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Home My WebLink AboutStaff Report 11939 CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 19, 2021 The Honorable City Council Palo Alto, California SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Permits for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption 15061(b)(3) (FIRST READING: December 14, 2020 PASSED: 7-0) (Continued From January 11. 2021) This was continued by Council Motion on January 11, 2021 due to unanswered Council questions. It was first heard by the Council on December 14, 2020 where it was unanimously passed without changes. MOTION: Council Member Filseth moved, seconded by Vice Mayor DuBois to: A. Find the proposed Ordinance exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3); and B. Adopt on first reading the Ordinance amending various land use definitions to broaden permissible uses and adjust conditional use permit thresholds for some land uses throughout the City. MOTION PASSED: 7-0 ATTACHMENTS: • Attachment A: Draft Ordinance Retail (PDF) Department Head: Beth Minor, City Clerk Page 2 *NOT YET APPROVED* 1 0160034_20201203_ay_16 Ordinance No. ___ Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor combining districts The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat of Coronavirus Disease 2019 (“COVID-19”). B. As a result of the COVID-19 pandemic and the public health response, restaurant, retail, tourism, and hospitality business has significantly declined and the nation is experiencing a recession. C. The City Council desires to relax certain zoning regulations in the City’s commercial zoning districts to address some of the economic challenges created by the COVID-19 pandemic and to spur economic activity. D. The public health, safety, or welfare require that such changes to the City’s zoning regulations be enacted for a temporary period and as expediently as possible, without review by the Planning and Transportation Commission pursuant to Palo Alto Municipal Code section 18.80.090. SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code 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. [. . .] ;ϰϱͿථ͞ƌŝǀĞ-in/drive-through service” means a feature or characteristic of a use involving sales of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive- through services such as mechanical automobile washing, pharmacy windows, coffee stands, automatic teller machines, etc. [. . .] *NOT YET APPROVED* 2 0160034_20201203_ay_16 ;ϰϳͿථ͞ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞrvice” means a use providing preparation and retail sale of food and beverages with a full menu and providing indoor seating area. ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐ service include ƉƌĞƐĞŶĐĞŽĨĂĨƵůůĐŽŵŵĞƌĐŝĂůŬŝƚĐŚĞŶĂŶĚĐŽŵŵĞƌĐŝĂůĚŝƐŚǁĂƐŚĞƌ͘including restaurants, fountains, cafes, coffee shops, sandwich shops, ice cream parlors, ƚĂǀĞƌŶƐ͕ĐŽĐŬƚĂŝů lounges and similar uses. For establishments with incidental sale alcoholic beverages, a ŵŝŶŝŵƵŵŽĨϱϬйŽĨƌĞǀĞŶƵĞƐĨƌŽŵĂŶ͚ĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞ͛ŵƵƐƚďĞĚĞƌŝǀĞĚĨƌŽŵƚŚĞ sale of food. Related definitions are provided in subsections (45) (Drive-in/drive-through service), (125)(B) (Intensive retail service) and (136) ;dĂŬĞ-out service). [. . .] (95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Medical office use does not include the storage or use of hazardous materials in excess of the permit quantities as defined in Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total (including waste). (95.1) (A) “Medical research” means a use related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials above the exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title 15. Additionally, Medical Research may include storage and use of etiological (biological) agents ƵƉƚŽĂŶĚŝŶĐůƵĚŝŶŐZŝƐŬ'ƌŽƵƉϮŽƌŝŽ^ĂĨĞƚǇ>ĞǀĞůϮ;ĞŶƚĞƌĨŽƌŝƐĞĂƐĞŽŶƚƌŽůͿ͘ (95.2) (B) “Medical support retail” means a retail use providing sales, rental, service, or repair of medical products and services to consumers or businesses, and whose location near hospitals or medical offices facilitates the provision of medical care or medical research. Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of prosthetics, and sale of eyeglasses or other eye care products. (95.3) (C) “Medical support service” means a use providing administrative support functions for healthcare providers or facilities, intended to support the operations of hospitals or of medical and dental office uses, and whose location near those medical facilities enhances the interaction between medical providers and/or facilitates the provision of medical care or medical research. Examples of medical support service uses typically include, but are not limited to, administration and billing services, public relations, training, and fundraising. Hospitals and ambulance services are not included in this definition. [. . .] *NOT YET APPROVED* 3 0160034_20201203_ay_16 (114) “Personal service” means a use providing services of a personal convenience nature, and cleaning, repair or sales incidental thereto, including: (A) Beauty shops, nail salons, day spas, and barbershops; (B) Self-ƐĞƌǀŝĐĞůĂƵŶĚƌǇĂŶĚĐůĞĂŶŝŶŐƐĞƌǀŝĐĞƐ͖ůĂƵŶĚƌǇĂŶĚĐůĞĂŶŝŶŐƉŝĐŬ-up stations where all cleaning or servicing for the particular station is done elsewhere; and laundry and cleaning stations where the cleaning or servicing for the particular station is done on site, utilizing equipment meeting any applicable Bay Area Air Quality Management District requirements, so long as no cleaning for any other station is done on the same site, provided that the amount of hazardous materials stored does not at any time exceed the threshold which would require a permit under Title 17 (Hazardous Materials Storage) of this code; (C) Repair and fitting of clothes, shoes, and personal accessories; (D) YƵŝĐŬƉƌŝŶƚŝŶŐĂŶĚĐŽƉǇŝŶŐƐĞƌǀŝĐĞƐ where printing or copying for the particular ƐĞƌǀŝĐĞŝƐĚŽŶĞŽŶƐŝƚĞ͕ƐŽůŽŶŐĂƐŶŽƋƵŝĐŬƉƌŝŶƚŝŶŐŽƌĐŽƉǇŝŶŐĨŽƌĂŶǇŽĨĨ-site printing or copying service is done on the same site; (E) Internet and other consumer electronics services; (F) Film, data and video processing shops, including shops where processing for the particular shop is done on site, so long as no processing for any other shop is done on the same site; (G) Art, dance or music studios intended for an individual or small group of persons in a class (see “commercial recreation” for other activities); and (H) Fitness and exercise studios, or similar uses, in a space having of 1,800 5,000 square feet or fewer of gross floor area (see “commercial recreation” for uses exceeding 5,000 square feet other activities). (I) >ĞĂƌŶŝŶŐĐĞŶƚĞƌƐŝŶƚĞŶĚĞĚĨŽƌŝŶĚŝǀŝĚƵĂůŽƌƐŵĂůůŐƌŽƵƉƐĞƚƚŝŶŐƐ͕ŝŶĐůƵĚŝŶŐƚƵƚŽƌŝŶŐ͕ standardized test preparation, language classes, after-school programs͕ĐŽŽŬŝŶŐĐůĂƐƐĞƐ͕ĂŶĚ similar uses. [. . .] ;ϭϮϱͿථ͞ZĞƚĂŝůƐĞƌǀŝĐĞ͟ŵĞĂŶƐĂƵƐĞŽƉĞŶƚŽƚŚĞƉƵďůŝĐĚƵƌŝŶŐƚǇƉŝĐĂůďƵƐŝŶĞƐƐŚŽƵƌƐĂŶĚ predominantly engaged in providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use. ;Ϳ͞ǆƚĞŶƐŝǀĞƌĞƚĂŝůƐĞƌǀŝĐĞ͕͟ĂƐƵƐĞĚǁŝƚŚƌĞƐƉĞĐƚƚŽƉĂƌŬŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͕ŵĞĂŶƐĂ retail sales use having more than seventy-five percent of the gross floor area used for display, ƐĂůĞƐ͕ĂŶĚƌĞůĂƚĞĚƐƚŽƌĂŐĞŽĨďƵůŬǇĐŽŵŵŽĚŝƚŝĞƐ, including household furniture and appliances, lumber and building materials, carpeting and floor covering, air conditioning and heating ĞƋƵŝƉŵĞŶƚ͕ĂŶĚƐŝŵŝůĂƌŐŽŽĚƐ͕ǁŚŝĐŚƵƐĞƐŚĂǀĞĚĞŵŽŶƐƚƌĂďůǇůŽǁƉĂƌŬŝŶŐĚĞŵĂŶĚŐĞŶĞƌĂƚŝŽŶ per square foot of gross floor area. *NOT YET APPROVED* 4 0160034_20201203_ay_16 ;Ϳථ ͞/ŶƚĞŶƐŝǀĞƌĞƚĂŝůƐĞƌǀŝĐĞ͟ĂƐƵƐĞĚǁŝƚŚƌĞƐƉĞĐƚƚŽƉĂƌŬŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͕ŵĞĂŶƐĂŶǇ retail service use not defined as extensive retail service and including limited food service (i.e. ‘ready-to-eat’ food and/or beverage ƐŚŽƉƐǁŝƚŚŽƵƚĂĨƵůůĐŽŵŵĞƌĐŝĂůŬŝƚĐŚen, where food and/or beverages are ready to consume at the time of sale and any seating area is limited; examples include sandwiches, frozen desserts, non-alcoholic beverages, and ďĂŬĞĚ items). [. . .] ;ϭϯϲͿ͞dĂŬĞ-out service” means a characteristic of ĂŶĞĂƚŝŶŐŽƌĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞǁŚŝĐŚ encourages, on a regular basis, consumption of food or beverages, such as prepared or ƉƌĞƉĂĐŬĂŐĞĚŝƚĞŵƐ͕ŽƵƚƐŝĚĞŽĨĂďƵŝůĚŝŶŐ͕ŝŶŽƵƚĚŽŽƌƐĞĂƚŝŶŐĂƌĞĂƐǁŚĞƌĞƌĞŐƵůĂƌƚĂďůĞƐĞƌǀŝĐĞŝƐ ŶŽƚƉƌŽǀŝĚĞĚ͕ŝŶǀĞŚŝĐůĞƐƉĂƌŬĞĚŽŶthe premises, or off-site. dĂŬĞ-out service does not include intensive retail service uses, as defined in subsection (125)(B). [. . .] SECTION 3. ^ĞĐƚŝŽŶϭϴ͘ϭϲ͘ϬϰϬ;>ĂŶĚhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϭϲ(Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: The uses of land allowed by this chapter in each commercial zoning district are identified in the ĨŽůůŽǁŝŶŐƚĂďůĞƐ͘>ĂŶĚƵƐĞƐƚŚĂƚĂƌĞŶŽƚůŝƐƚĞĚŽŶƚŚĞƚĂďůĞƐĂƌĞŶŽƚĂůůŽǁĞĚ͕ĞǆĐĞƉƚǁŚĞƌĞ otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. ;ĂͿŽŵŵĞƌĐŝĂůŽŶĞƐĂŶĚ>ĂŶĚhƐĞƐ Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1: TABLE 1 PERMITTED AND CONDITIONALLY PERMITTED USES P = Permitted Use CUP = Conditional Use Permit Required LAND USE CN(4) CC, CC(2) CS (4)Subject to Regulations In: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. P P P 18.42 Drive-in services or take-out services associated with permitted uses(3) CUP CUP CUP 18.42 *NOT YET APPROVED* 5 0160034_20201203_ay_16 Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet. CUP 18.42, 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities CUP P P Private Clubs, Lodges, or Fraternal Organizations CUP P P MANUFACTURING AND PROCESSING USES Recycling Centers CUP CUP CUP Warehousing and Distribution CUP OFFICE USES Administrative Office Services P 18.16.050 Medical Offices CUP (5) CUP (5)CUP (5)18.16.050 Professional and General Business Offices P P P 18.16.050 PUBLIC/QUASI-PUBLIC USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. CUP CUP CUP RECREATION USES Commercial Recreation CUP (5) CUP (5)CUP (5)18.40.160 Outdoor Recreation Services CUP CUP CUP *NOT YET APPROVED* 6 0160034_20201203_ay_16 RESIDENTIAL USES Multiple-Family P(1) P(1) P(1) 18.16.060(b) and (c) Home Occupations P P P Residential Care Homes P P P RETAIL USES Eating and Drinking Services, excluding drive-in and take-out services P P P 18.40.160 Retail Services, excluding liquor stores P P P 18.40.160 Liquor stores CUP P P 18.40.160 Shopping Centers P 18.16.060(e), 18.40.160 SERVICE USES Ambulance Services CUP CUP CUP Animal Care, excluding boarding and kennels P P P Boarding and Kennels CUP Automobile Service Stations CUP CUP CUP 18.30(G) Automotive Services CUP Convalescent Facilities CUP P P Day Care Centers P P P 18.40.160 Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes CUP P P Banks and Financial Services V CUP P(2) P(2) General Business Services CUP P Hotels P P 18.16.060(d), 18.40.160 *NOT YET APPROVED* 7 0160034_20201203_ay_16 Mortuaries CUP P P Neighborhood Business Services P 18.16.060(f) Personal Services P P P 18.16.060(f), 18.40.160 Reverse Vending Machines P P P TEMPORARY USES Farmer's Markets CUP CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five years. CUP CUP CUP TRANSPORTATION USES Parking as a principal use CUP CUP Transportation Terminals CUP CUP P = Permitted Use CUP = Conditional Use Permit Required (1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c). (2) Except drive-in