HomeMy WebLinkAboutStaff Report 14505
City of Palo Alto (ID # 14505)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/20/2022
City of Palo Alto Page 1
Summary Title: SECOND READING: Council Review of Objective Standards
Title: SECOND READING: Adoption of Two Ordinances Implementing the
Objective Standards Project, Including: 1) New Chapter 18.24, Contextual
Design Criteria and Objective Design Standards; 2) Modifications to
Affordable Housing (AH) Overlay District to Eliminate the Legislative Process;
3) Changes to Remove Inconsistencies and Redundancies, and Streamline
Project Review Throughout Title 18 (FIRST READING: June 1, 2022: PASSED:
5-1, Cormack No)
From: City Manager
Lead Department: Planning and Development Services
This item was heard by the City Council on June 1, 2022 for a first reading and was approved
5-1, Cormack no.
Minor changes were made to the Objective Design Standards Ordinance (Chapter 18.24), based
on direction from the City Council and clarifications by the City Attorney’s Office. These changes
are shown in redline/strikeout in Attachment A.
No changes were made to the other Title 18 updates in Attachment B.
Attachments:
Attachment A: Ordinance Adding Chapter 18.24 (Contextual Design Criteria and Objective
Design Standards) (PDF)
Attachment B: Ordinance Amending Title 18 (Zoning) to Implement Objective Standards,
Streamline Process for Housing Development Projects, and Other Clarifications (PDF)
*NOT YET APPROVED*
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.24 of Title 18
(Zoning) of the Palo Alto Municipal Code to Adopt Contextual Design Criteria and
Objective Design Standards
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 18.24 (Contextual Design Criteria and Objective Design
Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is added as follows:
Sections:
18.24.010 Purpose and Applicability
18.24.020 Public Realm/Sidewalk Character
18.24.030 Site Access
18.24.040 Building Orientation and Setbacks
18.24.050 Building Massing
18.24.060 Façade Design
18.24.070 Residential Entries
18.24.080 Open Space
18.24.090 Materials
18.24.100 Sustainability and Green Building Design
18.24.010 Purpose and Applicability
(a) Purpose
The purpose of this Chapter is to provide guidance for good design in the form of “contextual
design criteria” which establish design intent, and objective design standards that facilitate
streamlined review. Diagrams are provided for illustrative purposes only and are not intended
to convey required architectural style. Rather, the objective design standards aim to
accommodate a variety of styles, construction types (e.g., wood frame, modular) and housing
types including townhomes, apartments, condos, and mixed-use buildings.
(b) Applicability of Regulations
These regulations apply to Housing Development Projects (as defined in Gov. Code 65589.5),
both new construction and renovations, within the following zones and combining districts:
(1) Chapter 18.13: RM-20, RM-30, RM-40
(2) Chapter 18.16: CN, CC, CC(2), CS
(3) Chapter 18.18: CD-C, CD-S, CD-N
(4) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM
(5) Chapter 18.28: PF
(6) Chapter 18.34: PTOD combining district
Housing Development Projects include multifamily housing with three or more units (“multiple-
family use” as defined in 18.04.030), supportive and transitional housing, and residential mixed-
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use projects with at least two-thirds residential square footage shall meet the objective design
standards.
(c) Process and Alternative Compliance
Each section of this chapter includes two components:
(1) Contextual design criteria establish design intent for more detailed standards and are
intended to give guidance for all applicable projects, regardless of use.
(2) Objective design standards provide detailed measurable standards or options for
compliance. Projects meeting objective standards are automatically assumed to meet
contextual design criteria.
Housing Development Projects are required to comply with objective standards in order to take
advantage of streamlined review pursuant to Section 18.77.073. However, applicants may
choose to forgo one or more objective standards, in which case the housing project no longer
meets the definition of a Housing Development Projectqualifies for streamlined review and will
be evaluated based on Context-Based Design Criteria for the zoning district, if relevant, and be
subject to architectural review as set forth in Sections 18.76.020 and 18.77.070.
Non-Housing Development Projects and non-residential projects shall adhere to the Context-
Based Design Criteria for the zoning district, if relevant, and be subject to architectural review
as set forth in Section 18.76.020 and 18.77.070.
(d) Definitions
In addition to definitions provided in Chapter 18.04, the following definitions are specific to this
Chapter.
(1) “Primary Building Frontage” means the front lot line or frontage lot line along the public
right-of-way. In the case of a through-lot or corner lot, the primary building frontage
could be on either public right-of-way.
(2) “Primary Building Entry” means the entrance leading to a lobby and accessed from the
primary building frontage.
(3) “Pedestrian Walkway” means a sidewalk or path that is publicly-accessible and connects
from a public right-of-way or private street to another public right-of-way, private
street, or publicly accessible open space.
(4) “Façade Modulation” means a change in building plane, either a recess or a projection,
that changes the shape of the exterior massing of the building.
18.24.020 Public Realm/Sidewalk Character
(a) Contextual Design Criteria
To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists
through the implementation of design, landscaping, and infrastructure. Publicly accessible
spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of
amenities and materials, such as accent paving, tree wells, lighting and street furniture
(e.g., benches, bicycle racks, trash receptacles, news racks).
(2) Complement or match accent paving to existing designs in the Downtown and California
Avenue business district.
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(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and
pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and
enable comfortable pedestrian passage.
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as
bicycles and scooters.
(5) Utilize street parking for visitor or customer parking and to enhance traffic calming.
(b) Objective Design Standards
(1) Sidewalk Widths
(A) Public sidewalks abutting a development parcel in any commercial mixed-use district
(CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD) shall have a minimum sidewalk width
(curb to back of walk) of at least 10 feet. This standard may be met with a
combination of pedestrian clear path and landscape and furniture strip (see Figure
1), as long as the pedestrian clear path is no less than 8 feet. If the existing public
sidewalk does not meet the minimum standard, a publicly accessible extension of
the sidewalk, with corresponding public access easement, shall be provided.
Notwithstanding the total dimensions required herein, the following
streets/locations shall have a minimum sidewalk width as noted:
(i) El Camino Real: 12 ft
(ii) San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft
(B) Publicly accessible sidewalks or walkways, with landscape strips, connecting through
a development parcel (e.g., on a through lot) shall have a minimum six-foot width.
(C) Pedestrian walkways that are designed to provide access to bicycles shall have a
minimum width of eight feet, with two feet of clear space on either side.
Figure 1: Illustrative Sidewalk Section and Description of Zones
Mixed-Use Frontage Residential Frontage
*NOT YET APPROVED*
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Table 1: Allowed features by sidewalk zone
Frontage Sidewalk Street
Building
Setback
Frontage
Area
Pedestrian
Clear Zone Landscape/Furniture Zone Vehicles/Bike
Lanes
Mixed-Use
• Sidewalk Dining
• Outdoor Displays
• Public Art
• Seating
• Trees/Planting
Residential
• Stoops
• Porches
• Front Yards
• Trees/Planting
• Sidewalk
• Street Trees/Planting
• Street Lighting
• Seating
• Bike Parking
• Public Art
• Outdoor Dining
• Bus Shelters
• Utilities (e.g., hydrants)
• Street
Parking
• Bike Lanes
• Drop-off
Zones
• Parklets
• Bus Stops
(2) Street Trees
Sidewalks shall include at least one street tree, within six feet of the sidewalk, for every
30 feet of linear feet of sidewalk length. Rights of way under control of the County of
Santa Clara or State of California, supersede this requirement if they have conflicting
regulations.
(3) Accent Paving
On University and California Avenues, new construction projects shall install accent
paving along the project frontage(s) (e.g., at intersections, sidewalks and/or other
publicly-accessible areas), as indicated in the table below.
Table 2: Accent Paving
Street Segment Paving Material
University Avenue from Alma Street to
Webster Street
Brick at corners
Brick trim at mid-block
California Avenue from El Camino Real to
Park Boulevard
Decorative Glass throughout sidewalk
(4) Mobility Infrastructure
(A) Where provided or required, Mmicromobility infrastructure, such as locations to
lock bicycles and scooters, shall be located within 30 feet of the primary building
entry and/or a path leading to the primary building entry. This standard may be
satisfied by existing infrastructure already located within 50 feet of the project site
and located in the public right-of-way.
(B) Primary building entries shall provide at least one exterior seating area or bench
within 30 feet of building entry and/or path leading to building entry. This standard
may be satisfied by existing seating area or benches located in public right-of-way
within 50 feet of the building entry. On arterials—except Downtown—seating areas
*NOT YET APPROVED*
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or benches shall not be located between the sidewalk and curb. Arterial roadways
are identified in Map T-5 of the Comprehensive Plan and do not include residential
arterials.
18.24.030 Site Access
(a) Contextual Design Criteria
To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to
safely and efficiently access and circulate both within individual sites and in the site’s
surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both
within a project and to adjacent sidewalks and transit stops. This hierarchy should
prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This
hierarchy may provide separate access for vehicles and other modes, or demonstrate
how all modes are accommodated in shared access points.
(2) Connections to side streets, open spaces, mews, alleys, and paseos
(3) Vehicle, loading and service access that is integrated into building and landscape design
and located to prevent conflicts with pedestrians and cyclists, while also provided
convenient access to building entries.
(4) Shared access agreements among property owners, where feasible, to reduce the
number and widths of curb cuts and driveways.
(b) Objective Design Standards
(1) Through-Lot Connections.
Through lots located more than 300 feet from an intersecting street or pedestrian
walkway shall provide a publicly accessible sidewalk or pedestrian walkway connecting
the two streets.
(2) Building Entries.
Primary Building Entries shall be located from a public right-of-way. or, If there is no
public right-of-way adjacent to the building, if not possible, entries shall be located from
a private street or publicly accessible Pedestrian Walkway.
(3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets when they abut the property
where available.
(B) Except for driveway access and short-term loading spaces, off-street parking, off-
street vehicle loading, and vehicular circulation areas are prohibited between the
building and the primary building frontage.
(4) Loading Docks and Service Areas.
Loading and service areas shall be integrated into building and landscape design and
located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades that do not face other
than thea primary building frontage: on alleys, from parking areas, and/or at the
rear or side of building if building includes these frontages. When only primary
building frontage is available, loading docks and service areas shall be recessed a
minimum five feet from the primary façade and shall be screened by a solid fence or
wall or dense landscaping, in accordance with Chapter 18.23.050.
*NOT YET APPROVED*
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(B) Loading dock and service areas located within setback areas shall be screened in
accordance with Chapter 18.23.050 by a solid fence, or wall, or dense landscaping
and separated from pedestrian access to the primary building entry to avoid
impeding pedestrian movement and safety.
18.24.040 Building Orientation and Setbacks
(a) Contextual Design Criteria
To create a coherent and active interface between private development and the public realm
that contributes to the sense of place and structure of the neighborhood and enhances the
public’s experience. Site design that responds to the orientation of adjacent uses and creates
opportunities for landscaping and usable open space. Buildings and site design should meet the
following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and
land uses.
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to
create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and
maintain privacy.
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through
building setbacks that distinguish private and public spaces.
(5) Buildings that provide side and rear setbacks and/or upper story step backs to create a
compatible relationship with abutting lower density residential development.
(6) Landscaped or usable areas that contain a balance between landscape and hardscape.
(7) Optimized building orientation for thermal comfort, shading, daylighting, and natural
ventilation and other forms of passive design.
(b) Objective Design Standards
(1) Treatment of Corner Buildings (less than 40 feet)
Corner buildings less than 40 feet in height and end units of townhouses or other
attached housing products that face the street shall include the following features on
their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a
minimum width of two feet. Examples: Wrap around front porch, bay window.
(2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following
special features:
(A) Street wall shall be located at the minimum front yard setback or build-to line for
a minimum aggregated length of 40 feet in length on both facades meeting at
the corner and shall include one or more of the following building features:
//
*NOT YET APPROVED*
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(i) An entry to ground floor retail or primary building entrance located
within 25 feet of the corner of the building
*NOT YET APPROVED*
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(ii) A different material application and/or fenestration pattern from the rest of
the façade.
(iii) A change in height of at least 4 feet greater or less than the height of the
abutting adjacent primary façade.
(B) An open space with a minimum dimension of 20 feet and minimum area of 450
square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining
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(iii) A residential Common Open Space adjacent to a common interior space and
less than two feet above adjacent sidewalk grade. Fences and railing shall be
a minimum 50% open/transparent.
(3) Primary Building Entry
The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that
meets the following standards:
(i) For residential buildings with fewer than seven units, building entry
forecourts or front porches shall be a minimum area of 36 square feet and
minimum dimension of six feet.
(ii) For commercial buildings or residential buildings with seven or more units,
building entry forecourts or front porches shall be a minimum of 100 square
feet and a minimum width of 8 feet.
