plumbing
fixtures.
7)Page 22, 18.12.110 2 (C) Application for Creating or Removing Single Story (S) Combining
District, add "For the removal of a single-story combining district, a list of signatures
evidencing support by 70% of included properties, whether or not deed restrictions intended to
limit the building height to a single story apply." to clarify that it is not any easier to remove an
(S) combining district than it is to create such an district. In same para~aph add, "For creating
a single-story overlay district," to the beginning of the para~aph for clarification.
8)Page 24, 18.12.120 (c) Limits to HIEs, add "only" so indicates HIE "~anted only for one or
more of the following" applicability items.
9)Page 25, 18.12.120 (c) (10) HIE for historic structures or contributing structures to district, add
"as defmed in Section 16.49.020 of the Municipal Code" following "historic structure" so
lang~aage regarding historic resources is consistent.
10)Page 26, 18.12.120 (d) (1) HIE finding for historic add "on the City’ s Historic Inventory" so
language regarding historic resources is consistent.
11)Page 27, 18.12.140 Historical Review and Incentives, add "as defined in Section 16.49.020 of
the Municipal Code" and "any contributing structure located" to make language regarding
historic resources consistent.
LDR Definitions:
12) Definitions Page 5, Gross Floor Area, 2nd and 3rd floor equivalency, add that measurement is
from the "top of the" finished floor, or "top of the lowest" finished floor to the roof directly
above.
13)Definitions Page 6, Gross Floor Area, historic resource exclusion, add "as defmed in Section
16.49.020 of the Municipal Code" following historic structure, so language regarding historic
resources is consistent.
ATTACHMENT D
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-t Chapter.
Please contact Zoning Ordinance Update staff at (650) "~’)~’_~_v-_ou~ or
zoneupdate@cityofpaloalto.or¢, with any questions.
Chapter 18.12
R-1 RESIDENTIAL DISTRICT
Sections:
18.12.0!0
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
18.12.080
18.12.090
18.12.100
18.12.110
18.12.120
18.12.130
18.12.140
18.12.150
Purposes
Applicable Regulations
Land Uses
Development Standards
Permitted Encroachments, Projections and Exceptions
Parking
Second Dwelling Units
Accessory Uses and Facilities
Basements
Regulations for the Single Story Overlay (S) Combining District
Single Family Individual Review
Home Improvement Exceptions
Architectural Review
Historical Review
Grandfathered Uses
18.12.010 Purposes
Provisions related to the single-family residential (R-1) district, four residential R-1
subdistricts, and the sin.~le-storv (S) combinin~ district are outlined in this chapter.
Requirements for the RE, R-2 and RMD are included in Chapters 18.10. 18.17, and
18.19. respectively. The specific pro-poses of each residential district are stated below:
(a)Single Family Residential District [R-l]
The R-1 single family residential district is intended to create, preserve, and
enhance areas suitable for detached dwellings with a strong presence of nature and
with open areaspac-e affording maximum privacy and opportunities for outdoor
living and children’s play. Minimum site area requirements are established to
create and preserve variety among neighborhoods_, and to r-e4ate provide adequate
open area~pace ÷~,~ .... ,,,~,o~,,~;o÷~ and pen=itted building coverage, and to encourage
quality desi,on. Second dwelling units and accessory structures or buildings are
appropriate where consistent with the site and neighborhood character. Community
uses and facilities, such as churches and schools, should be ~limited unless
no net loss ofhousin~ would result.
18.12.020 Applicable Regulations
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(b)Special Residential Building Site R-1 Subdistricts (7,000), (8,000), (10,000),
(20,000)1
The special residential building site R-1 subdistricts are intended to modify the site
development regulations of the R-1 single family residence district, where applied
in combination with the R-1 district, to create and maintain single-family living
areas of varying site size and development characteristics, to reflect and preserve
the character of existin~ neighborhoods.
(c)Single-Story Combining District (S)
The single-story height combining district is intended to modify the site
development regulations of the R-1 single-family residence district, to preserve and
maintain single-family living areas of predominantly single-story character. An
area proposed for a single stow combinin~ district should be of a prevailing single
story character, thus limitin~ the number of structures rendered noncomplying by
the (S) combinin~ district. It is intended that neighborhoods currently subiect to
single story deed restrictions be developed in a manner consistent v, dth those deed
restrictions. Furthermore. it is desirable that homes be similar in a~e. design and
character, ensuring that residents of an area proposed for rezoning possess like
desires for neighborhood preservation and face common home remodelin_o
constraints.
18.12.020 Applicable Regulations
The specific regulations of this chapter and the additional regulations and procedures
established by Chapters 18.83 to 18.99 inclusive shall apply to the R-1 district
includin~ the R-1 subdistricts.
18.12.030 Land Uses
The permitted and conditionally permitted uses for the single-family residential districts
are shown in Table 1:
Table 1: Permitted and Conditional R-1 Residential Uses
P = Permitted Use & CUP -- Conditional Use Permit Required
Accessory facilities and uses customarily incidental to
permitted uses with no more than two plumbing fixtures
and no kitchen facility, or of a size less than or equal to
200 square feet.
P 18.04.030(3)
18.12.080
i Subdistricts may be reflected on the Zoning Map as R-1(650), R-1 (743), R-!(929) and R-1(1,858),
respectively, reflecting the minimum lot size in square meters rather than in square feet.
2
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Accessow facilities and uses customarily incidental to
permitted uses with more than two plumbing fixtures
(but with no kitchen); and in excess of 200 square feet
in size. but excluding second dwelling units.
Home Occupations. when accessors.,, to permitted
residential uses.
Horticulture, gardening, and gowing of food products
for consumption by occupants of the site.
Second Dwelling Units
CUP 18.12.080
P 18.88.130
P
P 18.12.070
Private Educational Facilities CUP
Churches and Religious Institutions CUP
Community Centers
Utility Facilities essential to provision of utility services
to the neighborhood, but excluding business offices,
construction or storage yards, maintenance facilities, or
corporation yards.
CUP
CUP-
CUPOutdoor Recreation Services
Single-Family P
Mobile Homes P 18.88.140
Residential Care Homes P
Day Care Centers CUP
Small Adult Day Care Homes P
Large Adult Day Care Homes CUP
Small Family Day Care Homes P
Large Family Day Care Homes P
P = PERMITTED USE CUP = CONq)ITIONAL USE PERMIT REQUIRED
18.12.040 Site Development Standards
(a) Site Specifications, Building Size, Height and Bulk, and Residential Density
The development standards for the R-1 district and the R-1 subdistricts are shown
in Table 2:
3
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-! Chapter.
Minimum Site
Specifications
Site Area (ft2)
All lots except flag lots_~1-~
Flag lots
Site Width (ft)
Site Depth (ft)
Maximum Lot Size
Lot Area (square feet)
Minimum Setbacks
Front Yard (ft)
Rear Yard (ft)
Interior Side Yard(if)
Street Side Yard (fi)
Maximum Height (as
measured to the peak of the
roof) (ft)
Standard
Maximum height for
buildings with a roof
pitch of 12:12 or ~eater.
With (S) Combining
Side Yard Daylight Plane
(Excludes street side yards)
Initial HeiSt
Angle (de~ees)
Rear Yard Daylight Plane
Initial Height
Angle (de~ees)
Maximum Site Coverage:
Single story development
With (S) Combining
Multiple story
development
6,000 7,000 8,000 10,000 20,000
As established by 21.20.301 (Subdivision Oral)
60
100
9.99_______9_91 13,999 15,999 19.999 39.999
Setback lines imposed by a special setback map pursuant to
Chapter 20. 08 of this code may also apply
Contextual
2O
6 I 8
16
30®
33ca
18.12.040(d)
18.12.040(e)
18.12.050
18.04.030 (67)
18.12.050
17 feet; limited to one habitable floor(4~)18.12.100
10 feet at interior side lot line~6~
45~
16 feet at rear setback linec~
60m
Equivalent to maximum allowable floor area ratio~
Equivalent to maximum allowable floor area ratioC7~
18.04.030 (44);
18.12.050
18.12.050
18.04.030 (86A)
2 Subdistricts may be reflected on the Zoning Map as R-1(650), R-1(743), R-1(929) and R-1(1,858),
respectively, reflecting the minimum lot size in square meters rather than in square feet.
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED -~ copy of the proposed ZOU R-1 Chapter.
Additional area permitted
to be covered by a patio
or overhang
Maximum Floor Area Ratio
(FAR)
First 5..000 square feet of
lot size
Square footage of lot size
in excess of 5..000 square
feet
5%
.45
.30
Table 3
18.04.65(C)
18.12.040(b)
Maximum
House Size (ft2)6’000(s~
Residential Densi~One unit, except as provided in Section 18.12.060
Parking See Residential Parking Sec. 18.12.080 18.83
m Minimum Lot Size: Any lot less than the minimum lot size may be used in accordance with the provisions of Section
18.88.050.
~ Contextual Front Setbacks: See Section 18.12.040(e) for application of contextual front setbacks.
~ R-1 Fioodzone Heights: Provided, in a special flood hazard area as defmed in Chapter 16.52, the maximum heights
are increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum buildino_
he~_ht of~ feet.4) R-I (S) Height Limitations: Habitable floors include lofts, mezzanines, and similar areas with interior hei~_hts of five
feet (5’) or more from the roof c-,il4n~_ to the floor, but shall exclude finished basements and shall exclude attics that have
no stairway or built-in access.s~ R-1 (S) Floodzone Heights: Provided, in a special flood hazard area as defined in Chapter 16.52, the maximum
height is increased by one-half of the increase in elevation required to reach base flood elevation, up to a maximum
building height of 20 feet.(6) R-1 Floodzone Daylight Plane: Provided, if the site is in a special flood hazard area and is entitled to an increase in
the maximum height, the heights for the daylight planes shall be adjusted by the same amount.(7) Site Coverage: The covering of a court is exempt from the calculation of site coverage provided that the court existed
prior to July 20, 1978.is) Maximum House Size: The Moss floor area of attached _~ara~_es and attached second dwellin~ units are included in
the calculation of maximum house size. If there is no o_ara~e attached to the house, then the square foota_~e ofdne
detached covered parking space shall be included in the calculation.
(b)Gross Floor Area Sumxnarv
The followin~ table summarizes how "m’oss floor area" is counted, for the
purpose of compliance with floor area ratio limits outlined in Table 2. "Gross
floor area" means the total covered area of all floors of a main structure and
accessory structures ~eater than one hundred twen _ty square feet in area.
including covered parking and stairwavs, measured to the outside surface of stud
walls, subiect to the following inclusions, conditions, and exclusions. For exact
language refer to 18.04(65) Gross Floor Area definition.
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Table 3: Summary of Gross Floor Area for Low Density Residential Districts
Description Included in GFA Excluded from GFA
Second floor equivalent: areas with heights >17’,/" (counted twice)
Third floor equivalent: areas with heights > 26’¢" (counted three times)
Third floor equivalent, where roof pitch is >4:12 ¢" , up to 200 sf of
unusable space
Garages and carports enclosed on more than one ¢"
side
Porte cocheres and carports with three or more ¢"
sides completely open
Entry feature < 12’ in height ,/ (counted once)
Vaulted entry > 12’ in height ¢" (footprint
Fireplace footprint
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, breezeways
Basements (complying with patio & lightwell
requirements described in 18.12.070)
Attic space where floor to roof distance is <5’
Attic space where floor to roof distance is >5’
Bay w4ndows (if at least 18" above interior floor,
does not project more than 2’, and more than
50% is covered by windows)
Basement area for Category 1 & 2 Historic
Homes or contributin~ structure within a
historic district (even if greater than 3’)
Unusable attic space for Category 1 & 2 Historic
Homes
counted twice)
(counted once)
(up to 500 sf)
(c)Substandard and Flag Lots
The following site development regulations shall apply to all new construction on
substandard and flag lots in lieu of comparable provisions in subsection (a).
(1) Substandard Lots
(A_A_) For the purposes of this subsection (c), a substandard lot shall be a lot with a
width of less than 50 feet or a depth of less than 83 feet and an area less than
83% of the minimum area required by the zoning of the parcel.
6
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(d)
(B)
(i)
Development standards:
The ....; ....~’~; ~’+
(i)
(ii)
(iii)
Second story additions or new two-story homes are subject to the
Sin.ole Family Individual Review guidelines and review process
described in Section 18.12.110.
For lots less than 50’ in width, the required street side setback shall be
10 feet.
Substandard lots shall not be subject to the R-1 contextual garage
placement requirement.
(iv) Site coverage for two-story home: 40%.
C£_~)__Nothing in this subsection (c) shall affect or otherwise redefine the
provisions of Section 18.88.050(a) as to whether a substandard lot may be
used as a lot under this title.
(2)Flag Lots
(A) A flag lot shall be defined as set forth in Section 18.04(84B).
03) Flag Lot Development Standards:
(i)The maximum height shall be 17 feet, as measured to the peak of the
roof.