services. (3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another. (4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit. (5) A conditional use permit is not required for medical office or commercial recreation uses up to 5,000 square feet of gross floor area. [. . .] SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: *NOT YET APPROVED* 8 0160034_20201203_ay_16 18.16.060 Development Standards [. . .] (f) Size of Establishments in the CN District In the CN district, permitted commercial uses shall not exceed the floor area per individual use ŽƌďƵƐŝŶĞƐƐĞƐƚĂďůŝƐŚŵĞŶƚƐŚŽǁŶŝŶdĂďůĞϱ͘ථ^ƵĐŚƵƐĞƐŵĂǇďĞĂůůŽǁĞĚƚŽĞǆĐĞĞĚƚŚĞŵĂǆŝŵƵŵ establishment size, subject to issuance of a conditional use permit in accord with Section ϭϴ͘ϳϲ͘ϬϭϬ͘ථdŚĞŵĂǆŝŵƵŵĞƐƚĂďůŝƐŚŵĞŶƚƐŝǌĞĨŽƌĂŶǇĐŽŶĚŝƚŝonal use shall be established by the director and specified in the conditional use permit for such use. TABLE 5 Dy/DhD^/K&^d>/^,DEd Type of Establishment Maximum Size (sq ft) Personal Services 2,500 3,000 Retail services, except grocery stores 15,000 Grocery stores 20,000 ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ 5,000 Neighborhood business services 2,500 3,000 [. . .] (h) Outdoor Sales and Storage (2) In the CC district and in the CC (2) district, the following regulations shall apply to outdoor sales and storage: (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) KƵƚĚŽŽƌĞĂƚŝŶŐĂƌĞĂƐŽƉĞƌĂƚĞĚŝŶĐŝĚĞŶƚĂůƚŽƉĞƌŵŝƚƚĞĚĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐor intensive retail uses, (iii) &ĂƌŵĞƌƐ͛ŵĂƌŬĞƚƐƚŚat have obtained a conditional use permit, and (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. SECTION 5. Sections 18.18.050 (>ĂŶĚhƐĞƐ) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: *NOT YET APPROVED* 9 0160034_20201203_ay_16 18.18.050 Land Uses The uses of land allowed by this chapter in each commercial zoning district are ŝĚĞŶƚŝĨŝĞĚŝŶƚŚĞĨŽůůŽǁŝŶŐƚĂďůĞ͘>ĂŶĚƵƐĞƐƚŚĂƚĂƌĞŶŽƚůŝƐƚĞĚŽŶƚŚĞƚĂďůĞƐĂƌĞŶŽƚĂůůŽǁĞĚ͕ except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. Permitted and conditionally permitted land uses for the CD district are shown in Table 1: Table 1 CD Permitted and Conditionally Permitted Uses P Permitted Use • CUP Conditional Use Permit Required CD-C CD-S CD-N Subject to regulations in Chapter: ACCESSORY USES Accessory facilities and activities associated with or essential to permitted uses, and operated incidental to the principal use P P P Drive-in or Take-out Services associated with permitted uses (2) CUP CUP CUP Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet CUP 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities P P CUP Private Clubs, Lodges, or Fraternal Organizations P P CUP MANUFACTURING AND PROCESSING USES *NOT YET APPROVED* 10 0160034_20201203_ay_16 Recycling Centers CUP CUP CUP Warehousing and Distribution CUP OFFICE USES Administrative Office Services P 18.18.060(f) Medical, Professional, and General Business Offices P P P 18.18.060(f) PUBLIC/QUASI-PUBLIC FACILITY USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards CUP CUP RECREATION USES Commercial Recreation CUP (3) CUP (3) CUP (3) Outdoor Recreation Services CUP CUP CUP RESIDENTIAL USES Multiple-Family P (1)P (1)P (1)18.18.060(b) Home Occupations P P P Residential Care Homes P P P RETAIL USES Eating and Drinking Services, except drive-in or take-out services P P P 18.18.060(g) ,1 8.40.160 Retail Services, excluding liquor stores P P P 18.18.060(g) ,1 8.40.160 Shopping Centers P 18.18.060(g) ,1 8.40.160 Liquor Stores P P CUP 18.40.160 SERVICE USES *NOT YET APPROVED* 11 0160034_20201203_ay_16 Animal Care, excluding boarding and kennels P P P Ambulance Services CUP CUP CUP 18.30(G) Automobile Service Stations CUP CUP CUP Automobile Services CUP Convalescent Facilities P P CUP Day Care Centers P P P 18.40.160 Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes Financial Services, except drive-up services P P CUP General Business Services CUP P P Hotels P P P 18.18.060(d) ,1 8.40.160 Mortuaries P P CUP Personal Services P P P 18.18.060(g) ,1 8.40.160 Reverse Vending Machines P P P TRANSPORTATION USES Parking as a principal use CUP CUP Passenger Transportation Terminals CUP TEMPORARY USES Indoor Farmers’ Markets CUP CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five years CUP CUP CUP *NOT YET APPROVED* 12 0160034_20201203_ay_16 P Permitted Use CUP Conditional Use Permit Required (1) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18.18.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.18.060(c). (2) Drive-up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet and each use shall not be less than 150 ft from one another. (3) A conditional use permit is not required for commercial recreation uses up to 5,000 square feet of gross floor area. SECTION 6. Section 18.18.060 (Development Standards) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: [. . .] (g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use permit in accordance with Chapter 18.76. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use. TABLE 4 MAXIMUM SIZE OF ESTABLISHMENT Type of Establishment Maximum Size (ft 2 ) Personal Services 2,500 3,000 Retail services, except grocery stores 15,000 Grocery stores 20,000 ĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ 5,000 (h) Outdoor Sales and Storage. The following regulations shall apply to outdoor sales and storage in the CD district: (1) CD-C Subdistrict *NOT YET APPROVED* 13 0160034_20201203_ay_16 In the CD-C subdistrict, the following regulations apply: (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) KƵƚĚŽŽƌĞĂƚŝŶŐĂƌĞĂƐŽƉĞƌĂƚĞĚŝŶĐŝĚĞŶƚĂůƚŽƉĞƌŵŝƚƚĞĚĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ or intensive retail uses, (iii) &ĂƌŵĞƌƐΖŵĂƌŬĞƚƐǁŚŝĐŚŚĂǀĞŽďƚĂŝŶĞĚĂĐŽŶĚŝƚŝŽŶĂůƵƐĞƉĞƌŵŝƚ͕ĂŶĚ (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. (C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use permit. (2) CD-S Subdistrict In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas ŽƉĞƌĂƚĞĚŝŶĐŝĚĞŶƚĂůƚŽƉĞƌŵŝƚƚĞĚĞĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ and intensive retail uses shall be permitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. (B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-ƐƚƌĞĞƚƉĂƌŬŝŶŐĨĂĐŝůŝƚŝĞƐǁŝƚŚƌĞƐƉĞĐƚƚŽƉĂǀŝŶŐ͕ŐƌĂĚŝŶŐ͕ drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height. (3) CD-N Subdistrict In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for: (A) Incidental sales and display of plant materials and garden supplies occupying not more than 500 square feet of exterior sales and display area, and ;Ϳ&ĂƌŵĞƌƐΖŵĂƌŬĞƚƐƚŚĂƚŚĂǀĞŽďƚĂŝŶĞĚĐŽŶĚŝƚŝŽŶĂl use permits. [. . .] *NOT YET APPROVED* 14 0160034_20201203_ay_16 SECTION 7. ^ĞĐƚŝŽŶϭϴ͘ϯϬ;Ϳ͘ϬϰϬ;WĞƌŵŝƚƚĞĚhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϯϬ;Ϳ;ZĞƚĂŝů^ŚŽƉƉŝŶŐ (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: Except to the extent a conditional use permit is required pursuant to Section 18.30(A).050, the following uses shall be permitted in an R district: ;ĂͿĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐƐĞƌǀŝĐĞƐ͕ĞǆĐĞƉƚĚƌŝǀĞ-ŝŶĂŶĚƚĂŬĞ-out services. (b) Personal services, except the following on California Avenue: beauty shops; nail salons; barbershops; and laundry and cleaning services as defined in Section 18.04.030(114)(B). (c) Retail services. (d) All other uses permitted in the underlying commercial district, provided they are not located on a ground floor. SECTION 8. Section 18.30(A).05Ϭ;ŽŶĚŝƚŝŽŶĂůhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϯϬ;Ϳ;ZĞƚĂŝů^ŚŽƉƉŝŶŐ (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: The following uses may