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HomeMy WebLinkAboutStaff Report 276-05NOT YET APPROVED SECTION 2. Chapters 18.10 [RE Residential Estate District Regulations], 18.17 (R-2 Two Family Residence District Regulations], 18.19 (RMD Two Unit Multiple-Family Residence District, and 18.30 (Neighborhood Preservation Combining District (NP) Regulations) of Title 18 [Zoning] of the Palo Alto Municipal Code are hereby repealed in its entirety and restat"ed to read as follows: Chapter 18.10 LOW-DENSITY RESIDENTIAL DISTRICTS Sections: 18.10.010 Purposes 18.10.020 Applicable Regulations 18.10.030 Land Uses 18.10.040 Development Standards 18.10.050 Permitted Encroachments, Projections and Exceptions 18.10.060 Parking 18.10.070 Second Dwelling Units I 18.10.080 Accessory Uses and Facilities 18.10.090 Basements 18.10.100 Standards for Agricultural Uses 18.10.110 Home Improvement Exceptions 18.10.120 Architectural Review 18.10.130 Historical Review 18.10.140 Neighborhood Preservation Combining District (NP) Standards 18.10.150 Grandfathered Uses 18.10.010 purposes Three low-density residential districts are defined in this chapter. Requirements for the Single Family Residential (R-1) District and related subdistricts and combining districts are included in Chapter 18.12. The specific purpose of each low-density residential district is stated below: (a) Residential Estate District [RE] The RE residential estate district is intended to create and maintain single-family living areas characterized by compatibility with the natural terrain and native vegetation. The RE district provides locations for residential, limited agricultural, and open space activities most suitably located in areas of very low density or rural qualities. Second dwelling units and 2 050601 syn 0120018 NOT YET APPROVED (b) Substandard and Flag Lots in R-2 District The following site development regulations shall apply to all new construction on substandard and flag lots within the R-2 district 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: (i) The maximum height shall be 17 feet, as measured to the peak of the roof. (ii) There floor. shall be a Habitable limit floors of one habi table include lofts, mezzanines, and similar area with interior heights of five feet (5) or more from the roof to the floor, but exclude basements and 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) For lots less required street feet. than side 50' in setback width, the shall be 10 (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 18.04.84 (B) . (B) Flag Lot Development Standards: 050601 syn 0120018 (i) The maximum height shall be 17 feet, as measured to the peak of the roof. (ii) There floor. shall be a Habitable limit of one 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 exclude attics that have no stairway or 8 NOT YET APPROVED prepared by a licensed engineer, architect, or surveyor, and shall be provided prior to frame inspection. (g) Lighting in R-2 District In the R-2 district, 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. (h) Location of Noise-Producing Equipment All noise-producing equipment, such as air conditioners, pool equipment, generators, conunercial 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 the street sideyard setback. All such equipment shall be insulated and housed, except that the Planning Director may permit installation without housing and insulation, provided the equipment is located within the building envelope and where a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the City's Noise Ordinance at the nearest property line. 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. 18.10.050 Permitted Exceptions Encroacmnents, Projections and 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 050601 syn 0120018 In the R-2 district and the RMD district, 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 10 NOT YET APPROVED (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. (iii) No swimming pool, hot tub, spa, or similar accessory facility shall be located closer than six feet from an interior side yard property line. (b) Height Exceptions The following features may exceed the height established by the specified districts: limit (1) RE and R-2 Districts: In the RE and R-2 districts, flues, chimneys, and antennas may exceed the established height limit by not more than 15 feet. (2) RMD District: In the RMD district, flues, chimneys, exhaust fans or air conditioning equipment, elevator equipment, cooling towers, antennas, and similar architectural, utility, or mechanical features may exceed the height limit established in any district by not more than 15 feet, provided that no such feature or structure in excess of the height limit shall be used for habitable space, or for any commercial or advertising purposes. (c) 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) RE and R-2 districts: 050601 syn 0120018 (A) (B) Television and radio antennas; Chimneys and flues, extend pas t the distance exceeding to Chapter 16.Q4 of provided that chimneys do not required daylight plane a the minimum allowed pursuant this code; (C) Dormers, roof decks, gables, or architectural features, provided that similar (i) the sum of the horizontal lengths of all such features shall not exceed 15 feet on each side; and (ii) the height of such features does not exceed 24 feet. 14 NOT YET APPROVED (b) 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. (c) Parking in Yards (1) No required parking space shall be located in a required front yard. (2 ) No required parking space first ten feet adjoining required street side yard. shall be located in the the property line of a (d) Tandem Parking Tandem parking shall be permitted for single-family· uses and for single-family uses with a permitted second dwelling unit. Tandem parking is permitted for two-family us.es where both spaces in tandem (front space and tandem space) are designated for use by the same unit. (e) Bicycle Parking For two family uses, at least one Class I bicycle parking space shall be required. (f) Design of Parking Areas Parking facilities shall comply with regulations of Chapter 18.83 (Parking Standards) . 18.10.070 Second Dwelling Units all applicable Facility Design 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 opportunities. Second dwelling units are intended as separate self-contained living units, with separate entrances from the main residence, whether attached or detached. The standards below are provided to minlmlze 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. 