HomeMy WebLinkAboutStaff Report 6456
City of Palo Alto (ID # 6456)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/11/2016
City of Palo Alto Page 1
Summary Title: Second Reading Planning Codes Update
Title: SECOND READING: Approval of Planning Codes Update Ordinance to
Amend Land Use Related Portions of Titles 16 and 18 of the Palo Alto
Municipal Code. The Affected Chapters of Title 16 Include Title 16 (Building
Regulations), Chapters 16.20 (Signs), 16.24 (Fences), and 16.57 (In-Lieu
Parking Fees for New Non-Residential Development in the Commercial
Downtown (CD) Zoning District)), and Title 18 (Zoning), Chapters 18.01
(Adoption, Purposes and Enforcement), 18.04 (Definitions), 18.08
(Designation and Establishment of Districts), 18.10 (Low Density Residential
RE, R-2 and RMD Districts), 18.12 (R-1, Single Family Residence District),
18.13 (Multiple Family Residential RM-15, RM-30, RM-40 Districts), 18.14
(Below Market Rate Housing Program), 18.15 (Residential Density Bonus),
18.16 (Neighborhood, Community, and Service Commercial CN, CC and CS
Districts), 18.18 (Downtown Commercial CD Districts), 18.20 (Office, Research
and Manufacturing MOR, ROLM, RP and GM Districts), 18.23 Performance
Criteria for Multiple Family, Commercial, Manufacturing and Planned
Community Districts), 18.31 (CEQA Review - a new Chapter), 18.34 (PTOD
Combining District Regulations), 18.40 (General Standards and Exceptions),
18.52 (Parking and Loading Requirements), 18.70 (Non-conforming Uses and
Non-complying Facilities) and 18.77 (Processing of Permits and Approvals)
From: City Manager
Lead Department: Planning and Community Environment
RECOMMENDATION
Staff recommends that the Council conduct a second reading and adopt the attached ordinance
(Attachment A).
BACKGROUND
On December 7, 2015, the City Council reviewed and adopted (on first reading) a draft
ordinance amending various sections of the municipal code.
City of Palo Alto Page 2
That ordinance has been modified to incorporate the Council’s desired changes, which are
detailed in Attachment B (Draft Action Minutes) and Attachment C (Summary of Ordinance
Changes), and which include elimination of portions of the draft ordinance that the City Council
did not discuss or take action on. Also in response to Council’s discussion on review of EIRs
requiring a Statement of Overriding Consideration, staff has added the following clarification to
Section 18.31.010 of the ordinance: “For projects requiring a statement of overriding
considerations, the PCE Director shall refer any action on the entitlements to the City Council.”
Since the California Environmental Quality Act requires the decision maker on the project to
certify the environmental document, staff recommends adding this additional clarification to
ensure the public understands that the Council, and not the Director, will be making the
decisions on the entitlements for those projects requiring an EIR with a Statement of Overriding
Considerations.
The modifications included in the ordinance presented for approval this evening are shown in
Attachment C and constitute minor clarifications and deletions which do not necessitate
another first reading or referral to the Planning and Transportation Commission.
Staff will return to the City Council in early 2016 to continue a discussion regarding sections of
the ordinance that were deferred, as well as other possible amendments to the planning codes,
including provisions related to basements, single family home remodels, and other topics.
Attachments:
Attachment A: Ordinance Amending Planning Code (PDF)
Attachment B: City Council December 7, 2015 DRAFT Action Minutes (PDF)
Attachment C: Modifications to Amended Planning Code Ordinance (PDF)
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Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC)
Title 16 (Building Regulations), Chapters 16.20 (Signs), 16.24 (Fences), and 16.57 (In-Lieu
Parking Fees for New Non-Residential Development in the Commercial Downtown (CD)
Zoning District)), and Title 18 (Zoning), Chapters 18.01 (Adoption, Purposes and
Enforcement), 18.04 (Definitions), 18.08 (Designation and Establishment of Districts), 18.10
(Low Density Residential RE, R-2 and RMD Districts), 18.12 (R-1, Single Family Residence
District), 18.13 (Multiple Family Residential (RM-15, RM-30, RM-40) Districts), 18.14 (Below
Market Rate Housing Program), 18.15 (Residential Density Bonus), 18.16 (Neighborhood,
Community, and Service Commercial (CN,CC and CS) Districts), 18.18 (Downtown Commercial
(CD) District), 18.20 (Office, Research and Manufacturing (MOR, ROLM, RP and GM)
Districts)), 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and
Planned Community Districts), 18.31 (CEQA Review - a new chapter), 18.34 (PTOD Combining
District Regulations), 18.40 (General Standards and Exceptions), 18.52 (Parking and Loading
Requirements), 18.70 (Nonconforming Uses and Noncomplying Facilities), 18.76 (Permits and
Approvals), and 18.77 (Processing of Permits and Approvals)
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Sections 16.20.010 (Definitions), 16.20.070 (Inspection), 16.20.140
(Projecting signs), 16.20.180 (Classification of signs), 16.20.210 (Abatement of nonconforming
signs), 16.20.240 (Unsafe and unlawful signs), and 16.20.270 (Enforcement -Citation authority),
and Tables 1, 2, and 3 of Chapter 16.20 (Signs) of Title 16 (Building Regulations) of the Palo Alto
Municipal Code (PAMC) are amended to read as follows:
16.20.010 Definitions
(a) The following words and phrases whenever used in this chapter shall be construed
as defined in this section:
. . .
(17) "Wall sign" means any sign posted or painted or suspended from or otherwise
fixed to the wall of any building or structure in an essentially flat position, or with the exposed
face of the sign in a plane approximately parallel to the plane of such wall. Any sign suspended
from or attached to, and placed approximately parallel to the front of a canopy, porch, or
similar covering structure shall be deemed to be a wall sign.
16.20.070 Inspection
The building official, Director of Planning and Community Environment (PCE Director) or
his designee may, at any time, make such inspection as may be necessary or appropriate to
ascertain whether any sign will comply or is complying with this chapter and other applicable
laws. If required by the building official, an inspection shall be called for the permittee upon the
completion of the structural portions of every sign and before the structural connections to the
building or structure are concealed or covered.
16.20.140 Projecting signs
Every projecting sign shall comply with the requirements of this section.
Attachment A
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(a) Projecting signs in the GM zones and on El Camino Real frontage in the CS and CN
zones.
(1) Area. No such sign shall exceed five square feet in area.
(2) Height. No part of any projecting sign shall exceed the height of the building’s
adjacent parapet upon or in front of which it is situated, or in the case of buildings having
sloping roofs, above the roof ridge. Any such sign which projects over public property shall have
a clearance of ten feet above the ground.
(3) Location. No such sign shall project more than one foot over public property.
(b) Projecting Signs in Other Zones.
(1) Area. No such sign shall exceed three square feet in area.
(2) Height. No part of any projecting sign shall exceed a height of twelve feet, nor shall
any part of such sign extend above the top level of the wall upon or in front of which it is
situated. Any such sign over any public or private sidewalk or walkway shall have a minimum
clearance below the sign of seven feet.
(3) Location. No such sign shall be placed over or above any public sidewalk or other
public place unless the sign is situated under a marquee, porch, walkway covering or similar
covering structure.
. . .
16.20.180 Classification of signs
Every sign erected or proposed to be erected shall be classified by the chief building
official PCE Director in accordance with the provisions of this chapter. Any sign which does not
clearly fall within one of the classifications provided herein shall be placed by the chief building
official PCE Director in the classification which the sign, in view of its design, location and
purpose, most nearly approximates. Such classification by the building official PCE Director shall
be final.
16.20.210 Abatement of nonconforming signs
Nonconforming signs shall either be made to conform with the provisions of this
chapter or be abated within the applicable period of time hereinabove set forth. In the event
they are not, the building official PCE Director shall order the sign abated by the owner of the
property and any other person known to be responsible for the maintenance of the sign. It is
thereafter unlawful for any such person to maintain or suffer to be maintained on any property
owned or controlled by him any such sign. Unless some other mode of abatement is approved
by the building official or PCE Director in writing, abatement of nonconforming signs shall be
accomplished in the following manner:
(a) Signs painted on buildings, walls or fences: by removal of the paint constituting the
sign or by permanently painting over it in such a way that the sign shall not hereafter be or
become visible;
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(b) Other Signs. By removal of the sign, including its dependent structures and supports;
or pursuant to a sign permit duly issued, by modification, alteration or replacement thereof in
conformity with the provisions of this chapter.
16.20.240 Unsafe and unlawful signs
(a) Public Property. Any sign posted on public property contrary to the provisions of
Section 16.20.100 may be removed by the division of inspectional services or the police
department.
(b) Unsafe or Abandoned Signs. Any sign deemed by the police department, or the
chief building official or PCE Director to be (1) unsafe, due to interfering with the public's
health, safety, welfare or convenience, or (2) abandoned, including but not limited to election
signs posted more than six days after the election to which they relate, may be removed by the
division of inspectional services or the police department.
(c) Whenever a sign, other than those on public property or those deemed to be
unsafe or abandoned, is found to be erected or maintained in violation of any provision of this
chapter or of any other ordinance or law, the building official or PCE Director may order that
such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to
abate such condition. Any work required to be done shall, unless a different time is specified,
be completed within ten days of the date of such order. Failure, neglect or refusal to comply
with such order of the building official or PCE Director shall be sufficient basis for the revocation
of any permit or approval granted under this chapter and shall constitute a separate offense. In
addition to any other remedies provided by law, the building official may remove, or cause to
be removed any such sign erected or maintained in violation of the provisions of this chapter.
16.20.270 Enforcement - Citation authority
Persons employed in the following designated employee positions are authorized to
exercise the authority provided in Penal Code Section 836.5 and are authorized to issue
citations for violations of this chapter: PCE Director (or designee), chief building official,
assistant building official and code enforcement officer.
Chapter 16.20 — Table 1
Allowable Sign Area for Freestanding Signs up to Five Feet High
NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN
REVIEW PROCESS PURSUANT TO CHAPTER 16.4818.77 (Processing of Permits and Approvals)
. . .
NOT YET APPROVED
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Chapter 16.20 — Table 2
Allowable Sign Area for Freestanding Signs Over Five Feet High
NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN
REVIEW PROCESS PURSUANT TO CHAPTER 16.4818.77 (Processing of Permits and Approvals)
. . .
Chapter 16.20 — Table 2
Allowable Sign Height for Freestanding Signs Over Five Feet High
NOTE: THESE ARE MAXIMUM DESIGN DIMENSIONS, AND MAY BE REDUCED IN THE DESIGN
REVIEW PROCESS PURSUANT TO CHAPTER 16.4818.77 (Processing of Permits and Approvals)
. . .
SECTION 2. Section 16.24.010 of Chapter 16.24 (Fences) of Title 16 (Building
Regulations) of the PAMC is amended to read as follows:
16.24.010 Definitions
Throughout this chapter, the following definitions shall apply:
(a) Height Measurement. Except as otherwise provided in this chapter, height of
fences or walls between the setback line and lot line shall be measured from natural grade, as
determined by the chief building official or Director of Planning and Community Environment
(PCE Director) or designee.
. . .
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16.24.080 Violations - Penalty - Enforcement
(a) No person shall erect, construct or maintain any fence, wall or structure in the
nature of a fence which does not meet the requirements of this section.
(b) Violation of any provision of this chapter is an infraction, punishable as provided in
this code. Each day of violation constitutes a separate offense and may be separately punished.
