HomeMy WebLinkAboutStaff Report 14703 (2)
City of Palo Alto (ID # 14703)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/7/2022
City of Palo Alto Page 1
Summary Title: Recommendation on Ordinance for CUP Thresholds
Title: PUBLIC HEARING / LEGISLATIVE. Staff Recommendation to Introduce an
Ordinance to Make Permanent Changes Contained in a Temporary Ordinance
Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Update
Definitions, Broaden Permitted Uses and Provide Limits on Certain Uses
through Updates to the Conditional Use Permit Thresholds. Environmental
Review: CEQA Exemption 15061(b)(3)
From: City Manager
Lead Department: Planning and Development Services
Recommendation:
Staff recommends the City Council take the following action:
1. Introduce an ordinance (Attachment A) for changes to the Palo Alto Municipal Code
Chapter 18 to make permanent a temporary ordinance modifying retail use definitions,
limiting certain commercial uses, and relaxing conditional use permit (CUP) thresholds
for certain uses.
Executive Summary:
On April 12, 2021, the City Council adopted a temporary ordinance (#5517) to amend the Palo
Alto Municipal Code (PAMC) modifying retail use definitions, limiting certain commercial uses,
and relaxing conditional use permit (CUP) thresholds for certain uses. In its motion to adopt the
temporary ordinance, the City Council directed staff and the PTC to consider a related
permanent ordinance. The temporary ordinance was extended on May 16, 2022 with a new
expiration date of December 16, 2022 (Ordinance #5549). The temporary ordinance included
some discrete changes to promote economic recovery due to the coronavirus disease 2019
(COVID-19) pandemic.
City of Palo Alto Page 2
Staff recently presented the PTC a draft permanent ordinance (Attachment A), following the
Council’s direction. The PTC reviewed the draft ordinance and recommended Council extend
the temporary ordinance so the PTC can receive additional information on retail revitalization
best practices. The PTC in its recommendation acknowledged that Council may decide to make
the temporary ordinance permanent; should that occur, the PTC provided an alternative
recommendation focused on selected issues. Staff has not included these additional
recommendations in the attached ordinance for reasons described below but can easily
incorporate them as directed by Council.
This report provides an update on the temporary ordinance and summarizes the PTC
recommendations made at its August 31, 2022 meeting. If Council neither adopts a permanent
ordinance to replace the temporary ordinance, nor extends the temporary ordinance, the
zoning code will revert to the prior language.
Background:
Since November 9, 2020, the City Council has acted upon community and economic recovery
strategies in response to the COVID-19 pandemic.1 One strategy was to adopt a temporary
ordinance providing a quick response to community concerns. The first reading of the
temporary ordinance on December 14, 2020, included discrete amendments to the zoning code
that broadened the definition of retail uses and relaxed the CUP thresholds for certain uses.2,3
In summary, these amendments included:
• Relaxing CUP thresholds for medical offices
• Relaxing CUP thresholds for fitness studios/commercial recreation
• Changing the definition of eating and drinking to clearly define what is a dining
establishment versus a retail establishment selling food
• Establishing a definition for tutoring centers (learning centers)
The intent of these amendments was to swiftly act upon feedback from stakeholders about
what was necessary to help support businesses. It was also intended that, once a temporary
ordinance was adopted, staff would begin work on a permanent ordinance replacing the
temporary ordinance with these discrete changes. Other, more substantive policy changes
would be incorporated following a more comprehensive analysis of retail on a citywide or
district level (also included in the November 9, 2020 motion).
1 November 9, 2020 City Council Action Meeting Minutes:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=42635.86&BlobID=79443
2 December 14, 2020 City Council Staff Report:
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=60118.96&BlobID=79480
3 December 14, 2020 City Council Action Meeting Minutes:
https://www.cityofpaloalto.org/civicax/filebank/documents/79829
City of Palo Alto Page 3
During the second reading of the temporary ordinance on March 8, 2021 the Council directed
several amendments to the ordinance.4,5 The amendments addressed concerns about the
displacement of traditional retail uses with certain personal service uses along University
Avenue, California Avenue, and within the Town & Country Village Shopping Center. For
reference, the March 8, 2021 motion is included as Attachment B. The Council amendments
included:
• Prohibiting nail salons and day spas on California Avenue
• Exceptions to the relaxing of CUP thresholds for fitness studios/commercial recreation
uses fronting California Avenue, University Avenue, and within the Town & Country
Village Shopping Center
• Exceptions to the relaxing of CUP thresholds for tutoring centers fronting University
Avenue and California Avenue
• Exceptions to the relaxing of CUP thresholds for Medical Offices fronting California
Avenue and University Avenue
In addition to these amendments, the Council provided direction to the PTC to further evaluate
commercial recreation thresholds and occupancy limits, as well as ways to further define
regulations for dining establishments.
On April 12, 2021, with the inclusion of the amendments, the Council adopted temporary
ordinance #5517.6 This ordinance was set to expire on June 30, 2022.
On March 30, 2022 the PTC reviewed a draft ordinance that was intended to make permanent
the revisions contained in the temporary ordinance.7,8 The PTC voted 6-0 to continue the
4 March 8, 2021 City Council Staff Report:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/current-year/2021/id-12054.pdf
5 March 8, 2021 City Council Action Meeting Minutes:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2021/03-08-21-ccm-action-minutes.pdf
6 April 12, 2021 City Council Staff Report:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/current-year/2021/id-12165.pdf
7 March 30, 2022 PTC Staff Report:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning-and-
transportation-commission/2022/ptc-03.30.2022-cup.pdf
8 March 30, 2022 PTC Action Meeting Minutes:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning-and-
transportation-commission/2022/ptc-3.30.2022-summary-tracked-changes-af.pdf
City of Palo Alto Page 4
discussion of the item to a date uncertain until staff receives an extension to the temporary
ordinance allowing further evaluation. PTC members expressed a desire to study the issues
more thoroughly.
On May 2, 2022, the City Council supported an ordinance (#5549) extending the expiration of
the temporary ordinance to December 16, 2022.9
On August 31, 2022, the PTC conducted a public hearing on staff’s recommendations for the
draft ordinance.10 The PTC recommended the Council extend the temporary ordinance so that
additional information can be presented on retail revitalization best practices and consider
more comprehensive updates. Additionally, the PTC recommended changes to the draft
ordinance in the event Council decides to move forward with a permanent ordinance.