be conditionally permitted in an R district, subject to the issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approval): (a) Financial services, except drive-in services, on a ground floor. (b) All other conditional uses allowed in the underlying commercial district provided they are not located on a ground floor. (c) Formula retail businesses on California Avenue. (d) Beauty shops, nail salons, and barbershops on California Avenue. SECTION 9. Section 18.30(C).020 (CŽŶĚŝƚŝŽŶĂůhƐĞƐͿŽĨŚĂƉƚĞƌϭϴ͘ϯϬ;Ϳ;'ƌŽƵŶĚ&ůŽŽƌ (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: (a) The following uses shall be permitted in the GF combining district, subject to restrictions in Section 18.40.160180: ;ϭͿĂƚŝŶŐĂŶĚĚƌŝŶŬŝŶŐ͖ (2) Hotels; ;ϯͿWĞƌƐŽŶĂůƐĞƌǀŝĐĞƐ͕ĞǆĐĞƉƚĨŽƌƉĂƌĐĞůƐǁŝƚŚĨƌŽŶƚĂŐĞŽŶhŶŝǀĞƌƐŝƚǇ Avenue, where uses defined in Section 18.04.030(114)(B), (G), and (H) are not permitted; (4) Retail services; (5) Theaters; (6) Travel agencies; (7) Commercial Recreation up to 5,000 square feet in gross floor area, except for ƉĂƌĐĞůƐǁŝƚŚĨƌŽŶƚĂŐĞŽŶhŶŝǀĞƌƐŝƚǇǀĞŶƵĞ͖ (78) All other uses permitted in the underlying district, provided such uses are not on the ground floor. *NOT YET APPROVED* 15 0160034_20201203_ay_16 (b) Elimination or conversion of basement space currently in retail or retail-ůŝŬĞƵƐĞŽƌ related support purposes is prohibited. (c) Entrance, lobby, or reception areas serving non-ground floor uses may be located on the ground floor to the extent reasonably necessary, provided they do not interfere with the gound ground floor use(s), and subject to the approval of the Director. SECTION 10. Section 18.30(C)͘ϬϯϬ;ŽŶĚŝƚŝŽŶĂůhƐĞƐͿ of Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: (a) The following uses may be conditionally allowed on the ground floor in the GF ground floor combining district, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals) and with the additional finding required by subsection (b), subject to restrictions in Section 18.40.160: (1) Business or trade school; (2) Commercial recreation over 5,000 square feet in gross floor area or with ĨƌŽŶƚĂŐĞŽŶhŶŝǀĞƌƐŝƚǇǀĞŶƵĞ; (3) Day care; (4) Financial services, except drive in services; (5) General business service; (6) All other uses conditionally permitted in the applicable underlying district, provided such uses are not on the ground floor. (b) The director may grant a conditional use permit under this section only if he or ƐŚĞŵĂŬĞƐƚŚĞĨŽůůŽǁŝŶŐĨŝŶĚŝŶŐƐŝŶĂĚĚŝƚŝŽŶƚŽƚŚĞĨŝŶĚŝŶŐƐƌĞƋƵŝƌĞĚďǇŚĂƉƚĞƌϭϴ͘ϳϲ;WĞƌŵŝƚƐ and Approvals): (1) The location, access or design of the ground floor space of the existing building housing the proposed use, creates exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. (2) The proposed use will not be determined to the retail environment or the pedestrian-oriented design objectives of the GF combining district. (c) Any use conditionally permitted pursuant to this section shall be effective only during the existence of the building that created the exceptional circumstance upon which the finding set forth in subsection (b) was made. SECTION 11. 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 12. 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 *NOT YET APPROVED* 16 0160034_20201203_ay_16 Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 13. 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)(3) because it can be seen. SECTION 14. This ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon the earlier of June 30, 2022 or adoption of replacement ůĞŐŝƐůĂƚŝŽŶďǇƚŚĞŝƚǇŽƵŶĐŝů͘hƉŽŶĞǆƉŝƌĂƚŝŽŶŽĨƚŚŝƐŽƌĚŝŶĂŶĐĞ͕ƚŚĞŝƚǇůĞƌŬƐŚĂůůĚŝƌĞĐƚƚŚĞ City’s codifier to update the Palo Alto Municipal Code as appropriate. /EdZKh͗ PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ ŝƚǇůĞƌŬ Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services