(c) Persons employed in the following designated employee positions are authorized
to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue
citations for violations of this chapter: chief building official, assistant building official, PCE
Director or designee, and code enforcement officer.
SECTION 3. Section 16.57.010 (Applicability) of Chapter 16.57 (In-Lieu Parking Fee for
New Nonresidential Development in the Commercial Downtown (CD) Zoning District) of Title
16 (Building Regulations) of the PAMC is amended to read as follows:
16.57.010 Applicability
The in-lieu parking fee regulations set forth in this chapter shall apply only to
nonresidential development within the University Avenue parking assessment district which
meets the eligibility criteria set forth in subsection (d) of Section 18.49.100 18.18.090 of this
code. In accordance with subsection (a) of Section 18.49.100 18.18.090 of this code, payment of
the fee established by this chapter shall be a condition of the approval of or permit for any new
development, any addition or enlargement of existing development, or any use of any floor
area that has never been assessed under any Bond Plan G financing pursuant to Title 13 of this
code.
SECTION 4. Title 18 (Zoning) Table of Contents of the PAMC is amended to add Chapter
18.36 (HD Hospital Districts).
SECTION 5. Section 18.01.025 (Zoning Code Interpretation) is added to Chapter 18.01
(Adoption, Purposes, and Enforcement) of Title 18 (Zoning) of the PAMC to read as follows:
18.01.025 (Zoning Code Interpretation)
Whenever in the opinion of the Planning and Community Environment Director (PCE
Director) there is any question regarding the interpretation of the Comprehensive Plan or the
planning and land use provisions of Titles 16, 18 or 21 to any specific case or situation, the PCE
Director shall have the authority to interpret such planning codes. When in the opinion of the
PCE Director a formal written decision is warranted, the Director shall make the written
decision available to the public by posting on the City’s website. The interpretation shall
become effective fourteen consecutive calendar days from the date of posting unless appealed
under this section. The interpretation shall become the standard interpretation for future
application of that provision of this Chapter unless changed by the Council on appeal. In
accordance with the provisions of Section 18.77.070(f), any person may appeal the PCE
Director’s written interpretation prior to its effective date. All final written interpretations
made under this section shall be made publicly available on the City’s website. Staff shall
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prepare a quarterly Information Report to the Council summarizing all final interpretations
made under this section.
SECTION 6. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to read as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
. . .
(53) "Facility" means a structure, building or other physical contrivance or object.
. . .
(B) "Noncomplying facility" means a facility which is in violation of (i) any of the
site development regulations or other regulations established by this title, but was lawfully
existing on July 20, 1978, or (ii) any amendments to this title, but was lawfully existing prior to
or the application of any district or regulation to the property involved by reason of which
adoption or application the facility became noncomplying. Sometimes this Code
interchangeably refers to “noncomplying facilities” as “legal noncomplying”, “grandfathered” or
“grandparented” facilities. (For the definition for "nonconforming use" see subsection (143)(B)).
. . .
(65) "Gross floor area" is defined as follows:
(A) Non-residential & Multifamily Inclusions: For all zoning districts other than the R-E, R-
1, R-2 and RMD residence districts, "gross 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 measured at each floor;
(iii) Elevator shafts measured at each floor;
. . .
(B) Non-residential & Multifamily Exclusions: For all zoning districts other than the R-E, R-
1, R-2 and RMD residence districts, "gross floor area" shall not include the following:
. . .
(iv) Except in the CD District and in areas designated as special study areas, 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:
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a. Areas designed for resource conservation, such as trash compactors, recycling, and
other energy facilities meeting the criteria outlined in Section 18.42.120 (Resource
Conservation Energy Facilities);
b. Areas designed and required for hazardous materials storage facilities, disability
related handicapped or seismic upgrades. For the purposes of this section disability related
upgrades are limited to the incremental square footage necessary to accommodate disability
accessminimum extent necessary and shall be subject to the Director’s approval not to exceed
500 square feet per site. Disability related upgrades shall only apply to remodels of existing
buildings and shall not qualify for grandfathered floor area in the event the building is later
replaced or otherwise redeveloped.
(v) 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 limited to,
recreational facilities, credit unions, cafeterias, day care centers, automated teller machines,
convenience stores, and on-site laundry facilities. dry cleaners.
(C) Low Density Residential Inclusions and Conditions: In the RE and R-1 single-family
residence districts and in the R-2 and RMD two-family residence districts, "gross floor area"
means the total 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 shall be included in gross floor area;
(iv) The entire floor area (footprint) of a vaulted entry feature that extends above 12 feet
measured from grade, 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 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-1 single-family residence districts
and in the R-2 and RMD two-family residence districts, "gross floor area" shall not include the
following:
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151014 jb 0131490A 8 December 15, 2015
. . .
(v) Open or partially enclosed (less than 50% enclosed) porches, whether recessed or
protruding, located on the first floor, and for R-1 zones porches reaching a height of less than
12 feet measured from grade as set forth in Section 18.12.040(b), 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 open.
. . .
(142) “Usable open space” means outdoor or unenclosed area on the ground, or on a
roof, balcony, deck, porch, patio or terrace, designed and accessible for outdoor living,
recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility
or service areas. Usable open space may be covered if at least 50% open on the sides. Usable
open space shall be sited and designed to accommodate different activities, groups, active and
passive uses, and should be located convenient to the intended users (e.g., residents,
employees, or public).
. . .
SECTION 7. Section 18.08.080 (Interpretation of Land Use Classifications) is added to
Chapter 18.08 (Designation and Establishment of Districts) of Title 18 (Zoning) to read as
follows:
18.08.080 Interpretation of Land Use Classifications
The PCE Director shall have the authority to interpret whether a land use is similar to
other permitted or conditionally permitted land uses listed in any Zoning District. Such
interpretations may be appealed in accordance with Section 18.77.070(f). Staff shall prepare a
quarterly Information Report to the Council summarizing all final interpretations made under
this section.
SECTION 8. Sections 18.10.040 (Development Standards) and 18.10.060 (Parking) of
Chapter 18.10 (Low Density Residential RE, R-2 and RMD Districts) of Title 18 (Zoning) of the
PAMC are amended to read as follows:
18.10.040 Development Standards
. . .
(h) 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 the
street side yard 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
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compliance with the City's Noise Ordinance at the nearest property line. Any replacement of
such equipment shall conform to this section where feasible; replacement of equipment for
which permits were obtained prior to these restrictions is allowable in the same location
provided the replacement equipment complies with the City’s noise ordinance. All service
equipment must meet the City Noise Ordinance in Chapter 9.10 of this code.
18.10.060 Parking
. . .
(f) Design of Parking Areas
Parking facilities shall comply with all applicable regulations of Chapter 18.83 18.54
(Parking Facility Design Standards).
. . .
SECTION 9. Sections 18.12.040 (Site Development Standards) (Tables 2 and 3),
18.12.050 (Permitted Encroachments, Projections and Exceptions), 18.12.060 (Parking),
18.12.070 (Second Dwelling Units), 18.12.090 (Basements), 18.12.100 (Regulations for the
Single Story Overlay (S) Combining District), 18.12.110 (Single Family Individual Review),
18.12.120 (Home Improvement Exception) of Chapter 18.12 (R-1 Single- Family Residential
District) of Title 18 (Zoning) of the PAMC is amended to read as follows:
18.12.040 Site Development Standards
. . .
TABLE 2 R-1 RESIDENTIAL DEVELOPMENT STANDARDS
R-1 R-1 Subdistricts Subject to Regulations in Chapter: R-1 (7,000)*
R-1 (8,000)*
R-1 (10,000)*
R-1 (20,000)*
* Subdistricts based on minimum lot size (sq. ft.)
Minimum Site Specifications
Site area (sq. ft.)
All lots except flag lots (1) Flag lots Site Width (ft)
Site Depth (ft)
6,000 7,000 8,000 10,000 20,000
As established by Section 21.20.301 (Subdivision Ordinance)
60
100
Maximum Lot Size
Lot area (sq. ft.)
9,999 13,999 15,999 19,999 39,999 18.12.040(d)
Minimum Setbacks
Front Yard (ft.)
Setback lines imposed by a special setback map pursuant to
Chapter 20. 08 of this code may also apply
18.12.040(e)
18.12.050
Contextual (2)
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Rear Yard (ft.)
Interior Side Yard (ft.)
Street Side Yard (ft.)
20
6 8
16
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
18.04.030(a)(67)
18.12.050
30 (3)
33 (3)
17 feet; limited to one habitable floor (4, 5) 18.12.100
Side Yard Daylight Plane
(Excludes street side yards)
Initial Height
Angle (Degrees)
18.04.030(44)
18.12.050 10 feet at interior side lot line (6)
45 (6)
Rear Yard Daylight Plane
Initial Height Angle
(Degrees)
18.12.050 16 feet at rear setback line (6)
60 (6)
Maximum Site Coverage:
Single story development With (S) Combining Multiple story development Additional area permitted to
be covered by a patio or overhang
18.04.030(a)(86A) Equivalent to maximum allowable floor area ratio (7)
Equivalent to maximum allowable floor area ratio (7)
35% (7)
5%
Maximum Floor Area Ratio (FAR) First 5,000 sq. ft. of lot size
Square footage of lot size in
excess of 5,000 sq. ft.
Table 3 18.04.030(a)(65C)
18.12.040(b) .45
.30
Maximum House Size (sq. ft.) 6,000 (8)
Residential Density One unit, except as provided in Section 18.12.0970
Parking See Residential Parking, Section 18.12.060 Chs. 18.52,
18.54
. . .
TABLE 3 SUMMARY OF GROSS FLOOR AREA FOR LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICTS
Description Included in GFA Excluded from GFA
Accessory structures greater than 120 sq. ft. √
Second floor equivalent: areas with heights >17' √ (counted twice)
Third floor equivalent: areas with heights > 26' √ (counted three times)
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Third floor equivalent, where roof pitch is > 4:12 √ up to 200 sq. ft. of unusable space
Garages and carports √
Porte cocheres √
Entry feature < 12' in height, if not substantially enclosed and not recessed √ (counted once)
Vaulted entry > 12' in height √ (footprint
counted ti)
Fireplace footprint √(counted once)
First floor roofed or unenclosed porches √
First floor recessed porches <10' in depth and open on exterior side √
Second floor roofed or enclosed porches, arcades, balconies, porticos, breeze-
ways
√
Basements (complying with patio & lightwell requirements described in Section 18.12.070090)
√
Areas on floors above the first floor where the height from the floor level to the underside of the rafter or finished roof surface is 5 or greater √
Bay windows (if at least 18" above interior floor, does not project more than 2', and
more than 50% is covered by windows)
√
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 √ (up to 500 sq. ft.)
(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).
. . .
(2) Flag Lots
. . .
(B) 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 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 front setback requirements.
. . .
(e) 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
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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 no more than ten sites located
on the same side of the street and nearest to the subject property, plus the subject site, but
and for a distance no greater than 600 feet. Blocks with three (3) or fewer eligible 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.
. . .
(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 six feet into a
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, except the Director may allow
replacement of existing equipment in a non-complying location, if such equipment had prior
building permit(s), with equipment that meets the City’s Noise Ordinance. All service
equipment must meet the city's Noise Ordinance in Chapter 9.10 of the Municipal Code.
18.12.050 Permitted Encroachments, Projections and Exceptions
. . .
(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.
. . .