Since the March 2022 PTC meeting, staff has been working with Michael Baker International
(consultant) to assist the City with an analysis and recommendations on best practices for retail
recovery both citywide and district-by-district, as directed by Council. This effort combined with
work commissioned by the City Manager’s Office to prepare a comprehensive economic
analysis and priorities for short- and long-term economic development strategies will help
inform future retail policy; this work may take nine months to complete. Rather than extending
the ordinance on an interim basis as recommended by the PTC, staff recommends the
previously Council-endorsed regulations be codified with the understanding that there may be
further refinement following the more comprehensive study. The Commission recommended
refinements are not currently included in the attached ordinance but can be incorporated into
the second reading of the ordinance if directed by Council.
Discussion:
The retail industry continues to shift towards online sales and greater use of physical locations
for restaurants, services, and experience-based uses. The City recognized this shift when
Council adopted the retail preservation provisions (PAMC 18.40.180) and made changes to the
“retail services” definition (PAMC 18.04.030).
The COVID-19 pandemic put further pressure on retailers because of lockdowns, occupancy
restrictions, supply chain issues, and employee attraction/retention issues. This led to the City
9 May 2, 2022 City Council Staff Report:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220502/20220502pccsmamended-linked.pdf#page=52
10 August 31, 2022 Planning & Transportation Commission Staff Report:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning-and-
transportation-commission/2022/ptc-08.31.2022-cup.pdf
City of Palo Alto Page 5
Council initiating discussions on economic recovery for Palo Alto businesses and adopting a
temporary ordinance. The intent of the temporary ordinance with discrete changes was to
streamline the process and attempt to limit storefront vacancies. Attachment C includes a
comparison of the various versions of the PAMC (prior to November 2020, the temporary
ordinance, and the draft ordinance) for reference.
Effects of the Temporary Ordinance on Relaxed CUP Thresholds
According to Use & Occupancy records, since the adoption of the temporary ordinance, several
identified businesses took advantage of the changes. These businesses fell into two categories:
medical offices and ready to eat shops, such as a bakery and a tea shop. The medical offices did
not require a CUP and the ready to eat shops took advantage of not being classified as a
restaurant that requires more parking. It may be too soon to speculate whether there is an
ongoing trend related to these revisions, considering other contextual occurrences such as the
ongoing pandemic and the economy. However, it appears these changes to the municipal code
have otherwise helped these applicants.
Referrals to PTC from City council
As part of the March 2021 motion, the City Council sought specific input from the PTC on the
following items:
• The best way to define restrictions for dining establishments (Motion Item E).
• Occupancy levels for commercial recreation (Motion Item D).
• A threshold for gyms greater than 1,800 square feet on University Avenue and Town &
Country Shopping Center (Motion Item B).
The PTC had limited discussion on these referral items, primarily because they sought
additional information allowing for a more thorough analysis prior to making
recommendations.
Staff Proposed Permanent Ordinance and PTC Recommendation
Consistent with Council direction, staff prepared an ordinance that would make the temporary
ordinance permanent. On August 31, 2022, the PTC reviewed the draft permanent ordinance.
The proposed permanent ordinance (Attachment A) maintains the substantive revisions
contained in the temporary ordinance and presents revisions in a format that will be easy to
implement in the PAMC. For example, where the temporary ordinance includes regulations in a
footnote, the draft permanent ordinance places the regulations in an appropriate subsection or
table. An additional revision is to update the term ‘eating and drinking services’ to ‘restaurant’
to be consistent with other jurisdictions.
Overall, the draft permanent ordinance still reserves more significant policy recommendations
for future public hearings and analysis. Some of this additional effort may stem from the work
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the City’s consultants are conducting regarding retail recovery. Staff will share the results of the
Michael Baker International study when it is complete and provide an update on other
economic development strategies.
In their deliberations, the PTC was unable to recommend adoption of the draft permanent
ordinance. The PTC recommendation was that the temporary ordinance should be extended so
that staff can present the consultant’s results on retail revitalization best practices. This
discussion would allow for a more comprehensive evaluation of the City’s regulations and
provide a long-term approach to the issue.
Alternative PTC Recommendation
Despite the PTC’s primary recommendation to extend the temporary ordinance, the PTC
recognized Council may adopt the draft permanent ordinance (Attachment A). The PTC,
therefore, provided an alternative recommendation that provides input on certain sections of
the draft ordinance. The following includes the PTC recommendations, references to previous
Council motions when applicable, and discussion of any revisions to the temporary ordinance.
For more detail on what was presented to the PTC, please review the March 30, 2022 PTC staff
report (the link is in footnote 7 of this report).
Alternative Motion Regarding Permanent Ordinance
As an alternative motion, the PTC recommended the City Council take the following action:
Adopt the draft permanent ordinance (Attachment A) with the following considerations:
a. Impose a cap on current number of nail salons, spas, and barber shops, etc. limited to
the number of such businesses that currently exists;
b. Explore a cap on the number of tutoring centers, schools, and related functions;
c. Not to make permanent the regulations for medical offices and revert to the original
ordinance language; and
d. Defer work on items Council referred to the PTC until after receiving the City’s
consultant report on retail revitalization best practices.
If the Council would like to incorporate any of the above recommendations into the ordinance,
can may direct those changes. Staff, however, does not have information to guide direction on
a cap for certain land uses or whether that is a prudent course of action. The regulations
concerning medical office can be removed from the ordinance essentially restoring the original
zoning code standard. Item d acknowledges that Council directed the PTC to make a
recommendation on three discrete issues but the Commission does not believe it can render a
recommendation without the additional studies underway.
Based on the foregoing and imminent expression date of the interim ordinance, staff
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recommends the Council codify the existing regulations that appear to help some applicants
and conclude this discrete assignment. There are other work efforts underway related to retail
and economic strategies that require attention may influence further policy changes, these
include the aforementioned work on a citywide economic strategy; citywide retail study and
recommendations; analysis of the retail preservation policy and retail parking standards.
Summary of Key Issues:
Staff recommends the City Council adopt the attached ordinance.
Some businesses have benefited from the temporary ordinance. Extending the temporary
ordinance would maintain the standards that are currently in place. This would allow staff to
continue to monitor the effectiveness of the standards. Additionally, this would allow staff and
its consultant time to complete a report on retail recovery best practices and inform the PTC
and City Council of its recommendations. The PTC supported a holistic approach to addressing
retail recovery by understanding national trends and what other jurisdictions are doing, rather
than incrementally adopting changes. However, having a temporary ordinance does provide
some uncertainty for property owners and businesses as to what would ultimately become
permanent and this work effort is diverting staff from other related policy efforts.
Adopting the draft ordinance would make permanent the temporary standards. Staff and the
consultant would continue to complete the report on retail recovery best practices and later,
inform the PTC and City Council of its recommendations.
Policy Implications:
The code amendments represent one strategy outlined by the City Council in addressing
vacancies caused by the pandemic. These amendments were intended in part to streamline the
process for businesses and in part intended to maintain a robust retail character along
University Avenue, California Avenue, and within the Town & Country Village Center. Some
time has passed since the initial discussion of these strategies addressing vacancies and
understanding the forthcoming retail recovery best practices may result in a different long-term
policy.
Timeline:
The existing temporary ordinance will expire on December 16, 2022, unless it is extended or
replaced by another ordinance. If Council adopts the draft ordinance, after second reading, it
will become effective prior to the expiration of the existing temporary ordinance.
Stakeholder Engagement:
In addition to the required public notification, staff conducted outreach including an email blast
to businesses within the University Avenue district and the California Avenue district; postcard
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notification to property owners within the University Avenue district and the California Avenue
district. Staff spoke with interested property owners regarding the project and conducted
outreach to businesses within the Downtown and California Avenue areas. Feedback received
confirmed that most of the changes were moving in a positive direction. Some feedback
included providing additional flexibility for locating other retail-like businesses such as medical-
related retail uses. Additionally, some were interested in how more primarily ‘take-out’ uses
would affect parking differently than restaurants providing sit-down dining spaces.
Environmental Review:
The subject project has been assessed in accordance with the authority and criteria contained
in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the City. Specifically, the project is determined to be exempt from
CEQA pursuant to CEQA Guidelines 15061(b)(3) in that it can be seen with certainty that the
ordinance will not have a significant impact on the environment. The ordinance makes minor
adjustments to land use definitions and modest changes to the thresholds for discretionary
review.
Attachments:
Attachment A - Ordinance Amending PAMC Title 18 Ch 18.04 18.16 18.18 and 18.30 Relaxing
CUP Requirements (PDF)
Attachment B - March 8, 2021 City Council Motion (DOCX)
Attachment C - PAMC Comparison Table (DOCX)
*NOT YET APPROVED*
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code
(PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown
Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor
combining districts and making Conforming Changes to Various Sections of the Palo
Alto Municipal Code.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On April 5, 2021, the Palo Alto City Council adopted interim Ordinance No. 5517,
relaxing certain zoning regulations in the City’s commercial zoning districts to address
some of the economic challenges created by the COVID-19 pandemic and to spur
economic activity.
B. On May 16, 2022, the Council adopted Ordinance No. 5549, extending the temporary
regulations to December 16, 2022.
C. The Planning and Transportation Commission held a public hearing and recommended
adoption of this ordinance on __________, 2022.
SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) of the Palo Alto Municipal Code is amended to read as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
[. . .]
(45) “Drive-in/drive-through service” means a feature or characteristic of a use involving
sales of products or provision of services to occupants in vehicles, including drive-in or drive-up
windows and drive- through services such as mechanical automobile washing, pharmacy
windows, coffee stands, automatic teller machines, etc. Related definitions are provided in
subsections (47)(A) Restaurant, Drive-in/drive-through service and (125)(B) Intensive Retail
Use”.
[. . .]
(124.5)(47) “Restaurant Eating and drinking service” means a use providing preparation
and retail sale of food and beverages with a full menu and providing indoor seating area. Eating
and drinking service Restaurants include presence of a full commercial kitchen and commercial
dishwasher. For establishments with incidental sale alcoholic beverages, a minimum of 50% of
*NOT YET APPROVED*
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revenues from a ‘Restaurant’ an ‘eating and drinking service’ must be derived from the sale of
food. Related definitions are provided in subdivisions (A) and (B) to this definition and in
subsections (45) (Drive-in/drive- through service, (125)(B) (Intensive retail service)and (136)
(Take-out service). References in the Palo Alto Municipal Code to “Eating and drinking” shall
have the same meaning as “Restaurant,” as defined herein.
(A) “Restaurant, drive-in/drive-through service” means a feature or characteristic of a
restaurant use involving sales of products or provision of services to occupants in vehicles,
including drive-in or drive-up windows and drive- through services.
(B) “Restaurant, take-out service” means a characteristic of a restaurant which
encourages, on a regular basis, consumption of food or beverages, such as prepared or
prepackaged items, outside of a building, in outdoor seating areas where regular table service is
not provided, in vehicles parked on the premises, or off-site. Take-out service does not include
intensive retail service uses, as defined in subsection (125)(B).
[. . .]
(95) “Medical office” means a use providing consultation, diagnosis, therapeutic,
preventive, or corrective personal treatment services by doctors, dentists, medical and dental
laboratories, and similar practitioners of medical and healing arts for humans, licensed for such
practice by the state of California. Incidental medical and/or dental research within the office is
considered part of the office use, where it supports the on-site patient services. Medical office
use does not include the storage or use of hazardous materials in excess of the permit
quantities as defined in Title 15 of the Municipal Code. Medical gas storage or use shall be
allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be
allowed up to 20 gallons total (including waste).
(95.1) “Medical research” means a use related to medical and/or dental research,
testing and analysis, including but not limited to trial and clinical research. Biomedical and
pharmaceutical research and development facilities are not included in this definition. Medical
Research does not include the storage or use of quantities of hazardous materials above the
exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title
15. Additionally, Medical Research may include storage and use of etiological (biological) agents
up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control).
(95.2) “Medical support retail” means a retail use providing sales, rental, service, or
repair of medical products and services to consumers or businesses, and whose location near
hospitals or medical offices facilitates the provision of medical care or medical research.
Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of
prosthetics, and sale of eyeglasses or other eye care products.
(95.3) “Medical support service” means a use providing administrative support functions
for healthcare providers or facilities, intended to support the operations of hospitals or of
medical and dental office uses, and whose location near those medical facilities enhances the
interaction between medical providers and/or facilitates the provision of medical care or
*NOT YET APPROVED*
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medical research. Examples of medical support service uses typically include, but are not
limited to, administration and billing services, public relations, training, and fundraising.
Hospitals and ambulance services are not included in this definition.
[. . .]