(ii)There shall be a limit of one habitable floor. Habitable floors
include lofts, mezzanines, and similar areas with interior heights of
five feet (5’) or more from the roof to the floor, but exclude
basements and shall exclude attics that have no stairway or built-in access.
The chief building official shall make the final determination as to
whether a floor is habitable.
(iii)Front Setback: 10 feet. Flag lots are not subject to contextual front
setback requirements.
(iv)Flag lots are not subject to contextual garage placement
requirements.
Maximum Lot Sizes in R-1 District and R-1 Subdistricts.
This provision limits the potential for lot combinations with a net loss of housing
stock and resultant homes that would be out of scale with homes in the surrounding
neighborhood. In the R-1 district and all R-1 subdistricts, no new lot shall be
created equal to or exceeding two times the minimum lot size prescribed for the
district, except that where 6.000 minimum square foot lots are required in an R-1
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
district, no new lot shall exceed a maximum lot size of 9.999 square feet. as
prescribed in Table 2. Lots lar~er than the prescribed maximum size are permitted
only under the following circumstances: (i) where a Village Residential land use is
approved concurrent with the new lot. resulting in no net loss of housin~ units on
the site(s): (ii) where underlying lots must be merged to eliminate nonconformities
and no net loss of housing units would result: (iii) where an adiacent substandard
lot of less than 25 feet in width is combined with another lot. resultin~ in no net
loss ofhousina units on the site(s): or (iv) where the number of resultant lots
increases or stays the same and results in no net loss ofhousin~ units.
(e)Contextual Front Setbac "ks.
_The minimum front yard ("setback") shall be the greater of twenty feet (20’) or the
average setback, if the average front setback is 30 feet or more. Average setback"
means the average distance between the front property line and the first main
structural element ........ ~ ...... including covered porches, on sites on the same
side of the block, including existing structures on the subject parcel. This
calculation shall exclude flag tots and existin~ multifamilv developments of three
units or more. For calculation purposes.-if five (5) or more properties on the block
are counted, the single ~eatest and the single least setbacks shall be excluded. The
street sidevard setback of corner lots that have the front side of their parcel (the
narrowest street facing lot line) facing another street shall be excluded from the
calculations. For blocks longer than 600 feet, the average setback shall be based on
the ten sites located on the same side of the street and nearest to the subject
property, plus the subject site. but for a distance no ~eater than 600 feet. Blocks
with three (3) or fewer parcels are not subject to contextual setbacks. Structures on
the site in no case may be located closer than twenty feet (20’) from the front
property line.
Contextual Garage 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 shall be
located in the rear half of the house footprint. Otherwise. ~-hean attached garage
may be located in the front half of the house footprint. "Predominant neighborhood
pattern" means the existing garage placement pattern ~at-of-for more than halfo~
~or-e of the houses on the same side of the block, including the subject site. ~
~...÷~. o;~ ~4~÷~.~ ~.1~. This calculation shall
exclude flag lots. corner lots and existin~ multifamil¥ 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 ~eater than 600 feet, . rand on*’°~;~ ÷~’~ Detached g ag
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 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
18.12.040 Site Development Standards
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
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 aarage fronts.
Garage Doors
For Ggarages located within 50 feet from a street frontage, on tots less than 75 feet
in width, the total combined width of garage doors which face-are parallel to the
street at an ~ ~i~, ~,~" on ~ ...... shall not exceed 20 feet.
(h)Minimum Permeable Surfaces in Front Yard
A minimum of 60% of the required front yard shall have a permeable surface that
permits water absorption directly into the soil. Provided, all sites may have an
impervious 16’ x 20’ driveway and an impervious 4’ x 20’ walkway.within the
front yard setback.
Special Setbacks.
Where applicable, setback lines imposed by a special setback map pursuant to
Chapter 20.08 of this code shall be followed for the purpose of determining legal
setback requirements.
Certification of Daylight Plane Compliance
Upon request by the building official, any person building or making improvements
to a structure shall provide a certification that the structure, as built, complies with
the daylight plane provisions in subsection (a). Such certification shall be prepared
by a licensed engineer, architect, or surveyor, and shall be provided prior to frame
inspection.
Lighting
Recreational and security lio~ting shall be permitted only so long as the lighting is
shielded so that the direct light does not extend beyond the property where it is
located= Free-standing recreational and securit3, lighting installed on or later than
March 11, 1991 shall be restricted to twelve feet (12’) in height. Direct light from
outdoor fixtures shall only fall on the walls, eaves, and yard areas of the site on
which it is located. Outdoor fixtures shall have lens covers or reflectors that st4et4
the !amp from ;’ie;;" ~md direct the light away from the neighboring properties.
(l)Location of Noise Producing Equipment
All noise-producing equipment, such as air conditioners, pool equipment.
generators, commercial kitchen fans. and similar service equipment, shall be
located outside of the front, rear and side yard setbacks. Such equipment may.
however, be located up to 6 feet into a street sidevard setback. All such equipment
shall be insulated and housed and any replacement of such equipment shall
conform to this section where feasible. All service equipment must meet the City
Noise Ordinance in Chapter 9.10 of the Municipal Code.
18.12.050 Permitted Encroachments. Projections and Exceptions
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
18.12.050 Permitted Encroachments, Projections and
Exceptions
The following projections and encroachments into required yards, daylight plane and
height are permitted, provided a projection shall not be permitted to encroach into a
special setback, as established by the setback map pursuant to Chapter 20.08 of the Palo
Alto Municipal Code, except as noted in (a)(1)(D) below.
(a)Setback/Yard Encroachments and Projections
(1)Horizontal Additions
Where a single-family dwelling legally constructed according to existing yard and
setback regulations at the time of construction encroaches upon present required
yards, one encroaching side (first floor wall,) of the existing structure, at a height
not to exceed 12 feet, may be extended in accord with this section. Only one such
extension shall be permitted for athe life of such building. No such a~i~ic, n ~Ea!l
.........+÷~.,(-q~,~..,+,~naQ~’÷I,~D,~I,-, ^l+~,,~,,~;,,;~,,~,~,,a,~ This b ectio shallsu s n
not be construed to allow the further extension of an encroachment by any building
which is the result of the granting of a variance, either before or after such property
became part of the city.
(A_)Front Yard. In cases where the existing setback is less than 20 feet, but at
least 14 feet, the-existing encroachment may be extended for a distance of
not more than 100% of the length of the encroaching wall to be extended;
provided, that the total len~o~r.h of the existing encroaching wall and the
additional wall shall together not exceed one-half the maximum existing
width of such building.
Interior Side Yard. In cases where the existing setback is less than 8 feet,
but at least 5 feet, the existing encroachment may be extended for a
distance of not more than 100% of the length of the
encroachin~ wall to be extended but not to exceed 20 additional feet.
(c)Street Side Yard. In cases where the existing setback is less than 16 feet,
but at least 10 feet, the existing encroachment may be extended for a
distance of not more than 100% of the length of the encroaching wall to be
extended, but not to exceed 20 feet.
(D’)Special Setbacks. In cases where a Special Setback is prescribed pursuant
to Chapter 20.08 of the Municipal Code. and the existin~ setback is less
than the Special Setback distance, and at least 14 feet for the front setback
or at least 10 feet for the street side "~ard setback, the existin~
encroachment may be extended for a distance of not more than 100% of
the len~h of the encroaching wall to be extended, provided that the total
len~h of the existing encroaching wall and the additional wall shal!
together not exceed one-half the maximum existing width of such
building.
10
18.12.050 Permitted Encroachments. Projections and Exceptions
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Rear Yard Encroachments for Portions of Homes
A portion of a main building that is less than half the maximum width of the
building may extend into the required rear yard no more than six feet and
with a height of no more than one story, except that for a corner lot having a
common rear property line with an adjoining corner lot, the building may
extend into the required rear yard not more than ten feet with a height of no
more than one story.
Allowed Projections
(A) Cornices, Eaves, Fireplaces, and Similar Architectural Features
(2)
For cornices, eaves, fireplaces, and similar architectural features, excluding
flat or continuous walls or enclosures of usable interior space, the following
projections are permitted:
(i)
(D
(iii)__
{Ax,
(i)
A maximum of two feet into a required side yard. Fireplaces in a
required side yard may not exceed five feet in width. Fireplaces not
exceeding five feet in width may project into a required side yard
no more than two feet.
A maximum of four feet into a required front yard
A maximum of four feet into a required rear yard
Window Surfaces
Window surfaces, such as bay windows or ~eenhouse windows,
may extend into a required sige-o-r-rear yard a distance not to
exceed two feet, or into a required front yard a distance not to
exceed three feet.
(ii)Window surfaces may not extend into required side yards, with the
exception that one ~eenhouse window with a maximum width of
six feet, framed into a wall, may project into the side yard no more
than two feet. The window surface may not extend into any yard
above a first story.
(C)Detached Storage Structures
Detached storage structures not over six feet in height or twenty-five square
feet in floor area may be located in interior side yards and rear yards
11
18.12.050 Permitted Encroaclm~ents. Projections and Exceptions
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
according to the provisions of Section 18.12.080 (b) for accessory structures.
Where the provisions of Section 18.12.080(b) for front and/or street side yard
setbacks are not met For o÷ ....*~ ......* ......;-" ~’°~* ~ ~’~;~’÷ ~ ~ ....*’~ ~v
....... ;~+ ;~ n ...........~ ....~"~;"~" for ~* ............~ the following
projections ~e pe~ed for such stmct~es:
(i)A m~im~ of ~o feet into a required side y~d
(~)A m~im~ of four feet into a required front y~d
(iii)A m~im~ of four feet into a required rear y~d
(~)Uncovered Percales. Patios. Decks. Stai~ays, Landings, BalcoNes, or
Fire Escapes
For ~covered porches (less th~ 30 inches above ~ade), patios, decks.
stai~ays, l~dings, balcoNes, or fire escapes the follo~ng projections ~e
periled, provided these projections ~e not periled above the first story:
(~A m~imm of ~ee feet into a required side yard
(~)A maximum of six feet ~to a required @ont y~d
(iii)A m~im~ of six feet into a required rear y~d
(E)C~opy or Patio Cover
A c~opy or patio cover may be located~ ~ an? ....~ ~o~;~ ~o~;~*~;~ ~ in the
requked re~ y~d or that potion of~e interior side y~d, wNch is more th~
75 feet ~om the s~eet lot line meas~ed Nong ~e co~on lot line. Such
c~opies shall be subject to the follo~ng conditions:
(i)A c~opy or patio cover shN1 not be more than 12 feet in heist.
(ii)~e c~opy or patio cover shall be included in the computation of
building coverage.
(iii) The c~opy or patio cover ~d other s~c~es shall not occupy
more ~ fi~y percent of the required re~ y~d.
(iv)~e c~opy or patio cover shall not be enclosed on more ~ ~o
sides. "
([) Pools, Spas, ~d Hot Tubs
(i) Pools, spas, ~d hot robs may extend into a required re~ y~d a
dist~ce not to exceed fo~een feet, provided that a mi~m
setback of six feet @om the prope~y line shall be maint~ed.
No sw~ing pool, hot rob, spa, or simil~ accesso~ facility shall
be located in ~y potion of a required @ont or street side yard.
12
18.12.060 Parkin~
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Height and Davli~oht Plane Exceptions
(1) Hei ~ht Exceptions
Flues, chimneys, and antennas may exceed the established height limit by not more
than 15 feet.
(2) Daylight Plane Exceptions
The following features may extend beyond the daylight plane established by the
applicable district, provided that such features do not exceed the height limit for the
district unless permitted to do so by subsection (b)(1) above:
(A)Television and radio antennas;
(B)Chimneys and flues that do not exceed 5 feet in width, provided that
chimneys do not extend past the required daylight plane a distance
exceeding the minimum allowed pursuant to Chapter 16.04 of this code.
(C_)Dormers, roof decks, gables, or similar architectural features, provided
that:
(iii)
(iv)
the sum of the horizontal len~hs of all such features shall not exceed
15 feet on each side; and
the height of such features does not exceed 24 feet;
no single feature exceeds 7.5 feet in len~h; and
there is a minimum 5 foot separation between each feature.
Cornices, eaves, and similar architectural features, excluding flat or
continuous walls or enclosures of usable interior space, provided such
features do not extend past the daylight plane more than 2 feet.
18.12.060 Parking
Off-street parking and loading facilities shall be required for all permitted and conditional
uses in accord with Code Chapter 18.83 of this title. The following parking requirements
apply in the R-1 district. These requirements are included for reference purposes only,
and in the event of a conflict between this Section 18.12.060 and any requirement of
Chapter 18.83, Chapter 18.83 shall apply:
(a)Parking Requirements for Specific Uses
Table 4 shows the minimum off-street automobile parking requirements for
specific uses within the R-1 district.
13
18.12.060 Parking
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
~le 4: Parkin~uirements for S R-1 Uses.