(3) 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:
NOT YET APPROVED
151014 jb 0131490A 13 December 15, 2015
(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) A maximum of four feet into a required front yard.
(iii) A maximum of four feet into a required rear yard.
(B) Window Surfaces
(i) Window surfaces, such as bay windows or greenhouse windows, may extend into a
required rear yard a distance not to exceed two feet, into a required street side setback a
distance not to exceed three feet, or into a required front yard a distance not to exceed three
feet.
(ii) Window surfaces may not extend into required interior side yards, with the
exception that one greenhouse window with a maximum width of six feet, framed into a wall,
may project into the interior side yard no more than two feet. The window surface may not
extend into any yard above a first story.
18.12.060 Parking
Off-street parking and loading facilities shall be required for all permitted and
conditional uses in accord with Chapters 18.52 and 18.54 of this title. The following parking
requirements apply in the R-E, R-2 and RMD R-1 districts. These requirements are included for
reference purposes only, and in the event of a conflict between this Section 18.1012.060 and
any requirement of Chapters 18.52 and 18.54, Chapters 18.52 and 18.54 shall apply, except in
the case of parcels created pursuant to Section 18.10.130 18.12.140 (c) (subdivision incentive
for historic preservation).
. . .
18.12.070 Second Dwelling Units
. . .
(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) Maximum size of living area: 450 square feet. The second dwelling unit and covered
parking shall be included in the total floor area for the site, but the covered parking area is not
included in the maximum 450 square feet for attached unit. 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) Maximum size of covered parking area for the second dwelling unit: 200 square
feet.
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151014 jb 0131490A 14 December 15, 2015
. . .
(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) The minimum site area shall meet the requirements specified in subsection (b)
above.
(2) Minimum separation from the main dwelling: 12 feet.
(3) 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, but the covered parking area is not
included within the maximum 900 square feet for detached unit. 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) Maximum size of covered parking for the second dwelling unit: 200 square feet.
. . .
18.12.100 Regulations for the Single Story Overlay (S) Combining District
. . .
(c) Application for a Single Story (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) Application shall be made to the director on a form prescribed by the director, 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
shall 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
NOT YET APPROVED
151014 jb 0131490A 15 December 15, 2015
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.
. . .
18.12.120 Home Improvement Exception
(a) Purpose
A home improvement exception ("HIE") 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 Historic 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-1, 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, including exterior
finishes such as siding or cladding.
…
SECTION 10. Sections 18.13.010 (Purposes), and 18.13.050 (Village Residential
Development) of Chapter 18.13 (Multiple Family Residential RM-15, RM-30, and RM-40
Districts) of Title 18 (Zoning) of the PAMC are amended to read as follows:
18.13.010 Purposes
This section specifies regulations for three multiple family residential districts.
(a) RM-15 Low Density Multiple-Family Residence District [RM-15]
The RM-15 low-density multiple-family residence district is intended to create,
preserve and enhance areas for a mixture of single-family and multiple-family housing which is
compatible with lower density and residential districts nearby, including single-family residence
districts. The RM-15 residence district also serves as a transition to moderate density multiple-
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151014 jb 0131490A 16 December 15, 2015
family districts or districts with nonresidential uses. Permitted densities in the RM-15 residence
district range from eight to fifteen dwelling units per acre, with no required minimum density.
(b) RM-30 Medium Density Multiple-Family Residence District [RM-30]
The RM-30 medium density multiple-family residence district is intended to create,
preserve and enhance neighborhoods for multiple-family housing with site development
standards and visual characteristics intended to mitigate impacts on nearby lower density
residential districts. Projects at this density are intended for larger parcels that will enable
developments to provide their own parking spaces and to meet their open space needs in the
form of garden apartments or cluster developments. Permitted densities in the RM-30
residence district range from sixteen to thirty dwelling units per acre, with no required
minimum density.
(c) RM-40 High Density Multiple-Family Residence District [RM-40]
The RM-40 high density multiple-family residence district is intended to create, preserve
and enhance locations for apartment living at the highest density deemed appropriate for Palo
Alto. The most suitable locations for this district are in the downtown area, in select sites in the
California Avenue area and along major transportation corridors which are close to mass
transportation facilities and major employment and service centers. Permitted densities in the
RM-40 residence district range from thirty-one to forty dwelling units per acre, with no
required minimum density.
18.13.050 Village Residential Development
. . .
TABLE 3
VILLAGE RESIDENTIAL DEVELOPMENT TABLE
Village Residential Subject to Regulations in:
Minimum Site Specifications
Site Area (ft2) 6,000
Site Width (ft) 50
Site Depth (ft) 100
Minimum Setbacks
RM-15 development standards
apply to perimeter of site
Minimum Lot Specifications (1)
1,500
Lot Area (ft2), Attached Units
Lot Area (ft2), Detached Units 2,500
Maximum Lot Area (ft2) 4,000
Front lot setback (ft) 5
Rear lot setback (ft) 3
Side lot setback (ft) 0
Distance between detached units (ft) 3
Maximum House Size (ft 2) 2,500(2)
Maximum Height (ft ) 30
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151014 jb 0131490A 17 December 15, 2015
Daylight Planes RM-15 development standards
apply to perimeter of site
Maximum Site Cove rage RM-15 development standards
apply to entire site
Maximum Floor Area Ratio (FAR)(3) 0.5:1
applied to entire site
Maximum Residential Density (units ) Maximum number of units per acre 12
Minimum Site Open Space (4) 35% of entire site 18.13.040(e)
Minimum Usable Open Space (per unit)(3) 300 sq. ft.
Minimum common open space (per unit) No requirement 18.13.040(e)
Minimum private open space (per unit) 100 sq. ft.
Performance Criteria Ch. 18.23
Landscape Requirements 18.1440.130
Parking(5) See provisions of Chapter 18.52 Ch. 18.52
. . .
SECTION 11. Section 18.14.030 (Below Market Rate Housing Bonus Requirements) of
Chapter 18.14 (Below Market Rate Housing Program) of Title 18 (Zoning) of the PAMC is
amended to read as follows:
(a) Developers of projects with five or more units must comply with the requirements
set forth in Program H-36 H3.1.2 of the City of Palo Alto Comprehensive Plan. The BMR
Program objective is to obtain actual housing units or buildable parcels within each
development rather than off-site units or in-lieu payments.
. . .
SECTION 12. Section 18.15.020 (Definitions) of Chapter 18.15 (Residential Density
Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows:
18.15.020 Definitions
Whenever the following terms are used in this chapter, they shall have the meaning
established by this section:
. . .
(s) “Replace” means either of the following:
(1) If any dwelling units described in 18.15.030(h) are occupied on the date that the
application is submitted to the City, the proposed housing development shall provide at least
the same number of units of equivalent size or type, or both, to be made available at affordable
rent or affordable housing cost to, and occupied by, persons and families in the same or lower
income category as those households in occupancy. For unoccupied dwelling units described in
18.15.030(h) in a development with occupied units, the proposed housing development shall
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151014 jb 0131490A 18 December 15, 2015
provide units of equivalent size or type, or both, to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in the same or lower income
category in the same proportion of affordability as the occupied units. All replacement
calculations resulting in fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years.
(2) If all dwelling units described in 18.15.030(h) have been vacated or demolished
within the five-year period preceding the application, the proposed housing development shall
provide at least the same number of units of equivalent size or type, or both, as existed at the
highpoint of those units in the five-year period preceding the application to be made available
at affordable rent or affordable housing cost to, and occupied by, persons and families in the
same or lower income category as those persons and families in occupancy at that time, if
known. If the incomes of the persons and families in occupancy at the highpoint is not known,
then one-half of the required units shall be made available at affordable rent or affordable
housing cost to, and occupied by, very low income persons and families and one-half of the
required units shall be made available for rent at affordable housing costs to, and occupied by,
low-income persons and families. All replacement calculations resulting in fractional units shall
be rounded up to the next whole number. If the replacement units will be rental dwelling units,
these units shall be subject to a recorded affordability restriction for at least 55 years.
(st) “Restricted affordable unit” means a dwelling unit within a development which
will be available at an affordable rent or affordable sales price for sale or rent to very low, lower
or moderate income households.
(tu) “Senior citizen housing development” means a Development consistent with the
California Fair Employment and Housing Act (Government Code Section 12900 et. seq.,
including 12955.9 in particular), which has been “designed to meet the physical and social
needs of senior citizens,” and which otherwise qualifies as “housing for older persons” as that
phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and
implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California
Civil Code Section 51.2 and 51.3.
SECTION 13. Sections 18.15.030 (Density Bonuses), 18.15.040 (Development Standards
for Affordable Units), and 18.15.100 (Regulatory Agreement) of Chapter 18.15 (Residential
Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as
follows:
18.15.030 Density Bonuses
. . .
(h) An applicant (or project) shall be ineligible for a density bonus or any other
incentives or concessions under this chapter if the housing development is proposed on any
property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling
units have been vacated or demolished in the five-year period preceding the application, have
been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of lower or very low income; subject to any other form of rent or price
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151014 jb 0131490A 19 December 15, 2015
control through the City’s valid exercise of its police power; or occupied by lower or very low
income households, unless the proposed housing development replaces those units, and either
of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to
this paragraph, contains affordable units at the percentages set forth in Section
18.15.030.
(ii) Each unit in the development, exclusive of a manager’s unit or units, is
affordable to, and occupied by, either a lower or very low income household.
(hi) Certain other types of development activities are specifically eligible for a density
bonus pursuant to state law:
(i) A development may be eligible for a density bonus in return for land donation
pursuant to the requirements set forth in Government Code Section 65915(g).
(ii) A condominium conversion may be eligible for a density bonus or concession
pursuant to the requirements set forth in Government Code Section 65915.5.
(ij) As provided in Section 18.15.080(c), development proposed with rezoning to the
Planned Community zone district are entitled to densities approved as part of the rezoning and
shall not be entitled to a density bonus in addition to the units entitled by the rezone.
(jk) Notwithstanding any provision of this chapter, all developments must satisfy all
applicable requirements of the city’s Below Market Rate Housing Program, which may impose
requirements for restricted affordable units in addition to those required to receive a density
bonus or concessions.
. . .
18.15.040 Development Standards for Affordable Units
. . .
(b) Moderate income restricted affordable units shall remain restricted and affordable
to the designated income group for a minimum period of 559 years (or a longer period of time
if required by the construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program). Very low and lower restricted affordable units shall
remain restricted and affordable to the designated income group for a period of 30 55 years for
both rental and for-sale units (or a longer period of time if required by a construction or
mortgage financing assistance program, mortgage insurance program, or rental subsidy
program).
. . .
18.15.050 Development Concessions and Incentives
This section includes provisions for providing concessions or incentives pursuant to
Government Code Section 65915.
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151014 jb 0131490A 20 December 15, 2015
(a) By right parking incentives. Upon request by the applicant, a development that is eligible for
a density bonus may provide parking as provided in this subsection (a), consistent with
Government Code Section 65915(p), inclusive of handicapped and guest parking:
(i) Zero to one bedroom unit: one on-site parking space;
(ii) Two to three bedroom unit: two on-site parking spaces;
(iii) Four or more bedroom unit: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be rounded up to
the next whole number. For purposes of this subsection, this parking may be provided through
tandem parking or uncovered parking, but not through on-street parking.
(b) Additional parking incentives for transit oriented projects.