(114) “Personal service” means a use providing services of a personal convenience
nature, and cleaning, repair or sales incidental thereto, including:
(A) Beauty shops, nail salons, day spas, and barbershops;
(B) Self-service laundry and cleaning services; laundry and cleaning pick-up stations
where all cleaning or servicing for the particular station is done elsewhere; and laundry and
cleaning stations where the cleaning or servicing for the particular station is done on site,
utilizing equipment meeting any applicable Bay Area Air Quality Management District
requirements, so long as no cleaning for any other station is done on the same site, provided
that the amount of hazardous materials stored does not at any time exceed the threshold
which would require a permit under Title 17 (Hazardous Materials Storage) of this code;
(C) Repair and fitting of clothes, shoes, and personal accessories;
(D) Quick printing and copying services where printing or copying for the particular
service is done on site, so long as no quick printing or copying for any off-site printing or
copying service is done on the same site;
(E) Internet and other consumer electronics services;
(F) Film, data and video processing shops, including shops where processing for the
particular shop is done on site, so long as no processing for any other shop is done on the same
site;
(G) Art, dance or music studios intended for an individual or small group of persons in a
class (see “commercial recreation” for other activities); and
(H) Fitness and exercise studios, or similar uses, in a space having 5,000 square feet or
fewer of gross floor area (see “commercial recreation” for uses exceeding 5,000 square feet).
(I) Learning centers intended for individual or small group settings, including tutoring,
standardized test preparation, language classes, after-school programs, cooking classes, and
similar uses.
[. . .]
(125) “Retail service” means a use open to the public during typical business hours and
predominantly engaged in providing retail sale, rental, service, processing, or repair of items
primarily intended for consumer or household use.
(A) “Extensive retail service,” as used with respect to parking requirements, means a
retail sales use having more than seventy-five percent of the gross floor area used for display,
*NOT YET APPROVED*
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sales, and related storage of bulky commodities, including household furniture and appliances,
lumber and building materials, carpeting and floor covering, air conditioning and heating
equipment, and similar goods, which uses have demonstrably low parking demand generation
per square foot of gross floor area.
(B) “Intensive retail service” as used with respect to parking requirements, means any
retail service use not defined as extensive retail service and including limited food service (i.e.
‘ready-to-eat’ food and/or beverage shops without a full commercial kitchen, where food
and/or beverages are ready to consume at the time of sale and any seating area is limited;
examples include sandwiches, frozen desserts, non-alcoholic beverages, and baked items).
(125.1) “Retail-like use” means a use generally open to the public during typical
business hours and predominantly engaged in providing services closely related to retail
services, including but not limited to:9
(A) Eating and drinking services Restaurant, as defined in subsection (47 124.5);
(B) Hotels, as defined in subsection (73);
(C) Personal services, as defined in subsection (114);
(D) Theaters;
(E) Travel agencies;
(F) Commercial recreation, as defined in subsection (33);
(G) Commercial nurseries;
(H) Auto dealerships, as defined in subsection (12.5); and
(I) Day care centers, as defined in subsection (42).
[. . .]
(136) Reserved. “Take-out service” means a characteristic of an eating or drinking
service which encourages, on a regular basis, consumption of food or beverages, such as
prepared or prepackaged items, outside of a building, in outdoor seating areas where regular
table service is not provided, in vehicles parked on the premises, or off-site. Take-out service
does not include intensive retail service uses, as defined in subsection (125)(B).
[. . .]
SECTION 3. Section 18.16.040 (Land Uses) of Chapter 18.16 (Neighborhood,
Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto
Municipal Code is amended to read as follows:
The uses of land allowed by this chapter in each commercial zoning district are identified in the
following tables. Land uses that are not listed on the tables are not allowed, except where
otherwise noted. Where the last column on the following tables ("Subject to Regulations in")
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includes a section number, specific regulations in the referenced section also apply to the use;
however, provisions in other sections may apply as well.
(a) Commercial Zones and Land Uses
Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1:
TABLE 1
PERMITTED AND CONDITIONALLY PERMITTED USES
P = Permitted Use CUP = Conditional Use Permit Required
LAND USE CN (4) CC, CC(2) CS (4) Subject to Regulations In:
ACCESSORY AND SUPPORT USES
Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use.
P P P 18.42
Drive-in/drive-through services or take-out services associated with
permitted uses(3)
CUP CUP CUP 18.42
Restaurant, drive-in/drive-through
services or take-out services, associated with permitted uses (3)
CUP CUP CUP 18.42
Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet.
CUP 18.42, 18.40.160
Safe Parking 18.42.160
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
[. . .] [. . .] [. . .] [. . .] [. . .]
OFFICE USES
Administrative Office Services P 18.16.050
Medical Offices CUP
(5)
CUP (5) CUP (5) 18.16.050
Up to 5,000 square feet P P P 18.16.050, 18.30(A)
*NOT YET APPROVED*
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Exceeding 5,000 square feet CUP CUP CUP 18.16.050, 18.30(A)
Professional and General Business Offices P P P 18.16.050
PUBLIC/QUASI-PUBLIC USES
Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation
yards.
CUP CUP CUP
RECREATION USES
Commercial Recreation CUP
(5)
CUP (5) CUP (5) 18.40.160
Outdoor Recreation Services CUP CUP CUP
RESIDENTIAL USES
[. . .] [. . .] [. . .] [. . .] [. . .]
RETAIL USES
Eating and Drinking Services
Restaurant, excluding drive-in/drive-through and take-out services
P P P 18.40.160
Retail Services, excluding liquor stores P P P 18.40.160
Liquor stores CUP P P 18.40.160
Shopping Centers P 18.16.060(e), 18.40.160
SERVICE USES
[. . .] [. . .] [. . .] [. . .] [. . .]
Banks and Financial Services V CUP P(2) P(2)
General Business Services CUP P
Hotels P P 18.16.060(d), 18.40.160
Mortuaries CUP P P
Neighborhood Business Services P 18.16.060(f)
*NOT YET APPROVED*
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Personal Services P P (6) P 18.16.060(f), 18.40.160,
18.30(A)
Reverse Vending Machines P P P
TEMPORARY USES
[. . .] [. . .] [. . .] [. . .] [. . .]
P = Permitted Use CUP = Conditional Use Permit Required
Footnotes:
(1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions
of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of
the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to
the provisions of Section 18.16.060(b) and (c).
(2) Except drive-in/drive-through services.
(3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and
bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not
be less than 150 feet from one another.
(4) For properties in the CN and CS zone districts, businesses that operate or have associated
activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit.
(5) A conditional use permit is not required for medical office or commercial recreation uses up to
5,000 greater than 1,800 square feet of gross floor area, with the following exceptions, for which a
conditional use permit is always required: (A) medical office fronting on California Avenue and in the
Midtown Shopping District; (B) commercial recreation uses fronting on California Avenue and when
located in the Town and Country Village Shopping Center.