Single-family residential use (excluding second
dwelling units)
Second dwelling unit, attached or detached:
>450 sfin size
<450 sfin size
fami!v members
Other Uses
2 spaces per unit, of which one must be covered.
2 spaces per unit, of which one must be covered
1 space per unit. which may be covered or uncovered
See Chapter 18.83
(b)
(c)
(d)
(e)
Parking and Driveway Surfaces
Parking and driveway surfaces may have either permeable or impermeable paving.
Materials shall be those acceptable to Public Works Department standards. Gravel
and similar loose materials shall not be used for driveway or parking surfaces
within 10 feet of the public right of way.
Parking in Yards
(1)No required parking space shall be located in a required front yard. except as
provided for second dwelling units in Section 18.12.070.
(2)No required parking space shall be located in the first ten feet adjoining the
sa~-et-property line of a required street side yard. except as provided for
second dwelling units in Section 18.12.070.
Tandem Parking
Tandem parking shall be permitted for single-family uses and for single-family
uses with a permitted second dwelling unit.
Underground Parking
Underground parking is prohibited for single-family uses, except pursuant to a
variance granted in accordance with the provisions of Section 18.90, in which case
the area of the underground garage shall be counted in determining the floor area
ratio for the site.
14
18.12.070 Second Dwellin~o Units
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Design of Parking Areas
Parking facilities shall comply with all applicable regulations of Chapter 18.83
(Parking Facility Design Standards).
18.12.070 Second Dwelling Units
The following regulations apply to second dwelling units in the R-1 district and all R-1
subdistricts.
(a) Purpose
The intent of this section is to provide rea-ulations to accommodate second dwellin~
units, in order to provide for variety to the City’s housin~ stock and additional
affordable housing opportunities. Second dwetlin~ units shall be separate self-
contained livin~ units, with separate entrances from the main residence, whether
attached or detached. The standards below are provided to minimize the impacts of
second dwelling units on nearby residents and to assure that the size. location and
design of such dwellino~s is compatible with the existin~ residence on the site and
with other structures in the area.
(b)Minimum Lot Sizes
(1)In the R-1 district and all R-1 subdistricts, the minimum lot size for a second
dwelling unit that is in excess of 450 square feet shall be 35% greater than the
minimum lot size otherwise established for the district. Provided, for flag
lots, the minimum lot size shall be 35% greater than the minimum lot size
established by Section 21.20.30 l_of the Subdivision Ordinance. The
minimum lot size for a second dwelling unit that is 450 square feet or less
shall be the minimum size established for the district or. for a fla,o lot, the
minimum established bv Section 21.20.301.
(2)Table 5 shows the minimum lot size required for a second dwelling unit i_~n
excess of 450 square feet, provided, in the event of a conflict between
subsection (1) and this subsection (2), subsection (1) shall control:
Table 5: Minimum Lot Sizes for Second Dwelling Units
in Excess of 450 Square Feet
R-1
R-1 (7,000)
R-1 (8,000)
R-1 (10,000)
R-1 (20,000)
8,100 square feet ("sI")
9,450 sf
10,800 sf
13,500 sf
27,000 sf
Exclusive of any portion of the lot used for access to the street
9,720 sf
11,340 sf
12,960 sf
16,200 sf
32,400 sf
15
! 8.12.070 Second Dwellin~ Units
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(c)Development Standards for Attached Second Dwelling Units
Attached second dwelling units are those attached to the main dwelling. Attached
unit size counts toward the calculation of maximum house size. All attached
second dwelling units shall be subject to the following development requirements:
(1) The minimum site area shall meet the requirements specified in subsection (b)
above.
(2)
(3)
(4)
Maximum size of living area: 250 square feet 900 square feet. The second
dwelling unit and covered parking shall be included in the total floor area for
the site. Am~ basement space used as a second dwelling unit or portion thereof
shal! be counted as floor area for the purpose of calculating the maximum size
of the second ~.mit.
Maximum size of covered parking area for the second dwelling unit: 200
square feet.
Any second stor ~v attached second dweltin~o unit is subject to the provisions
and criteria of Sin~le-Famitv Individual Review. pursuant to Section
18.12.110 of the Code.
Except on comer lots, the second dwelling unit may not have an entranceway
facing the same lot line (property line) as the entranceway to the main
dwelling unit, and !de-exterior staircases to second floor units shall be located
toward the interior side or rear yard of the properts, are
(d)Development Standards for Detached Second Dwelling Units
Detached second dwelling units are those detached from the main dwelling. All
detached second dwelling units shall be subject to the following development
requirements:
(1)
(2)
(3)
The minimum site area shall meet the requirements specified in subsection
(b) above.
Minimum separation from the main dwelling: 12 feet.
Maximum size of living area: 900 square feet. The second dwelling unit
and covered parking shall be included in the total floor area for the site. An___y_v
basement space used as a second dwelling unit or portion thereof shall be
counted as floor area for the purpose of calculating the maximum size of the
second unit.
(4)Maximum size of covered parking area for the second dwelling unit: 200
square feet.
Maximum height: one story and 17 feet. The planning director may allow a
detached second dwellin~ unit to exceed the storv and height restrictions
above, not to exceed the general site development restrictions of this
chapter, where the first story of a two story structure is a garage or similar
use. subject to the Single-Fancily Individual Review criteria and process
established in Section 18.12.110 of the Code.
16
18.12.080 Accessory Uses and Facilities
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(6)The detached second dwelling shall be architecturally compatible with the
main residence, with respect to style, roof pitch, color and materials.
(e)Street Access
The second dwelling unit shall have street access from a driveway in common with
the main residence in order to prevent new curb cuts, excessive paving, and
elimination of street trees. Separate driveway access may be permitted by the
Zoning Administrator upon a determination that separate access will result in fewer
environmental impacts such as excessive paving, unnecessary grading or
unnecessary tree removal, and that such separate access will not create the
appearance, from the street, of a lot division or two-family use.
Parking
The following parking criteria apply to both detached and attached second dwelling
units:
(1)Two parking spaces shall be provided for th__eeeae-h second dwelling unit,
with at least one of the spaces being covered; provided, however, that if
the floor area of the second dwelling unit is 450 square feet or less. only a
single parking space is required, and it may be covered or uncovered.
÷.÷~ .... &-~;-" Such parking shall be
located out of required front setbacks and not closer than 10 feet from the
street in a street side setback, except that a minimummaximum of one
uncovered parking space may be provided within such setbacks
(including in tandem with other parking spaces), upon determination by
the Planning Director that adequate alternative locations are not available
and that the space is readily accessible and will not cause any urmecessarv
~ading or tree removal. New parking areas created in the front or street
side setbacks, if allowed, shall be of permeable materials, if required by
the Planning Director.
18.12.080 Accessory Uses and Facilities
Accessory uses and facilities, as allowed in Section 18.12.030. shall be permitted when
incidental to and associated with a permitted use or facility in the R-1 district or R-1
subdistricts, or when incidental to and associated with an allowable and authorized
conditional use therein, subject to the provisions below.
17
(a) Types of Accessory Uses
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(a)Types of Accessory Uses
Accessory uses and facilities include, but are not limited to, the following list of
examples; provided that each accessory use or facility shall comply with the
provisions of this title:
(1)Residential garages, carports, and parking facilities, together with access and
circulation elements necessary thereto;
(2) Facilities for storage incidental to a permitted use; an__dd
(3)Recreational uses and facilities for the use and convenience of occupants or
employees, or guests thereof, of a principal use or facility.
(b)Location and Development Standards
Except as otherwise provided in this section, accessory buildings shall at all times
be located in conformance with requirements for principal buildings, and shall not
be located in any required front, side, or rear yard. See Section 18.12.050 (a)(3)(C)
for allowed encroachments for small storage structures. Accessory buildings may
be located in a required interior yard subject to the following limitations:
(1) An accessory building shall not be used for living and/or sleeping purposes
unless the building was legally constructed for or was legally converted to
living and/or sleeping purposes prior to October 13, 1983.
(2)
(3)
An accessory building shall not be located in a required front yard, required
street yard, or required rear yard of a through lot.
An accessory building shall not be located in a required interior side or rear
yard unless the building is placed at least seventy-five feet from the front lot
..... +’°°÷ line: and for coruer lots at least twenty feet from the streetside lot
line
str-ee4. Additionally. on lots of less than 95 feet in depth, detached garages
and carports may be located in a required interior side or rear yard if placed in
the rear half of the lot.
(4)
(5)
(6)
Accessory buildings located within a required interior yard as permitted by
this section shall be subject to a maximum height established by a daylight
plane beginning at a height of eight feet at the property line and increasing at a
slope of one foot for every three feet of distance from the property line, to a
maximum height of twelve feet.
No such accessory building ~eater than 200 square feet in size shall have
more than two plumbing fixtures.
Accessory buildings located within a required interior yard, as permitted by
this section, shall not individually or cumulatively occupy an area exceeding
fifty percent of the required rear yard.
18
18.12.090 Basements
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(7)
(8)
The minimum distance between separate buildings located on the same site
shall be as required by Title 16; provided, accessoI3, buildings in the Single-
family Residential (R-1) district shall be separated from the principal building
by at least three feet.
A principal building and an accessory building, meeting the requirements of
Title 16 and each located on a site as otherwise permitted for the principal
building and accessory buildings, may be connected by a structure meeting the
definition of a breezeway. Such structure, or breezeway, shall be a part of the
accessory building.
18.12.090 Basements
Basements shall be permitted in areas that are not designated as special flood hazard
areas as defined in Chapter 16.52. and are subject to the following regulations:
(a)Permitted Basement Area
Basements may not extend beyond the building footprint and basements are not
allowed below any portion of a structure that extends into required setbacks, except
to the extent that the main residence is permitted to extend into the rear yard
setback by other provisions of this code.
(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.
Basement space used as a second dwellin_o unit or portion thereof shall be counted
as floor area for the purpose of calculating the maximum size of the unit (but may
be excluded from calculations of floor area for the total site). This provision is
intended to assure that second units are subordinate in size to the main dwellin~ and
to preclude the development of duplex zonin~ on the site.
(c)Light,veils, Stairwells, Below Grade Patios~ and other Excavated Features
(1)Lightwells, stairwells, and similar excavated features along the perimeter of
the basement shall not affect the measurement of grade for the purposes of
determinina gross floor area. provided that the followin~ criteria are met:
(A)such features are not located in the front of the building;
(B)such features shall not exceed 3 feet in width;
19
18.12.090 Basements
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(2)
(C)the cumulative length of all such features does not exceed 2-g-feet 30%
of the perimeter of the basement:
(D)such features do not extend more than g3_ feet into a required side yard
nor more than 4 feet into a required rear yard. but where a side yard is
less than 6 feet in width, the features shall not encroach closer than 3
feet from the adiacent side property line:
(E)the cumulative len~h of any features or portions of features that extend
into a required side or rear yard does not exceed 15 feet in len~h;
(F)the owner provides satisfactory evidence to the planning division prior
to issuance of a building permit that any features or portions of features
that extend into a required side or rear yard will not be harmful to any
mature trees on the subject property or on abutting properties; and
(G)such features have either a drainage system that meets the requirements
of the public works department or are substantially sheltered from the
rain by a roof overhang or canopy of a permanent nature.
Below-grade patios, sunken gardens, or similar excavated areas along the
perimeter of the basement that exceed the dimensions set forth in subsection
(1), are permitted and shall not affect the measurement of grade for the
purposes of determining ~oss floor area. provided that:
(A)such areas are not located in the front of the building;
(B)All such areas combined do not exceed 2% of the area of the lot or 200
square feet. whichever is re’eater: that each such areas does not exceed
200 square feet: and that each such area is separated from another bs~ a
distance of at least 10 feet. Area devoted to required stairway access
shall not be included in the 200 square foot limitation.
(C)such features do not extend more than 2 feet into a required side yard
nor more than 4 feet into a required rear yard:
(D)the cumulative length of any excavated area or portion thereof that
extends into a required side or rear yard does not exceed 15 feet-in
(E)the owner provides satisfactory evidence to the planning division
director prior to issuance of a building permit that any features or
portions of features that extend into a required side or rear yard vd!l not
be harmful to any mature trees on the subject property or on abutting
properties;
2O
18.12.100 Reautations for the Single Story Overlay (S) Combinin~ District
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(F)
(H)
(I)
such features have either a drainage system that meets the requirements
of the public works department or are substantially sheltered from the
rain by a roof overhang or canopy of a permanent nature;
any roof overhang or canopy installed pursuant to subsection (F) is
within and is counted toward the site coverage requirements established
in Section 18.12.040;
such areas are architecturally compatible with the residence; and
such areas are screened to off site views by means of landscaping
and/or fencing as determined appropriate by the ~
~ ~;-; ~÷-~,~.,-~1o,,~.. director.
18.12.100 Regulations for the Single Story Overlay (S)
Combining District
Applicability of District
The single-story height combining district may be combined with the R-1 single-
family residence district or with any R-1 subdistrict. Where so combined, the
regulations established by this Section shall apply in lieu of the comparable
provisions established by Section 18.12.040. All applicable provisions of that
section shall otherwise govern development in the combinin~ district.