(i) Notwithstanding paragraph (a) above, if a development includes the maximum
percentage of low- or very low income units provided for in section 18.15.030(b) and is located
within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, and there is unobstructed access to the major transit stop from the
development, then, upon request of the applicant, the city shall not impose a vehicular parking
ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For
purposes of this subdivision, a development shall have unobstructed access to a major transit
stop if a resident is able to access the major transit stop without encountering natural or
constructed impediments.
(ii) Notwithstanding paragraph (a) above, if a development consists solely of rental
units, exclusive of a manager’s unit, with an affordable housing cost to lower income families,
as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the
applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest
parking, that exceeds the following ratios:
(A) If the development is located within one-half mile of a major transit stop, as defined
in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed
access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per
unit.
(B) If the development is a for-rent housing development for individuals who are 62
years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall
not exceed 0.5 spaces per unit. The development shall have either paratransit service or
unobstructed access, within one-half mile, to fixed bus route service that operates at least eight
times per day.
(C) If the development is a special needs housing development, as defined in Section
51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit. The
development shall have either paratransit service or unobstructed access, within one-half mile,
to fixed bus route service that operates at least eight times per day.
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151014 jb 0131490A 21 December 15, 2015
(iii) Notwithstanding paragraphs (i) and (ii), the city may impose a higher vehicular
parking ratio not to exceed the ratio described in paragraph (a) if the city has conducted an
area wide or citywide parking study in compliance with Government Code Section 65915(p)(7).
(bc) Other incentives and concessions. A development is eligible for other concessions or
incentives as follows:
. . .
18.15.100 Regulatory Agreement
. . .
(d) The regulatory agreement shall be consistent with the guidelines of the city’s Below
Market Rate Program and shall include at a minimum the following:
. . .
(iv) Term of use restrictions for restricted affordable units of at least 559 years for
moderate income units and at least 30 55 years for low and very low units;
. . .
SECTION 14. Sections 18.16.050 (Office Use Restrictions) and 18.16.060 (Development
Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and
CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as
follows:
18.16.050 Office Use Restrictions
The following restrictions shall apply to office uses:
(a) (a) Conversion of Ground Floor Housing and Non-Office Commercial to Office
Medical, Professional, and Business offices shall not be located on the ground floor,
unless any of the following apply to such officessuch offices either:
(1) Have been continuously in existence in that space since March 19, 2001, and as of
such date, were neither non-conforming nor in the process of being amortized pursuant to
Chapter 18.30(I);
(2) Occupy a space that was not occupied by housing, neighborhood business service,
retail services, personal services, eating and drinking services, or automotive service on March
19, 2001 or thereafter;
(3) In the case of CS zoned properties with site frontage on El Camino Real, were not
occupied by housing on March 19, 2001;
(4) Occupy a space that was vacant on March 19, 2001;
(5) Are located in new or remodeled ground floor area built on or after March 19, 2001
if the ground floor area devoted to housing, retail services, eating and drinking services,
personal services, and automobile services does not decrease;
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151014 jb 0131490A 22 December 15, 2015
(6) Are on a site located in an area subject to a specific plan or coordinated area plan,
which specifically allows for such ground floor medical, professional, and general business
offices; or
(7) Are located anywhere in Building E or in the rear 50% of Building C or D of the
property at the southeast corner of the intersection of Park Boulevard and California Avenue,
as shown on sheet A2 of the plans titled “101 California Avenue
Townhouse/Commercial/Office, Palo Alto, CA” by Crosby, Thornton, Marshall Associates,
Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department
of Planning and Community Environment.
. . .
18.16.060 Development Standards
. . .
(b) Mixed Uses
. . .
(9) Residential densities up to 20 units/acre only on CN zoned Hhousing iInventory
sSites identified in the Housing Element.2007-2014 2014 Housing Element
(1) Residential and nonresidential mixed use projects shall be subject to site and
design review in accord with Chapter 18.30(G), except that mixed use projects with four nine or
fewer units shall only require review and approval by the architectural review board.
. . .
SECTION 15. Sections 18.18.060 (Development Standards), 18.18.070 (Floor Area
Bonuses, 18.18.080 (Transfer of Development Rights), and 18.18.120 (Grandfathered Uses and
Facilities) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) of the
PAMC are amended to read as follows:
18.18.060 Development Standards
(a) Exclusively Non-Residential Use
. . .
Table 2
Exclusively Non-Residential Development Standards
CD-C
CD-S
CD-N
Subject to
regulations in Section:
Minimum Setbacks
Front Yard (ft) Rear Yard (ft)
Interior Side Yard (ft) Street Side Yard (ft)
Minimum street setback for sites sharing
a common block face with any abutting
Setback lines imposed by a
special setback map
pursuant to Chapter 20.08
of this code may apply
None required 10’ (1)
None required
None required
None required 20’ (1)
-(4)
-(4)
-(4)
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151014 jb 0131490A 23 December 15, 2015
residential zone district
Minimum yard (ft) for lot lines abutting
10’(1) 10’(1) 10’(1)
Maximum Site Coverage None Required 50%
Maximum Height (ft )
Standard
Within 150 ft. of an abutting residential zone district
50 50 25
– (3) – (3) – (3)
Maximum Floor Area Ratio (FAR)
1.0:1 (5)
0.4:1 (5)
0.4:1 (5) 18.18.060(e)
18.18.070
Maximum Floor Area Ratio (FAR) for Hotels 2.0:1 2.0:1 N/A 18.18.060(d)
Maximum Size of New Non-Residential
Construction or Expansion Projects
25,000 square feet of gross floor area or
15,000 square feet above the existing floor area, whichever is greater, provided the
floor area limits set forth elsewhere in this chapter are not exceeded
Daylight Plane for lot lines abutting one or more residential zone districts.
Initial Height at side or rear lot line
Slope
– (2) 10 10
– (2) 1:2 1:2
. . .
(b) Mixed Use
. . .
(4) For sites abutting an RM-40 zoned residential district or a residential Planned
Community (PC) district, maximum height may be increased to 50 feet.
(1) Residential and nonresidential mixed use projects shall be subject to site and
design review in accord with Chapter 18.30(G), except that mixed use projects with four or
fewer nine or fewer units shall only require review and approval by the architectural review
board.
. . .
(e) Exempt Floor Area
When an existing building is being expanded, square footage which, in the judgement of
the chief building official, does not increase the usable floor area, and is either necessary to
conform the building to Title 24 of the California Code of Regulations, regarding disability
relatedhandicapped access, or is necessary to implement the historic rehabilitation of the
building, shall not be counted as floor area. For the purposes of this section disability related
upgrades are limited to the incremental square footage necessary to accommodate disability
access minimum extent necessary and shall be subject to the Director’s approval not to exceed
500 square feet per site. Disability related upgrades shall only apply to remodels of existing
buildings and shall not qualify for grandfathered floor area in the event the building is later
replaced or otherwise redeveloped.
. . .
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151014 jb 0131490A 24 December 15, 2015
18.18.080 Transfer of Development Rights
. . .
(h) Transfer Procedure
Transferable development rights may be transferred from a sender site (or sites) to a
receiver site only in accordance with all of the following requirements:
(1) An application pursuant to Chapter 16.48 Chapter 18.76 of this code for major
ARB review of the project proposed for the receiver site must be filed. The application shall
include:
(A) A statement that the applicant intends to use transferable development
rights for the project;
(B) Identification of the sender site(s) and the amount of TDRs proposed to be
transferred; and
(C) Evidence that the applicant owns the transferable development rights or a
signed statement from any other owner(s) of the TDRs that the specified amount of floor area
is available for the proposed project and will be assigned for its use.
(2) The application shall not be deemed complete unless and until the city
determines that the TDRs proposed to be used for the project are available for that purpose.
(3) In reviewing a project proposed for a receiver site pursuant to this section, the
architectural review board shall review the project in accordance with Section 16.48.120
Chapters 18.76 and 18.77 of this code; however, the project may not be required to be
modified for the sole purpose of reducing square footage unless necessary in order to satisfy
the criteria findings for approval under Chapter 16.4818.76 or any specific requirement of the
municipal code.
(4) Following ARB approval of the project on the receiver site, and prior to issuance
of building permits, the director of planning and community environment or the director’s
designee shall issue written confirmation of the transfer, which identifies both the sender and
receiver sites and the amount of TDRs which have been transferred. This confirmation shall be
recorded in the office of the county recorder prior to the issuance of building permits and shall
include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are
other than the applicant.
18.18.120 Grandfathered Uses and Facilities
(a) Grandfathered Uses
(1) The following uses and facilities may remain as grandfathered uses, and shall not
require a conditional use permit or be subject to the provisions of Chapter 18.70:
(A) Any use which was being conducted on August 28, 1986; or
NOT YET APPROVED
151014 jb 0131490A 25 December 15, 2015
(B) A use not being conducted on August 28, 1986, if the use was temporarily
discontinued due to a vacancy of 6 months or less before August 28, 1986; or
(C) Any office use existing on April 16, 1990 on a property zoned CD and GF
combining, which also existed as a lawful conforming use prior to August 28, 1986,
notwithstanding any intervening conforming use.
(2) The grandfathered uses in subsection (1) shall be permitted to remodel, improve,
or replace site improvements on the same site, for continual use and occupancy by the same
use, provided such remodeling, improvement, or replacement complies with all of the
following:
(A) shall not result in increased floor area;
(B) shall not relocate below grade floor area to above grade portions of the
buildingshift the building footprint;
(C) shall not result in an increase of the height, length, building envelope, building
footprint or any other increase in the size of the improvement. For purposes of this section,
“building envelope” shall mean the three dimensional shape and size occupied by an existing
building. It is not the maximum, buildable potential of the site;
(D) shall not increase the degree of noncompliance, except pursuant to the
exceptions to floor area ratio regulations set forth in Section 18.18.070; or
(E) in the case of medical, professional, general business or administrative office
uses of a size exceeding 5,000 square feet in the CD-S or CD-N district that are deemed
grandfathered pursuant to subsection (1), such remodeling, improvement, or replacement shall
not result in increased floor area devoted to such office uses.
(F) The Director may approve minor changes to the building’s footprint, height,
length, and the building envelope through Architectural Review of minor aesthetic architectural
improvements and to improve pedestrian-orientation provided there is no increase to the
degree of any non-complying feature.
(3) If a grandfathered use deemed existing pursuant to subsection (1) ceases and
thereafter remains discontinued for 12 consecutive months, it shall be considered abandoned
and may be replaced only by a conforming use.
(4) A use deemed grandfathered pursuant to subsection (1) 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.
(b) Grandfathered Facilities
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151014 jb 0131490A 26 December 15, 2015
(1) Any noncomplying facility existing on August 28, 1986 and which, when built, was
a complying facility, may remain as a grandfathered facility and shall not be subject to the
provisions of Chapter 18.70.
(2) The grandfathered facilities in subsection (1) shall be permitted to remodel,
improve, or replace site improvements on the same site, for continual use and occupancy by
the same use, provided such remodeling, improvement, or replacement complies with all of the
following:
(A) shall not result in increased floor area;
(B) shall not shift the relocate below grade floor area to above grade portions of
the building;
(C) shall not result in an increase of the height, length, building envelope, building
footprint, or any other increase in the size of the improvement.
(D) shall not increase the degree of noncompliance, except pursuant to the
exceptions to floor area ratio regulations set forth in Section 18.18.070;
(E) The Director may approve minor changes to the building’s footprint, height,
length, and the building envelope through Architectural Review of minor aesthetic architectural
improvements and to improve pedestrian-orientation provided there is no increase to the
degree of any non-complying feature.