(6) A conditional use permit is required for the following uses when fronting on California Avenue:
(A) Fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area; and (B)
Learning centers intended for individual or small group settings. A conditional use permit is required
for fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area in Town
and Country Village Shopping Center.
[. . .]
(c) CN District: Special Use Requirements in the Charleston and Midtown Shopping Centers
The following regulations shall apply to areas of Charleston Center and the Midtown Shopping
Center as defined in Section 18.16.030.
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Table 2 shows the uses permitted and conditionally permitted on the ground floor of the
applicable areas of the Charleston Center and Midtown Shopping Centers. Permitted and
conditional uses specified in subsection (a) of this section shall only apply to the ground floor of
the areas of the Charleston and Midtown Shopping Centers as listed in Table 2. Uses lawfully
existing on January 16, 2001 may be continued as non-conforming uses but may only be replaced
with uses permitted or conditionally permitted under this subsection.
TABLE 2
CHARLESTON AND MIDTOWN SHOPPING CENTERS GROUND FLOOR USES
P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use
LAND USES Charleston
Shopping
Center
Midtown
Shopping
Center
Subject to
Regulations in:
ACCESSORY AND SUPPORT USES
[. . .] [. . .] [. . .] [. . .]
RETAIL USES
Restaurants Eating and Drinking Services,
excluding drive-in/drive-through and take-
out services
P P 18.40.160
Retail Services, excluding liquor stores P P 18.40.160
Liquor stores CUP CUP 18.40.160
[. . .] [. . .] [. . .] [. . .]
P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use
[. . .]
SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16
(Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning)
of the Palo Alto Municipal Code is amended to read as follows:
18.16.060 Development Standards
[. . .]
(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 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 development services,
pursuant to Section 18.76.020.
*NOT YET APPROVED*
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Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to regulations in:
Minimum Site
Specifications
[. . .] [. . .] [. . .] [. . .] [. . .] [. . .]
Footnotes:
(1) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does
not apply to CC district.
[. . .]
(6) Ground floor commercial uses generally include retail, personal services, hotels and eating
and drinking establishments restaurants. Office uses may be included only to the extent they are
permitted in ground floor regulations.
[. . .]
(10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no
minimum mixed use ground floor commercial FAR for a residential project, except to the extent
that the retail preservation requirements of Section 18.40.180 or the retail shopping (R) combining
district (Chapter 18.30(A)) applies.
(1) Nonresidential uses that involve the use or storage of hazardous materials in excess
of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not
limited to dry cleaning plants and auto repair, are prohibited in a mixed use
development with residential uses.
(2) Residential mixed use development is prohibited on any site designated with an
Automobile Dealership (AD) Combining District overlay.
(c) Exclusively Residential Uses
[. . .]
(f) Size of Establishments in the CN District
In the CN district, permitted commercial uses shall not exceed the floor area per individual use
or business establishment shown in Table 5. Such uses may be allowed to exceed the maximum
establishment size, subject to issuance of a conditional use permit in accord with Section
18.76.010. The maximum establishment size for any conditional use shall be established by the
director and specified in the conditional use permit for such use.
//
*NOT YET APPROVED*
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TABLE 5
MAXIMUM SIZE OF ESTABLISHMENT
Type of Establishment Maximum Size (sq ft)
Personal Services 3,000
Retail services, except grocery stores 15,000
Grocery stores 20,000
Eating and drinking services Restaurants 5,000
Neighborhood business services 3,000
[. . .]
(h) Outdoor Sales and Storage
(2) In the CC district and in the CC (2) district, the following regulations shall apply to outdoor
sales and storage:
(A) Except in shopping centers, all permitted office and commercial activities shall be
conducted within a building, except for:
(i) Incidental sales and display of plant materials and garden supplies occupying no more
than 2,000 square feet of exterior sales and display area,
(ii) Outdoor eating areas operated incidental to permitted eating and drinking services
restaurants or intensive retail uses,
(iii) Farmers’ markets that have obtained a conditional use permit, and
(iv) Recycling centers that have obtained a conditional use permit.
(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit.
SECTION 5. Sections 18.18.050 (Land Uses) of Chapter 18.18 (Commercial Downtown
(CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows:
18.18.050 Land Uses
The uses of land allowed by this chapter in each commercial zoning district are
identified in the following table. Land uses that are not listed on the tables are not allowed,
except where otherwise noted. Where the last column on the following tables ("Subject to
Regulations in") includes a section number, specific regulations in the referenced section also
apply to the use; however, provisions in other sections may apply as well.
Permitted and conditionally permitted land uses for the CD district are shown in Table 1:
Table 1
CD Permitted and Conditionally Permitted Uses
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P Permitted Use • CUP Conditional Use Permit Required
CD-C CD-S CD-N Subject to
regulations in:
ACCESSORY USES
Accessory facilities and activities associated with or
essential to permitted uses, and operated incidental
to the principal use
P P P
Drive-in/drive-through or Take-out Services
associated with permitted uses (2)
CUP CUP CUP
Restaurant, Drive-in/Drive-through or Take-out
Services associated with permitted uses (2)
CUP CUP CUP
Tire, battery, and automotive service facilities, when
operated incidental to a permitted retail service or
shopping center having a gross floor area of more
than 30,000 square feet
CUP 18.40.160
Safe Parking 18.42.160
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY
USES
[. . .] [. . .] [. . .] [. . .] [. . .]
OFFICE USES
Administrative Office Services P 18.18.060(f)
Medical, Professional, and General Business Offices P P P 18.18.060(f),
18.30(C)
PUBLIC/QUASI-PUBLIC FACILITY USES
Utility Facilities essential to provision of utility
services but excluding construction or storage yards,
maintenance facilities, or corporation yards
CUP CUP
RECREATION USES
Commercial Recreation CUP
(3)
CUP
(3)
CUP
(3)
18.30(C)
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Outdoor Recreation Services CUP CUP CUP
RESIDENTIAL USES
[. . .] [. . .] [. . .] [. . .] [. . .]
RETAIL USES
RestaurantsEating and Drinking Services, except
drive-in or take-out services
P P P 18.18.060(g) , 1
8.40.160
Retail Services, excluding liquor stores P P P 18.18.060(g) , 1
8.40.160
Shopping Centers P 18.18.060(g) , 1
8.40.160
Liquor Stores P P CUP 18.40.160
SERVICE USES
[. . .] [. . .] [. . .] [. . .] [. . .]
Personal Services P (4) P (4) P (4) 18.18.060(g),
18.40.160,
18.30(C)
[. . .] [. . .] [. . .] [. . .] [. . .]