(4) Ground Floor Residential Units
(A) The finished floor of ground floor residential units, when adjacent to a public
right-of-way, shall be within the minimum and maximum heights according to
setback distance from back of walk identified in Figure 2. On sites with a cross
slope greater than 2% along a building facade, the average height of the finished
floor and back of walk shall be used. In flood zones, the minimum floor height
shall be defined by the Federal Emergency Management Agency (FEMA) flood
zone elevation.
(B) Ground floor units with a setback greater than 15 feet shall have at minimum an
average of one tree per 40 linear feet of façade located in the building set back.
*NOT YET APPROVED*
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(C) Ground floor residential unit entries shall be setback a minimum of 10 feet from
the back of sidewalk.
(D) Where no minimum building set back is required, all residential units shall be set
back a minimum 5 feet from back of walk.
(E) A minimum of 80% of the ground floor residential units that face a public right-
of-way or publicly accessible path, or open space shall have a unit entry with
direct access to the sidewalk, path, or open space. (Senior units or other deed-
restricted units for special populations are exempt)
Figure 2a: Finished Floor heights for ground floor residential units, calculation.
Formula: 𝑦𝑦 = �−415�(𝑥𝑥)+ 163
where 𝑦𝑦 = ground floor finished floor height, in feet
and 𝑥𝑥 = setback distance from back of walk, in feet
Setback Length Ground Floor Finished Floor
Height (minimum)
5 ft* 4 ft
7.5 ft 3 ft 4 in
10 ft 2 ft 8 in
12.5 ft 2 ft
15 ft 1 ft 4 in
17.5 ft 8 in
20 ft 0 ft (grade)
*Per 18.24.040.(b)(4)(D), ground-floor residential units shall be set back a minimum
5 feet from back of walk.
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//
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*NOT YET APPROVED*
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Figure 2b: Finished Floor range for ground floor residential units.
//
//
//
//
//
//
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*NOT YET APPROVED*
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Example 1: Finished floor height greater than 4 feet above sidewalk grade with
minimum 5 feet setback.
Example 2: Finished floor height in the middle of the range.
*NOT YET APPROVED*
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Example 3: Finished floor height at sidewalk grade.
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a
transition between public and private space. The following standards apply, based on
intended use and exclusive of areas devoted to outdoor seating, front porches, door
swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the
required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in
the required setback area.
(6) Side Year Setback Character
(A) Each detached dwelling unit shall have at least one usable side yard, at least 6
feet wide, between the house and fence or other structure, to provide
outdoor passage between the front and rear yards.
18.24.050 Building Massing
(a) Contextual Design Criteria
To create buildings that are compatible with and enhance the surrounding area through the
consideration of building scale, massing, and bulk. Massing should create a human-scale
environment that is of high aesthetic quality and accommodates a variety of uses and design
features. Building massing should include elements that:
*NOT YET APPROVED*
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(1) Break down large building facades and massing to create a human-scaled building that
enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use
designations
(3) Reinforce the definition and importance of the street
(4) Provide rooflines and massing that emphasize and accentuate significant elements of
the building such as entries, bays, and balconies, and shading elements where
appropriate.
(5) Provide harmonious transitions between abutting properties
(6) Maintain privacy of residential uses through design strategies such as offset windows,
reduced glazing, landscape screening, and site planning that extends setbacks to
residential uses.
(b) Objective Design Standards
(1) Upper Floor Step Backs & Daylight Planes
(A) When the height of the subject building is more than 20 feet above the average
height (i.e., average of low and high roof elevations) of an adjacent building, an
upper floor step back shall start within 2 vertical feet of the height of the adjacent
building. The step back shall be a minimum depth of 6 feet along both the façade on
the primary building frontage and the facing facadefaçade of the adjacent building,
and the step shall occur for a minimum of 70% of each façade length.
(B) Notwithstanding, subsection (a), when abutting adjacent to a single-story building,
the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25
feet above grade at the property line and a 45-degree angle shall be required. No
setback is required unless otherwise required by the zoning district. This daylight
plane is required if all of these criteria are met:
*NOT YET APPROVED*
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(i) The project is not subject to a daylight plane requirement, pursuant to district
regulations in Title 18; and
(ii) The project proposes a building which is more than 20 feet above the average
height (i.e., average of low and high roof elevations) of an adjacent building; and
(iii) The project abuts residential units in the side or rear yard.
(2) Privacy and Transitions to Residential Uses
When a building abuts a residential use at an interior side and/or rear property line , the
building shall break down the abutting facing façade and maintain privacy by meeting all
of the following applicable standards:
(A) Landscape Screening: A landscape screen that includes a row of trees with a
minimum 1 tree per 25 linear feet and continuous shrubbery planting. This
screening plant material shall be a minimum 72 inches (6 feet) in height when
planted. Required trees shall be minimum 24” box size.
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*NOT YET APPROVED*
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(B) Façade Breaks: A minimum façade break of four feet in width, two feet in depth,
and 32 square feet of area for every 36 to 40 feet of façade length.
(C) Maximum Amount of Transparent Windowscy: Within 40 feet of the façade of an
adjacent structurean abutting structure, no more than 15% of the facing façade
area shall be windows or other glazing. Additional windows are allowed in order
to maintain light, if they are fixed and fully obscured.
(D) Windows: Within 30 feet of facing residential windows (except garage or
common space windows) or private open space on an abutting adjacent
residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished
floor; or
(ii) Windows shall have opaque or translucent glazing at or below 5 feet above
finished floor; or
(iii) Windows shall be angled up to 30 degrees (parallel to window) to face away
from abutting the adjacent privacy impacts; and
(iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at
planting; 50% evergreens; and located to align with proposed second floor
windows at maturity
(E) Balconies: Within 30 feet of residential windows (except garage or common
space windows) or private open space on an abutting adjacent residential
building, balconies and decks on the subject site shall be designed to prevent
views:
(i) No sight lines to the adjacent property window or open space are permitted
within 5 feet above theof finished floorbalcony or deck flooring and a 45-
degree angle downward from balcony railing
(ii) Submit section view of proposed balcony/deck and abutting residential
windows and/or private open space
(iii) Provide balcony/deck design measure which may include:
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a. Minimum 85% opaque solid railing
b. Obscure glass railing
c. Barrier with min. 18” horizontal depth from railing (e.g., landscape
planter)
(3) Maximum Façade Length.
For portions of a building facade facing a public street, right-of-way, or publicly
accessible path, any building greater than 25 feet in height and 70 feet in length shall
not have a continuous façade plane greater than 70% of the façade length without an
upper floor modulation, which can include bay windows. Upper floor façade
modulations shall be a minimum 2 feet in depth, which can be a recess or a projection.
(A) Buildings 250 feet in length or greater, which face a public street, right-of-way,
or publicly accessible path, shall have at least one vertical façade break with a
minimum area greater than 400 square feet and a width greater than or equal to
two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or
publicly accessible path, shall have at least one vertical façade break with a
minimum area greater than 64 square feet and a minimum width of 8 feet and
minimum depth of 4 feet.
*NOT YET APPROVED*
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(4) Special Conditions - Railroad Frontages
All parcels with lot lines abutting railroad rights-of-way shall meet the following
standards on the railroad-abutting facade:
(A) A minimum facade break of at least 10 feet in width and six feet in depth for
every 60 feet of façade length.
(B) For portion of a building 20 feet or greater in height, a maximum continuous
façade length shall not exceed 60 feet.
(5) Diversity of Housing Types
(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes,
condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.
18.24.060 Façade Design
(a) Contextual Design Criteria
To create cohesive and well-crafted building facades with human-scaled details that
incorporate textures, colors, and other details that are compatible with and enhance the
surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship
(2) Quality of construction, craftsmanship, and design to create long lasting buildings
(3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use
(4) Fenestration that enhances the architectural character of the building
(5) Defined building entry that is proportional to the building and number of people served
(6) Articulation of the building shall break down the scale of the building via building
modulation, façade articulation, and variation of fenestration and material patterns.
(b) Application
(1) All facades shall meet all the required design standards and guidelines to ensure the
same level of care and integrity throughout the building design.
*NOT YET APPROVED*
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(2) Façade sidewalls located along a zero-lot line where, at time of approval are not visible
from a right-of-way, are exempt.
(3) Façade sidewalls located along a zero-lot line, where at time of approval are visible from
a right-of-way, shall continue color, material, and pattern of the main façade.
(c) Objective Design Standards
(1) Base/Middle/Top
(A) Buildings three stories or taller and on lots wider than 50 feet shall be designed to
differentiate a defined base or ground floor, a middle or body, and a top, cornice, or
parapet cap. Each of these elements shall be distinguished from one another for a
minimum of 80% of the façade length through use of three or more of the following
four techniques:
(i) Variation in building modulation (minimum of one, if option selected)
a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a
minimum dimension of two feet from the primary facade.
b. Upper floor step backs. A horizontal step back of upper-floor façades with a
minimum five-foot step back from the primary façade for a minimum of 80%
of the length of the façade.
*NOT YET APPROVED*
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c. Ground floor step back. A horizontal shift of the ground floor facade with a
minimum depth of two feet for a minimum 80% of the length of the façade.
Ground floor step backs shall not exceed the maximum setback
requirements, where stated.
(ii) Variation in facade articulation (minimum of one, if option selected)
a. Variation in horizontal and/or vertical recesses or projections such as a
pattern of recessed grouping of windows, recessed panels, or bay windows.
The recess or projection shall be a minimum four inches in depth.
*NOT YET APPROVED*
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b. Variation in horizontal and/or vertical projections such as shading and
weather protection devices, decorative architectural details
c. Datum lines that continue the length of the building, such as parapets or
cornices, with a minimum four inches in height or a minimum two inches in
depth and include a change in material;
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(iii) Variation in at least two of the following: fenestration size, proportions, pattern,
and depth or projection.
*NOT YET APPROVED*
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(iv) Variation in two of the following: façade material, material size, texture and
pattern, or color.
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation,
fenestration, and façade articulation to create visual interest and express a variety of
scales through a variety of strategies. All facades shall include a minimum of three of the
following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows
or recessed panels. The recess shall be a minimum four inches in depth.
(ii) Vertical and horizontal projections such as shading and weather protection devices
or decorative architectural details. Projections shall be a minimum four inches in
depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a
minimum four inches in depth, or a minimum two inches in depth and include a
change in material;
(iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a
minimum four inches in depth;
(v) Screening devices such as lattices, louvers, shading devices, or perforated metal
screens;
(vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed
eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the
whole building.
(3) Compatible Rhythm and Pattern
(A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale
of a housing unit and/or individual rooms and spaces. This may be achieved with
building modulation to create vertically oriented facades (height greater than the
width of the façade), façade articulation and fenestration repetitive vertically
*NOT YET APPROVED*
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oriented patterns. Depending on the length of the façade, the following standards
apply:
(i) For continuous facades less than 100 feet in length, the façade shall have
vertically oriented patterns of vertical recesses or projections, façade
articulation, and/or fenestration.
(ii) For continuous facades 100 feet or greater in length, the façade shall include
either:
a. A vertical recess or change in façade plane with a minimum 2 feet deep
vertical shift modulation for a minimum 4 feet in width to establish a vertical
rhythm or a unit between 20 to 50 feet in width; or
b. A vertical recess or projection with a minimum depth of 2 feet that
establishes the vertical rhythm housing units or individual rooms between 10
to 16 feet in width.
*NOT YET APPROVED*
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(B) Residential mixed-use buildings shall express a vertical rhythm and pattern by
meeting at least one of the following standards:
(i) Vertical Patterns and Modulation: Facades shall use vertical patterns of building
modulation, façade articulation, and fenestration.
(ii) Horizontal Patterns and Modulation: Facades that use horizontal articulation and
fenestration patterns shall use a vertical massing strategy with a minimum four
feet wide and two feet deep vertical shift in modulation at least once every 50
feet of façade length.
*NOT YET APPROVED*
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(C) Storefront uses shall express a vertical rhythm not to exceed 30 to 50 feet in width.
(4) Emphasize Building Elements and Massing
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people
served (amount of floor-area or number of units accessed). Building entries
inclusive of doorway and facade plane shall meet the following minimum
dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width
c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width
(ii) Primary building entries (not inclusive of individual residential entries) shall
include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth
of two feet.
(B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4
feet deep by recessing the entry, providing an awning or using a combination of
these methods.
(5) Storefront/Retail Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor-to-floor or shall maintain a 2nd
floor datum line of an abutting building.
(B) Transparency shall include a minimum 60 percent transparent glazing between 2
and 10 feet in height from sidewalk, providing unobstructed views into the
commercial space.