(b)Site Development Regulations
For sites within the single-story height combining district, the following site
development regulations shall apply in lieu of the otherwise applicable site
development regulations of Section 18.12.040:
(1)
(2)
The maximum height shall be 17 feet, as measured to the peak of the roof’_.
provided, in a special flood hazard area as defined in Chapter 16.52. the
maximum hei~,ht is increased by one-half of the increase in elevation required
to reach base flood elevation, up to a maximum building height of 20 feet.
There shall be a limit of one habitable floor. Habitable floors include lofts,
mezzanines and similar areas but exclude basements and exclude attics that
have no stairway or built-in access. Lofts and mezzanines include any space
above the first floor in excess of five feet (5’) from the floor to the roof
above.
21
18.12.110 Single Family Individual Review
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Application for a Sin~ole Storv (S) Combinin~ District
(1) Application to create or remove a single-story overlay district may be made
by an owner of record of property located in the single-story overlay district
to be created or removed.
Application shall be made to the zonin~ administrator on a form prescribed
by the zonino, administrator, mad shall contain all of the following:
(A)A written statement setting forth the reasons for the application and all
facts relied upon by the applicant in support thereof.
(B)A map of the district to be created or removed that includes the address
location of those owners whose properties are sub_iect to the zoning
request. Boundaries shall correspond with certain natural or man-made
features (includinm but not limited to roadways, waterways, tract
boundaries and similar features) to define an identifiable neighborhood
or development. For creation of a single-story overlay district, the area
shall be of a prevailing single story character, such that a minimum of
80% of existin~ homes within the boundaries are single story.
(C)For creating a single-sto~ overlay district, a list of silo-natures evidencing
support by: (i) 70% of included properties: or (ii) 60% of included
properties where all included properties are subiect to recorded deed
restrictions intended to limit building height to a single story, whether or
not such restrictions have been enforced. For the removal of a single-
story overla5.~ district, a list of silo-natures evidencin~ support bv 70% of
included properties, whether or not deed restrictions intended to limit the
building hei,_mht to single stow apply. "Included properties" means all
those properties inside the boundaries of the district proposed to be
created or removed. The written statement or statements accompanying
the signatures must state that the signer is indicating support for a zone
map amendment that affects his or her property. One signature is
permitted for each included property, and a signature evidencing support
of an included property must be bv an owner of record of that property.
(D)A fee. as prescribed by the municipal fee schedule, no part of which
shall be rettm~able to the applicant: and
(E)Such additional information as the zonin~ administrator may deem
pertinent and essential to the application.
An application for creation or removal of a single-story (S) overlay district
made in accordance with this subsection (c) shall be processed in accordance
with Chapter 18.98.
18.12.110 Sin~ole Family Individual Review
(a) Purpose
The goals and purposes of this chapter m’e to:
22
18.12.110 Single Family Individual Review
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(1) Preserve the unique character of Palo Alto neighborhoods:
(2)Promote new construction that is compatible with existin_o residential
neighborhoods:
(3)
(4)
Encourage respect for the sm’rounding context in which residential
construction and alteration takes place:
Foster consideration of neighbors’ concerns with respect to privacy, scale and
massin_o, and streetscape: and
Enable the emergence of new neighborhood design patterns that reflect
awareness of each propertw’s effect upon neighboring properties.
This pro~ana is intended onl,v to mitigate the effects of second story construction
on neighboring homes, and should not be construed to prohibk second story
construction when this Title would otherwise permit it.
(b)Applicabili~,
The provisions of this section 18.12.110 apply to the construction of a new sin.olv
developed two-story structure: the construction of a new second story: or the
expansion of an existino, second story by more than 150 square feet in the R-1
single family residential district. All second-story additions on a site after
November 19. 2001 shall be included in calculating whether an addition is over 150
square feet.
Individual Review Guidelines
The director of planning and community environment shall issue g-uidelines to
direct staff and proiect applicants in implementing the goals and purposes and other
provisions of this chapter. Guidelines establishing substantive review standards for
second story development shall be presented to the planning and transportation
commission for their comment prior to adoption or amendment bv the director.
(d)Findings
Neither the director, nor the city council on appeal, shall ~ant an Individual
Review approval, unless it is found that the application is consistent v~dth the
Individual Review ga~idelines.
(e)Conditions
In granting individual review approvals, reasonable conditions or restrictions may
be imposed if appropriate or necessary to protect the public health, safety, general
welfare, or convenience, and to secure the purposes of this title (Zoning).
Application Review and Action
Applications for Individual Review approval shall be reviewed and acted upon as
set forth in 18.77.075.
23
18.12.120 Home Improvement Exceptions
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
Preliminarv meetin~o with plannin~o staff.
Project applicants are strongly encouraged, before applying for individual review of
a project, to meet with plannin~ staff to discuss designing a project that promotes
the goals of this chapter and the individual review- guidelines, and to discuss the
proposed plans with their neighbors.
Chan~es to approved pro,iects.
The Director may approve changes to a previously approved Individual Review
proiect without following the procedure set forth in 18.77.075 if those changes do
not affect compliance with the Individual Review guidelines. Examples of such
changes include:
(1)Reductions in window or door size. or reductions in the number of windows.
(2)Changes to aspects of the project not reviewed under Individual Review. such
as materials or non-street-facin~ first story windows.
(3)Chan~oes that do not affect privacv/streetscape.
(4)Increases in setbacks
(5)Reductions in second floor mass that do not affect privacy or streetscape.
18.12.120 Home Improvement Exceptions
(a)Purpose
A home improvement exception enables a home improvement or minor addition to
an existing single-family or two-family home. or accessory structure, or both. to be
consistent with the existing architectural style of the house or neighborhood, to
accommodate a sia-nificant or protected tree, or to protect the inte_arity of a historic
structure in conformance with the Secretary of the Interior’s Standards for
Rehabilitation. Bv enabling adaptive reuse of existing buildings, the home
improvement exception promotes retention of existing houses within the City.
(b)Applicabilitv
A home improvement exception may be granted as part of a proposed improvement
or addition to an existing single-family or two-family structure, or accessory_
structure, or both, in the RE. R-1. RMD. or R-2 district, as limited in subsection (c).
A home improvement exception max be ~anted as described in subsections (1)
through (14) of subsection (c). but may not exceed the limits set forth in those
subsections. In order to qualify for a home improvement exception, the prqiect
must retain at least 75% of the existin~ exterior walls.
(c)Limits of the Home Improvement Exception
A home improvement exception may be ~ranted only for one or more of the
following, not to exceed the specified limits:
24
18.12.120 Home Improvement Exceptions
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(2)
(3)
(4)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
To allow" up to 100 square feet of floor area more than the maximum square
footage allowed on the site bv the applicable zonin~ district re~llations
except when an exception is ~ranted tinder subsection (c)(10) for residences
designated as historic structures:
To allow the primarv building to encroach up to 4 feet into a required front
yard setback:
To allow the primarv buildin~ to encroach up to 3 feet into a required rear
yard setback:
To allow the primary building to encroach up to 2 feet into a required interior
side yard setback:
To allow the primary buildin~ to encroach up to 6 feet into a required street
side yard setback (no closer than 10 feet to the property line):
To allow a basement to encroach, alon~ with above grade floor area. as set
forth in items 2.3.4. or 5.
To allow an encroaching dormer, roof deck. gable, or similar architectural
feature to exceed 24 feet in height by up to three feet.
To allow a single dormer, roof deck. gable, or similar architectural feature
that encroaches into the rear daylight plane to exceed 7.5 feet in len~h. In no
event shall the maximum len_o-th exceed 15 feet.
To permit a site with an existin~ two-storv structure to exceed lot coverage
requirements in order to locate remainin~ available FAR for the site on the
first floor
For anv residence desi,o-nated on the Citv’s Historic Inventory_ as a Catego~ 1
or Category 2 historic structure as defined in Section 16.49.020 of the
Municipal Code or any contributin~ structure within a locally desi_c~nated
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 Secretars, of the Interior’s Standards for 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 in accordance with the Secretary of the Interior’s Standards for
Historic Rehabilitation.
To allow a legal non-conformin~ buildin~ wall that is between 3.5 and 5 feet
from the side lot line to be extended up to one-quarter of the len~h of the
existing wall or ten feet. whichever is shorter.
To al!ow a horizontal extension (pursuant to 18.12.050(a) (Setback/Yard
Encroachments and Prqiections)) of a portion of an existing legal non-
conformina building wall that is more than twelve feet above ~ade. Such
horizontal extensions must remain within the height and daylight plane limits
25
18.12.120 Home Improvement Exceptions
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(13)
(15)
for the district unless an HIE or variance for a height or daylight plane
encroachment is ~anted.
To allow an increase in the height of an existing legally non-conformin~
building wall that encroaches into a setback. Such vertical extensions must
remain within the hei~oht and davtight plane limits for the district unless an
HIE or variance for a hei_oht or davli_oht plane encroachment is granted.
To allow, for single-story accessory structures within rear and/or side
setbacks, one or more of the following:
On a comer lot. a detached accessory structure may be as close as ten
feet from the street side property line. For detached garages and
carports, the exception may be granted as lon~ as a minimum
dimension of 18 feet remains between the back of sidewalk and face of
the garage or carport supports.
(B)Four feet additional height above the twelve foot maximum height, as
long as the side davlightplane is met.
(C) A rear daylight plane encroachment of up to three feet.
To allow similar minor exceptions, when determined by the director to be
similar in maamitude and scope to those listed in subsections (1) through (14)
above. Provided, under no circumstances may such exceptions exceed the
limits established in subsections (1) throuo_h (14) above.
Findings
Neither the director, nor the city council on appeal, shall ~ant a home
improvement exception unless it is found that:
(1)The granting of the application is desirable for the preservation of an existing
architectural s _tyle. neighborhood character, protected tree as defined in
Chapter 8.10, or other si,onificant tree, or of a residence that is designated on
the City’s Historic Inventory as a Category 1 or Category 2 historic structure
as defined in Section 16.49.020 of the Municipal Code, or any contributing
structure within a locally desig-nated historic district, which would not
otherwise be accomplished through the strict application of the remalations:
and
(2)
(3)
The granting of the application will not be detrimental or injm’ious to
property or improvements in the vicinity and will not be detrimental to the
public health, safety, general welfare, or convenience: and
The exception is being granted based on characteristics of the property and
improvements on the property, rather than the personal circumstances of the
applicant, and is the minimum exception necessary for the prqiect to fulfill
the purposes of subsection (a).
Conditions
26
18.12.130 Architectural Review
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
In ~ranting home improvement exceptions, reasonable conditions or restrictions
may be imposed if appropriate or necessary to protect the public health, safety,
general welfare, or convenience, and to secure the purposes of this title (Zoning).
Application Review and action
Applications for home improvement exceptions shall be reviewed and acted upon
as set forth in 18.77.075.
18.12.130 Architectural Review
Architectural Review. as required in Chapter 18.76 and 18.77 of the Zoning Ordinance. is
required in the R-1 district and R-1 subdistricts whenever three or more adjacent single-
family residences or duplexes are intended to be developed concurrently, whether
through subdivision or individual applications. In addition to the existing, ARB findings
contained in Section 18.76 & 18.77. the Single Family Individual Review" Guidelines
shall be used bv the ARB in its review" of such applications.
18.12.140 Historical Review and Incentives
Historic home review, as required in Chapter 16.49 of Title 16 of the Municipal Code, is
required in the R-1 district and R-1 subdistricts for alterations or modifications to any
residence designated on the City’s Historic Inventory as a Category 1 or Category 2
historic structure as defined in Section 16.49.020 of the Municipal Code or any
contributin~ structure located within a locally desimaated historic district. The Category
1 or Category 2 designation process for becomin~ a historic structure is contained in
Chapter 16.49 of Title 16 of the Municipa! Code.
Exemptions to gross floor area requirements are available for historic homes pursuant to
the definition of Gross Floor Area in Section 18.04.65(C2). Home Improvement
Exceptions provide for additional square footage and certain other exceptions for historic
homes pursuant to Section 18.12.120 (R-1 Chapter).
18.12.150 Grandfathered Uses
(a)Applicability
The uses specified in subsection (b) may remain as ~andfathered uses provided
that those uses:
(1)are located in the specified district;
(2)existed on the specified date;
(3)on that date, were lawful permitted uses or conditional uses operating subject
to a conditional use permit; and
(4) on that date, were conforming uses.
(b)Grandfathered Uses
27
18.12.150 Grandfathered Uses
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(1)
(2)
Professional and medical office uses (except product testing and analysis, and
prototype development), existing on July 20, 1978 or such uses which were,
prior to July 20, 1978, located in an R-1 district which was imposed by
reason of armexation of the property to the city without benefit of prezoning
and which, prior to the date of annexation, were lawful conforming permitted
uses or conditional uses operating subject to a conditional use permit.