P Permitted Use CUP Conditional Use Permit Required
(1) Residential is only permitted as part of a mixed use development, pursuant to the provisions
of Section 18.18.060(b), or on sites designated as Housing Opportunity Sites in the Housing
Element of the Comprehensive Plan, pursuant to the provisions of Section 18.18.060(c).
(2) Drive-up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A
maximum of two such services shall be permitted within 1,000 feet and each use shall not be less
than 150 ft from one another.
(3) A conditional use permit is not required for commercial recreation uses up to 5,000 square
feet of gross floor area, with the following exceptions, for which a conditional use permit is always
required: (A) medical office fronting on University Avenue; (B) commercial recreation uses fronting
on University Avenue.
*NOT YET APPROVED*
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(4) A conditional use permit is required for the following uses when fronting on University
Avenue: (A) Fitness or exercise studios, and similar uses; and (B) Learning centers intended for
individual or small group settings.
SECTION 6. Section 18.18.060 (Development Standards) of Chapter 18.18
(Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is
amended to read as follows:
[. . .]
(g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict
In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per
individual use or business establishment shown in Table 4. Such uses may be allowed to exceed
the maximum establishment size, subject to the issuance of a conditional use permit in
accordance with Chapter 18.76. The maximum establishment size for any conditional use shall
be established by the director and specified in the conditional use permit for such use.
TABLE 4
MAXIMUM SIZE OF ESTABLISHMENT
Type of Establishment Maximum Size (ft 2 )
Personal Services 3,000
Retail services, except grocery stores 15,000
Grocery stores 20,000
Restaurants Eating and drinking services 5,000
(h) Outdoor Sales and Storage.
The following regulations shall apply to outdoor sales and storage in the CD district:
(1) CD-C Subdistrict
In the CD-C subdistrict, the following regulations apply:
(A) Except in shopping centers, all permitted office and commercial activities shall be
conducted within a building, except for:
(i) Incidental sales and display of plant materials and garden supplies occupying no
more than 2,000 square feet of exterior sales and display area,
*NOT YET APPROVED*
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(ii) Outdoor eating areas operated incidental to permitted eating and drinking services
restaurants or intensive retail uses,
(iii) Farmers' markets which have obtained a conditional use permit, and
(iv) Recycling centers that have obtained a conditional use permit.
(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit.
(C) Exterior storage shall be prohibited, except recycling centers which have obtained a
conditional use permit.
(2) CD-S Subdistrict
In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas
operated incidental to permitted eating and drinking services restaurants and intensive retail
uses shall be permitted subject to the following regulations:
(A) Outdoor sales and display shall not occupy a total site area exceeding the gross
building floor area on the site, except as authorized by a conditional use permit.
(B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp
trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum
design standards applicable to off-street parking facilities with respect to paving, grading,
drainage, access to public streets and alleys, safety and protective features, lighting,
landscaping, and screening.
(C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of
between 5 and 8 feet in height.
(3) CD-N Subdistrict
In the CD-N subdistrict, all permitted office and commercial activities shall be conducted
within a building, except for:
(A) Incidental sales and display of plant materials and garden supplies occupying not
more than 500 square feet of exterior sales and display area, and
(B) Farmers' markets that have obtained conditional use permits.
(i) Employee Showers
Employee shower facilities shall be provided for any new building constructed or for any
addition to or enlargement of any existing building as specified in Table 5.
//
*NOT YET APPROVED*
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TABLE 5
EMPLOYEE SHOWERS REQUIRED
Uses Gross Floor Area of New
Construction (ft 2 )
Showers
Required
Medical, Professional, and
General Business Offices,
Financial Services, Business and
Trade Schools, General Business
Services
0-9,999 No requirement
10,000-19,999 1
20,000-49,999 2
50,000 and up 4
Retail Services, Personal Services,
and Restuarants Eating and
Drinking Services
0-24,999 No requirement
25,000-49,999 1
50,000-99,999 2
100,000 and up 4
[. . .]
SECTION 7. Section 18.30(A).040 (Permitted Uses) of Chapter 18.30(A) (Retail
Shopping (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal
Code are amended to read as follows:
Except to the extent a conditional use permit is required pursuant to Section 18.30(A).050, the
following uses shall be permitted in an R district:
(a) Restaurants Eating and drinking services, except drive-in/drive-through and take-
out services.
(b) Personal services, except the following on California Avenue:
(i) the following shall be prohibited on the ground floor on California Avenue:
beauty shops; nail salons; day spas; barbershops; laundry and cleaning services
as defined in Section 18.04.030(114)(B); and
(ii) the following shall require a conditional use permit on the ground floor on
California Avenue: fitness or exercise studios exceeding 1,800 square feet in
gross floor area; and learning centers intended for individual or small group
settings.
(c) Retail services.
(d) All other uses permitted in the underlying commercial district, provided they are
not located on a ground floor.
SECTION 8. Section 18.30(A).050 (Conditional Uses) of Chapter 18.30(A) (Retail
Shopping (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal
Code are amended to read as follows:
*NOT YET APPROVED*
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The following uses may be conditionally permitted in an R district, subject to the
issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approval):
(a) Financial services, except drive-in services, on a ground floor.
(b) All other conditional uses allowed in the underlying commercial district provided
they are not located on a ground floor.
(c) On California Avenue:
(i) Formula retail businesses; on California Avenue.
(ii) Fitness or exercise studios exceeding 1,800 square feet in gross floor area;
(iii) Commercial recreation uses;
(iv) Learning Centers intended for individual or small group settings; and
(v) Medical offices.
(d) Beauty shops, nail salons, and barbershops, except as prohibited on California
Avenue, fitness or exercise studios exceeding 1,800 square feet in gross floor area; and learning
centers intended for individual or small group settings.
SECTION 9. Section 18.30(C).020 (Permitted Uses) of Chapter 18.30(C) (Ground Floor
(GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are
amended to read as follows:
(a) The following uses shall be permitted in the GF combining district, subject to
restrictions in Section 18.40.160180:
(1) Restaurants Eating and drinking;
(2) Hotels;
(3) Personal services, except the following are prohibited when located on
University Avenue: for parcels with frontage on University Avenue, where uses defined in
Section 18.04.030(114)(B), (G), and (H), and (I) are not permitted
(A) Laundry and cleaning services as defined in Section 18.04.030(114)(B);
(B) Art, dance or music studios intended for an individual or small group of
persons in a class;
(C) Fitness and exercise studios, or similar uses exceeding 1,800 square feet or
more of gross floor area; and
(D) Learning centers intended for individual or small group settings.