SECTION 16. Section 18.20.040 (Standards for GM, MOR, ROLM, RP Zones) of Chapter
18.20 (Office, Research and Manufacturing (MOR, ROLM, RP and GM) Districts of Title 18
(Zoning) of the PAMC shall be amended as follows:
18.20.040 Site Development Standards
. . .
(a) Development Standards for Non-Residential Uses
Table 2 shows the site development standards for exclusively non-residential uses in the
industrial and manufacturing districts.
TABLE 2
INDUSTRIAL/MANUFACTURING NON-RESIDENTIAL SITE DEVELOPMENT STANDARDS
MOR ROLM ROLM
(E) RP RP(5) GM
Subject to
Regulations in
Chapter:
Minimum Site Specifications
Site Area (sq. ft.) 25,000 1 acre 1 acre 5 acres 1 Site Width (ft.) 150 100 100 250 Site Depth (ft.) 150 150 150 250 Minimum
Setbacks
Setback lines imposed by a special setback map pursuant to Chapter
20.08 of this code may apply.
Front Yard (ft) 50(3) 20 20 100 (1)
NOT YET APPROVED
151014 jb 0131490A 27 December 15, 2015
Rear Yard (ft) 10(3) 20 20 40 Interior Side Yard (ft) 10 20 20 40
Street Side Yard (ft) 20(3) 20 20 70
Minimum Yard
(ft) for site lines abutting or
opposite residential
districts
10(3) 20 20 . 10
18.20.060(e)(1)(D)
18.20.060(e)(1)(E)
Maximum Site Coverage 30% 30% 30% 15%
Maximum Floor Area Ratio
(FAR)
0.5:1 0.4:1(4) 0.3:1(4) 0.4:1
W 0.3:1(4) 0.5:1
Parking See Chs. 18.40, 18.42 18.52, 18.54 Chs. 18.40, 18.42
18.52, 18.54
Landscaping See Section 18.20.050 (Performance Criteria) 18.20.050
Maximum
Height (ft)
Standard 50 35(4) 35(4) 50 Within 150 ft. of
a residential zone<5) 35 35 35 35
Within 40 ft. of a residential zone(5) 35 25 25 35
Daylight Plane
for site lines having any part abutting one or more residential districts.
Initial Height - (2) 10 Slope -(2) 1:2 . . .
SECTION 17. Section 18.23.050 (Visual, Screening and Landscaping) of Chapter 18.23
Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned
Community Districts is amended as follows:
. . .
(B) Requirements
(i) Walls facing residential properties shall incorporate architectural design
features and landscaping in order to reduce apparent mass and bulk.
(ii) Loading docks and exterior storage of materials or equipment shall be screened
from view from residential properties by fencing, walls or landscape buffers.
(iii) All required interior yards (setbacks) abutting residential properties shall be
planted and maintained as a landscaped screen.
(iv) Rooftop equipment or rooftop equipment enclosures shall not extend above a
height of 15 feet above the roof and any enclosed rooftop equipment nearest residential
property shall be set back at least 20 feet from the building edge closest to the residential
NOT YET APPROVED
151014 jb 0131490A 28 December 15, 2015
property or a minimum of 100 feet from the residential property line, whichever is closer. Roof
vents, flues and other protrusions through the roof of any building or structure shall be
obscured from public view by a roof screen or proper placement. See Section 18.40.090 (height
limit exceptions) for further restrictions.
SECTION 18. Chapter 18.31 (CEQA Review) of Title 18 (Zoning) of the Palo Alto
Municipal Code is adopted as a new chapter to read as follows:
18.31.010 Delegation of CEQA Authority
The PCE Director or other decision maker as delegated in this Code shall have authority
to make California Environmental Quality Act (CEQA) decisions relating to planning and land use
entitlements, except that any Environmental Impact Report requiring a statement of overriding
considerations shall be considered by the City Council. For projects requiring a statement of
overriding considerations, the PCE Director shall refer any action on the entitlements to the City
Council.
18.31.020 Incorporation of State CEQA Guidelines
Resolution No. 6232 is hereby repealed and the full text of the State CEQA Guidelines
adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq., and any
subsequent amendments thereto, are hereby incorporated by reference into this Chapter. If
there is a conflict between the procedural provisions of the State Guidelines and this Chapter,
the more restrictive provision shall apply.
18.31.030 CEQA Appeals
Any person may appeal to the City Council from the decision of a non-elected decision-
making body of the City to certify an environmental impact report, approve a negative
declaration or mitigated negative declaration or determine that a project is not subject to
Public Resources Code Section 21080 et seq. (California Environmental Quality Act) if that
decision is not otherwise subject to further administrative review. Any such appeal must be
filed on a form specified by the Director and must be filed within the same time period
governing appeals of the underlying entitlement decision or within fourteen consecutive
calendar days of the date that the environmental decision is made, if there is no appeal of the
entitlement. The appellant shall state the specific reasons for the appeal. The appeal must be
accompanied by the required filing fee.
SECTION 19. Section 18.34.040 (Pedestrian and Transit Oriented Development (PTOD)
Combining District Regulations) of Chapter 18.34 (Pedestrian and Transit Oriented
Development (PTOD) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows:
18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District
Regulations
. . .
(e) Density, FAR, and Height Bonus Provisions
NOT YET APPROVED
151014 jb 0131490A 29 December 15, 2015
The following provisions are intended to allow for increased density, FAR, height, and
other development bonuses upon construction of additional below market rate (BMR) housing
units. The bonus allowances shall be allowed subject to the following limitations:
(1) Bonuses are only applicable where below market rate (BMR) units are provided
in excess of those required by Palo Alto's BMR program as set forth in Section 18.14.030(a)
andstated in Program H-3.1.26 of the Housing Element adopted on December 2, 2002. Key
elements of the BMR Program H-36 include:
(A) Five or more units: Minimum 15% of units must be BMR units;
(B) Five or more acres being developed: Minimum 20% of units must be BMR
units; and
(C) BMR units shall meet the affordability and other requirements of Program H-
36 H-3.1.2 and the city's BMR Program policies and procedures.
(2) The following BMR bonuses shall be considered and may be approved upon
rezoning to the PTOD district:
(A) Density Increase: Density may be increased above the maximum base
density allowed (40 units per acre), such that at least one additional BMR unit is provided for
every three additional market rate units constructed. The resultant density may not exceed fifty
units per acre. Density shall be calculated based on the gross area of the site prior to
development.
(B) FAR Increase: For projects with a residential density greater than thirty units
per acre, the allowable residential FAR may be increased. The FAR increase shall be equivalent
to 0.05 for each additional 5% (in excess of the city requirements) of the total number of units
that are proposed as BMR units, but may not exceed 50% of the residential FAR prior to the
bonus, and may not exceed a total FAR of 1.5.
(C) Height Increase: For projects with a residential density greater than 30 units
per acre, the allowable project height may be increased. The height increase shall be equivalent
to one foot above the maximum for each additional 5% (in excess of the city requirements) of
the total number of units that are proposed as BMR units, but may not exceed a maximum
height (50 feet).
(D) Other incentives for development of BMR units, such as reduced setbacks
and reduced open space, may be approved where at least 25% of the total units constructed
are BMR units and subject to approval by the architectural review board.
(3) The provisions of this section are intended to address the density bonus
requirements of state law within the PTOD District, and the maximum bonus density, FAR, and
height may not be further exceeded. The provisions of this section are intended to address the
density bonus requirements of state law within the PTOD District. The maximum bonus density
available under this section shall be the greater of the bonus density allowed under this chapter
or under the city’s density bonus provisions contained in Chapter 18.15.
SECTION 20. Sections 18.40.030 (Measurement), 18.40.70 (Projections into Yards) and
18.40.090 Height Exceptions) of Chapter 18.40 (General Standards and Exceptions) of Title 18
(Zoning) of PAMC are amended to read as follows:
NOT YET APPROVED
151014 jb 0131490A 30 December 15, 2015
18.40.030 Measurement.
Distances between buildings, or between any structure and any property line, setback
line, or other line or location prescribed by this title shall be measured to the nearest vertical
support or wall of such structure. Where one or more buildings do not have vertical exterior
walls, the distances between the buildings shall be prescribed by the building official. In the
application of measurements specified by this title in both English and metric measure, metric
measure shall be applied for all new construction; provided, that where existing structures,
uses, areas, heights, dimensions, or site improvements have been based upon English
measures, the exact metric equivalent of the English measures prescribed by this title may
continue to be used for improvements, extensions, and revisions to such facilities or uses. It is
the purpose of this title to facilitate conversion from English to metric measures with minimum
impact on property and improvements and changes thereto, and the building official, director,
director of planning and community environment and other persons responsible for
interpretation and enforcement of this title shall, in case of conflict or difference between
English and metric measurements, apply the provisions of this title in the less restrictive
manner of this section
18.40.070 Projections into Yards
The director may grant a temporary use permit authorizing the use of a site in any
district for a temporary use, subject to the following provisions.
. . .
SECTION 21. Sections 18.52.060 (Parking Assessment Districts and Areas - General) and
18.52.070 (Parking Regulations for CD Assessment District) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) of the PAMC are amended to read as follows:
18.52.060 Parking Assessment Districts and Areas - General
. . .
(b) In-lieu fees
Except as provided in subsection (c) below, wWithin any parking assessment district established
by the city for the purpose of providing off-street parking facilities, all or a portion of the off-
street parking requirement for a use may be satisfied by payment of assessments or fees levied
by such district on the basis of parking spaces required but not provided.
18.52.070 Parking Regulations for CD Assessment District
With respect to on-site and off-site parking space requirements for nonresidential uses
within an assessment district wherein properties are assessed under a Bond Plan G financing
pursuant to Title 13, the requirements of this Section 18.52.040 shall apply in the CD
Assessment district in lieu of comparable requirements in this Chapter 18.52. Requirements for
the size and other design criteria for parking spaces shall continue to be governed by the
provisions of Chapter 18.54.
. . .
NOT YET APPROVED
151014 jb 0131490A 31 December 15, 2015
SECTION 22. Sections 18.70.010 (General Application) and 18.70.080 (Noncomplying
Facility Enlargement) of Chapter 18.70 (Nonconforming Uses and Noncomplying Facilities) of
the PAMC are amended to read as follows:
18.70.010 General application.
Except as provided by this chapter Title or otherwise provided by law, a
nonconforming use may be continued, and a structure containing or used by one or more
nonconforming uses may be maintained, or a noncomplying facility may be maintained. A
nonconforming use is a use which existed legally under the provisions of its zoning classification
prior to a rezoning action or annexation which rendered such use not in conformance with the
provisions of such new zoning classification. A noncomplying facility is a facility which existed
legally under the provisions of its zoning classification prior to a rezoning action or annexation
which rendered such facility not in compliance with the provisions of such new zoning
classification.
18.70.080 Noncomplying facility - Enlargement.
(a) Except as specifically permitted by subsections (b) and (c) hereof or by
Section 18.12.050(a), no enlargement, expansion, or other addition or improvement to a
noncomplying facility shall be permitted which increases the noncompliance. This section shall
not be construed to prohibit enlargement or improvement of a facility, otherwise permitted by
this title, which does not affect the particular degree of or manner in which the facility does not
comply with one or more provisions of this title.