(C) Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches
from finished grade
*NOT YET APPROVED*
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(D) Primary entries shall include weather protection that is a minimum 6 feet wide and 4
feet deep by recessing the entry, providing an awning or using a combination of
these methods.
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and
similar, weather protection elements shall be installed between transom and
display windows. These elements should allow for light to enter the storefront
through the transom windows and allow the weather protection feature to
shade the display window.
(ii) Awnings may be fixed or retractable.
(6) Other Non-residential Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor-to-floor or shall match the 2nd
floor datum line of an abutting building.
(B) Transparency shall include a minimum 50 percent transparent glazing between 4
and 10 feet in height from sidewalk or terrace grade.
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4
feet deep by recessing the entry, providing an awning or using a combination of
these methods.
*NOT YET APPROVED*
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(7) Parking/Loading/Utilities
(A) Entry Size: No more than 25% of the site frontage facing a street should be devoted
to garage openings, carports, surface parking, loading entries, or utilities access (on
sites with less than 100 feet of frontage, no more than 25 feet)
(B) Above grade structured parking levels facing a public right-of-way or publicly
accessible open space/path, with the exception of vehicular alleys, shall be lined
with commercial or habitable uses with a minimum depth of 20 feet.
(C) Partially sub-grade parking shall not have an exposed façade that exceeds five feet
in height above abutting grade at back of sidewalk.
(D) Partially sub-grade parking shall be screened with continuous landscaping and
shrubbery with minimum height of 3 feet and be within 10 feet of the sub-grade
parking.
18.24.070 Residential Entries
(a) Contextual Design Criteria
Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors
(5) resident privacy
(b) Objective Design Standards
(1) Ground Floor Unit Entries: Where ground floor residential unit entries are required, one
or more of the following entry types shall be provided:
(A) Stoop:
(i) Stoops shall provide entry access for a maximum of two units; and
(ii) Stoop heights shall be within 1 step of finished floor height of adjacent unit; and
*NOT YET APPROVED*
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(iii) Stoop entry landings shall be a minimum 5 feet in depth; and
(iv) The maximum stoop height from the back of sidewalk grade shall be 5 feet.
(B) Porch:
(i) Porches shall provide entry access for a maximum of one unit; and
(ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and
(iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a
porch for each unit; and
(iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.
(C) Patio Entry
(i) Patio entries may serve up to two units; and
(ii) Patios shall be large enough so a 5-foot by 5-foot square can fit inside of the
patio for each unit; and
*NOT YET APPROVED*
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(iii) The Patio shall include at least one of the following features to define the
transition between public and private space:
a. A row of shrubs not exceeding 42 inches in height located between the
sidewalk and the patio that assists with defining the edge between public
and private space. Shrubs shall be at least one gallon in size and be planted a
maximum of three feet on center; or
b. A fence not to exceed 36 inches in height located between the sidewalk and
the patio that assists with defining the edge between public and private
space, with a gate or fence opening to provide access to the pedestrian route
between the pedestrian way and the front door; or
c. A metal, wood or stone wall not to exceed 36 inches in height located
between the sidewalk and the patio that assists with defining the edge
between public and private space with a gate or wall opening to provide
access to the pedestrian route between the pedestrian way and the front
door. A minimum 18-inch landscape strip shall be located between the wall
and the abutting pedestrian way and entirely landscaped with ground cover,
shrubs or other landscape living plant material.
(D) Terrace:
(i) A Terrace may serve multiple unit entries; and
(ii) The maximum Terrace height shall be 30 inches above the grade of the back of
the adjacent sidewalk or accessway; and
(iii) Walls, fences and hedges on Terraces shall be a maximum of 42 inches tall and
have a minimum transparency of 40 percent.
*NOT YET APPROVED*
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(E) Frontage Court:
(i) A Frontage Court may serve multiple unit entries; and
(ii) The minimum Frontage Court width along a primary frontage shall be 25 feet;
and
(iii) The maximum Frontage Court width along a primary frontage shall be 50 percent
of the facade length or 80 feet, whichever is less; and
(iv) The minimum Frontage Court depth shall be 25 feet; and
(v) The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1
depth to width.
*NOT YET APPROVED*
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18.24.080 Open Space
(a) Contextual Design Criteria
To ensure that residents and visitors have access to usable open space and common facilities
that provide recreational opportunities, promote a healthy environment, and enhance the
experience of living in Palo Alto. Common and private open spaces should include the following
characteristics:
(1) Be integrated into the site access and building circulation strategy
(2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the
character of place
(4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from
the activities of commercial areas, and balance privacy and noise impacts to neighboring
uses
(6) Promote sustainable practices and opportunities for green infrastructure
(7) Promote community safety through eyes on the street
(b) Objective Design Standards
(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(A) Floor area shall include a clear space with a minimum dimension of a circle with a
six-foot diameter.
(B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane
(E) Notwithstanding subsection (a), ground floor patios shall meet the following
minimum requirements:
(i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least
dimension of which is eight feet for at least 75% of the area
(ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is
six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor
height for ground floor residential standards in section 18.24.040(b)(4)
(2) If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot
diameter.
(C) A minimum of 60% of the area shall be open to the sky and free of permanent
weather protection or encroachments. Trellises and similar open-air features are
permitted.
(D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a
minimum dimension of 40 feet and have a minimum courtyard width to building
height ratio of 1:1.25
*NOT YET APPROVED*
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(E) Include places to sit
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12
inches for ground cover, 20 inches for shrubs, and 36 inches for trees.
18.24.090 Materials
(a) Contextual Design Criteria
To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a
sense of permanence and contribute to the aesthetic quality of the development and to the
urban design fabric of the community.
(b) Objective Design Standards
(1) Façade Materials.
Primary, secondary, and accent materials are allowed or prohibited as in the Residential
and Residential Mixed-use Material List, which may be updated from time to time by
the Director of Planning with a recommendation by the ARB.
//
//
//
//
*NOT YET APPROVED*
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18.24.100 Sustainability and Green Building Design
(a) Contextual Design Criteria
To incorporate sustainability, green building, and environmental considerations into the project
design and construction. Green building design aims for compatibility with the local
environment: to protect, respect and benefit from it. In general, sustainable buildings are
energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high
recycled content materials. The following considerations should be included in site and building
design:
(1) Optimize building orientation for thermal comfort, shading, daylighting, and natural
ventilation, including operable windows
(2) Design landscaping to create comfortable micro-climates and reduce heat island effects
(3) Design landscaping with native species
(4) Maximize onsite stormwater management through landscaping and permeable
pavement
(5) Use sustainable building materials
(6) Design lighting, plumbing and equipment for efficient energy use
(7) Create healthy indoor environments
(8) Use creativity and innovation to build more sustainable environments. One example is
establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of
project open space requirements
(b) Objective Design Standards
See Chapter 16.14: California Green Building Standards additional requirements for green
building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may
not be modified through alternative compliance.
SECTION 2. 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.
SECTION 3. The Council finds that this Ordinance represents the implementation of adopted
plans and policy. Therefore, the Ordinance are exempt under the California Environmental
Quality Act (CEQA) and/or covered by the CEQA documents prepared for the City of Palo Alto
Comprehensive Plan 2030. The project aims to facilitate implementation of State law. The
project does not propose to increase development beyond what was analyzed in the
Comprehensive Plan.
//
//
*NOT YET APPROVED*
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SECTION 4. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED and PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
_________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_________________________ ____________________________
Assistant City Attorney Director of Planning and
Development Services
*NOT YET ADOPTED*
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18
(Zoning) to Implement Objective Standards, Streamline Processing of Housing
Development Applications, and Otherwise Clarify the Zoning Code.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Subdivisions (a)(102) and (a)(142) of Section 18.04.030 (Definitions) of Chapter
18.04 (Definitions) of Title 18 (Zoning) are amended and a new Subdivision (a)(75.5) is added as
follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings ascribed in
this section.
[. . .]
(73.5) “Housing Development Project” means the a proposed development meeting the
definition set forth in California Government Code section 65589.5, subdivision (g)(2).
[. . .]
(102) “Multiple-family (residential) use” means the use of a site for three or more dwelling
units, which may be in the same building or in separate buildings on the same site. A single-
family or two-family use with one or more Accessory Dwelling Units shall not be considered a
multiple-family use.
[. . .]
(75.5) “Landscape/Open Space Coverage” means permanently maintained open space that
includes all Usable Open Space (see subsection 142), landscape, and other uncovered areas, but
excluding parking facilities, driveways, utility or service areas, or areas with mechanical
equipment.
[. . .]
(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, or
pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service
areas, or areas with mechanical equipment. Usable open space includes common open spaces,
*NOT YET ADOPTED*
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such as courtyards and park spaces, and/or private open spaces, such as balconies and patios,
depending on the requirements of the zoning district.
Usable open space may be covered if at least 50% open on the sides. Usable open space shall
be sited and designed to accommodate all groups including children, seniors, and other adults,
different activities including active and passive recreation and uses, and should be located
convenient to the intended users (e.g., residents, employees, or public). Any usable open space
that is not landscaped shall be developed to encourage outdoor recreational use and shall
include elements such as decks, seating, decorative paved areas and walkways which do not
serve as an entrance walkway. Usable open space shall be screened from utility or service
areas, and areas with mechanical equipment. Parking, driveways and required parking lot
landscaping shall not be counted as usable open space.
SECTION 2. Section 18.08.030 (References to Districts) of Chapter 18.08 (Designation and
Establishment of Districts) of Title 18 (Zoning) is amended as follows:
18.08.030 References to Districts
Reference within this title to residential districts generally and as a grouping, includes all
districts identified in this section. Where references are made to more restrictive or less
restrictive residential districts, such references shall apply sequentially between the most
restrictive and the least restrictive.
Residential District Restrictive Reference
RE Most Restrictive
Least Restrictive
R-1 (20,000)
R-1 10,000)
R-1 (8,000)
R-1 (7,000)
R-1
R-2
RMD
RM-20
RM-30
RM-40
SECTION 3. Subsections (a), (b), (e), (f), (g), and (h) of Section 18.13.040 (Development
Standards) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts)
of Title 18 (Zoning) are amended as follows:
*NOT YET ADOPTED*
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18.13.040 Development Standards
(a) Site Specifications, Building Size and Bulk, and Residential Density
The site development regulations in Table 2 shall apply in the multiple-family residence
districts, provided that more restrictive regulations may be recommended by the Architectural
Review Board and approved by the Director of Planning and Development Services, pursuant to
the regulations set forth in Chapter 18.76, performance criteria set forth in Chapter 18.23, and
the context-based objective design criteria standards set forth in Section 18.13.060Chapter
18.24.
Table 2
Multiple Family Residential Development Table
RM-20 RM-30 RM-40 Subject to
regulations
in:
[…]
Minimum Setbacks
[…]
18.13.040(b) Interior Rear Yards (ft)3 10 10 10
[…]
Minimum Site Landscape/Open Space
Coverage(5) (percent)
35 30 20 18.13.040(e)
18.24.040
18.13.040(e)
18.24.040
18.13.06018.2
4.040
Minimum Usable Open Space (sf per
unit)(5)
150 150 150
Minimum common open space (sf per
unit)
75 75 75
Minimum private open space (sf per
unit)
50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23
Landscape Requirements 18.40.130
Parking(6) See provisions of Chapters 18.52
and 18.54
Ch. 18.52
Footnotes:
[…]
(5) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum site
landscape/open space coverage; required usable open space in excess of the minimum required for common
and private open space may be used as either common or private usable open space; landscaping may count
towards total site landscape/open space coverage after usable open space requirements are met.
(6) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem
are intended for use by the same residential unit. For projects with more than four (4) units, not more than 25%
of the required parking spaces shall be in a tandem configuration.
[…]
*NOT YET ADOPTED*
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(b) Setbacks, Daylight Planes and Height - Additional Requirements and Exceptions
(1) Setbacks
(A) Setbacks for lot lines adjacent to an arterial street, expressway or
freeway, as designated in the Palo Alto Comprehensive Plan, shall be a minimum of
twenty-five feet (25'), except that lesser setbacks may be allowed or required by the
Planning Director, upon recommendation by the Architectural Review Board, where
prescribed by the context-based criteria outlined in Section 18.13.060. Special
setbacks of greater than 25 feet may not be reduced except upon approval of a
design enhancement exception or variance.
(A)
(A)(B) Required parking spaces shall not be located in a required front yard,
nor in the first ten feet (10') adjoining the street property line of a required
street side yard.
(B)(C) Projections into yards are permitted only to the extent allowed by
Section 18.40.070 of this code.
(2) Height and Daylight Planes
(A) Exceptions to maximum height limitations are permitted only to the
extent allowed by Section 18.40.090 of this code.