(4) Retail services;
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(5) Theaters;
(6) Travel agencies;
(7) Commercial Recreation up to 5,000 square feet in gross floor area, except for
parcels with frontage when located on University Avenue;
(8) All other uses permitted in the underlying district, provided such uses are not on
the ground floor.
(b) Elimination or conversion of basement space currently in retail or retail-like use or
related support purposes is prohibited.
(c) Entrance, lobby, or reception areas serving non-ground floor uses may be located
on the ground floor to the extent reasonably necessary, provided they do not interfere with the
ground floor use(s), and subject to the approval of the Director.
SECTION 10. Section 18.30(C).030 (Conditional Uses) of Chapter 18.30(C) (Ground
Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code
are amended to read as follows:
(a) The following uses may be conditionally allowed on the ground floor in the GF
ground floor combining district, subject to issuance of a conditional use permit in accord with
Chapter 18.76 (Permits and Approvals) and with the additional finding required by subsection
(b), subject to restrictions in Section 18.40.160:
(1) Business or trade school;
(2) Commercial recreation over 5,000 square feet in gross floor area or with
frontage located on University Avenue;
(3) Day care;
(4) Financial services, except drive in services;
(5) General business service;
(6) Learning centers intended for individual or small group settings, except as
prohibited on University Avenue;
(7) All other uses conditionally permitted in the applicable underlying district,
provided such uses are not on the ground floor.
(b) The director may grant a conditional use permit under this section only if he or
she makes the following findings in addition to the findings required by Chapter 18.76 (Permits
and Approvals):
(1) The location, access or design of the ground floor space of the existing building
housing the proposed use, creates exceptional or extraordinary circumstances or conditions
applicable to the property involved that do not apply generally to property in the same district.
(2) The proposed use will not be determined to the retail environment or the
pedestrian-oriented design objectives of the GF combining district.
*NOT YET APPROVED*
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(c) Any use conditionally permitted pursuant to this section shall be effective only
during the existence of the building that created the exceptional circumstance upon which the
finding set forth in subsection (b) was made.
SECTION 11. Sections 18.13.040 (Site Development Standards) of Chapter 18.13
(Multiple Family Residential (RM-20, RM-30, and RM-40) Districts); 18.16.010 (Purposes) and
18.16.050 (Office Use Restrictions) of Chapter 18.16 (Neighborhood, Community, and Service
Commercial (CN, CC, and CS) Districts); 18.20.040 (Site Development Standards) of Chapter
18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP, and GM) Districts); 18.34.030
(Land Uses) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining
District Regulations); and 18.42.030 (Accessory Uses and Facilities) and 18.42.090 (Alcoholic
Beverages) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto
Municipal Code are amended to read as follows:
18.13.040 Development Standards
[. . .]
(f) Personal Services, Retail Services, and Restaurants 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 restaurants 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 restaurant eating and
drinking uses shall be allowed per establishment.
(3) Personal services, retail services, and restaurants 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 of the goods or
*NOT YET APPROVED*
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services traveling off-site. Allowable neighborhood-serving personal services, retail services
and restaurants 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.
[. . .]
18.16.010 Purposes
The commercial zoning districts are intended to create and maintain sites for retail, personal
services, eating and drinking establishments, hotels and other business uses in a manner that
balances the needs of those uses with the need to minimize impacts to surrounding
neighborhoods.
(a) Neighborhood Commercial [CN]
The CN neighborhood commercial district is intended to create and maintain neighborhood
shopping areas primarily accommodating retail sales, personal service, eating and drinking
restaurant, and office uses of moderate size serving the immediate neighborhood, under
regulations that will assure maximum compatibility with surrounding residential areas.
[. . .]
18.16.050 Office Use Restrictions
The following restrictions shall apply to office uses:
(a) Conversion of Ground Floor Housing and Non-Office Commercial to Office Medical,
Professional, and Business offices shall not be located on the ground floor, unless any of the
following apply to such offices:
(1) Have been continuously in existence in that space since March 19, 2001, and as of
such date, were neither non-conforming nor in the process of being amortized pursuant
to Chapter 18.30(I);
(2) Occupy a space that was not occupied by housing, neighborhood business service,
retail services, personal services, eating and drinking services restaurant, or automotive
service on March 19, 2001 or thereafter;
(3) Occupy a space that was vacant on March 19, 2001;
(4) Are located in new or remodeled ground floor area built on or after March 19, 2001
if the ground floor area devoted to housing, retail services, eating and drinking services
restaurant, personal services, and automobile services does not decrease;
[. . .]
*NOT YET APPROVED*
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18.20.040 Site Development Standards
Development in the office research, industrial, and manufacturing districts is subject to the
following development standards, provided that more restrictive regulations may be required
as part of design review under Chapter 18.76 of the Palo Alto Municipal Code.
[. . .]
(f) Limitations on Outdoor Uses and Activities.
(1) In the GM district, outdoor sales and display of merchandise and outdoor eating areas
operated incidental to permitted restaurants eating and drinking services are permitted
subject to the following regulations:
[. . .]
18.34.030 Land Uses
[. . .]
(b) Mixed use development, where residential and non-residential uses are combined, may
include two or more of the following uses:
(1) Multi-family residential;
(2) Non-residential uses, limited to:
(A) Retail and personal services;
(B) Restaurants Eating and drinking services;
[. . .]
18.42.030 Accessory Uses and Facilities
(a) Examples of Accessory Uses and Facilities
Accessory uses and facilities include, but are not limited to, the following list of examples;
provided that each accessory use or facility shall comply with all provisions of this title:
[. . .]
(5) Newsstands, gift shops, drugstores, and restaurantseating and drinking facilities, or
similar services intended solely for the convenience of occupants or employees, or guests
thereof, of a principal use, when conducted entirely within a principal facility;
[. . .]
//
*NOT YET APPROVED*
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18.42.090 Alcoholic Beverages
(a) Conditional Use Permit Required in Tandem with On-Sale License
In any district where otherwise permitted by this title, any eating and drinking establishment
restaurant or other use having any part of its operation subject to an on-sale license required
by the State of California shall be subject to securing a conditional use permit.
[. . .]