Two-family uses, except where one of the units is a legal nonconforming
detached single-family dwelling on a substandard lot size, and multiple-
family uses existing on July 20, 1978 or such uses which were, prior to July
20, 1978, located in an R-1 district which was imposed by reason of
annexation of the property to the city without benefit ofprezoning and which,
prior to the date of annexation, were lawful conforming permitted uses or
conditional uses operating subject to a conditional use permit.
(c)Permitted Changes
The following re~o~ulations shall apply to the ~andfathered uses specified in
subsection (b):
(1)Such uses shall be permitted to remodel, improve, or replace site
improvements on the same site, for continual use and occupancy by the same
use, provided that
(A)such remodeling, improvement or replacement shall not:
(i)result in increased floor area;
(ii)result in an increase in the number of offices, in the case of
professional or medical office uses, or dwellings, in the case of
residential uses;
(iii)result in shifting of building footprint;
(iv)increase the height, length, building envelope, or size of the
improvement,
(v)increase the existing de~ee of noncompliance, except through
the ~anting of a design enhancement exception pursuant to
Section 18.91.
(2)
(3)
(4)
If a grandfathered use ceases and thereafter remains discontinued for twelve
consecutive months, it shall be considered abandoned and may be replaced
only by a conforming use.
a grandfathered use which is changed to or replaced by a conforming use shall
not be reestablished, and any portion of a site or any portion of a building, the
use of which changes from a grandfathered use to a conforming use, shall not
thereafter be used except to accommodate a conforming use.
The following additional regulations shall apply to gandfathered professional
or medical office uses:
18.12.150 Grandfathered Uses
The following is a draft- NOT ADOPTED - copy of the proposed ZOU R-1 Chapter.
(A)
(B)
(C)
Any remodeling, improvement, or replacement of any building
designed and constructed for residential use shall be subject to
the issuance of a conditional use permit in accord with Section
18.90.
In the event of redevelopment of all or a portion of the site for
permitted residential uses, professional and medical office uses
may not be incorporated in the redevelopment, except that
this provision shall not apply to permanent conversion to
residential use of space within an existing structure now- used for
professional and medical office uses.
(d)Existing Second Dwelling Units on Substandard Size Lots.
In the R-1 district, and all R-1 subdistricts, notwithstanding any provisions of
Chapters 18.88 and/or 18.94, in the case of a legal and nonconforming second
detached single-family dwelling existing prior to July 20, 1978 on a substandard
size lot, such nonconforming use shall be permitted to remodel, improve, or replace
site improvements on the same site without necessity to comply with site
development regulations; provided, that any such remodeling, improvement or
replacement shall not result in increased floor area, number of dwelling units,
height, len~h, or any other increase in the size of the improvement.
(e)Existing Homes on Substandard Lots.
In the R-1 district and all R-1 subdistricts, single-family and two-family homes on
substandard lots, as defined in Subsection 18.12.040(c)(1), and flag lots existing on
August 1, 1991 and which prior to that date were lawful, complying structures, may
remain and be remodeled, improved, or replaced without complying with the height
and habitable floor limitations for substandard lots specified in Section 18.12.030,
provided that:
(1)any such remodeling, improvement, or replacement does not result in a height
above seventeen feet or any additional habitable floor area above a first
habitable floor, except that any structure damaged or destroyed by a natural
disaster (such as fire, flood or earthquake) may be replaced to its previous
size without regard to the height and habitable floor limitations imposed by
this section; and
(2)in the case of a conflict between the provisions of this section and the
provisions of Chapter 18.94, this section shall control.
29
Chapter 18.04
LOW DENSITY RESIDENTIAL
DEFINITIONS
(3) "Accessory building, or structure" means a building or structure which is
incidental to and customarily associated with a specific principal use or facility-, and
which meets the applicable conditions set forth in Chapter 18.12.080.
(15) "Basement" means that portion of a building between the lowest floor and thee
ceiling above, which is fully below grade or partly below and partly above grade, but so
located that the vertical distance from grade to the floor below- is more than the vertical
distance from grade to ceiling.
(15.5) "Bed and breakfast" lodging means the furnishing of rooms or .a-roups of rooms
equipped regularly to provide lodging by prearrangement and for compensation for short
periods of time and not to exceed six g-uest rooms. Meals may or may not be provided.
but there is one common kitchen facility.
(21) "Breezeway" means a building or specific portion thereof., not over twelve feet in
height at the ridge line, which connects two otherwise separate buildings, and which is
not more than fifty percent enclosed at the perimeter, including the wall surfaces of the
buildings so connected.
(24) "Canopy" means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roofline, constructed for the purpose of protection
from the elements in connection with outdoor living.
(24.5) "Carport" means a portion of a principal residential building or an accessory
building to a residential use designed to be utilized for the shelter of one (1) or more
motor vehicles, which is open (unenclosed) on two or more sides (at-including on the
vehicular entry side] "’~’~" ~" ........+~,~. ~, ....~ .....1~,o~,,~ which is covered
with a solid roof.
(35) "Convalescent facility" means a use other than a residential care home providing
inpatient services for persons requiring regular medica! attention, but not providing
surgical or emergency medical services.
(41) "Covered parking" means a carport or garage that provides full overhead
protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, and
Draft Definitions - Low Density Residential
Page 2
vegetation are not ordinary roof coverings and cannot be used in providing a covered
parNng space.
(42) "Day care center" means a day care facility licensed by the State or County for
nonmedical daytime care. This term includes, but is not limited to, nursery schools,
preschools and similar facilities.
(43)Day Care Home.
(A) "Family day care home" means a home licensed by the State or County which
regularly provides care, protection, and supervision e-f-for t~t,~-fourteen or fewer
c~la~., ,~.,~ +~ a~e ~ ~;~’+~ in the provider’s own home, for periods of less than
twenty-four hours per day, while the parents or gnardians are away_, and includes the
following:
(i) "Large family day care home" means a home which provides family
care te-for seven to t~4vefourteen children, inclusive, including children under the age
ten years who reside at the home. subject to the requirements of Section
! 597.465 of the State Health and Safety Code. ~’;o
(ii) "Small family day care home" means a home which provides family day
care te-si-xfor eight or fewer children, including children under the age of eighteea-ten
years who reside at the home. subiect to the requirements of Section 1597.44 of the State
(B) "Adult day care home" means use of a dwelling unit or portion thereof, licensed
by the state or county, for daytime care and supervision of twelve or fewer persons,
above the age of eighteen, and includes the following:
(i) "Large adult day care home" means a home which provides daytime care
of seven to twelve adults.
(ii) "Small adult day care home" means a home which provides daytime care
to six or fewer adults.
(44) "Daylight plane" is intended to provide for light and air. and to limit the impacts
of bulk and mass on adjacent properties. "Daylight Plane" means a height limitation that.
when combined with the maximum height limit, defines the building envelope within
which all new structures or additions must be contained. The "daylight plane" is an
inclined plane, beginning at.a stated height above average ~ade. as depicted in the
development standards for each zone district, and extendin~ into the site at a stated
upward an~le to the horizontal up to the maximum height limit. The tgat-average grade_.
for the purpose of determining the davtight plane, is being anthe average of the grade at
the midpoint of the building and the grade at the closest point on the abutting si4elot line:
"daylight plane" may further limit the height or horizontal extent of the building at any
specific point where the daylight plane is more restrictive than the height limit applicable
Draft Definitions - Low Density Residential
Page 3
at such point on the site. The "daylight plane" shall be measured separately for each
building on a lot, and separately for each side of each building.
(46) "Dwelling unit" means a room or group of rooms including living, sleeping,
eating, cooking, and sanitation/bathing facilities, constituting a separate and independent
housekeeping unit. ............ occupied or intended for occupancy b? .... ,-o..~1..~ on a nontransient
basis and having not more than one kitchen.
(46.5) "Dwellin~ unit. second" means a separate and complete dwellin~ unit. other than
and subordinate to the main dwellin~ unit. whether a part of the same structure or
detached, on the same residential lot.
(51) "Enclosed" means a covered space fully surrounded by walls, including v, dndows,
doors, and similar openings or architectural features, or an open space of less than one
hundred square feet, fully surrounded by a building or walls exceeding eight feet in
height.
(54) "Family" means an individual or group of persons living together who constitute a
bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to
include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging
house, or institution of any kind.
(59) "Gara,__.e. private" means a portion of a principal residential buildin~ or an
accessory buitdin._, to a residentia! use desi_oned to be utilized for the shelter of one (1) or
more motor vehicles and is which is enclosed on two or more sides.
(64)Grade.
A. "Grade," in all districts other than the R-E and R-1 residence districts means the
lowest point of adjacent ground elevation, of the finished surface of the ground, paving,
or sidewalk, excluding areas where grade has been raised by means of a berm, planter
box, or similar landscaping feature, unless required for drainage, within the area between
the building and the property line, or when the property line is more than five feet .from
the building, between the building and a line five feet from the building. In building
areas; with natural slopes in excess often percent_. "grade" shall mean the adjacent ground
elevation of the finished or existing grade, whichever is lower_.
B. "Grade" in the R-E and R-1 residence districts, means, for each building or
structure, the lowest point of adjacent ground elevation prior to grading or fill, if the site
has a natural slope of 10% or less. For R-E and R-1 sites with a natural slope of more
than 10% (calculated using the lowest and highest elevations on the site), "grade" shall
mean the adjacent ground elevation of the finished or existing grade, whichever is lower.
The calculation of"average grade" for the purpose of determinin~ the daylight plane is
described in the definition of"da¥1ight plane."
Draft Definitions - Low Density Residential
Page 4
(65)"Gross floor area" is defined as follows:
(A) Non-residential & Multifamilv Inclusions: For all zoning districts other than the
R-E. R-1. R-2 and RMD residence districts. "G~oss floor area" means the total area of
all floors of a building measured to the outside surfaces of exterior walls, and including
all of the following:
(i)Halls;
(ii)Stairways;
(iii)Elevator shafts;
(iv)-Service and mechanica! equipment rooms;
(v)Basement, cellar or attic areas deemed usable by the director ofplarming
and community environment;
(vi) Open or roofed porches, arcades, plazas, balconies, courts, walkways,
breezeways or porticos if located above the ground floor and used for required access;
(vii) Permanently roofed, but either partially enclosed or unenclosed, building
features used for sales, service, display, storage or similar uses; and
(viii) In residential districts other than the R-E. R-1. R-2 and RMD residence
district~, all roofed porches, arcades, balconies, porticos, breezeways or similar features
when located above the ground floor.
(B) Non-residential & Multifamilv Exclusions: For all zonin~ districts other than the
R-E. R-1. R-2 and RMD residence districts. "G~oss floor area" shall not include the
following:
(i) Parking facilities accessory to a permitted or conditional use and located
on the same site;
(ii) Roofed arcades, plazas, walkways, porches, breezeways, porticos, and
similar features not substantially enclosed by exterior walls, and courts, at or near street
level, when accessible to the general public and not devoted to sales, service, display,
storage or similar uses.
(iii) Except in the CD District and in areas designated as special study areas,
minor additions of floor area approved by the director of planning and community
environment for purposes of resource conservation or code compliance, upon the
determination that such minor additions will increase compliance with environmental
health, safety or other federal, state or local standards. Such additions may include, but
not be limited to, the following:
a. Areas designed for resource conservation, such as trash
compactors, recycling and thermal storage facilities;
b. Areas designed and required for hazardous materials storage
facilities, handicapped access or seismic upgrades;
(iv) In commercial and industrial districts except in the CD District and in
areas designated as special study areas, additions of floor area designed and used solely
for on-site employee amenities for employees of the facility, approved by the director of
planning and community environment, upon the determination that such additions will
facilitate the reduction of employee vehicle use. Such additions may include, but are not
ge-limited to, recreational facilities, credit unions, cafeterias and day care centers.