(B) The following features may extend beyond the daylight plane
established by the applicable district, provided that such features do not exceed
the height limit for the district unless permitted to by Section 18.40.090 of this
code:
i. Television and radio antennas;
ii. Chimneys and flues that do not exceed 5 feet in width, provided that
chimneys do not extend past the required daylight plane a distance exceeding the
minimum allowed pursuant to Chapter 16.04 of this code.
iii. Cornices and eaves, excluding flat or continuous walls or enclosures of
usable interior space, provided such features do not extend past the daylight
plane more than 4 feet, and so long as they do not encroach into the side setback
greater than 2 feet.
[. . .]
(e) Usable Open Space
The following usable open space regulations shall apply:
(1) Required Minimum Site Open Space. Each site shall, at a minimum, have a portion of the
site, as prescribed in Table 2, developed into permanently maintained open space. Site open
space includes all usable open space plus landscape or other uncovered areas not used for
driveways, parking, or walkways.
(2) Usable Open Space (Private and Common). Each project shall, at a minimum, have a
portion of the site, as prescribed in Table 2, developed into permanently maintained usable
open space, including private and common usable open space areas. Usable open space shall
be located protected from the activities of commercial areas and adjacent public streets and
*NOT YET ADOPTED*
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shall provide noise buffering from surrounding uses where feasible.
(A) Private Usable Open Space. Each dwelling unit shall have at least one private usable
open space area contiguous to the unit that allows the occupants of the unit the personal
use of the outdoor space. The minimum size of such areas shall be as follows:
(i) Balconies (above ground level): 50 square feet, the least dimension of which shall is
6 feet.
(ii) Patios or yards in the RM-20 and RM-30 districts: 100 square feet, the least
dimension of which is 8 feet for at least 75% of the area. ara.
(iii) Patios or yards in the RM-40 district: 80 square feet, the least dimension of which is
6 feet for at least 75% of the area.
(B) Common Usable Open Space. The minimum designated common open space area on
the site shall be 10 feet wide and each
such designated area shall comprise a minimum of 200 square feet. In the RM-30 and RM-40
districts, part or all of the required private usable open space areas may be added to the
required common usable open space in a development, for purposes of improved design,
privacy, protection and increased play area for children, upon a recommendation of the
Architectural Review Board and approval of the Director.
(f) Personal Services, Retail Services, and Eating and Drinking Services in the RM-30 and
RM-40 Districts
Within a single residential development containing not less than 40 dwelling units,
personal services, retail services, and eating and drinking services solely of a neighborhood-
serving nature to residents in the development or in the general vicinity of the project may
be allowed upon approval of a conditional use permit, subject to the following limitations
and to such additional conditions as may be established by the conditional use permit:
(1) Total gross floor area of all such uses shall not exceed 5,000 square feet or
three percent of the gross residential floor area within the development, whichever is
smaller, and may not occupy any level other than the ground level or below grade
levels.
(2) A maximum of 2,500 square feet of retail and/or service and/or eating and
drinking uses shall be allowed per establishment.
(3) Personal services, retail services, and eating and drinking services provided in
accordance with this section shall not be included in the gross floor area for the site.
(4) The conditional use permit for the project may preclude certain uses and
shall include conditions that are appropriate to limit impacts of noise, lighting, odors,
parking and trash disposal from the operation of the commercial establishment. The
hours of operation shall be limited to assure compatibility with the residential use and
surrounding residential uses.
(5) Allowable Neighborhood-Serving Uses. A neighborhood-serving use primarily
serves individual consumers and households, not businesses, is generally pedestrian
oriented in design, and does not generate noise, fumes or truck traffic greater than that
typically expected for uses with a local customer base. A neighborhood-serving use is
also one to which a significant number of local customers and clients can walk, bicycle or
travel short distances, rather than relying primarily on automobile access or the provider
*NOT YET ADOPTED*
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of the goods or services traveling off-site. Allowable neighborhood-serving personal
services, retail services and eating and drinking services may include, but are not limited
to, "agent" dry cleaners, flower shops, convenience grocery stores (excluding liquor
stores), delicatessens, cafes, fitness facilities, day care facilities, and similar uses found
by the Planning Director to be compatible with the intent of this provision.
(6) Sign programs, including size, number, color, placement, etc. shall be permitted
only as specified in the conditional use permit and by the Planning Director upon
recommendation of the Architectural Review Board
(7) Off-street parking and bicycle facilities, in addition to facilities required for
residential uses, shall be provided as may be specified by the conditional use permit.
However, there shall not be less than one parking space for each employee working or
expected to be working at the same time.
(8)(6)For any project, other than a 100% affordable housing project, containing forty
(40) or greater units and located more than 500 feet from neighborhood commercial
services, as determined by the Director, a minimum of 1,500 square feet of
neighborhood serving retail, personal service, and/or eating or drinking uses shall be
provided, subject to the above limitations. No conditional use permit is required, but the
commercial use shall be reviewed by the Architectural Review Board as part of the
architectural review approval. A minimum of one parking space for each employee
working or expected to be working at the same time shall be provided. A "100%
affordable housing project" as used herein means a multiple-family housing project
consisting entirely of affordable units, as defined in Section 16.65.020 of this code,
available only to households with income levels at or below 120% of the area median
income for Santa Clara County, as defined in Chapter 16.65, and where the average
household income does not exceed 80% of the area median income level, except for a
building manager's unit.
(g) Redevelopment of Sites with Non-complying Density
For a parcel with a residential use that exceeds the maximum unit density of the
applicable zoning district, the Director may grant an exception to the maximum unit density
standard and allow the parcel to be redeveloped to replace the legally established
residential units at the existing density, subject to all of the following:
(1) The applicant must make the request for exception under this provision at
the time of project application;
(2) The project is a residential rental project;
(3) The project complies with all other applicable development standards; and
(4) The project shall not be eligible for a density bonus under Chapter 18.15
(Residential Density Bonus). The applicant must elect whether to utilize state density
bonus law or the exception described herein as an alternative to state density bonus
law.
(h) General Standards, Exceptions, and Performance Criteria
In addition to all other provisions of this chapter, all multi-family development shall comply
with applicable provisions of Chapter 18.2340 (Performance Criteria for Multiple Family,
*NOT YET ADOPTED*
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Commercial, Manufacturing and Planned Community Districts (General Standards and
Exceptions).
SECTION 4. Subsection (c) of Section 18.13.050 (Village Residential Development) of Chapter
18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is
amended and Subsection (f) is added as follows:
18.13.050 Village Residential Development
[. . .]
(c) Development Standards
Table 3 specifies the development standards for new Village Residential developments that
provide for individual lots established for sale of one housing unit on a lot. These
developments shall be designed and constructed in compliance with the following
requirements and the objective design standards in Chapter 18.24context-based design
criteria outlined in Section 18.13.060, provided that more restrictive regulations may be
recommended by the architectural review board and approved by the director of planning
and community environment, pursuant to Section 18.76.020:
Table 3
Village Residential Development Table
Village Residential Subject to regulations in:
[…]
Minimum Site Landscape/
Open Space Coverage (4)
35% of entire site18.13.040 18.13.040(e)
18.24.040
18.13.040(e)
18.24.040
18.13.06018.24.040
Minimum Usable Open
Space (per unit) (3)(4)
300 sq. ft.
Minimum Common Open
Space (per unit)
No requirement
Minimum Private Open Space
(per unit)
100 sq. ft.
Performance Criteria Ch. 18.23
Landscape Requirements 18.40.130
Parking (5) See provisions of Chapter
18.52 and 18.54
Ch. 18.52 and 18.54
Footnotes:
(1) Individual lots are created by subdividing the development site to create one for-sale lot per dwelling unit.
Overall development intensity (FAR, site coverage, landscape/open space) shall be calculated across the entire
site to comply with RM-20 zone standards, and setbacks and daylight planes at the perimeter of the site shall
comply with RM-20 setbacks and daylight planes. For common-ownership developments such as
condominiums and apartments, the underlying multiple-family zone district development standards shall
*NOT YET ADOPTED*
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apply.
(2) Covered parking that is attached to the residence shall be included in the maximum house size.
(3) Covered parking is not included as floor area in multi-family development, up to a maximum of 230 square
feet per required parking space that is covered. Covered parking spaces in excess of required parking spaces
count as floor area.
(4) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum
site landscape/open space coverage; required usable open space in excess of the minimum required for
common and private open space may be used as either common or private usable open space; landscaping
may count towards total site landscape/open space coverage after usable open space requirements are met.
(5) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem
are intended for use by the same residential unit. For projects with more than four (4) units, not more than
25% of the required parking spaces shall be in a tandem configuration.
[. . .]
SECTION 5. Section 18.13.055 (General Standards, Exceptions, and Performance Criteria) of
Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18
(Zoning) is added as follows:
18.13.055 General Standards, Exceptions, and Performance Criteria
In addition to all other provisions of this chapter, all multi-family development shall comply
with applicable provisions of Chapter 18.40 General Standards and Exceptions).
SECTION 6. Section 18.13.060 (Multiple Family Context-Based Design Criteria) of Chapter 18.13
(Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is
amended to read as follows:
18.13.060 Multiple Family Context-Based Design Criteria and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development
Projects in the RM districts shall comply with the objective design standards outlined in Chapter
18.24, as defined therein. All other developments, and Housing Development Projects that
elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the
Context Based Design Criteria, as determined by the Director pursuant to the Architectural
Review process.
(a) Contextual and Compatibility Criteria
Development in a multiple-family residential district shall be responsible to its context and
compatible with adjacent development.
[. . .]
SECTION 7. Subsections (a), (b), (f), (i) and (k) of Section 18.16.060 (Development Standards) of
Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts)
of Title 18 (Zoning) are amended as follows:
*NOT YET ADOPTED*
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18.16.060 Development Standards
(a) Exclusively Non-Residential Uses
Table 3 specifies the development standards for exclusively non-residential uses and
alterations to non-residential uses or structures in the CN, CC, CC(2) and CS districts. These
developments shall be designed and constructed in compliance with the following
requirements and the context-based design criteria outlined in Section 18.16.090, provided
that more restrictive regulations may be recommended by the architectural review board
and approved by the director of planning and community environment, pursuant to Section
18.76.020.
[…]
(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use developments
and residential developments. These developments shall be designed and constructed in
compliance with the following requirements and the objective design standards in Chapter
18.24. Non-Housing Development Projects and Housing Development Projects that elect to
deviate from one or more objective standards in Chapter 18.24 shall meet the context-based
design criteria outlined in Section 18.16.090, provided that more restrictive regulations may be
recommended by the architectural review board and approved by the director of planning and
community environment, pursuant to Section 18.76.020.
Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to
regulations in:
[…]
Minimum
Landscape/Open Space
Coverage
35% 30% 20% 30%
Usable Open Space
(Private and/or Common)
150 sq ft per unit (2) 18.16.090
[…]
[. . .]
(i) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor
area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures
for the storage of recyclable materials in appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject to approval by the architectural
review board, in accordance with design guidelines adopted by that board and approved by the
*NOT YET ADOPTED*
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city council pursuant to Section 18.76.020.
[. . .]
SECTION 8. Section 18.16.080 (Performance Standards) of Chapter 18.16 (Neighborhood,
Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended
as follows:
18.16.080 General Standards, Exceptions, and Performance Standards
In addition to the standards for development prescribed above, all development in the CN, CS,
CC, and CC(2) districts shall comply with the performance criteria, general standards, and
exceptions outlined in Chapter 18.2340 of the Zoning Ordinance. All mixed use development
shall also comply with the applicable provisions of Chapter 18.2340 of the Zoning Ordinance.
SECTION 9. Section 18.16.090 (Context-Based Design Criteria) of Chapter 18.16 (Neighborhood,
Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended
to read as follows:
18.16.090 Context-Based Design Criteria and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development
Projects in the CN, CS, CC, and CC(2) districts shall comply with the objective design standards
outlined in Chapter 18.24, as defined therein. All other developments, and all Housing
Development Projects that elect to deviate from one or more objective design standards in
Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director
pursuant to the Architectural Review process.
(a) Contextual and Compatibility Criteria
Development in a commercial district shall be responsible to its context and compatible with
adjacent development, and shall promote the establishment of pedestrian oriented design.
[. . .]
SECTION 10. Subsections (a), (b), and (k) of Section 18.18.060 (Development Standards) of
Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) are amended as
follows:
18.18.060 Development Standards
(a) Exclusively Non-Residential Use
Table 2 specifies the development standards for new exclusively non-residential uses and
alterations to non-residential uses or structures in the CD district, including the CD-C, CD-S,
and CD-N subdistricts. These developments shall be designed and constructed in
*NOT YET ADOPTED*
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compliance with the following requirements and the context-based design criteria outlined
in Section 18.18.110, provided that more restrictive regulations may be recommended by
the architectural review board and approved by the director of planning and community
environment, pursuant to Section 18.76.020:
[. . .]