(b) Except in areas designated as special study areas, the director of planning
and community environment may permit minor additions of floor area to noncomplying
facilities in the commercial CC, CS and CN zones and in the industrial MOR, ROLM, RP and GM
districts, subject to applicable site development regulations, for purposes of on-site employee
amenities, resource conservation, or code compliance, upon the determination that such minor
additions will not, of themselves, generate substantial additional employment. Such additions
may include, but not be limited to, the following:
(1) Amenity space area designed and used solely for providing on-site services
to employees of the facility, such as recreational facilities, credit unions, cafeterias, on-site
laundry facilities, and daycare facilities.
(2) Area designated for resource conservation, such as trash compactors,
recycling and thermal storage facilities; and
(3) Area designed and required for hazardous materials storage facilities,
handicapped access, and seismic upgrades.
. . .
SECTION 23. Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and
Approvals) of Title 18 (Zoning) of PAMC is amended to read as follows:
18.76.020 Architectural Review
NOT YET APPROVED
151014 jb 0131490A 32 December 15, 2015
. . .
(b) Applicability
. . .
(2) Major Projects. The following are "major projects" for the purposes of the
architectural review process set forth in Section 18.77.070, and are subject to review by the
architectural review board:
. . .
(E) Any project using transferred development rights, as described in Chapter
18.87 18.18.
. . .
SECTION 24. Sections 18.77.060 (Standard Staff Review Process), 18.77.070
(Architectural Review Process), and 18.77.075 (Low-Density Residential Review Process) of
Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) the Palo Alto
Municipal Code are amended to read as follows:
18.77.060 Standard Staff Review Process
. . .
(f) Decision by the Council
The recommendation of the planning and transportation commission on the application
shall be placed on the consent calendar of the council within 30 45 days. The council may:
(1) Adopt the findings and recommendation of the planning and transportation
commission; or
(2) Remove the recommendation from the consent calendar, which shall require three
votes, and direct that the application be set for a new noticed hearing before the city council,
following which the city council shall adopt findings and take action on the application.
(A) Discuss the application and adopt findings and take action on the application based
upon the evidence presented at the hearing of the planning and transportation commission; or
(B) Direct that the application be set for a new hearing before the city council, following
which the city council shall adopt findings and take action on the application.
. . .
18.77.070 Architectural Review Process
. . .
(d) Decision by the Director
Upon receipt of a recommendation of the architectural review board:
(1) Within 3 5 working days, the director shall prepare a written decision to approve
the application, approve it with conditions, or deny it.
NOT YET APPROVED
151014 jb 0131490A 33 December 15, 2015
. . .
(f) Decision by the City Council
The appeal of the director's decision shall be placed on the consent calendar of the city
council within 30 45 days. The city council may:
(1) Adopt the findings and decision of the director; or
(2) Remove the appeal from the consent calendar, which shall require three votes, and
direct that the appeal be set for a new noticed hearing before the city council, following which
the city council shall adopt findings and take action on the application.
(A) Discuss the appeal and adopt findings and take action on the appeal based upon
the evidence presented at the hearing of the architectural review board; or
(B) Direct that the appeal be set for a new hearing before the city council, following
which the city council shall adopt findings and take action on the application.
. . .
18.77.075 Low-density Residential Review Process
. . .
(f) Final Director’s Decision
. . .
(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 45 days. The city council may:
(1) Adopt the findings and recommendation of the director; or
(2) Remove the recommendation from the consent calendar, which shall require four
three votes, and direct that the application be set for a new noticed hearing before the city
council, following which the city council shall adopt findings and take action on the application.
set the application for a new hearing before the city council, following which the city council
shall adopt findings and take action on the application.
. . .
SECTION 25. Any provision of the Palo Alto Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 26. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
NOT YET APPROVED
151014 jb 0131490A 34 December 15, 2015
SECTION 27. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections
15061(b) and 15301, 15302 and 15305 because it simply provides a comprehensive permitting
scheme.
SECTION 28. This ordinance shall not apply to any planning or land use applications
deemed complete as of the effective date of this ordinance.
SECTION 29. This ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Senior Asst. City Attorney City Manager
____________________________
Director of Planning & Community
Environment
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 6
Special Meeting
December 7, 2015
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:06 P.M.
Present: Berman, DuBois, Filseth, Holman, Kniss, Scharff, Schmid,
Wolbach
Absent: Burt
Study Session
1.Prescreening of a Proposed Hotel Development at 744-750 San
Antonio Road.
Special Orders of the Day
2.Fire Safety Month Poster Award Recognition to Palo Alto Unified School
District Students for Excellence in Design, Art and Messaging.
Agenda Changes, Additions and Deletions
None.
Consent Calendar
MOTION: Council Member Kniss moved, seconded by Vice Mayor Schmid to
approve Agenda Item Numbers 3-9 and continue Agenda Item Number 10-
Approval of Amendment Number Three to the Palo Alto-Stanford Fire
Protection Agreement… to December 14, 2015.
3.Resolution 9563 Entitled, “Resolution of the Council of the City of Palo
Alto Summarily Vacating Public Easement at 3264 Kipling Avenue.”
Attachment B
DRAFT ACTION MINUTES
Page 2 of 6
City Council Meeting
Draft Action Minutes: 12/7/15
4. Resolution 9564 Entitled, “Resolution of the Council of the City of Palo
Alto Summarily Vacating Public Easement at 4252 Manuela Court.”
5. Adoption of an Ordinance to add Chapter 10.51 to the Palo Alto
Municipal Code to Permanently Implement the Crescent Park No
Overnight Parking Program and Expand the Boundaries of the
Program.
6. Approve Amendment Number One to Contract Number C1415263 With
Townsend Public Affairs to add 24 Months of Service at a Cost of
$8,500 per Month, Totaling $204,000, for a Total Contract Amount not to Exceed $391,000 for State Legislative Advocacy Services.
7. Budget Amendment Ordinance 5365 Entitled, “Budget Amendment
Ordinance of the Council of the City of Palo Alto to Appropriate
$203,561 From the Residential Housing Fund for Rehabilitation of the
Colorado Park Apartments Consistent With Prior Loan Approval.”
8. Adoption of an Ordinance Re-Titling and Amending Municipal Code
Chapter 5.30 (Plastic Foam and Non-Recyclable Food Service
Containers and Packaging Items) to Prohibit Sale of Non-Recyclable
Plastic Foam at Retail Establishments Such as Grocery Stores,
Pharmacies, Mail Service Stores and Hardware Stores.
9. Resolution 9565 Entitled, “Resolution of the Council of the City of Palo
Alto Revising the Citywide Records Retention Schedule and Repealing
Resolution No. 8688.”
10. Approval of Amendment Number Three to the Palo Alto-Stanford Fire
Protection Agreement With the Board of Trustees of the Leland
Stanford Junior University Extending the Term for One Year for a Total
Fee of $6.5 Million, and Approval of a Related Budget Amendment
Ordinance Reducing the General Fund Budget Stabilization Reserve by
$675,000 to Offset a Reduction in FY 2016 Fire Department Revenues.
MOTION PASSED: 7-0 Scharff not participating, Burt absent
Action Items
11. PUBLIC HEARING: Review and Adoption of an Ordinance to Amend
Land Use Related Portions of Titles 16 and 18 of the Palo Alto
DRAFT ACTION MINUTES
Page 3 of 6
City Council Meeting
Draft Action Minutes: 12/7/15
Municipal Code. The Purposes of the Code Amendments and Additions
are to: (1) Improve the Use and Readability of the Code, (2) Clarify
Certain Code Provisions, and (3) Align Regulations to Reflect Current
Practice and Council Policy Direction. The Affected Chapters of Title 16
Include but are not Limited to Title 16 (Building Regulations), Chapters
16.20 (Signs), 16.24 (Fences), and 16.57 (In-Lieu Parking Fees for
New Non-Residential Development in the Commercial Downtown (CD)
Zoning District), and Title 18 (Zoning), Chapters 18.01 (Adoption,
Purposes and Enforcement), 18.04 (Definitions), 18.08 (Designation and Establishment of Districts), 18.10 (Low Density Residential RE, R-
2 and RMD Districts), 18.12 (R-1, Single Family Residence District),
18.13 (Multiple Family Residential (RM-15, RM-30, RM-40) Districts),
18.14 (Below Market Rate Housing Program), 18.15 (Residential
Density Bonus), 18.16 (Neighborhood, Community, and Service
Commercial (CN,CC and CS) Districts), 18.18 (Downtown Commercial
(CD) Districts)), 18.20 (Office, Research and Manufacturing (MOR,
ROLM, RP and GM) Districts), 18.23 Performance Criteria for Multiple
Family, Commercial, Manufacturing and Planned Community Districts),
18.31 (CEQA Review - a new Chapter), 18.34 (PTOD Combining
District Regulations), 18.40 (General Standards and Exceptions),
18.52 (Parking and Loading Requirements), 18.70 (Non-conforming Uses and Non-complying Facilities), 18.76 (Permits and Approvals),
and 18.77 (Processing of Permits and Approvals).
Public Hearing opened at 7:14 P.M.
Public Hearing closed at 7:26 P.M.
MOTION: Council Member Scharff moved, seconded by Council Member
Kniss to adopt Ordinance Sections 1-3, modifying Municipal Code Title 16
(Group 1 Interpretations of 16.20 (Signs)).
MOTION PASSED: 8-0 Burt absent
MOTION: Council Member DuBois moved, seconded by Council Member
Wolbach to adopt Ordinance changes in Group 2 with Staff’s suggested
changes to American’s with Disabilities Act (ADA) language, and with
changes to Zoning Code Interpretation and Interpretation of Land Uses in
order to include a process to bring changes to Council quarterly for
approval.
DRAFT ACTION MINUTES
Page 4 of 6
City Council Meeting
Draft Action Minutes: 12/7/15
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to replace in the Motion, “bring changes to
Council quarterly for approval” with “bring an Information Report to Council
quarterly.”
AMENDMENT: Mayor Holman moved, seconded by Council Member XX to
add to the Motion, when a project Staff Report is written that requires a
formal written interpretation as referenced in Municipal Code Section
18.01.025 the description of that determination shall be called out in the
Staff Report.
AMENDMENT WITHDRAWN BY THE MAKER
MOTION AS AMENDED PASSED: 8-0 Burt absent
MOTION: Council Member Scharff moved, seconded by Council Member
Berman to adopt Ordinance Sections 10-13, modifying Municipal Code
Chapters 18.13-18.15.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “replace in Municipal Code
Sections 18.15.040(b), and 18.15.100(d)(iv), “59 years” with “55 years.”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Section 19 of the
Ordinance, Municipal Code Section 18.34.040(e)(3) with “the provisions of
this section are intended to address the density bonus requirements of state law within the PTOD District. The maximum bonus density available under
this section shall be the greater of the bonus density allowed under this
chapter or under the City’s density bonus provisions contained in Chapter
18.15.”
AMENDMENT: Council Member Wolbach moved, seconded by Council
Member XX to remove from Municipal Code Section 18.13.010(a), (b), and
(c), “with no required minimum density.”
AMENDMENT FAILED DUE TO THE LACK OF A SECOND
MOTION AS AMENDED PASSED: 7-1 Wolbach no, Burt absent
DRAFT ACTION MINUTES
Page 5 of 6
City Council Meeting
Draft Action Minutes: 12/7/15
MOTION: Council Member Scharff moved, seconded by Council Member
Kniss to adopt Ordinance Sections 14-15, modifying Municipal Code Chapters
18.16 and 18.18 including Staff proposed changes to Municipal Code Section
18.18.120(a)(2)(C).
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add at the end of the Motion, “to replace
‘volume of space that is’ with ‘three dimensional shape and space.’”