Draft Definitions - Low Density Residential
Page 5
(D_C) Low Density Residential: In the R-E mad R-1 single-family residence districts
and in the R-2 and RMD two-family residence districts, "goss floor area" means the total
covered area of all floors of a main structure and accessory structures greater than one
hundred twenty square feet in area, including covered parking and stairways, measured to
the outside surface of stud_walls, subject to the following exclusions inctusions,a~t
conditions, and exclusions:
C.1 Inclusions and Conditions:
(i)Floor area where the distance between the top of the finished floor and the
roof directly above it measures seventeen feet or more shall be counted tvdce;
(ii) Floor area where the distance between the top of the lowest finished floor
and the roof_-directly above it measures twenty-six feet or more shall be counted three
times;
(iii) Garages and cGarports enclosed on more than one side shall be included in
goss floor area;
(iv) The entire floor area (footprint) of a vaulted entry feature_, whether
enclosed or unenclosed, shall be counted tvdce in the calculation of included in ~oss
floor area;
(v) The footprint of a tZfireplace shall be included in the gross floor area. but
is only (-counted onec-e time);i
(vi) All roofed porches, arcades, balconies, porticos, breezeways or similar
features when located above the ~round floor and more than 50% covered bv a roof or
more than 50% enclosed shall be included in the calculation. Recessed porches
extending in height above the first floor shall be included once in the calculation~
4.~ +-,~+~ ~o less +~’~’~ <no/~ ....... "~ b ..... ,e ~ ~,~ ÷~.~ 50o/o
Draft Definitions - Low Density Residential
Page 6
C.2 Exclusions:
(vii)Basements where the finished level of the first floor is not more than three
feet above the grade around the perimeter of the building foundation, shall be excluded
from the calculation of gross floor area, provided that lightwells, stairwells and other
excavated features comply with the provisions of Section 18.10.070;
~iii) Attic storage space where the distance between the attic floor and the roof
directly above it is less than 5’ in height shall be excluded from the calculation of ~oss
floor area:
(ix) Two hundred square feet of unusable third floor equivalent, such as attic
space, shall be excluded from the calculation of gross floor area. There shall be no
exclusion of floor area if any portion of the unusable third floor equivalent area has a roof
slope of less than 4:12;
(x) Bay windo~vs shall be excluded from ~oss floor area where the bay
structure is located at least 18" above the interior finished floor level, proiects no more
than two feet from the main buildin~ wall and more than 50% of the bay area is covered
bv windows:
(xi) Recessed Open or partially enclosed (less than 50% enclosed) porches_.
whether recessed or protrudinm located on the first floor shall be excluded from gross
floor area. whether covered or uncovered. Recessed porches located on the first floor
with a depth of less than 10 feet shall be excluded from the calculation if the exterior
side(s) of the porch is opens
(xii) Porte-cocheres and carports completels~ open on three or more sides shall
be excluded from the calculation of ~ross floor area.
(xiii) For residences desianated on the City’s Historic Inventorv as a Category 1
or Category 2 historic structure as defined in Section 16.49.020 of the Municipal Code or
any contributing structure within a locally designated historic district, the following gross
floor area exclusions appl,~,.
1) New or existin~ basement area. including where the existin~ finished level of
the first floor is 3 feet or more above ~ade around the perimeter of the building
foundation walls: and
2) Up to 500 square feet of unusable attic space in excess of 5 feet in height from
the floor to the roof above.
All exterior alterations to historic structures shall be subiect to the provisions of 16.49.
(Historical Review). Additionally. if the structure includes a second story or second story
addition, the proiect shall be subiect to the provisions of Section 18.12.110 (Single
Family Individual Review).
(67) "Height" means, for all districts other than the R-E and R-1 residence district, the
vertical distance above grade to the highest point of the coping of a flat roof or to the
deck line of a mansard roof or to the average height of the highest gable of a pitched or
hipped roo~ except that in the R-2 and RMD Districts the height of a pitched or hipped
Draft Definitions - Low Density Residential
Page 7
roof shall be measured to the height of the peak or highest ridge line. In the R-E and R-1
sin.ole family residence districts, height shall be measured from the highest point of the
structure’s roof., including wall parapets, to the grade. The height of a stepped or terraced
building is the maximum height of any segrnent of the buildin__..
(71) "Home occupation" means an accessory activity conducted in a dwelling unit
solely by the occupants thereof., in a manner incidental to residential occupancy, in
accord with the provisions of this title. (For further provisions, see regulations for home
occupations in Section 18.88.130.)
(75) "Kitchen" means a room designed, intended or used for cookin~ and the
preparation of food and dishwashin~. Kitchen facilities include the presence of maior
appliances or utiliW connections and the ability to store, prepare, cook. and cleanup of
food and food preparation.
(83) "’~ d "Lo glng unit" means a room or group of rooms not including a kitchen, used or
intended for use by overnight occupants as a single unit, whether located in a hotel, motel
or a d’;:e!ling unitbed and breakfast providing lodging. Where designed or used for
occupancy by more than two persons, each two-person capacity shall be deemed a
1 dgi unitseparate o ng ........
(84) "Lot" or "site" means a parcel of land consisting of a single lot of record, used or
intended for use under the re~o~lations of this title as one site for a use or group of uses.
(A) "Comer lot" means a lot abutting two or more streets having an angle of
intersection of one hundred thirty-five degrees or less. A lot abutting on a curved street or
streets shall be considered a comer lot if straight lines drawn from the intersections of the
side lot lines with the street lines to the midpoint of the street frontage meet at an interior
angle of one hundred thirty-five degrees or less.
B) "Flag lot" means an interior lot on which the buildable area is located to the rear
of a lot abutting a street, and which has access to the same street onlv__by means of a
vaawew-driveway.
(C)"Interior lot" means a lot abutting one street.
(D)"Through lot" means a lot other than a comer lot abutting more than one street.
Draft Definitions - Low Density Residential
Page 8
(86)"Lot coverage" encompasses the following definitions:
(A) "Single-family residential use" means the total land area within a site that is
covered by buildings, including all projections except the exterior or outermost four feet
of any eave or roof overhang, but excluding ground level paving, landscaping features,
and open recreational facilities.
(96) "Mobile home (manufactured housing)" means a structure, transportable in one or
more sections, which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities,
and including the plumbing, heating, air-conditioning, and electrical systems contained
therein.
(113) "Patio cover" is defined in subsection (24), Canopy.
(51.3) "Porch" means a roofed: open area. attached to or part of the buildin~ and with
direct access to the residence. Please see defmition for "vaulted entry feature"for similar
structures ~eater than 12 feet in height.
(114.25) "Porte-cochere" means a covered structure attached to a residence or adiacent to
a residence and erected over a driveway, which is completely open on three or more sides
and used for the temporarv unloadin~ and loadin~ of vehicles.
(114.5)"Privacy" means a reasonable expectation that personal activities conducted
within and around one’s home will not be subiect to casual or involuntarv observation by
others. Complete or absolute privacy is not a realistic expectation.
(124) "Residential care home" means use of a dwelling unit or portion thereof licensed
by the state of California or County of Santa Clara, for care of up to six persons,
including overnight occupancy or care for extended time periods, and including all uses
defined in Sections 5115 and 5116 of the California Welfare and Institutions Code, or
successor legislation.
(127) "Screened" means shielded, concealed and effectively hidden from view at an
elevation up to eight feet above ground level on adjoining sites, or from adjoining streets,
within ten feet of the lot line, by a fence, wall, hedge, berm, or similar structure,
architectural or landscape feature, or combination thereof. "Partially screened" means
that the direct view of an identified object is intemlpted as viewed from a specifically
referenced vantage point.
(132) "Single-family use" means the use of a site for only one dwelling unit and. where
permitted, a second dwellin~ unit.
(134) "Structure" means anything that is constructed or erected, the use of which
requires the location on or in the ~ound or attached to something located on the ~ound.
Draft Definitions - Low Density Residential
Page 9
includin~o but not limited to buildings, swimming pools, tennis courts, but excludin_o
patios, sidewalks, driveways, or parkin~ spaces.
(135) "Studio dwelling unit, efficiency dwelling unit" means a dwelling unit consisting
of a single habitable room for living and sleeping purposes, plus ancillary "kitchen and
bath facilities.
(141) "Two-family use" means the use of a site for two dwelling units, which may be
within the same building or separate buildings.
(t 43 .5) "Vaulted entry feature" means a roofed but open structure greater than 12’ in
heio~ht attached to or part of the building and with direct access to the residence. The
height shall be measured from ~rade to the top of the roof or. if there is a second floor
above the feature, then to the underside of the floor above.
(146) "Yard" means an area within a lot, adjoining a lot line, and measured horizontally,
and perpendicular to the lot line for a specified distance, open and unobstructed except
for activities and facilities allowed therein by this title.
(A) "Front yard" means a yard measured into a lot from the front lot line, extending
the full width of the lot bet~veen side lot lines intersecting the front lot line.
03)"Interior yard" means a yard adjoining an interior lot line.
(C) "Rear yard" means a yard measured into a lot from the rear lot line, extending
between the side yards; provided, that for lots having no defined rear lot line, the rear
yard shall be measured into the lot from the rearmost point of the lot depth to a line
parallel to the front lot line.
(D) "Side yard" means a yard measured into a lot from a side lot line, extending
between the front yard and rear lot line.
(E)"Street yard" means a yard adjoining a street lot line. other than the from lot line.
ATTACHMENT E
Additional Staff Analysis and Informational Items:
¯R-1 Second Unit Potential (by Lot Size) Table
¯FAQs on Second Dwelling Units: Existing & Proposed
Regulations in R-1
¯ZOU Overview on Maximum Lot Mergers/Maximum Lot Sizes
City of Palo Alto Planning Division
FREQUENTLY ASKED QUESTIONS ON SECOND UNITS
UNDER EXISTING REGULATIONS...
What is a "second dwelling unit"?
A "second dwelling unit" or "second unit" is a group of rooms forming a subordinate, but independent
housekeeping unit with living, sleeping (bedroom), eating, cooking (full -kitchen) and sanitation!bathing
facilities (full bathroom).
Am I allowed to have a second dwelling unit?
For properties in the R-1 single-family residential districts, you may have a second unit if your lot meets
certain size requirements (is 35% larger than the minimum lot size requirement) and if you can meet all other
second unit standards (listed in the attached table). For lots in the R-1 zoning district a lot size of 8,100
square feet would be required (R-1 combining districts require even larger lots).
How many second units are allowed on one lot? And how big?
Lots with one primary dwelling (main residence) may have ONE second dwelling unit. A detached second
unit may be up to 900 square feet of living space plus 200 square feet for the covered parking requirement.
An attached unit may be up to 250 square feet, either attached to or within the primary dwelling.
If I have more than one dwelling on my lot no,v, can I add a second unit to one of the d~vellings?
No. Single-family residential lots that now have more than one main residence cannot add additional units,
¯ and therefore cannot add any second dwelling units.
Where can a second dwelling unit be located on my property?
The second dwelling unit may be detached or attached (or incorporated within) the primary dwelling unit. A
second dwelling unit must meet all the same location requirements that apply to the main house (including
compliance with all required setbacks).
Am I allowed additional floor area to build a second dwelling unit?
No. The second unit square footage counts toward the overall allowable floor area as well as toward the
allowable site coverage for your property.
Do I need more parking for a second dwelling unit?
Yes, in addition to the parking already required for your main house, parking is also required for the second
unit. For a detached second unit that is up to 900 square feet, two additional parking spaces, one of which
must be covered are required. For an attached second unit (up to 250 square feet), one additional covered or
uncovered space is required.
What other development standards apply to second units?
The attached table on this handout outlines the existing development standards that apply to second units.
The table also compares them with the changes proposed (not adopted) in the Zoning Ordinance Update
(ZOU). Please see the ZOU webpage for more information on these and other proposed changes
(w~’.cit ~vofpaloalto.or#zoning).
Can I rent rooms in my house? Can I rent a second dwelling unit?
Yes. Under state and federal law, a "family" includes both related and non-related residents in a home, and
the number of residents may only be limited if fire safety capacity, or other building safety related
re~oa~lations are violated. Second units may similarly be rented but the City may limit the size (up to 900
square feet) and number (only One second unit allowed) of second units on a lot.
How do I apply to build a second dwelling unit?
Once you determine if your property is eligible for a second unit and have a second unit designed for your
property considering all the applicable zoning and building regulations, you may submit your building permit
application with plans to the Development Center at 285 Hamilton Avenue for City review. More
information and application requirements for single-family home construction is available at
v~avw.cit¥ofpaloalto.orWdevcenter under "Getting Started".
Pa~e 1 March 8.2005
City of Palo Alto
Zoning Ordinance Update
EXISTING & PROPOSED (NOT ADOPTED) CHANGES
REGARDING SECOND DWELLING UNITS
Why does the City ~vant to increase the potential for second dwelling units?
The proposed regulation changes implement the Comprehensive Plan/Housing Element pro~ams H-7 & H-8 to
"encourage second dwelling units by considering flexibility in the regulations, such as reduced parking requirements,
limiting maximum size, allowing for attached units, and reducing the minimum lot size requirement." State law directs
all California cities to provide opportunities for the construction of second dwelling units and limits the extent to which
cities may control them.
R-1 Second Unit EXISTING PROPOSED (NOT ADOPTED)
Requirements
Minimum Lot
Area
Maximum Size
Maximum
Height
Parking
Open Space
Detached & Attached:
¯(Up to 900 sf detached, or up to 250 sf attached
units) on lots with 135% of minimum lot area
for zones (8,t00 for R-1 zone)
Other:
Detached: 900 sf living area
Attached: 250 sf for attached
Detached: 17’ and single story
Attached: Second story allowed within primary
unit through Individual Review process
Detached: 2 spaces (one covered)
Attached: 1 space (covered or uncovered) for up
to 250 sf unit
Both:
¯ Located out of front setback
¯ Common driveway required
¯ Tandem parking allowed
Detached & Attached:
¯Allow small (up to 450 sf) units on lots
meeting underlying zone’s minimum lot size
(6,000 sffor R-l)
¯Larger units (451 to 900 sq ft) would still
require 135% of minimum lot size
Detached: No change
Attached: Allow up to 900 sf for attached
Both: Allow small (up to 450 sf) units on lots
meeting underlying zone’s minimum lot size.