(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments
and residential developments. These developments Housing Development Projects shall be
designed and constructed in compliance with the following requirements and the objective
design standards in Chapter 18.24. Non-Housing Development Projects and Housing Development
Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet
context-based design criteria outlines in Section 18.18.110, provided that more restrictive
regulations may be recommended by the architectural review board and approved by the
director of planning and community environment, pursuant to Section 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD-C
CD-S
CD-N
Subject to regulations in
Section:
[…]
Usable Open
Space (Private
and/or Common)
150 sq ft per unit (1) 18.18.110
[…]
[. . .]
(k) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor
area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures
for the storage of recyclable materials in appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject to approval by the architectural
review board, in accordance with design guidelines adopted by that board and approved by the
city council pursuant to Section 16.48.070.
[. . .]
SECTION 11. Subsection (b) (Restrictions on Floor Area Bonuses) of Section 18.18.070 (Floor
Area Bonuses) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is
amended as follows:
*NOT YET ADOPTED*
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18.18.070 Floor Area Bonuses
[. . .]
(a) Restrictions on Floor Area Bonuses
The floor area bonuses in subsection (a) shall be subject to the following restrictions:
(1) All bonus square footage shall be counted as square footage for the purposes of
the 350,000annual square foot limit on office development specified in Section
18.40.210.18.18.040.
(2) All bonus square footage shall be counted as square footage for the purposes
of the project size limit specified in Section 18.18.060(a).
(3) In no event shall a building expand beyond a FAR of 3.0:1 in the CD-C
subdistrict or a FAR of 2.0:1 in the CD-S or CD-N subdistrict.
(4) The bonus shall be allowed on a site only once.
(5) For sites in Seismic Category I, II, or III, seismic rehabilitation shall conform to
the analysis standards referenced in Chapter 16.42
of this code.
(6) For sites in Historic Category 1 or 2, historic rehabilitation shall conform to the
Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings (36 CFR §67,7).
(7) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, no
bonus shall be granted unless the project includes both seismic and historic
rehabilitation conforming to the standards in subsections (5) and (6).
(8) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, a
bonus granted under this section that will be used on- site is subject to the following
requirements:
(A) The city council must approve on-site use of such a FAR bonus. Such
approval is discretionary, and may be granted only upon making both of the
following findings:
(i) The exterior modifications for the entire project comply with the U.S.
Secretary of the Interior’s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings (36 CFR §67,7); and
(ii) The on-site use of the FAR bonus would not otherwise be inconsistent
with the historic character of the interior and exterior of the building and site.
(B) The applicant for on-site use of a cumulative floor area bonus shall
have the burden of demonstrating the facts necessary to support the findings
required for council approval.
[. . .]
SECTION 12. Subsection (f) (Limitations On Usage of Transferable Development Rights) of
Section 18.18.080 (Transfer of Development Rights) of Chapter 18.18 (Downtown Commercial
(CD) District) of Title 18 (Zoning) is amended as follows:
*NOT YET ADOPTED*
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18.18.080 Transfer of Development Rights
[. . .]
(d) Limitations On Usage of Transferable Development Rights
No otherwise eligible receiver site shall be allowed to utilize transferable
development rights under this chapter to the extent such transfer would:
(1) Be outside the boundaries of the downtown parking assessment district,
result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be
permitted for that site under Section 18.18.060, whichever is greater, or result in total
additional floor area of more than 10,000 square feet.
(2) Be within the boundaries of the downtown parking assessment district, result
in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be
permitted for that site under Section 18.18.060, whichever is greater, or result in total
additional floor area of more than 10,000 square feet.
(3) Cause the annual development office limitation or project size limitation set
forth in Section 18.18.04018.40.210 to be exceeded.
(4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in
the CD-S or CD-N subdistricts.
[. . .]
SECTION 13. Section 18.18.100 (Performance Standards) of Chapter 18.18 (Downtown
Commercial (CD) District) of Title 18 (Zoning) is amended as follows:
18.18.100 General Standards, Exceptions, and Performance Standards
In addition to the standards for development prescribed above, all development shall comply
with the performance criteria, general standards, and exceptions outlined in Chapter 18.2340
of the Zoning Ordinance. All mixed use development shall also comply with the applicable
provisions of Chapter 18.2340 of the Zoning Ordinance.
SECTION 14. Section 18.18.110 (Context-Based Design Criteria) of Chapter 18.18 (Downtown
Commercial (CD) District) of Title 18 (Zoning) is amended to read as follows:
18.18.110 Context-Based Design Criterial and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development
Projects in the CD districts shall comply with the objective design standards outlined in Chapter
18.24, as defined therein. All other developments, and Housing Development Projects that
elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the
Context Based Design Criteria, as determined by the Director pursuant to the Architectural
Review process.
*NOT YET ADOPTED*
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(a) Contextual and Compatibility Criteria
Development in a commercial district shall be responsible to its context and compatible with
adjacent development, and shall promote the establishment of pedestrian oriented design.
[. . .]
SECTION 15. Subsections (a), (i), and (j) of Section 18.20.040 (Site Development Standards) of
Chapter 18.20 (Office, Research, And Manufacturing (MOR, ROLM, RP And GM) Districts) of
Title 18 (Zoning) are amended as follows:
18.20.040 Site Development Standards
[. . .]
(i) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor
area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures
for the storage of recyclable materials in appropriate containers. The design, construction and
accessibility of recycling areas and enclosures shall be subject to approval by the architectural
review board, in accordance with design guidelines adopted by that board and approved by the
city council pursuant to Chapter 18.76.
[. . .]
SECTION 16. Section 18.20.050 (Performance Criteria) of Chapter 18.20 (Office, Research, And
Manufacturing (MOR, ROLM, RP And GM) Districts) of Title 18 (Zoning) is amended as follows:
18.20.050 General Standards, Exceptions, and Performance Criteria
All development in the Office/Research/Manufacturing zoning districts shall comply with
the applicable requirements and guidelines outlined in Chapter 18.2340, including
performance criteria. Such requirements and guidelines are intended to reduce the impacts
of these non-residential uses on surrounding residential districts and other sensitive
receptors.
SECTION 17. Section 18.23.010 (Purpose and Applicability) of Chapter 18.23 (Performance
Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of
Title 18 (Zoning) is deleted in its entirety.
SECTION 18. Section 18.23.020 (Refuse Disposal Areas) of Chapter 18.23 (Performance Criteria
for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18
(Zoning) is deleted in its entirety and a new Section 18.40.240 (Refuse Disposal Areas) of
Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:
*NOT YET ADOPTED*
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18.40.240 Refuse Disposal Areas
(a) Purpose
Assure that development provides adequate and accessible interior areas or covered
exterior enclosures for the storage of refuse in appropriate containers with storage
capacity for a maximum of one week, and that refuse disposal structures and enclosures are
located as far from abutting residences as is reasonably possible. The following requirements
apply to new construction, change of use, additional uses, and/or renovating thirty (30) percent
or more existing floor area.
(b) Requirements
(1) Location and Capacity
(A) Capacity shall meet or exceed standards pursuant to Chapter 5.20: Collection,
Removal, and Disposal of Refuse and current refuse enclosure regulations identified
in the “City of Palo Alto Refuse Enclosure Area Guidelines for New Construction and
Redevelopment Projects” and the “Refuse Enclosure Design Guide” maintained by
the Public Works Department.
(B) Refuse disposal and structures and enclosures shall be accessible to all residents
or users of the property.
(C) Mixed use development shall have separate enclosures for each use
classification (example: residential and commercial)
(D) Compostable materials and recyclable materials facilities containers shall be
located adjacent to solid waste containers, sized, and designed to encourage and
facilitate convenient use.
(E) Refuse enclosures shall be no closer than 20 feet from any dwelling unit
(including those on abutting properties). No minimum distance from dwellings is
required if containers are located within a fully enclosed utility room.
(F) Individual refuse containers may be used to serve residential projects with one
or two dwelling units. Shared containers shall service residential projects with three
or more units, unless otherwise approved by the Public Works Director or any
designee.
(2) Screening and Enclosures
(A) Enclosures shall be design pursuant to the current refuse enclosure regulations
found in the “City of Refuse Enclosure Area Guidelines for New Construction and
Redevelopment Projects” and “Refuse Enclosure Design Guide” standards
maintained by the Public Works Department.
(B) Refuse disposal areas shall be screened from public view by masonry, wood,
or other opaque and durable material, and shall be enclosed and or located
within a building or covered enclosure.
(C) Enclosures shall have a roof, walls, and be at least 6 feet tall. Enclosures shall
include wheel stops or curbs to prevent dumpsters from damaging enclosure walls.
(D) Gates or other controlled access shall be provided where feasible.
(E) Chain link enclosures are strongly discouraged prohibited.
*NOT YET ADOPTED*
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(F) Refuse disposal structures and enclosures shall be architecturally compatible
with the design of the project.
(G) Notwithstanding, subsections ii and iii above, in lower density residential districts
(RE, R-1, R-2, and RMD), containers may be stored under extended eaves at least 3
feet deep, without full enclosures.
(H) The design, construction and accessibility of refuse disposal areas and
enclosures shall be subject to approval by the Architectural Review Board, in
accordance with design guidelines adopted by that Board and approved by the Council
pursuant to Section 18.76.020.
SECTION 19. Section 18.23.030 (Lighting) of Chapter 18.23 (Performance Criteria for Multiple
Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is
deleted in its entirety and a new Section 18.40.250 (Lighting) of Chapter 18.40 (General
Standards and Exceptions) of Title 18 (Zoning) is added as follows:
18.40.250 Lighting
(a) Purpose:
Exterior lighting of parking areas, pathways, and common open spaces, including fixtures
on building facades and free-standing lighting should aim to:
(1) Minimize the visual impacts of lighting on abutting or nearby residential sites
properties and from adjacent roadways.
(2) Exterior lighting in parking areas, pathways and common open space shall be
designed to achieve the following: Provide for safe and secure access on a site and
adjacent pedestrian routes
(3) Achieve maximum energy efficiency and reduce impacts or visual intrusions
on abutting or nearby properties from spillover and
(4) Complement the architectural design of the project
(b) Guidelines:
(1) Lighting of the building exterior, parking areas and pedestrian ways should be of
the lowest intensity and energy use adequate for its purpose, and be designed to focus
illumination downward to avoid excessive illumination above the light fixture.
(2) Interior lighting shall be designed to minimize nighttime glow visible from and/or
intruding into nearby properties.
(3) Unnecessary continued illumination, such as illuminated signs or back-lit
awnings, should be avoided. Internal illumination of signs, where allowed, should be
limited to letters and graphic elements, with the surrounding background opaque.
Illumination should be by low intensity lamps.
(4) Timing devices and dimmers should be considered used for exterior and interior
lights in order to minimize light glare at night without jeopardizing security of
employees and control lighting levels. At the time of project approval, the project
applicant must should demonstrate how interior and exterior lighting sources will be
reduced after operating hours or when the use of the facility is reduced.
*NOT YET ADOPTED*
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(c) Requirements
(1) The use of high pressure sodium and metal halide are permitted light
sources. Low pressure sodium is not allowed.
(2) Exterior lighting fixtures shall be mounted less than or equal to 15 feet from
grade to top of fixture in low activity or residential parking lots and 20 feet in
medium or high activity parking lots.
(3) Levels of exterior illumination for most uses range from 0.5 to 5 footcandles.
Areas of higher or lower levels of illumination should be indicated on project plans.
(4) Where the light source is visible from outside the property boundaries on an
abutting residential use, such lighting shall not exceed 0.5 foot-candle as measured at
the abutting residential property line.
(5) Interior lighting shall be shielded to eliminate glare and light spillover beyond
the perimeter property line of the development.
(6) Light fixtures shall not be located next to driveways or intersections, which
obstruct be located at least 3 feet from curbs and 10 feet from driveways or intersections,
to avoid obstructing clear sight distance triangles.
(7) Pedestrian and security lighting fixtures shall be fully shielded shall be directed
downward. Architectural lighting that projects upward from the ground as used in
landscaping, courtyards, or building accent should be directed onto the building face
so as not to affect abutting land uses.
(8) Non-residential projects, adjacent to residential zoning districts or residential
uses, shall use timing devices, dimmers, and/or window shades with timers in order to
minimize light glare at night and control lighting levels from exterior and interior lights.