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to add to the Motion, “in Municipal Code Section 18.18.060(e), replace “minimum extent necessary” with “incremental square
footage necessary.”
MOTION AS AMENDED PASSED: 8-0 Burt absent
MOTION: Council Member Wolbach moved, seconded by Council Member
DuBois to approve Ordinance Sections 16-21, modifying Municipal Code
Chapters 18.20-18.52.
SUBSTITUTE MOTION: Mayor Holman moved, seconded by Council
Member DuBois to continue discussion of the addition of Municipal Code
Sections 18.31.010, 18.31.020, and 18.31.030.
SUBSTITUTE MOTION FAILED: 3-5 DuBois, Holman, Schmid yes, Burt
absent
MOTION PASSED: 7-1 Holman no, Burt absent
MOTION: Council Member Scharff moved, seconded by Council Member
Berman to approve Ordinance Sections 22-24, modifying Municipal Code
Chapters 18.70-18.77.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “to continue Municipal Code
Section 18.76.020 to the next available meeting.
MOTION RESTATED: Council Member Scharff moved, seconded by Council
Member Berman to approve Ordinance Sections 22 and 24, modifying
Municipal Code Chapters 18.70-18.77 with the exception of Municipal Code
Section 18.76.020.
DRAFT ACTION MINUTES
Page 6 of 6
City Council Meeting
Draft Action Minutes: 12/7/15
MOTION AS AMENDED PASSED: 8-0 Burt absent
MOTION: Council Member Scharff moved, seconded by Council Member
Kniss to continue Attachment E of the Staff Report to a date uncertain.
SUBSTITUTE MOTION: Vice Mayor Schmid moved, seconded by Mayor
Holman to set a hard stop of 11:00 P.M.
SUBSTITUTE MOTION FAILED: 4-4 DuBois, Filseth, Holman, Schmid yes,
Burt absent
MOTION PASSED: 5-3 Filseth, Holman, DuBois no, Burt absent
12. PUBLIC HEARING: Certification of the Final Environmental Impact Report (FEIR) and Approval of the Record of Land Use Action to Allow
Demolition of Four Existing Structures Totaling 265,895 Square Feet
and Construction of Four Two-Story Office Buildings Totaling 265,895
Square Feet of Floor Area With Below and At-Grade Parking and Other
Site Improvements Located at 1050 Page Mill Road. Zoning District:
Research Park (RP). Environmental Assessment: An Environmental
Impact Report has Been Prepared. (STAFF REQUESTS ITEM BE
CONTINUED TO JANUARY 11, 2016).
Inter-Governmental Legislative Affairs
None.
Council Member Questions, Comments and Announcements
None.
Adjournment: The meeting was adjourned at 10:33 P.M.
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Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC)
Title 16 (Building Regulations), Chapters 16.20 (Signs), 16.24 (Fences), and 16.57 (In-Lieu
Parking Fees for New Non-Residential Development in the Commercial Downtown (CD)
Zoning District)), and Title 18 (Zoning), Chapters 18.01 (Adoption, Purposes and
Enforcement), 18.04 (Definitions), 18.08 (Designation and Establishment of Districts), 18.10
(Low Density Residential RE, R-2 and RMD Districts), 18.12 (R-1, Single Family Residence
District), 18.13 (Multiple Family Residential (RM-15, RM-30, RM-40) Districts), 18.14 (Below
Market Rate Housing Program), 18.15 (Residential Density Bonus), 18.16 (Neighborhood,
Community, and Service Commercial (CN,CC and CS) Districts), 18.18 (Downtown Commercial
(CD) District), 18.20 (Office, Research and Manufacturing (MOR, ROLM, RP and GM)
Districts)), 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and
Planned Community Districts), 18.31 (CEQA Review - a new chapter), 18.34 (PTOD Combining
District Regulations), 18.40 (General Standards and Exceptions), 18.52 (Parking and Loading
Requirements), 18.70 (Nonconforming Uses and Noncomplying Facilities), 18.76 (Permits and
Approvals), and 18.77 (Processing of Permits and Approvals)
Changes made to Planning Code Ordinance from first reading:
SECTION 5. Section 18.01.025 (Zoning Code Interpretation) is added to Chapter 18.01
(Adoption, Purposes, and Enforcement) of Title 18 (Zoning) of the PAMC to read as follows:
18.01.025 (Zoning Code Interpretation)
Whenever in the opinion of the Planning and Community Environment Director (PCE
Director) there is any question regarding the interpretation of the Comprehensive Plan or the
planning and land use provisions of Titles 16, 18 or 21 to any specific case or situation, the PCE
Director shall have the authority to interpret such planning codes. When in the opinion of the
PCE Director a formal written decision is warranted, the Director shall make the written
decision available to the public by posting on the City’s website. The interpretation shall
become effective fourteen consecutive calendar days from the date of posting unless appealed
under this section. The interpretation shall become the standard interpretation for future
application of that provision of this Chapter unless changed by the Council on appeal. In
accordance with the provisions of Section 18.77.070(f), any person may appeal the PCE
Director’s written interpretation prior to its effective date. All final written interpretations
made under this section shall be made publicly available on the City’s website. Staff shall
prepare a quarterly Information Report to the Council summarizing all final interpretations
made under this section.
SECTION 6. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to read as follows:
18.04.030 Definitions
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(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
. . .
(B) Non-residential & Multifamily Exclusions: For all zoning districts other than the R-E,
R-1, R-2 and RMD residence districts, "gross floor area" shall not include the following:
. . .
(iv) Except in the CD District and in areas designated as special study areas, 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
other energy facilities meeting the criteria outlined in Section 18.42.120 (Resource
Conservation Energy Facilities);
b. Areas designed and required for hazardous materials storage facilities, disability
related or seismic upgrades. For the purposes of this section disability related upgrades are
limited to the incremental square footage necessary to accommodate disability access
minimum extent necessary and shall be subject to the Director’s approval not to exceed 500
square feet per site. Disability related upgrades shall only apply to remodels of existing
buildings and shall not qualify for grandfathered floor area in the event the building is later
replaced or otherwise redeveloped.
. . .
SECTION 7. Section 18.08.080 (Interpretation of Land Use Classifications) is added to
Chapter 18.08 (Designation and Establishment of Districts) of Title 18 (Zoning) to read as
follows:
18.08.080 Interpretation of Land Use Classifications
The PCE Director shall have the authority to interpret whether a land use is similar to
other permitted or conditionally permitted land uses listed in any Zoning District. Such
interpretations may be appealed in accordance with Section 18.77.070(f). Staff shall prepare a
quarterly Information Report to the Council summarizing all final interpretations made under
this section.
SECTION 9. Sections 18.12.040 (Site Development Standards) (Tables 2 and 3),
18.12.050 (Permitted Encroachments, Projections and Exceptions), 18.12.060 (Parking),
18.12.070 (Second Dwelling Units), 18.12.090 (Basements), 18.12.100 (Regulations for the
Single Story Overlay (S) Combining District), 18.12.110 (Single Family Individual Review),
18.12.120 (Home Improvement Exception) of Chapter 18.12 (R-1 Single- Family Residential
District) of Title 18 (Zoning) of the PAMC is amended to read as follows:
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. . .
18.12.120 Home Improvement Exception
(a) Purpose
A home improvement exception ("HIE") 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 Historic 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-1, 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, including exterior
finishes such as siding or cladding.
. . .
SECTION 13. Sections 18.15.030 (Density Bonuses), 18.15.040 (Development Standards
for Affordable Units), and 18.15.100 (Regulatory Agreement) of Chapter 18.15 (Residential
Density Bonus) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as
follows:
. . .
18.15.040 Development Standards for Affordable Units
. . .
(b) Moderate income restricted affordable units shall remain restricted and affordable
to the designated income group for a minimum period of 559 years (or a longer period of time
if required by the construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program). Very low and lower restricted affordable units shall
remain restricted and affordable to the designated income group for a period of 55 years for
both rental and for-sale units (or a longer period of time if required by a construction or
mortgage financing assistance program, mortgage insurance program, or rental subsidy
program).
. . .
18.15.050 Development Concessions and Incentives
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This section includes provisions for providing concessions or incentives pursuant to
Government Code Section 65915.
(a) By right parking incentives. Upon request by the applicant, a development that is eligible for
a density bonus may provide parking as provided in this subsection (a), consistent with
Government Code Section 65915(p), inclusive of handicapped and guest parking:
(i) Zero to one bedroom unit: one on-site parking space;
(ii) Two to three bedroom unit: two on-site parking spaces;
(iii) Four or more bedroom unit: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be rounded up to
the next whole number. For purposes of this subsection, this parking may be provided through
tandem parking or uncovered parking, but not through on-street parking.
(b) Additional parking incentives for transit oriented projects.
(i) Notwithstanding paragraph (a) above, if a development includes the maximum
percentage of low- or very low income units provided for in section 18.15.030(b) and is located
within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, and there is unobstructed access to the major transit stop from the
development, then, upon request of the applicant, the city shall not impose a vehicular parking
ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For
purposes of this subdivision, a development shall have unobstructed access to a major transit
stop if a resident is able to access the major transit stop without encountering natural or
constructed impediments.
(ii) Notwithstanding paragraph (a) above, if a development consists solely of rental
units, exclusive of a manager’s unit, with an affordable housing cost to lower income families,
as provided in Section 50052.5 of the Health and Safety Code, then, upon the request of the
applicant, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest
parking, that exceeds the following ratios:
(A) If the development is located within one-half mile of a major transit stop, as defined
in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed
access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per
unit.
(B) If the development is a for-rent housing development for individuals who are 62
years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall
not exceed 0.5 spaces per unit. The development shall have either paratransit service or
unobstructed access, within one-half mile, to fixed bus route service that operates at least eight
times per day.
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(C) If the development is a special needs housing development, as defined in Section
51312 of the Health and Safety Code, the ratio shall not exceed 0.3 spaces per unit. The
development shall have either paratransit service or unobstructed access, within one-half mile,
to fixed bus route service that operates at least eight times per day.
(iii) Notwithstanding paragraphs (i) and (ii), the city may impose a higher vehicular
parking ratio not to exceed the ratio described in paragraph (a) if the city has conducted an
area wide or citywide parking study in compliance with Government Code Section 65915(p)(7).
(c) Other incentives and concessions. A development is eligible for other concessions or
incentives as follows:
. . .
18.15.100 Regulatory Agreement
. . .
(d) The regulatory agreement shall be consistent with the guidelines of the city’s Below
Market Rate Program and shall include at a minimum the following:
. . .
(iv) Term of use restrictions for restricted affordable units of at least 55 years for
moderate income units and at least 55 years for low and very low units;
. . .