Both: Second story units allowed through
Individual Review process
Both:
¯ For larger units (451 to 900 sf) - no change - 2
¯ Alternative paving materials allowed
spaces (1 covered) required
¯ For small units (up to 450 sf) 1 space, covered
or uncovered
¯ 1 uncovered space (for second unit only) may,
with Director’s review and approval, be
Detached: 200 sf
Attached: None required
Detached:
¯ Architecturally compatible
Attached:
¯ No entrance on same side as main entrance
¯ No exterior stairways
Both: All other development standards (setbacks,
DLP, etc.) apply
located within the front setback (if it cannot
be provided elsewhere on-site)
¯ No change to other (common driveway, tandem
parking, alternative paving materials)
Detached: Delete requirement - shared with
primary dwelling
Attached~: No change.
Detached: No change
Attached:
¯No change to entrance location requirement
¯Exterior stairways allowed on side/back;
subject to IR guidelines
Both: No change for other requirements
Will changes allow more than one second dwelling unit?
No. Low Density Residential lots currently allow one primary and one second dwelling unit (if the second dwelling
unit standards can be met). This is not proposed to change. Residential lots that now have more than one primary
dwelling may not add additional units, and therefore may not add any second dwelling units.
How many more second units does staff anticipate will be built with the proposed changes?
In R-1 zones, two to three second dwelling units receive building permits each year. Staff anticipates that
approximately 8 additional second units could receive building permits each year if a similar rate of construction is
applied to all eligible lots. Staff will, however, monitor the actual second unit construction annually and report to the
Planning and Transportation Commission for their review.
Page 2 March 8, 2005
City of Palo Alto
Zoning Ordinance Update
PROPOSED (NOT ADOPTED) CHANGES
REGARDING SECOND DWELLING UNITS
Will allowing larger attached second units create duplexes in R-l?
What is the difference between a duplex and an attached second dwelling unit?
A duplex, allowed in the R-2 zoning districts but not in single family zones (R-l), consists of two primary dwelling
units or single family homes, frequently within the same structure, and the allowable floor area of the property is often
split 50/50 between the two units. A second dwelling unit is required to be a subordinate to the primary home and is
limited in size (up to 900 sq ft), such that a second dwelling unit could not comprise more than about 28% of the
allowable floor area on the site.
Page 3 March 8, 2005
City of Palo Alto
Zoning Ordinance Update
Maximum Lot Sizes/Lot Mergers in the R-1 District
Comprehensive Plan (Housing Element) Program H-5:
"Address the loss of housing due to the combination of single family
residential lots. Consider modifying the R-1 zoning district to create a
maximum lot size to prevent the loss of housing or housing opportunities."
The following is from the proposed ZOU R-1 chapter:
18.12.040(d) Maximum Lot Sizes in R-1 District and R-1 Subdistricts.
(d)Maximum Lot Sizes in R-1 District and R-1 Subdistricts.
This provision limits the potential for lot combinations with a net loss of housing stock and
resultant homes that would be out of scale with homes in the surrounding neighborhood.
In the R-1 district and all R-1 subdistricts, no new lot shall be created equal to or
exceeding two times the minimum lot size prescribed for the district, except that where
6,000 minimum square foot lots are required in an R-1 district, no new lot shall exceed a
maximum lot size of 9,999 square feet, as prescribed in Table 2. Lots larger than the
prescribed maximum size are permitted only under the following circumstances: (i) where
a Village Residential land use is approved concurrent with the new lot, resulting in no net
loss of housing units on the site(s); (ii) where underlying lots must be merged to eliminate
nonconformities and no net loss of housing units would result; (iii) where an adjacent
substandard lot of less than 25 feet in width is combined with another lot, resulting in no
net loss of housing units on the site(s); or (iv) where the number of resultant lots increases
or stays the same and results in no net loss of housing units.
Section of Table 2:R-1 Residential Development Standards
Maximum Lot Size
Lot Area (square feet)9,999 13,999 15,999 19,999 39,999 18.12.040(d)
Number of Lot Mergers 2000 - present
Over the last 5 years (2000 - present), 9 lot mergers have occurred in single-family residential
districts (3 in 2000; 2 in 2001; 4 in 2004) (5 housing units were lost with these 9 mergers).
Of these 9 mergers, 7 would not be allowed under the above proposed code / comprehensive plan
policy.
A majority of certificate of compliances (the form filed for lot mergers, underlying lot line
removal, lot line adjustments, & tot splits resulting in 2 or 3 parcels) were filed for the removal
of underlying lot lines (52 over the last five years) and would not be impacted by the proposed
changes (see exception noted above). Lot line adjustments (16 over last five years) and lot splits
(3 over last five years) would also not be impacted by the proposed changes.
ATTACHMENT F
EIIner, Robin
From:
Sent:
To:
Subject:
Dorrit Kingsbury [dorrit@sbcglobal.net]
Monday, November 15, 2004 2:45 PM
EIIner, Robin
zoning ordinance
Importance: High
Hello Robin,
I spoke to you on the phone last week and you encouraged me to put my thoughts in an email since I’m uncomfortable
speaking up in the open house meeings. I want to thank you for the suggestion because I do feel strongly and want my view
heard .... (I warned you that I need to be casual about this....I have a lot of thoughts but not the skill to express it as well as I
would like.) Here goes...
I am very concerned about the apparent imbalance that is forming on the issues of increasing density and restricting lot-size. I
believe that increasing density around the city should occur in the main shopping areas such as surrounding downtown and
not in our neig~hborhoods. Splitting up lots in the name of "creating lower cost housing" does not work in an affluent area
especially well. There have been a number of splits in my nei~hborhood in the past few years that bother me a lot more than
the one or two projects that combined lots. On Churchill (near embarcadero) a lovely lot has been split into two big homes
with minimal yards. The first house sold for over 3.5 million. Is that serving the need for lesser income housing? No, it’s
filling a developer’s pockets at the expense of making my surroundings more crowded and less beautiful. In regards to added
units on existing lots, I have several neighbors who have illegal rentals in garages that earn families $1,500. a month for a
120+ sqft space. (Most of these garages are in the back set-back so people in the street don’t see them but we have them
living ri~ht over our fences. We don’t need more of that. I’m not happy that all these renters have encroached on me and my
family’s experience of our own back yard. At the very least, please don’t let residents rent spaces located in set-backs because
the neighbor is the one who feels it most.
I know that there is a real need to serve a larger community-- Heck we couldn’t possibly by our own house today. But,
density at its best should be close to commerce and buses and the like to promote less of cars and a vibrant downtown or
shopping district. -- Further, I happen to be a gardener. My daughter happens to love playing in our back yard. Both of these
basic pleasure in life are being eroded. The town loses some of its appeal as this happens more and more.
So, please, be careful as you study these issues and make virtually irreversible decisions (such as splitting up lots). Also, in
considering tot-combining, I strongly feel that if the city is going to break lots up, there should be equal possibility to add lots
together. It’s unfair to favor one direction and it makes it much more difficult to have meaningful checks and balances over
time. What is so horrible about a 10,000 square foot lot? What is so horrible about a much larger lot? I "know there are a few
unreal ’Macho Mansions’ that have gone in but, truly, most of the really big houses are beautiful albeit out of reach for the
rest of us. I should not that there are also many lot divisions that have created ’mini-macho-mansions’. -- If you must make
limits on combining lots, please consider it in relationship to the size of lots you are allowing to be split. I don’t think that
9,999 sq ft is an appropriate limit. Such a limit should be much larger, if at all.
I guess you have my view now. I hope my thoughts are helpful. If you have any questions or would like to share my thinking
in any form, feel free. I would be grateful for a response.
Thanks for the opportunity to put my view out there,
Dorrit Kingsbury
2/2812005
Page 1 of 1
EIIner, Robin
From:Darren Neuman [Darren@Neuman.net]
Sent:Wednesday, December 01, 2004 7:52 AM
To:ZoneUpdate
Subject:Zoning Update Meeting
Hi,
I attended the Zoning update meeting at the Community Center on Nov. 30th, and wanted to provide my comments:
1) The changes to substandard lots to allow second stories is a good move. It establishes good balance between property
owners rights, and neighborhood concerns. Hopefully it will encourage landowners to improve, rebuild or invest in their
properties, and improve the neigAaborhoods they live in.
2) The change to the corner lot street side setback for substandard lots also shows good insight. The street side setbacks are
punative on narrow lots, and this change will allow homeowners to build nicer looking homes.
3) The staff did a good job to prepare and present the changes to the Zoning ordinance. I appreciate their work and it shows
that a lot of consideration went into the code changes.
-Darren Neuman
2/28/2005
Ondik, Susan
Subject:Terminology for Lots of Different Sizes
..... Origina! Message .....
From: Carlin Otto [mailto:cotto@cisco.com]
Sent: Wednesday, December 08, 2004 I0:00 ~
To: Ondik, Susan
Subject: Terminology for Lots of Different Sizes
Ms Ondik:
Attached is a table that summarizes the terminology defined in the text of the new
proposed Zoning Ordinance that can be used to refer to !ots of different sizes in the
various R-I sub-districts. Please note the right-most column. This col~n lists the !ots
that cannot be easily talked about because they do not have any te_~m defined for them.
There is large gap between what is called a "sub-standard" lot
and what is called a "minimum sized" lot.
If the text of the code would clearly specify what to call
these lots that fall in between "minimum-sized" and
"sub-standard" life will much clearer and easier for everyone.
Minimum Size to Max Size to
Qualify for qualify for
"Minimum Lot ....Substandard Lot"
R-I 6000 6000 4980*4981 - 5999
R-I 7000 7000 4980*4981 - 6999
R-I 8000 8000 4980*4981 - 7,999
R-I i0,000 i0,000 4980*4981 -9,999
R-I 20,000 20,000 4980*4981 - 19,999
Lot Sizes that do not
have a name/label
* This size is defined by section 18.12.040: c,l,a and it applies to ALL the sub-districts
as stated by 18.12.020
Page 1 of 1
EIIner, Robin
From:Doug W[doug_w@dslextreme.com]
Sent:Wednesday, December 15, 2004 1:46 AM
To:ZoneUpdate
Subject:Regarding the Zoning Ordinance Update Community Meeting
Hi Robin,
Regarding the Zoning Ordinance Update Community Meeting, which I attended this month, I am in
favor of the P&TC recommendation regarding the change of contextual front setbacks to apply only if
the average front setback if more than 30 feet. This allows me to continue with my plans that have been
on hold because of the current setback constraint.
So, why should you change the current setback?
1) The current setback can deter improvements. For example, my neighbor wants to tear down his
existing house and build a 2 story house. Since his house is the 2nd furthest from the property
line, then ifI wait until he builds, he moves the average another foot or so. (I like to have a set
value--20 feet, no guessing.)
2) Measuring the average of 10 homes has been difficult. Your overhead images are not up to date,
and I do not think my neighbors would like me walking around their property. Also,
determining the property line can be difficult in my neighborhood since the street is not a straight
line. The change will eliminate this problem for many residents.
3) Houses already exist at 20 feet from the property line. (Like my neighbor’s home.) His house
has already set the visual impact of the block.
4) A reduction of demolition debris can result. Having the 20 foot front setback adds flexibility and
opens options to a complete tear down of an existing house.
Regards,
--Doug Weigel
2/2812005
Page 1 of 1
Eliner, Robin
From:on behalf of EIIner, Robin
Subject:FW: time line for zoning updates?
..... Original Message .....
From: Francis Schumacher [mailto:friendschumacher@earthlink.net]
Sent: Monday, January 03, 2005 9:20 PM
To: Ondik, Susan
Subject: Re: time line for zoning updates?
Susan --
Thanks for the information. For what it’s worth, I’d like to add my voice in support for the R-1 zoning changes (I
wasn’t able to attend the public meetings). I agree with the concept of trying to increase housing options, and I
think the 450 square foot second unit option is a good idea. I doubt that very many people will build such units, so
it won’t increase density too much -- it’ll be a good compromise. As an owner of a flag lot, I would have *liked* to
have the ability to build a second story, but I understand the local politics that makes that an unpopular change.
The change to reduce the front setback to 10 feet is a nice consolation prize.
By the way, my interest in a second unit on my flag lot is for my parents. I imagine that most second units will
start out that way. My current plan is for a 750 square foot unit, a 2/1. At the moment it’s just a pipe dream with
little chance (maybe 10%?) of becoming reality. Without the rule changes, the project isn’t practical (it’s too
small!).