SECTION 20. Section 18.23.040 (Late Night Uses and Activities) of Chapter 18.23 (Performance
Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of
Title 18 (Zoning) is deleted in its entirety and a new Section 18.42.040 (Lighting) of Chapter
18.42 (Standards for Special Uses) of Title 18 (Zoning) is added as follows:
18.42.040 Late Night Uses and Activities
(A) Purpose
The purpose is to restrict retail or service commercial businesses abutting (either directly
or across the street) or within 50 feet of residentially zoned properties or properties with
existing residential uses located within nonresidential zones, with operations or activities
between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include,
but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set
up operations, but does not include garbage pick up.
(B) Requirements
(i) Retail (including restaurants) or service commercial businesses abutting or within
50 feet of residentially zoned properties or properties with existing residential uses
located within nonresidential zones, that are open or with operations or activities between
the hours of 10:00 p.m. and 6:00 a.m. shall be operated in a manner to protect residential
*NOT YET ADOPTED*
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properties from excessive noise, odors, lighting or other nuisances from any sources
during those hours.
(ii) Where planning or building permits are required or for a change in use that results
in any such commercial business in the CN or CS zone districts, operating or with activities
between the hours of 10:00 p.m. and 6:00 a.m., a conditional use permit shall be obtained
and conditions of approval shall be applied as deemed necessary to ensure the operation
is compatible with the abutting (or within 50 feet of) residential property. Said use permit
shall be limited to operations or activities occurring between 10:00 p.m. and 6:00 a.m.
(iii) Truck deliveries shall not occur before 6:00 a.m. or after 10:00 p.m., except
pursuant to the provisions of a conditional use permit.
SECTION 21. Section 18.23.050 (Visual, Screening and Landscaping) of Chapter 18.23
(Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community
Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.260 (Visual
Screening and Landscaping) of Chapter 18.40 (General Standards and Exceptions) of Title 18
(Zoning) is added as follows:
18.40.260 Visual Screening and Landscaping
(a) Purpose
Utilities, mechanical equipment, service areas, and other site fixtures should be:
(1) Integrated into the site planning and architectural design of a project and
surrounding uses
(2) Visually screened from public view and from adjacent properties through
architectural design, landscaping and screening devices
Privacy of abutting residential properties or properties with existing residential uses
located within nonresidential zones (residential properties) should be protected by
screening from public view all mechanical equipment and service areas. Landscaping
should be used to integrate a project design into the surrounding neighborhood, and to
provide privacy screening between properties where appropriate.
(b) Requirements
(1) For non-residential properties abutting residential uses:
(i) A solid wall or fence between five and eight feet in height shall be
constructed and maintained along the residential property line where privacy or
visual impacts are an issue.
(ii) Walls facing residential properties shall incorporate architectural
design features and landscaping in order to reduce apparent mass and bulk.
(iii) Loading docks and exterior storage of materials or equipment shall be
screened from view from residential properties by fencing, walls or
landscape buffers.
(iv) All required interior yards (setbacks) abutting residential properties
shall be planted and maintained as a landscaped screen.
(2) For all project types:
*NOT YET ADOPTED*
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(i) All areas not covered by structures, service yards, walkways, driveways,
and parking spaces shall be landscaped with ground cover, shrubs, and/or trees.
(ii) Rooftop equipment shall be screened by a parapet or enclosure. 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 property or a minimum of 100 feet from the
property line, whichever is closer. Roof vents, flues and other protrusions
through the roof of any building or structure shall be obscured from ground-
level public view (when viewed from the sidewalk on the opposite side of a
street), by a roof screen or proper placement. See Section 18.40.090 (height
limit exceptions) for further restrictions.
(iii) A minimum 10-foot planting and screening strip shall be provided
adjacent to any façade abutting a low density residential district (R-1, R-2, or
RMD) or abutting railroad tracks.
(iv) All exterior mechanical and other types of equipment, whether
installed on the ground or attached to a building roof or walls, shall be
screened obscured from public view, and if visible and feasible when viewed
from the abutting opposite sidewalk.
(v) Windows, balconies or similar openings above the first story should be
offset so as not to have a direct line-of-sight into the interior living areas of
adjacent units within the project or into units on abutting residential property.
(c) Guidelines
(1) For landscape buffers to provide a visual screen, trees and shrubs in the
buffer area shall be installed in a manner that provides maximum visual separation
of residential uses from the commercial or industrial use, taking into consideration
topography and sight lines from residences.
(2) Size and density of plant materials shall be in proportion to the size of
planting areas and the mass of the structure.
(3) Plant material selection shall take into consideration solar orientation,
drought tolerance, maintenance requirements and privacy screening.
(4) Plant material species and container sizes shall allow for a mature
appearance within five years.
(5) Roof vents, flues and other protrusions through the roof of any building or
structure should be clustered where feasible and where visual impacts would
thereby be minimized.
(6) Building elevations facing residential property should not have highly
reflective surfaces, such as reflective metal skin and highly reflective glazing. The
paint colors should be in subdued hues.
(7) Increased setbacks or more restrictive daylight planes may be proposed by
the applicant, or recommended by the architectural review board, as mitigation for
the visual impacts of massive buildings.
(8) Appropriate landscaping should be used to aid in privacy screening.
*NOT YET ADOPTED*
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(9) Planting strips and street trees should be included in the project.
(10) Textured and permeable paving materials should be used, where feasible, in
pedestrian, driveway and parking areas in order to visually reduce paved areas and
to allow for retention and/or infiltration of storm water to reduce pollutants in site
runoff.
(11) Landscaping material associated with screening should have adequate room
to grow and be protected from damage by cars and pedestrian traffic.
(12) Where rooftops are visible from offsite, they should be treated to minimize
aesthetic impacts, including the use of rooftop gardens or other green spaces,
where feasible.
SECTION 22. Section 18.23.060 (Noise and Vibration) of Chapter 18.23 (Performance Criteria
for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18
(Zoning) is renumbered without changes to a new Section 18.42.190 (Noise and Vibration) of
Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning).
SECTION 23. Sections 18.23.070 (Parking) and 18.23.080 (Vehicular, Pedestrian, and Bicycle
Site) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing
and Planned Community Districts) of Title 18 (Zoning) are deleted in their entirety.
SECTION 24. Section 18.23.090 (Air Quality) of Chapter 18.23 (Performance Criteria for
Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18
(Zoning) is renumbered without changes to a new Section 18.40.270 (Air Quality) of Chapter
18.42 (Standards for Special Uses) of Title 18 (Zoning).
SECTION 25. Section 18.23.100 (Hazardous Materials) of Chapter 18.23 (Performance Criteria
for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18
(Zoning) is renumbered without changes to a new Section 18.42.200 (Hazardous Materials) of
Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning).
SECTION 26. Subchapter 18.30(J) (Affordable Housing (AH) Combining District Regulations) of
Chapter 18.30 (Combining Districts) of Title 18 (Zoning) is deleted in its entirety and a new
Section 18.32 (Affordable Housing Bonus Incentive Program) is created to read as follows:
Sections:
18.32.010 Specific Purpose
18.32.020 Applicability of Regulations and Affordable Housing Requirement
18.32.030 Definitions
18.32.040 Zoning Map Designation Reserved
18.32.050 Site Development Review Process
18.32.060 Conformance to Other Combining Districts and Retail Preservation
18.32.070 Permitted Uses
18.32.080 Conditional Uses
18.32.090 Development Standards
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18.32.010 Specific Purpose
The affordable housing combining district incentive program is intended to promote the
development of 100% affordable rental housing projects located within one-half mile of a
major transit stop or one-quarter mile of a high-quality transit corridor, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, by providing flexible
development standards and modifying the uses allowed in the commercial districts and
subdistricts.
18.32.20 Applicability of Regulations and Affordable Housing Requirement
The affordable housing incentive program combining district may be combined with the shall
apply to properties zoned CD, CN, CS, and CC districts, set forth in Chapters 18.16 and 18.18
of this Title, in accord with Chapter 18.08 and Chapter 18.80, but excluding the Town and
Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping
Center. Where so combined, t The regulations established by this chapter shall apply for
100% affordable housing projects in lieu of the uses allowed and development standards
and procedures applied in the underlying district. A property owner may elect to use the
site consistent with the underlying district, in which case the applicable regulations in
Chapters 18.16 and 18.18 for the commercial districts shall apply. The Town and Country
Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center shall
not be considered eligible for the application of the affordable housing combining district.
(a) The affordable housing combining district incentive program provides flexibility in
development standards that allow for a density increase that would in most cases exceed
density bonuses under state law, Government Code Section 65915. Therefore, a project
applicant may utilize the affordable housing combining district incentive program and the
provisions of this chapter as an alternative to use of the state density bonus law
implemented through Chapter 18.15 (Residential Density Bonus) of this Title, but may not
utilize both the affordable housing combining district incentive program and density
bonuses. If an applicant utilizes state density bonus law, the regulations in Chapters 18.16 or
18.18 for the applicable underlying commercial district shall apply.
18.32.030 Definitions
For purposes of this chapter, the following definitions shall apply.
(a) "100% affordable housing project" means a multiple-family housing project consisting
entirely of for-rent affordable units, as defined in Section 16.65.020 of this code, , except for
a building manager's unit, and available only to households with income levels at or below
120% of the area median income for Santa Clara County, as defined in Chapter 16.65.
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18.32.040 Zoning Map Designation Reserved
The affordable housing combining district shall apply to properties designated on the
zoning map by the symbol "AH" within parentheses, following the commercial designation
with which it is combined.
18.32.050 Site Development Review Process
All projects shall be subject to architectural review as provided in Section 18.76.020.
Projects and shall not be subject to the requirements of site and design review in Chapter
18.30(G).
18.32.060 Conformance to Other Combining Districts and Retail Preservation
The following requirements shall apply to projects in the AH affordable housing
combining district incentive program:
(a) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R)
Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P) Combining
District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining District
Regulations), and Pedestrian Shopping (P) Combining Districts shall apply.
(b) Where applicable, the retail preservation requirements of Section 18.40.180 shall
apply except as provided below.
(1) Waivers and adjustments
a. Except in the R or GF combining districts, the City Council shall have the authority to
reduce or waive the amount of retail or retail like gross floor area required in Section
18.40.180 for any 100% affordable housing project if the City Council determines that it
would be in the public interest. Any such reduction or waiver shall not be subject to the
waiver and adjustments requirements in Section 18.40.180(c). In the R and GF combining
districts, any reduction or waiver in retail or retail like gross floor area shall remain subject
to the requirements of Section 18.40.180(c) or the combining district as applicable.
b. The City Council shall have the authority to modify retail parking requirements
associated with a 100% affordable housing project that also requires ground floor retail.
18.32.070 Permitted Uses
The following uses shall be permitted in the AH affordable housing combining district
incentive program:
(a) 100% affordable housing projects;
(b) In conjunction with a 100% affordable housing project, any uses permitted in the
underlying district, provided the uses are limited to the ground floor.
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18.32.080 Conditional Uses
The following uses may be permitted in the AH affordable housing combining district
incentive program in conjunction with an 100% affordable housing project, subject to
issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals),
provided that the uses are limited to the ground floor:
(a) Business or trade school.
(b) Adult day care home.
(c) Office less than 5,000 square feet when deed-restricted for use by a not-for-profit
organization.
(d) All other uses conditionally permitted in the applicable underlying zoning district.
18.32.090 Development Standards
The following development standards shall apply to projects subject to the AH affordable
housing combining district incentive program in lieu of the development standards for the
underlying zoning district, except where noted below:
Table 1
Development Standards
AH Incentive Program Combining District(1)
[…]
Landscape/Open
Space Coverage 20%(2)
[…]
Notes:
(1) These developments shall be designed and constructed in compliance with the objective
design standards in Section 18.24. Developments that elect to deviate from one or more
objective standards in Chapter 18.24 shall meet the performance criteria outlined in Chapter
18.23, as well as the context-based design criteria outlined in Section 18.13.060 for
residential-only projects, Section 18.16.090 for mixed use projects in the CN, CC, and CS
districts, and Section 18.18.110 for mixed use projects in the CD district, provided that more
restrictive regulations may be recommended by the architectural review board and approved
by the director of planning and community environment, pursuant to Section 18.76.020.
(2) Landscape coverage is the total area of the site covered with landscaping as defined in
Chapter 18.04. For the purposes of this Chapter 18.3230(J), areas provided for usable open
space may be counted towards the landscape site coverage requirement. Landscape and
open space areas may be located on or above the ground level, and may include balconies,
terraces, and rooftop gardens.