16 050601 syn 0120018 NOT YET APPROVED second floor units shall be located toward the interior side or rear yard of the property. (3) 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 subj ect to the following development requirements: (A) The minimum site area shall meet the requirements specified in subsection (b) above. (B) Minimum separation from the main dwelling: 12 feet. (C) 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 unit. (D) Maximum size· of covered parking area for the second dwelling unit: 200 square feet. (E) Maximum height: one story and 17 feet. (F) The detached second dwelling archi tecturally compatible wi th residence, with respect to style, color and materials. shall be the main roof pitch, (4) 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. (5) Parking 050601 syn 0120018 The following parking criteria apply to both detached and attached second dwelling units: 18 NOT YET APPROVED (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. (3) An accessory building shall not be located in a required interior side or rear yard unless the building is at least seventy-five feet from any property line adjacent to a street, measured along the respective lot line. provided, on corner lots, accessory buildings including detached garages and carports may be located in the rear yard if located at least 75 feet from the front street and at least 20 feet from the side street property lines. (4) 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. (5) When located within a required interior yard as permitted by this section, no such accessory building 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 i provided, accessory buildings in the Residential Estate (RE) 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 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. 20 050601 syn 0120018 (2) 050601 syn 0120018 NOT YET APPROVED (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 length; (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 excavated areas along the perimeter of that exceed the dimensions set forth (1), are permitted and shall not measurement of grade, provided that: or similar the basement in subsection affect the (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 distance of at least 10 feet. Area devoted to required stairway access shall not be included in the 200 square foot limitation. (C) the cumulative length of any excavated area or portion thereof that extends into a required side or rear yard does not exceed 15 feet; 22 NOT YET APPROVED (c) Location of Livestock Facilities. Barns, stables, sheds, chicken houses, and facilities for the shelter and feeding exclusive of domestic household pets, shall minimum of 40 feet from any lot line (property 18.10.110 Home Improvement Exceptions other similar of animals, be located a line) . Home Improvement Exceptions may be granted for existing single-family residences in the R-E, R-2, and RMD districts, pursuant to the provisions of Section 18.12.120 (R-1 Chapter) . 18.10.120 Architectural Review Architectural Review, as required in Chapter 18.76.020, is required in the R-E, R-2, and RMD districts whenever three or more adjacent residential units are intended to be developed concurrently, whether through subdivision or individual applications. Architectural review is also required for second dwelling units of more than 900 square feet, when located in the Neighborhood Preservation Combining District (NP). 18.10.130 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-E, R-2, and RMD low density residential districts 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. 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). 18.10.140 Neighborhood-Preservation Combining District (NP) (a) Purpose & Applicability. 050601 syn 0120018 The neighborhood preservation-combining district is intended to modify the regulations of the RMD two unit 24 : NOT YET APPROVED existing historic and general character of the neighborhood, the planning director may grant exceptions to site development regulations (except limitations on residential density), parking regulations, and from the special setback requirements of Title 20 applicable to the underlying zone district where combined with the neighborhood preservation (NP) combining district. This exception procedure is the exclusive procedure for procuring an exception to development standards in the NP combining district. It is not necessary for the property owner to obtain a variance. (2) Findings The zoning administrator may only grant an (NP) District Exception if, from the application or the facts presented at the public hearing, he finds: (A) The granting preservation on the same maintaining character of of the exception will facilitate the of an existing residential structure property and will be of benefit in the existing historic and general the surrounding neighborhood, and (B) 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. (3) Conditions In granting NP District Exceptions, reasonable condi tions or restrictions may be imposed as deemed appropriate or necessary to protect the public health, safety, general welfare, or convenience, and to secure the purposes of this title. (4) Procedures 18.10.150 Please refer to Chapters 18.76 and 18.77 for further information regarding the procedures applicable to requests for exceptions. Grandfathered Uses (a) Applicability The uses specified in subsection (b) may remain as grandfathered uses provided that those uses: (1) are located in the specified district; 26 050601 syn 0120018 .' NOT YET APPROVED (A) such remodeling, improvement or replacement shall not: (i) result in increased floor area; (ii) result in an increase in the number offices, in the case of professiorial medical office uses, or dwellings, in case of residential uses; of or the (iii) result in shifting of building footprint; (iv) increase the height, length, building envelope, or size of the improvement, (v) increase the existing degree of noncompliance, except through the granting of a design enhancement exception pursuant. to Chapter 18.76. (2) 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. (3) 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. (4) The following additional regulations shall apply to grandfathered professional or medical office uses: (A) ,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 Chapter 18.76. (B) 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 wi thin an existing structure now used for professional and medical office uses. (d) Existing Accessory Dwellings and Guest Cottages. In the RE district, accessory dwellings and guest cottages existing on April 28, 1986, and which prior to that date 28 050601 syn 0120018 NOT YET APPROVED SECTION 3. 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 4. This ordinance shall be effective 30 days after the date of its adoption. Notwithstanding any other provision of this ordinance or the Palo Alto Municipal Code, all applications submitted prior to the effective date of this ordinance shall be subject to the PAMC Title 18 Zoning Regulations in effect on the date the application is received by the City. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney 050601 syn 0120018 30 Mayor APPROVED: City Manager Director of Planning & Community Environment