-- Francis
31812005
ZOU: ~ub-Standard Lots and Contextual Setback Page 1 of 3
EIIner, Robin
From:Betten, Zariah
Sent:Tuesday, January 04, 2005 10:15 AM
To:Lusardi, John; EIIner, Robin; Annette Bialson; Bonnie Packer; Karen Holman; Lee Lippert; Michael
Griffin; Patrick Burt; Phyllis Cassel
Subject: FW: Sub-Standard Lots and Contextual Setback
FYI.
Zariah, x2g,10
..... Original Message .....
From= Roger Pierno [mailto:rpierno@valleywater.org]
Sent= Monday, January 03, 2005 1:44 PM
To; ZoneUpdate; Planning Commission
Subject; ZOU: Sub-Standard Lots and Contextual Setback
Dear Planning and Transportation Commission Members and Staff:
While we favor the overall intent of the Zoning Ordinance Update (ZOU) proposal to integrate R1
requirements into a single chapter and we have no objections to many of the individual proposed
changes, we are extremely concerned with and perplexed by the proposed revisions to the substandard
lot development standards. The substandard lot revisions will undo si~ficant protections adopted with
great public input in the 1980’s due to community outrage over certain new developments in the College
Terrace neighborhood where we live. In particular, staff has recommended outright elimination of the
17-foot height maximum and the "one habitable floor" restrictions for substandard lots, changes that are
profound and sweeping. The changes will open the door to the kind of development that inflamed this
neighborhood two decades ago and in direct response to which the substandard lot restrictions were
implemented. We are also opposed to the proposed elimination of the contextual front yard setback
standards for lots where the average setback is less than 30 feet. We suggest alternatives below to
address the concems of owners of larger substandard lots.
The substandard lot restrictions are of critical importance to residents in the College Terrace
neighborhood, which contains dozens of substandard lots. The existing restrictions have prevented the
conversion of smaller, more affordable homes into out-of-character, oversized homes on the tiniest lots.
Prior to the adoption of the substandard lot development standards, truly intrusive and overbearing new
homes were being built on these lots. It is for this reason that College Terrace residents strongly rallied
for and won the protections at issue. We realize that City Staff may not have been part of the Palo Alto
community at the time, but that hardly justifies ignorance of the past or staffs apparent position that the
proposed changes are so minor that they can be slipped through as part of a larger code consolidation
and updating effort. These changes will have very real and very significant impacts for the residents who
live in this neighborhood.
Just recently, new owners of the 25 x t 15-foot lot (at 1220 College Avenue) abutting our property
proposed replacing the existing one-bedroom, one-bath home with a three-bedroom, three-bath, 2,000-
square-foot, 2-story home that would have been out of character with the existing density, height, and
setbacks in the neighborhood. Even with f~rst floor variances into the side yard setbacks, at 22.5 feet
high, the house would have been much taller than it was wide; literally a 22.5 foot high wall! More
2/28/2005
ZOU: Sub-Standard Lots and Contextual Setback Page 2 of 3
than a dozen people turned out in the middle of a work day to oppose the variance request, largely on the
basis that the two-story, overly-massive structure was entirely inconsistent with the substandard lot
restrictions. The many variance requests were rejected and the owners have redesigned the house to
conform more closely to the substandard lot restrictions, including, importantly, the "one habitable
floor" and maximum height restrictions. Thus, the existing regulations prevented the approval of an out
of character blight on the neighborhood.
Many of the substandard lots in this neighborhood contain smaller rental units or what is Palo Alto’s
version of "starter homes." In a City with constantly rising housing prices, the elimination of any
significant development standards on these lots will encourage even more speculative purchase and the
conversion of modest homes to large, oversized houses. That is precisely what was being proposed at
1220 College Avenue and what was, in part, defeated by the maximum height and "one habitable floor"
restrictions. Especially given this neighborhood’s proximity to Stanford, the current substandard lot
standards encourage property owners to provide housing stock that can accommodate students,
university staff, and others who cannot afford to buy or rent the kind of 2,000-square-foot, three-
bedroom house being proposed adjacent to us. And, isn’t maintaining the smaller houses part of the
motivation for reducing the number of lot mergers that the City is also working on?
The contextual front setback should not be eliminated. On many blocks in our neighborhood the
average setback is 23 to 25 feet. Allowing a new house to project 5 or more feet beyond a neighbor’s
house when the houses are so close together will create a tunnel effect for the existing houses. Also,
houses that project many feet out from their neighbor’s .will completely disrupt the look and feel of the
neighborhood.
What constituency are these proposed changes attempting to serve, other than profit-seeking developers
and a few existing landowners who may be able to cash out their properties for a windfall gain? City
staff should instead be protecting City residents as a whole who make up the community. Adoption of
the proposed changes to the substandard lot development standards would be a huge step backwards for
this community. It would not simply "allow more flexibility," as the City Manager has suggested; it
would open the floodgates for conversion of some of the last "affordable" single family housing in Palo
Alto and continue to destroy the unique, smaller-scale character of the College Terrace neighborhood.
Also, allowing more-"flexibility" opens the door for high pressure developers to strong-arm staff into
approving outrageous projects with the threat of law suits for unequal treatment; if the standards are
clearly stated and adhered to, all will be treated equally. We strongly urge you to reject these changes as
proposed.
We propose the following to address our concerns:
1. For substandard lots, second stories should only be allowed where the proposed house’s ratio of
maximum height to maximum width is equal to or less than 1. This would prevent second stories on the
narrowest lots, while allowing them on wider substandard lots. This method addresses both the second
story and the height restriction issues for these lots. There should be no variances allowed to this
standard.
2. For substandard lots, No part of the second story, except those listed in 18.12.050(a)3, should be
allowed to encroach into the setbacks. There should be no variances allowed to this restriction.
3. For proposed houses with second stories on substandard lots, there should be no variances allowed
for the FAR standards or for encroachments into the Daylight Plane.
2/28/2005
ZOU: Sub-Standard Lots and Contextual Setback Page 3 of 3
4. For all lots, the contextual front yard setback should be maintained but its method of calculation
modified as follows: The front setback should be the lesser of the average block setback or the setback
of either adjacent sideyard neighbor, but not less than 20 feet. This will prevent the existing neighbors
from feeling like they are living in a runnel if their house is setback, say, 26 feet and the new house is
setback 20 feet. It also keeps the general feel of the block consistent by not allowing excessively
protruding houses while allowing a reasonable amount of site development.
Thank you for considering our comments.
Sincerely,
Deborah Sivas
Roger Pierno
1200 College Avenue
P.S. We tried to use the online public comment page
g_tt_p://ww~.ci~ofpaloalto.or~n_~/comment.html but it did not work, "URL not found".
2/28/2005
Ondik, Susan
Subject:R-1 Zoning Update
..... Original Message .....
From: David [mai!to:david@so!nick.net]
Sent: Monday, January 31, 2005 12:31 PM
To: Ondik, Susan
Cc: Lusardi, John
Subject: Re: R-! Zoning Update
Thank you for sending the R-! updates. For what it’s worth, I believe
the compromise on substandard !ots is a good one.
By contrast, I don’t think that raising the threshold size of lots for
al!owing 2nd dwelling units, from 6000 to 7000 sf, is a good idea.
Second units make sense in the areas of high density, such as downtowm.,
which is exactly the areas where most of the !ots are be!ow 7000 sf.
The 7000 sf threshold will do exactly the opposite of what the comp.
plan encourages, i.e. promoting density in areas with many services and
public transportation.
This is what happens with "one-zone-fits-all" R-I zoning, if the zoning
in higher density R-! areas were differentiated, then one could make
the 7000 sf threshold apply only in those areas that are away from
downtown areas, with the 6000 sf threshold applying downtown,
California Av, etc.
David
EIIner, Robin
From:
Sent:
To:
Subject:
Eser Ayanoglu [ayanoglue@earthlink.net]
Monday, February 14, 2005 11:38 PM
ZoneUpdate
A second story for my house on a substandard lot
I hope this message is being sent to the wright addreess. If not, could you please direct me to the
correct address or forward this message to the correct one? Thank you.
I’m an owner of a house on a substandard lot in Palo Alto. My house is flanked by two standard size
two-story houses.
For me, to be able to rehabilitate this old house is to be able add a second story. I believe this would
be the only architecturally and financially sound solution to the existing situation.
Best regards,
Eser Ayanoglu
2859 Kipling Street
Palo Alto, CA 943o6
Ondik, Susan
From:
Sent:
To:
Subject:
ayanoglug@earthlink.net
Tuesday, February 22, 2005 8:37 PM
Ondik, Susan
Zoning Ordinance Change: Substandard Lots
Hi,
I am an owner of a small old house on a substandard lot (32’.7’’ witdth).
I support allowing second stories on substandard lots subject to R-! development
standards. Our neighborhood pattern changed dramatically in the recent years with
many new and remodelled two story houses in our block. Our house is now dwarfed
by two new houses on sides, and appears like a cottage or a secondary dwelling
to some other unit. The curb appea! of the house is poor, and that effects the
overall apperance of the street.
We have considered remodelling our house several times.. .Anybody who is involved
in making plans for such houses would acknowledge how difficult to design a house
on a narrow lot, especially it is width which is narrow. We wanted to improve the curb
appeal of
our house. We wanted to have the front door at the front of the house, but it meant to
give up
one of the two bedrooms we have. Even with a considerable investment, a significant
improvement
to the front of the house proved to be not feasible. A second story can make this
possible, i believe
a two story house will look good the on street, will improve the appearance of the entire
block.
One of the arguments against the second story allowance is the potential negative
Effect on the daylight plane. I believe this will not be significantly different from a
house on standard lot.
Some of the opponents of the proposa! i believe tend to treat the substandard lots as a
granted open area,
such as a park or a recreation area. They are not, they are houses as rea! as the others,
and should be treated as such.
I support the proposal that will allow the second story with R-I restrictions, and with no
specia! height
restrictions. I see no resaon to justify the height restrictions. I think om~ers should
be encouraged to build
the best house they can build. I believe this will make a difference and allow
rehabilitation of a significant
number of old buildings, and will be in line with the philosophy of the proposed zoning
ordinance change.
Best regards,
Gulesi Ayanoglu
2859 Kipling Street
Palo Alto,
Page 1 of 2
EIIner, Robin
From:Lily Lee [lee_lilyning @yahoo.corn]
Sent:Wednesday, February 23, 2005 3:40 PM
To:ZoneUpdate
Subject:Questions re proposed change in zoning to encourage more "granny units" on 6,000 sf lots
Dear Zoning Update staff,
1 live in Palo Alto in the Ventura neighborhood. I read in a Palo Alto Weekly article that in the spirit of
encouraging more infill housing development, restrictions on "granny units" could be lifted on smaller
lots.
http://www.paloaltoonline.com/weekly/morgue/2005/2005 02 04.zone04ja.shtml
I am very interested in learning more about this topic and in finding the appropriate routes to contribute
my opinion to this debate or to learn what the outcome is, if the matter is already resolved.
I checked http://www.city.palo-alto.ca.us/zonin~/and downloaded your very useful FAQ sheet on 2nd
units.
I have both technical and procedural qestions:
Technical: I have an existing 1-story 1299 sf home on a 6,000 sf lot in R-1 zoning. I also have a
detached 2-car garage on this lot that has probably been there, along with the home, since the 1940’s. I
already have an uncovered driveway area big enough to fit 4 cars.
Is it possible that if the new proposed zoning would go into effect that I could convert part of the
existing garage into a legal 2nd dwelling unit?
To make the math easier, if I assume I have a maximum FAR of .45 X 6,000 sf - 2700, then I have a lot
more I could theoretically add before meeting that limit, even assuming that the existing garage would
be included. If I can convert the garage, would I be restricted to 450 sf or less for the 2nd unit if
detached?
If I build an attachment, am I allowed a larger 2nd dwelling unit?
If the garage was there before 1978, then what setback restrictions, if any, would apply?
Procedural questions: The article mentions a meeting in March where a decision will be made. Is this a
Planning!Trans Commission Mtg? A Council Mtg? Where does the decision-making authority lie?
With the Planning Commission? Or have they already acted, and it’s going to Council next? And would
the best avenues to contribute my opinion be via speaking at the appropriate meeting, writing to
individual Commission or Council members? Could you please point me in the right direction? Thank
you very much.
Lily Lee
W/415-972-3845
H/650-856-4034
31812005
Page 1 of i
EIIner, Robin
From:Nancy Marty [partymarty@earthlink.net]
Sent:Tuesday, March 08, 2005 9:07 AM
To:ZoneUpdate
Subject:Changing the zoning laws
I feel very strongly that already Palo Alto has allowed too big of houses, covering too much of a lot, and not
enough garage space for the size or bedrooms in a house. Why do we allow everyone to park on the streets.
Some days on our street we cannot even find a space to park our car for a short time ( we have a double garage
and double driveway which we use always). Do not allow any extra buildings on a lot unless a garage and
parking spaces are included. And do not allow big structures that encroach on the sunlight, view, etc. for houses
next door. About 30 years ago we added a second story room to our home and the rules were very stringent.
Keep them that way. Thank you. Nancy Marty 1041 Channing Ave.
3/8/2005