[…]
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SECTION 27. Section 18.30(K).070 (Development Standards) of Subchapter 18.30(K) (Workforce
Housing (WH) Combining District Regulations) of Chapter 18.30 (Combining Districts) of Title 18
(Zoning) is amended to read as follows:
18.30(K).070 Development Standards
[…]
(b) Housing Development Projects shall be subject to objective design standards in Section
18.24. Non-Housing Development Projects and Housing Development projects that elect to
deviate from one or more objective standards in Chapter 18.24 shall meet the performance
criteria outlined in Chapter 18.23, as well as the context-based design criteria outlined in
Section 18.13.090 for residential projects, provided that more restrictive regulations may be
recommended by the architectural review board and approved by the director, pursuant
to Section 18.76.020.
SECTION 28. 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) is amended as follows:
18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District
Regulations
(a) Properties in the PTOD combining district are subject to the following regulations:
TABLE 2
DEVELOPMENT STANDARDS
Standards1
PTOD - California Avenue
PTOD -
Downtown [Reserved]
[…]
Open Space:
Minimum area required
(Private or Common)
5 or fewer units: 200 sisf. per unit 6 or
more units: 100 s.f. per unit, subject to
Section 18.24.040
Minimum dimensions Private open space: 6 feet Common open
space: 12 feet
[…]
*NOT YET ADOPTED*
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Footnotes:
(1) Non-residential development that is not consistent with the mixed-use limitations set
forth above, with the exception of hotels, must be developed per the underlying zoning
district regulations.
(2) See Section 18.34.040 (e) for Below Market Rate (BMR) bonus provisions.
(3) The residential component of the mixed use may not exceed 1.0:1.
(4) The non-residential component of a mixed use project shall not exceed 50% of the
total square-footage of the project.
[…]
SECTION 29. Section 18.34.050 (Pedestrian and Transit Oriented Development (PTOD)
Combining District Context-Based Design Criteria) of Chapter 18.34 (Pedestrian and Transit
Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) is amended
to read as follows:
18.34.110 Pedestrian and Transit Oriented Development (PTOD) Combining District
Context-Based Design Criteria and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development
Projects in the PTOD combining district shall comply with the objective design standards
outlined in Chapter 18.24, as defined therein. All other developments, and Housing
Development Projects that elect to deviate from one or more objective design standards in
Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director
pursuant to the Architectural Review process.
(a) Contextual and Compatibility Criteria
Development in a pedestrian and transit oriented development combining district shall be
responsive to its context and compatible with adjacent development, and shall promote the
establishment of a pedestrian and transit oriented neighborhood.
[. . .]
SECTION 30. Section 18.40.130 (Landscaping) of Chapter 18.40 (General Standards and
Exceptions) of Title 18 (Zoning) is amended as follows:
18.40.130 Landscaping
(a) Purpose
The purpose of this section is to encourage creative and sustainable landscape design that
enhances structures, open space areas, streetscapes and parking areas. Sustainable
landscape design preserves native plant species to the maximum extent feasible, consumes
less water and provides permeable surfaces for storm water management and
*NOT YET ADOPTED*
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groundwater recharge. Tree shading and appropriate landscape design can contribute to
economic vitality and public health, and can reduce the need for frequent infrastructure
repair.
Landscaping provides recreation areas, cleans the air and water, prevents erosion, offers fire
protection, replaces ecosystems displaced by development, and is water efficient.
(b) General Regulations
In addition to the provisions of this section, all projects shall adhere to the landscape
requirements cited elsewhere in Title 18 (Zoning Ordinance), including but not limited to:
(1) Design Standards - General Parking Facilities (Section 18.54.020).
(2) Design Standards - Landscaping in Parking Facilities and Required Landscape
Areas (Section 18.54.040).
(3) Architectural Review Findings (Section 18.76.020).
(c) Natural Areas (Open Space District, Hillside Lands, Baylands, Creek and Riparian Areas)
Landscaping should retain or enhance native vegetation in hillside, baylands or other
natural open spaces areas or adjacent to such areas. The existing natural vegetation and
land formations should remain in a natural state unless modification is found to be
necessary or appropriate for a specific use allowed through architectural or site design
review.
(1) In the selection of new landscaping, preference shall be given to natural,
indigenous and drought resistant plants and materials. Non-indigenous landscaping
should be limited to the immediate area around a structure or structures.
(2) Site development plans shall, to the maximum extent feasible, provide for the
retention of existing vegetation and land formations, and shall include an erosion and
sediment control element setting forth reasonable mitigation measures in accord with
the grading and subdivision ordinances of the city.
(3) Landscaping shall, to the maximum extent feasible, integrate and
accommodate existing trees and vegetation to be preserved; make use of water-
conserving plants, materials and irrigation systems; and be clustered in natural
appearing groups, as opposed to being placed in rows or regularly spaced.
(4) Colors of roofing materials shall blend with the natural landscape and be
nonreflective. All roof mounted equipment shall be screened in a manner that protects
the viewshed from adjacent properties, including from views from above.
(5) Planting of invasive plant species shall not be permitted and removal of
invasive species may be required as part of landscape plan requirements.
(6) To the maximum extent feasible, existing vegetation shall be retained or
enhanced to maintain contiguous wildlife habitat.
(7) Riparian vegetation shall be retained or enhanced within natural stream
corridors, and best practices for development shall be used to protect riparian habitat
and water quality of adjacent streams.
(d) Low-Density Residential Landscaping Design Standards
(1) In the R-1, R-2, and RMD zones, a minimum of 50% of the required front
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setback area shall be landscaped, subject to the limitations of Section 18.12.040(h).
Planting in the right-of-way shall not count towards fulfillment of the required landscape
area.
(2) Street trees may be required to be planted in the right-of-way frontage of any
residential structure subject to individual review for a new second story or addition to a
second story, or for other discretionary review in the R-1, R-2, or RMD zones.
(3) Trees planted near public bicycle trails or curbs shall be of a species and
installed in a manner that prevents physical damage to sidewalks, curbs, gutters and
other public improvements.
(4) Trees and shrubs shall be planted so that at maturity they do not interfere
with service lines (a minimum of five feet from water lines and ten feet from sanitary
sewer lines) and traffic safety visibility areas.
(5) All proposed light wells and below-grade basements shall be screened to
minimize visibility from public rights-of-way or other public properties.
(e) Special Design and Landscaping Standards for All Zoning Districts
Requirements:
(1) Utilities (e.g., transformer cabinets, pads, fiber optic trenching and above
ground cabinets, large water check valves) and underground utilities shall not be placed
within required landscaped areas, except where they will not preclude appropriate
planting of trees and will be predominantly screened from public view.
(2) All landscaping within multi-family, commercial, and industrial zoning districts
shall be equipped with automatic irrigation systems. Backflow preventers shall be
located in the rear or side yard and screened from public view by landscaping. If backflow
preventers must be located in the front yard for access purposes, they should be located
near the main structure to the maximum extent feasible, and shall be predominantly
screened from public view.
(3) For all development within commercial and industrial zoning districts, lawn
areas shall not exceed 15 percent of the planting area on a property. Required common
areas, active recreation areas, and areas located within the public right-of-way between
the curb and public sidewalk shall not count against such lawn area.
(4) Landscaping within surface parking areas shall include tree plantings designed to result
in 50 percent shading of parking lot surface areas within 15 years.
(4) (5) All required perimeter yards shall be landscaped. The landscaping of these
yards shall, at a minimum, consist of a combination of living vegetation, such as trees,
shrubs, grasses or ground cover materials. The director may, however, allow a
combination of hardscape and landscape to satisfy landscape requirements where the
visual quality and screening functions of the hardscape/landscape area are maintained.
Landscape buffering and screening shall be designed to create compatible relationships
of scale and appearance with neighboring properties.
(5) (6) Plant material shall be maintained in a healthy, disease-free, growing
condition at all times. All required planting areas shall be maintained free of weeds,
debris, and litter. The planning director may specify conditions of approval to assure that
dead or diseased plantings are replaced in a timely manner and with adequate
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replacement plantings.
(f) Guidelines:
(1) Rooftop gardens, edible gardens, and other sustainable agricultural
landscaping alternatives are encouraged for multi-family, commercial, industrial, and
multi-family developments. See supplementary standards in Chapter 18.40.230:
Rooftop Gardens. Rooftop gardens are particularly encouraged where the rooftop is highly
visible from neighboring properties.
(2) Structural soils, as specified by the director of planning and community
environment, shall be preferred where planting in compacted soil areas, such as parking
lots and sidewalks.
(3) Landscape swales, permeable pervious paving and other landscape features
should be incorporated into site design to the maximum extent feasible to
accommodate filtration of storm water runoff from impervious areas, particularly from
parking lots.
(4) All projects requiring discretionary review within the multi-family,
commercial, or industrial zoning districts should, where feasible, pursuant to Section
16.12: Recycled Water, and include the following:
(a) Incorporation of recycled water usage into the design of landscape and
irrigation systems.
(b) Consideration of plants suitable for irrigation with recycled water.
(c) The installation of the infrastructure necessary to connect the irrigation
system to the city's recycled water supply, if available in the foreseeable future.
(5) The director may allow a combination of hardscape and landscape to satisfy
landscape requirements where permeable surface materials are used and where the
visual quality and screening functions of the hardscape/landscape area are maintained,
as specified in the conditions of approval.
SECTION 31. Subdivision (d) of Section 18.52.040 (Off-Street Parking, Loading and Bicycle
Facility Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning)
is amended as follows:
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
[. . .]
(d) Residential and mixed use structures with fifty (50) or more dwelling units shall provide at
least one (1) on-site, short-term loading space for passenger vehicles, to be used by taxicabs
and similar transportation and delivery services.
SECTION 32. Section 18.54.015 (Definitions) of Chapter 18.54 (Parking Facility Design
Standards) of Title 18 (Zoning) is added as follows:
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18.54.015 Definitions
The definitions provided in Section 18.52.020 shall apply to this Chapter 18.54.
SECTION 33. Subsection (c) of Section 18.54.070 (Parking Tables and Figures) of Chapter 18.54
(Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:
[. . .]
(c) Off-Site Parking
Parking required by this chapter may be provided by off-site parking, provided that such off-
site parking is within 500 feet a reasonable distance of the site using it or, if the site is within an
assessment district, within a reasonable distance of the assessment district boundary and
approved in writing by the director of planning and community environment. The director shall
assure that sufficient covenants and guarantees are provided to ensure use and maintenance of
such parking facilities, including an enforceable agreement that any development occurring on
the site where parking is provided shall not result in a net reduction of parking spaces provided,
considering both the parking previously provided and the parking required by the proposed
use.
[. . .]
SECTION 34. Subdivisions (a) and (b) of Section 18.54.020 (Vehicle Parking Facilities) of Chapter
18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:
18.54.020 Vehicle Parking Facilities
(a) Parking Facility Design
Parking facilities shall be designed in accordance with the following regulations:
(1) Requirements for dimensions of parking facilities at, above, and below grade are
contained in this section and in Figures 1-6 and Tables 3-6 of Section 18.54.070.
(2) Stalls and aisles shall be designed such that columns, walls, or other obstructions do
not interfere with normal vehicle parking maneuvers. All required stall and aisle widths shall
be designed to be clear of such obstructions.
(3) The required stall widths shown in Table 3 of Section 18.54.070 shall be increased
by 0.5 foot for any stall located immediately adjacent to a wall, whether on one or both
sides. The director may require that the required stall widths be increased by 0.5 foot for
any stall located immediately adjacent to a post, where such post limits turning movements
into or out of the stall.
(4) For property owners or tenants seeking to install EVSE, the required stall widths
shown in Table 3 of Section 18.54.070 may be reduced by no more than eighteen inches
below the code required minimum dimensions in order to accommodate EVSE or associated
electrical utility equipment. This reduction may be applied to 10% of the total required
parking stalls, or two stalls, whichever is greater. The director may approve a reduction in
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width for a greater number of stalls through a director’s adjustment pursuant to
Section 18.52.050.
(5) Dead-end aisles shall be avoided to the greatest extent feasible.
(6) Except for at-grade parking facilities serving a maximum of two dwelling units, all
parking facilities shall be set back a sufficient distance from the street so that vehicles need
not back out into or over a public street (not including an alley) or sidewalk.
(7) Surface parking areas shall be located so that garages or carports are not
predominantly facing the street; parking locations behind the building(s) are preferable.
(8) Carport structures shall be architecturally compatible with the main structures in
the project and should utilize substantial support posts. Landscaping material associated
with the carport shall have adequate room to grow and be protected from damage by cars
and pedestrian traffic.
(9) Except for single-family uses, parking should be underground, semi-depressed,
enclosed or concealed for all projects to the extent feasible.
(10) Where feasible, parking shall be broken into smaller groupings of spaces to avoid
large expanses of parking and to provide for more opportunities to intercept and filter
drainage from the parking areas.