SECTION 12. The land use tables in Sections 18.13.030 (Land Uses) of Chapter 18.13
(Multiple Family Residential (RM-20, RM-30, and RM-40) Districts); 18.20.030 (Land Uses) of
Chapter 18.20 (Office, Research, and Manufacturing (MOR, ROLM, RP, and GM) Districts);
18.28.040 (Land Uses) of Chapter 18.28 (Special Purpose (PF, OS, and AC) Districts); 18.36.040
(Land Uses) of Chapter 18.36 (Hospital (HD) District) of Title 18 (Zoning) of the Palo Alto
Municipal Code shall be amended to replace all references to phrase “Eating and drinking
services” with the term “Restaurants,” and the phrase “drive-in” with the phrase “drive-
in/drive-through.”
SECTION 13. The Minimum Off-Street Parking and Loading Tables (Tables 1, 2, and 3)
in Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility Requirements) of Chapter
18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code
shall be amended to replace all references to phrase “Eating and drinking services” with the
term “Restaurants” and the phrase “eating and drinking” with the term “restaurant.”
SECTION 14. All remaining references in the Palo Alto Municipal Code to “Eating and
Drinking,” “Eating and Drinking Services,” “Eating and Drinking Facilities,” or “Eating and
Drinking Establishments” shall have the same meaning as “Restaurants,” as defined in Section
18.04.030(a)(124.5).
SECTION 15. 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 16. 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.
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SECTION 17. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections
15061(b)(3) because it can be seen.
SECTION 18. 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
ATTACHMENT B
March 8, 2021 City Council Motion
The City Council made the following motion at the March 8, 2021 meeting:
MOTION: Vice Mayor Burt moved, seconded by Mayor DuBois to adopt the attached
temporary ordinance with the following exceptions:
A. Prohibit allowing nail salons, beauty shops, barber shops, etc. directly on California
Avenue street facing;
B. On University Avenue, California Avenue, as well as Town and Country, prohibit the
expansion of gyms greater than 1,800 square feet, and refer this to Planning and
Transportation Commission for additional review;
C. Prohibit the expansion of tutoring, schools, and related functions on the main
streets of Downtown and California Avenue;
D. Allow the change to commercial recreation to go forward, but also direct the
Planning and Transportation Commission to look at occupancy for personal services
that are commercial recreation;
E. Refer to the Planning and Transportation Commission the evaluation of the most
appropriate way to define restrictions on dining establishments;
F. Prohibit expansion of the permissible medical sizes on the main shopping streets of
California Avenue, University Avenue and Midtown Shopping Center.
Attachment C
Comparison between versions of the Palo Alto Municipal Code
PAMC
location
Standard/definition
Prior to 11-
2020
Temporary
Ordinance
Draft
Ordinance
Notes
18.04
Definitions
Drive-in/Drive-
through
Only includes
‘Drive-in’
Adds Drive-
Through to
definition
Adds
‘restaurant
drive-
in/through as
sub
definition.
18.04
Definitions
Eating and Drinking
Service
Included
restaurants,
coffee shops,
sandwich
shops,
taverns, ice
cream shops,
etc.
Classifies
eating and
drinking as
having a full
commercial
kitchen &
dishwasher.
Other uses
now
considered
‘intensive
retail’
Same as
temporary
ordinance
plus changes
term to
‘restaurant’
Parking is
lower for
intensive
retail.
18.04
Definitions
Fitness and exercise
studios
Considered a
space up to
1,800 SF
A space up to
5,000 SF
(except for
University
Ave, California
Ave, and Town
& Country.
(similar uses
over 5,000 SF
are
‘commercial
recreation’
Same as
temporary
ordinance
Considered
a personal
service
18.04
Definitions
Learning Centers Does not exist New definition
under
personal
service.
Same as
temporary
ordinance
Considered
Personal
service
18.04
Definitions
Intensive retail
service
Uses not
defined as
extensive
retail
Added limited
food service
such as ‘ready
to eat’
Same as
temporary
ordinance
18.16.040 CN, CC, CS Districts
Table 1
Medical
offices
require CUP;
Medical
offices require
Same as
temporary
ordinance
Exceptions
for medical
office in
PAMC
location
Standard/definition
Prior to 11-
2020
Temporary
Ordinance
Draft
Ordinance
Notes
Commercial
Recreation
requires CUP;
and Personal
Services are
Permitted
a CUP over
5,000 SF.
Commercial
recreation
uses fronting
California and
located in
Town &
Country
requires a
CUP.
Commercial
recreation
uses located
on California
Ave. greater
than 1,800 SF
require a CUP.
but moved
exceptions to
zoning
district to R
combining
district
18.30(A).
18.16.060 CN Development
Standards Table 5
Maximum size of
establishment
Maximum size
of Personal
Service and
Neighborhood
Business
Services is
2,500 SF
Increase
personal
service and
neighborhood
business
services max
size from
2,500 SF to
3,000 SF
Same as
temporary
ordinance
18.18.050 CD District Table 1 Commercial
recreation
requires a
CUP; Personal
services are
permitted;
Medical
offices are
permitted
uses
Commercial
recreation
requires CUP
greater than
5,000 SF
except for
University Ave
(1,800 SF);
Medical office
on University
Ave requires
CUP otherwise
no CUP up to
5,000 SF; CUP
required for
learning
centers on
University Ave
Same as
temporary
ordinance
but moved
regulations
to GF
combining
district
(18.30(C)
PAMC
location
Standard/definition
Prior to 11-
2020
Temporary
Ordinance
Draft
Ordinance
Notes
18.18.060 CD-N Development
Standards Table 4
Maximum Size of
Establishment
Maximum size
of personal
services is
2,500 SF
Increases the
personal
services size to
3,000 SF
Same as
temporary
ordinance
18.30(A).040 Retail Shopping (R)
Combining District
Permitted Uses
Permitted
Uses: Added
Fitness studios
exceeding
1,800 SF and
learning
centers
Created
distinctions
for uses on
California
Ave.
18.30(A).050 Retail Shopping (R)
Combining District
Conditional Uses
Beauty shops
required a
CUP
Beauty shops
not permitted
on California
Ave.
Same as
temporary
ordinance.
Amended
section for
clarity.
18.30(C).020 Ground Floor (GF)
Combining District
Permitted Uses
Added
Learning
centers as not
permitted on
University
Ave.
Commercial
recreation up
to 5,000 SF
permitted
except along
University
Ave. (1,800 SF)
Same as
temporary
ordinance
but clarified
text—moved
footnotes
from Chapter
18.18.
18.30(C).030 Ground Floor (GF)
Combining District
Conditional Uses
Distinguish
that
Commercial
recreation
over 5,000 SF
requires a
CUP. Added
learning
centers to CUP
list.
Same of
temporary
ordinance
but clarified
text---moved
footnotes
from Chapter
18.18.