SECTION 14. Sections 18.16.050 (Office Use Restrictions) and 18.16.060 (Development
Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and
CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as
follows:
18.16.50 Office Use Restrictions
The following restrictions shall apply to office uses:
(a) Conversion of Ground Floor Housing and Non-Office Commercial to Office
Medical, Professional, and Business offices shall not be located on the ground floor,
unless any of the following apply to such offices such offices either:
(1) Have been continuously in existence in that space since March 19, 2001, and as of
such date, were neither non-conforming nor in the process of being amortized pursuant to
Chapter 18.30(I);
(2) Occupy a space that was not occupied by housing, neighborhood business service,
retail services, personal services, eating and drinking services, or automotive service on March
19, 2001 or thereafter;
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(3) In the case of CS zoned properties with site frontage on El Camino Real, were not
occupied by housing on March 19, 2001;
(4) Occupy a space that was vacant on March 19, 2001;
(5) Are located in new or remodeled ground floor area built on or after March 19, 2001
if the ground floor area devoted to housing, retail services, eating and drinking services,
personal services, and automobile services does not decrease;
(6) Are on a site located in an area subject to a specific plan or coordinated area plan,
which specifically allows for such ground floor medical, professional, and general business
offices; or
(7) Are located anywhere in Building E or in the rear 50% of Building C or D of the
property at the southeast corner of the intersection of Park Boulevard and California Avenue,
as shown on sheet A2 of the plans titled “101 California Avenue Townhouse/Commercial/
Office, Palo Alto, CA” by Crosby, Thornton, Marshall Associates, Architects, dated June 14,
1982, revised November 23, 1982, and on file with the Department of Planning and Community
Environment.
. . .
SECTION 15. Sections 18.18.060 (Development Standards), 18.18.070 (Floor Area
Bonuses, 18.18.080 (Transfer of Development Rights), and 18.18.120 (Grandfathered Uses and
Facilities) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) of the
PAMC are amended to read as follows:
18.18.060 Development Standards
. . .
(e) Exempt Floor Area
When an existing building is being expanded, square footage which, in the judgement of
the chief building official, does not increase the usable floor area, and is either necessary to
conform the building to Title 24 of the California Code of Regulations, regarding disability
related access, or is necessary to implement the historic rehabilitation of the building, shall not
be counted as floor area. For the purposes of this section disability related upgrades are
limited to the incremental square footage necessary to accommodate disability access
minimum extent necessary and shall be subject to the Director’s approval not to exceed 500
square feet per site. Disability related upgrades shall only apply to remodels of existing
buildings and shall not qualify for grandfathered floor area in the event the building is later
replaced or otherwise redeveloped.
. . .
18.18.080 Transfer of Development Rights
. . .
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(h) Transfer Procedure
Transferable development rights may be transferred from a sender site (or sites) to a
receiver site only in accordance with all of the following requirements:
(1) An application pursuant to Chapter 18.76 of this code for major ARB review of
the project proposed for the receiver site must be filed. The application shall include:
(A) A statement that the applicant intends to use transferable development
rights for the project;
(B) Identification of the sender site(s) and the amount of TDRs proposed to be
transferred; and
(C) Evidence that the applicant owns the transferable development rights or a
signed statement from any other owner(s) of the TDRs that the specified amount of floor area
is available for the proposed project and will be assigned for its use.
(2) The application shall not be deemed complete unless and until the city
determines that the TDRs proposed to be used for the project are available for that purpose.
(3) In reviewing a project proposed for a receiver site pursuant to this section, the
architectural review board shall review the project in accordance with Chapters 18.76 and
18.77 of this code; however, the project may not be required to be modified for the sole
purpose of reducing square footage unless necessary in order to satisfy the findings for
approval under Chapter 18.76 or any specific requirement of the municipal code.
(4) Following ARB approval of the project on the receiver site, and prior to issuance
of building permits, the director of planning and community environment or the director’s
designee shall issue written confirmation of the transfer, which identifies both the sender and
receiver sites and the amount of TDRs which have been transferred. This confirmation shall be
recorded in the office of the county recorder prior to the issuance of building permits and shall
include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are
other than the applicant.
18.18.120 Grandfathered Uses and Facilities
(a) Grandfathered Uses
(1) The following uses and facilities may remain as grandfathered uses, and shall not
require a conditional use permit or be subject to the provisions of Chapter 18.70:
(A) Any use which was being conducted on August 28, 1986; or
(B) A use not being conducted on August 28, 1986, if the use was temporarily
discontinued due to a vacancy of 6 months or less before August 28, 1986; or
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(C) Any office use existing on April 16, 1990 on a property zoned CD and GF
combining, which also existed as a lawful conforming use prior to August 28, 1986,
notwithstanding any intervening conforming use.
(2) The grandfathered uses in subsection (1) shall be permitted to remodel, improve,
or replace site improvements on the same site, for continual use and occupancy by the same
use, provided such remodeling, improvement, or replacement complies with all of the
following:
(A) shall not result in increased floor area;
(B) shall not relocate below grade floor area to above grade portions of the
building;
(C) shall not result in an increase of the height, length, building envelope, building
footprint or any other increase in the size of the improvement. For purposes of this section,
“building envelope” shall mean the three dimensional shape and size occupied by an existing
building. It is not the maximum, buildable potential of the site;
(D) shall not increase the degree of noncompliance, except pursuant to the
exceptions to floor area ratio regulations set forth in Section 18.18.070; or
(E) in the case of medical, professional, general business or administrative office
uses of a size exceeding 5,000 square feet in the CD-S or CD-N district that are deemed
grandfathered pursuant to subsection (1), such remodeling, improvement, or replacement shall
not result in increased floor area devoted to such office uses.
(F) The Director may approve minor changes to the building’s footprint, height,
length, and the building envelope through Architectural Review of minor aesthetic architectural
improvements and to improve pedestrian-orientation provided there is no increase to the
degree of any non-complying feature.
. . .
SECTION 19. Section 18.34.040 (Pedestrian and Transit Oriented Development (PTOD)
Combining District Regulations) of Chapter 18.34 (Pedestrian and Transit Oriented
Development (PTOD) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows:
18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District
Regulations
. . .
(e) Density, FAR, and Height Bonus Provisions
The following provisions are intended to allow for increased density, FAR, height, and
other development bonuses upon construction of additional below market rate (BMR) housing
units. The bonus allowances shall be allowed subject to the following limitations:
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(1) Bonuses are only applicable where below market rate (BMR) units are provided
in excess of those required by Palo Alto's BMR program as set forth in Section 18.14.030(a) and
Program H-3.1.2 of the Housing Element. Key elements of the BMR Program include:
(A) Five or more units: Minimum 15% of units must be BMR units;
(B) Five or more acres being developed: Minimum 20% of units must be BMR
units; and
(C) BMR units shall meet the affordability and other requirements of Program H-
3.1.2 and the city's BMR Program policies and procedures.
(2) The following BMR bonuses shall be considered and may be approved upon
rezoning to the PTOD district:
(A) Density Increase: Density may be increased above the maximum base
density allowed (40 units per acre), such that at least one additional BMR unit is provided for
every three additional market rate units constructed. The resultant density may not exceed fifty
units per acre. Density shall be calculated based on the gross area of the site prior to
development.
(B) FAR Increase: For projects with a residential density greater than thirty units
per acre, the allowable residential FAR may be increased. The FAR increase shall be equivalent
to 0.05 for each additional 5% (in excess of the city requirements) of the total number of units
that are proposed as BMR units, but may not exceed 50% of the residential FAR prior to the
bonus, and may not exceed a total FAR of 1.5.
(C) Height Increase: For projects with a residential density greater than 30 units
per acre, the allowable project height may be increased. The height increase shall be equivalent
to one foot above the maximum for each additional 5% (in excess of the city requirements) of
the total number of units that are proposed as BMR units, but may not exceed a maximum
height (50 feet).
(D) Other incentives for development of BMR units, such as reduced setbacks
and reduced open space, may be approved where at least 25% of the total units constructed
are BMR units and subject to approval by the architectural review board.
(3) The provisions of this section are intended to address the density bonus requirements of
state law within the PTOD District. The maximum bonus density available under this section shall be the
greater of the bonus density allowed under this chapter or under the city’s density bonus provisions
contained in Chapter 18.15.
. . .
SECTION 23. Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and
Approvals) of Title 18 (Zoning) of PAMC is amended to read as follows:
18.76.020 Architectural Review
. . .
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(b) Applicability
. . .
(2) Major Projects. The following are "major projects" for the purposes of the
architectural review process set forth in Section 18.77.070, and are subject to review by the
architectural review board:
. . .
(E) Any project using transferred development rights, as described in Chapter
18.18.
. . .
(d) Findings
Neither the director, nor the city council on appeal, shall grant architectural review
approval, unless it is found that:
(1) The design is consistent and compatible with applicable elements of the Palo Alto
Comprehensive Plan;
(2) The design is compatible with the immediate environment of the site;
(3) The design is appropriate to the function of the project;
(4) In areas considered by the board as having a unified design character or historical
character, the design is compatible with such character;
(5) The design promotes harmonious transitions in scale and character in areas
between different designated land uses;
(6) The design is compatible with approved improvements both on and off the site;
(7) The planning and siting of the various functions and buildings on the site create an
internal sense of order and provide a desirable environment for occupants, visitors and the
general community;
(8) The amount and arrangement of open space are appropriate to the design and the
function of the structures;
(9) Sufficient ancillary functions are provided to support the main functions of the
project and the same are compatible with the project's design concept;
(10) Access to the property and circulation thereon are safe and convenient for
pedestrians, cyclists and vehicles;
(11) Natural features are appropriately preserved and integrated with the project;
(12) The materials, textures, colors and details of construction and plant material are
appropriate expression to the design and function and whether the same are compatible with
the adjacent and neighboring structures, landscape elements and functions;
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(13) The landscape design concept for the site, as shown by the relationship of plant
masses, open space, scale, plant forms and foliage textures and colors create a desirable and
functional environment and whether the landscape concept depicts an appropriate unity with
the various buildings on the site;
(14) Plant material is suitable and adaptable to the site, capable of being properly
maintained on the site, and is of a variety which would tend to be drought-resistant and to
reduce consumption of water in its installation and maintenance;
(15) ITie project exhibits green building and sustainable design that is energy efficient,
water conserving, durable and nontoxic, with high-quality spaces and high recycled content
materials. The following considerations should be utilized in determining sustainable site and
building design:
(A) Optimize building orientation for heat gain, shading, daylighting, and natural
ventilation;
(B) Design of landscaping to create comfortable micro-climates and reduce heat island
effects;
(C) Design for easy pedestrian, bicycle and transit access;
(D) Maximize on site stormwater management through landscaping and permeable
paving;
(E) Use sustainable building materials;
(F) Design lighting, plumbing and equipment for efficient energy and water use;
(G) Create healthy indoor environments; and
(H) Use creativity and innovation to build more sustainable environments.
(16) The design is consistent and compatible with the purpose of architectural review
as set forth in subsection (a).
1. The design is consistent with applicable elements of the Palo Alto Comprehensive
Plan, Zoning Code (including context-based design criteria, as applicable) and any
relevant design guides.
2. The project has a unified and coherent design that creates an internal sense of order
and desirable environment for occupants, visitors, and the general community,
preserves, respects and integrates natural features and the historic character of the
area when appropriate, provides harmonious transitions in scale and character to
adjacent land uses and land use designations and enhances living conditions on the
site (if it includes residential uses) and in adjacent residential areas.
3. The design is of high aesthetic quality, using high quality materials and appropriate
construction techniques, and incorporating textures, colors, and other details that
are compatible with and enhance the surrounding area.
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4. The design is functional, allowing for ease and safety of pedestrian and bicycle
access and providing for elements that support the building’s necessary operations
(e.g. convenient vehicle access to property and utilities, appropriate arrangement
and amount of open space and integrated signage, if applicable, etc.).
5. The landscape design is suitable, integrated and compatible with the building and
the surrounding area, is appropriate to the site’s functions, and utilizes drought-
resistant plant material that can be appropriately maintained.
The project incorporates design principles that achieve sustainability and green building
requirements in areas related to energy efficiency, water conservation, building materials,
landscaping, site planning and sensible design.