(11) Proximity of underground parking garages to residentially zoned properties
should take into consideration the need for landscaping along the perimeter of the site. In
instances where substantial planting is necessary, the placement of parking garages should
be adequately setback from the property line to provide for the landscaping.
(b) Off-Street Parking Stalls
(1) Each off-street parking stall shall consist of a rectangular area not less than eight
and one-half (8.5) feet wide by seventeen and one-half (17.5) feet long (uni-class stall), or as
otherwise prescribed for angled parking by Table 1 in Section 18.54.070.
(2) Garages and carports for single-family and two-family development shall provide
a minimum interior clearance of ten (10) feet wide by twenty (20) feet long for a single car
and a minimum of twenty (20) feet wide by twenty (20) feet long for two cars to allow
sufficient clearance.
(3) Dimensions of parking stalls for parallel parking shall be as follows. The
minimum dimensions of such a stall located adjacent to a wall shall be ten feet wide and
twenty feet long. The minimum dimensions of such a stall located adjacent to a curb with a
minimum two-foot clearance to a wall shall be eight feet wide and twenty feet long. These
required stall widths are in addition to the required width of the access driveway or aisle.
(4) Mechanical lifts may be used to satisfy off-street parking requirements, subject
to approval by the director or city council, as applicable, and in accordance with the
following provisions:
A. The regulations in this section apply to mechanical lifts, elevators and turn-
around devices specified for vehicle use, and other mechanical devices that facilitate
vehicle parking;
B. Mechanical vehicle lifts may be used for multi-family residential, office,
hotel, automotive, industrial or institutional uses. Other uses may use mechanical
vehicle lifts subject to approval from the Director of Planning and Community
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Development and may be required to provide dedicated on-site valet assistance for no
fee to the user.
C. The location of mechanical lifts shall be located within an enclosed parking
facility. All lifts and associated equipment shall be screened from public views and the
screening shall be architecturally compatible with the site conditions;
D. Applicant shall submit an analysis and report, prepared by a qualified
professional, for review and approval by the Director of Planning and Community
Environment that demonstrates the effectiveness of the proposed parking lift system;
operational details; schematic or technical drawings; regular and emergency
maintenance schedule, procedures and backup systems; vehicle queuing, access and
retrieval efficiency; and potential impacts, delays, or inconveniences to all of the
following:
i. site residents, workers, and visitors
ii. pedestrian and bicycle movement and safety on and nearby the site
iii. vehicular movement and safety on and nearby the site
E. Mechanical car lifts shall not be used for accessible parking spaces or
loading spaces;
F. Mechanical car lifts shall accommodate mid-size sport utility vehicles and
full-size cars.
G. For all non-residential uses, a minimum of two spaces or 10% of the total
number of parking spaces provided, whichever is greater, shall be provided as standard
non-mechanical parking spaces. The required accessible spaces shall not be counted as
one of the standard spaces for this requirement;
H. Additional information, reports and analysis may be required and
conditions may be imposed to ensure the use, operation and function of the lift system
is not detrimental to the public welfare, property, land uses and users of the property,
other properties, or the public right of way, in the general vicinity.
I. Lift design must allow for removal of any single vehicle without necessitating
the temporary removal of any other vehicle
J. The Director shall have authority to adopt regulations to implement this provision.
(5) Each off-street motorcycle parking stall shall consist of a rectangular area not less
than five feet wide by ten feet long, as illustrated in Figure 7 of Section 18.54.070.
[. . .]
SECTION 35. Subdivision (c) of Section 18.54.050 (Miscellaneous Design Standards) of Chapter
18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:
18.54.050 Miscellaneous Design Standards
[. . .]
(c) Additional Parking Facility Design Requirements
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(1) Site design shall assure that connections to adjacent existing or planned bicycle
or pedestrian facilities (sidewalks, bike paths or lanes, etc.) allow for ready access for
residents and other users of the site.
(2) The location of driveways, shipping and receiving areas, and loading docks
should be sited as far away from residentially zoned properties or properties with existing
residential uses located within nonresidential zones as is reasonably feasible while
recognizing site constraints and traffic safety issues.
(3) Employee ingress and egress to a site should be located to avoid the use of
residential streets wherever feasible.
(4) Late hour and early morning truck traffic to a site located in or near a residential
area should be discouraged.
(5) Vehicular access points should not conflict with pedestrian and bicycle walkways
and facilities.
(6) Pedestrian and bicycle facilities (sidewalks, bike paths, etc.) should, where
feasible, be provided through sites to provide connections to other pedestrian and bicycle
routes and to allow for safe access to schools, recreation facilities and services.
(7) Additional requirements for parking facility design, internal layout, acceptable
turning radii and pavement slope, vehicular and pedestrian circulation, and other design
features may be adopted by the director when deemed appropriate.
[. . .]
SECTION 36. Subsection (b) of Section 18.76.020 (Architectural Review) of Chapter 18.76
(Permits and Approvals) of Title 18 (Zoning) is amended as follows:
18.76.020 Architectural Review
[. . .]
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor
project, as set forth in this section, unless an application for architectural review is reviewed,
acted upon, and approved or approved with conditions as set forth in Section 18.77.070.
(1) Exempt Projects. The following projects do not require architectural review:
(A) Single-family and two-family residences, except as provided under subsections
(b)(2)(C) and (b)(2)(D).
(B) Projects determined by the director of planning and development services to be
substantially minor in nature and have inconsequential visual impacts to the adjacent
properties and public streets. These exempt projects are referred to as "over the
counter projects". The director shall have the authority to promulgate a list of such
exempt projects under this subsection.
(C) Housing development projects, as defined in Government Code Section
65589.5(h)(2) (the Housing Accountability Act), but only to the extent such projects
comply with all objective standards in this code and thereby qualify for streamlining
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under Government Code sections 65589.5, 65913.4, or 65905.5. Such projects shall be
subject to the process set forth in Section 18.77.073.
(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:
(A) New construction, including private and public projects, that:
(i) Includes a new building or building addition of five thousand square feet
or more; or
(ii) Is not exempt under the California Environmental Quality Act (CEQA)
(Section 21000 et seq. of the California Public Resources Code); or
(iii) Requires one or more variances or use permits and, in the judgment of
the director, will have a significant effect upon the aesthetic character of the city
or the surrounding area;
(B) Any multiple-family residential construction project that contains three or more
units;
(C) Construction of three or more adjacent single-family homes or duplexes;
(D) In the Neighborhood Preservation Combining District (NP), properties on which
two or more residential units are developed or modified, except when one of those
units is an “accessory dwelling unit," as described in Section 18.10.140(d);
(E) Any project using transferred development rights, as described in Chapter
18.18;
(F) A master sign program, pursuant to Chapter 16.20;
(G) Signs that do not meet all applicable design guidelines adopted by the city
council or do not conform to a previously approved master sign program;
(H) Signs requiring a sign exception pursuant to Chapter 16.20;
(I) Any minor project, as defined in subsection (3), that the director determines will
significantly alter the character or appearance of a building or site.
(3) Minor Projects. The following are "minor projects" for the purposes of the
architectural review process set forth in Section 18.77.070, except when determined to be
major pursuant to subsection (2)(I) or exempt pursuant to subsection (1)(B):
(A) New construction, including private and public projects, that involves a new
building or building addition of fewer than 5,000 square feet, and which is exempt
under the California Environmental Quality Act (CEQA) (division 13 of the Public
Resources Code, commencing with section 21000);
(B) Signs that meet all applicable guidelines and conform to any previously
approved master sign program;
(C) Landscape plans, fences, exterior remodeling, and design of parking areas, when
not part of a major project;
(D) Any project relating to the installation of cabinets containing communications
service equipment or facilities, pursuant to any service subject to Chapter 2.11, Chapter
12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13.
(E) Minor changes to the following:
(i) Plans that have previously received architectural review approval;
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(ii) Previously approved planned community district development plans;
(iii) Plans that have previously received site and design approval;
(iv) Previously approved plans for projects requiring council approval
pursuant to a contractual agreement, resolution, motion, action or uncodified
ordinance;
(v) Existing structures requiring council site and design approval or approval
pursuant to a contractual agreement, resolution, motion, action, or uncodified
ordinance.
As used in this subsection (b)(3)(E), the term "minor" means a change that is of little
visual significance, does not materially alter the appearance of previously approved
improvements, is not proposed for the use of the land in question, and does not alter
the character of the structure involved. If the cumulative effect of multiple minor
changes would result in a major change, a new application for Architectural Review
approval of a major project, Site and Design approval, Planned Community District
approval, or other applicable approval is required.
(F) Any changes to previously approved plans requiring architectural review as a
minor project as part of the conditions of a permit or approval.
[. . .]
SECTION 37. Section 18.77.073 (Housing Development Project Review Process) of Chapter
18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) is added as follows:
18.77.073 Streamlined Housing Development Project Review Process
(a) Applicability
This section shall apply to applications for residential mixed-use and multifamily housing
development projects, as defined in Government Code Section 65589.5(h)(2), that comply with
all objective standards in this code and thereby qualify for streamlining under Government
Code sections 65589.5 or 65905.5.
(b) Preliminary Board Review
Applicants are encouraged to seek preliminary review by the Architectural Review Board
pursuant to Section 18.76.020(c) prior to submitting a formal application.
(c) Public Study Session
(1) Prior to preparing a written decision, the Director may, in his or her sole discretion,
refer the application to the Architectural Review Board or to other advisory boards or
committees for the purpose of determining whether minor adjustments to the
application would result in closer adherence to the contextual design criteria and/or
objective design standards contained in Chapter 18.24. An application should normally
not be considered at more than one meeting of the Architectural Review Board.
(2) Notice of a public meeting to consider the application shall be given at least 7 days
prior to the meeting by mailing to the applicant and all residents and owners of property
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within 600 feet of the project. Notice shall include the address of the property, a brief
description of the proposed project, and the date and time of the hearing.
(d) Decision by the Director
(1) The Director shall prepare a written decision to approve the application, approve it
with conditions, or deny it.
(2) Neither the Director, nor the City Council on appeal, shall approve an application
unless it is found that:
(A) The application complies with all applicable and objective standards in the
Comprehensive Plan, the Palo Alto Municipal Code, and other City plans or
policies.
(B) Approving the application will not result in a specific, adverse, impact upon
the public health or safety, which cannot feasibly be mitigated or avoided in a
satisfactory manner. As used in this Section, a “specific, adverse impact” means a
significant, quantifiable, direct, and unavoidable impact, based on objective,
identified written public health or safety standards, policies, or conditions as
they existed on the date the application was deemed complete.
(3) Notice of the proposed director’s decision shall be given by mail to owners and
residents of property within 600 feet of the property, and by posting in a public place. The
notice shall include the address of the property, a brief description of the proposed project,
a brief description of the proposed director’s decision, the date the decision will be final if it
is not appealed, and a description of how to file an appeal.
(4) The Director’s decision shall become final 10 days after the date notice is mailed
unless an appeal is filed.
(e) Appeals
(1) Any party, including the applicant, may file an appeal of the Director’s decision in
written form in a manner prescribed by the director.
(2) An appeal seeking disapproval of a project or a reduction in density shall be limited
to the grounds that both of the following exist:
(A) The project would have a specific, adverse impact upon the public health or
safety unless the project is disapproved or approved upon the condition that the
project be developed at a lower density. And
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse
impact identified pursuant to subsection (d)(2)(B)(i), other than the disapproval
of the housing development project or the approval of the project upon the
condition that it be developed at a lower density.
(f) Decision by the City Council
At the Director’s discretion, an appeal may be set for hearing before the City Council or may be
placed on the Council's consent calendar, within 45 days. The city council may:
(1) Adopt the findings and decision of the director; or
(2) If the item is on the consent calendar, city council may remove the appeal from the
consent calendar, which shall require three votes, and direct that the appeal be set for a new
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noticed hearing before the city council, following which the city council shall adopt findings and
take action on the application.
(g) Final Decision by the Council
The decision of the council on the appeal is final.
SECTION 38. As used in this ordinance, new text is underlined, deletions are struck-through, and
omissions are noted with [. . .] for large sections of unchanged text.
SECTION 39. 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 40. 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.
SECTION 41. The Council finds that the Ordinance is within the scope of and in furtherance of
the Comprehensive Plan 2030 which was evaluated in that certain Final Environmental Impact
Report certified and for which findings were adopted by Council Resolution Nos. 9720 and 9721
on November 13, 2017, all in accordance with the California Environmental Quality Act. The
Ordinance does not propose to increase development beyond what was analyzed in the
Comprehensive Plan. Pursuant to Section 15168 of the State CEQA Guidelines, the City has
determined that no new effects would occur from and no new mitigation measures would be
required for the adoption of this Ordinance.
//
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SECTION 42. 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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services