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Home My WebLink AboutStaff Report 2312-2388AA2.SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5-1-1, Kou no, Veenker recused and PASSED 6-1, Kou no) New Item added City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: December 18, 2023 Report #:2312-2388 TITLE SECOND READING: Adoption of an Ordinance Implementing Program 1.1A and 1.1B of the Housing Element, Including: 1) New Chapter 18.14: Housing Incentives, and 2) Modifications to Base Zoning Districts Throughout Title 18. Adoption of a Resolution Making Corresponding Changes to the Land Use and Design Element of the Comprehensive Plan. (FIRST READING: November 13, 2023 PASSED 5-1-1, Kou no, Veenker recused and PASSED 6-1, Kou no) RECOMMENDATION Staff recommends the City Council receive public comment and take the following actions: 1. Adopt a resolution updating the Land Use and Design Element of the Comprehensive Plan to be consistent with Programs 1.1A and 1.1B of the Housing Element. 2. Adopt on second reading the attached housing element implementation ordinance that includes a clarifying revision related to a building facade modulation requirement for properties located in the Housing Focus Area. 3. Provide direction to staff if any other revisions to the ordinance are required, including changes that would be addressed in a subsequent new ordinance at a future date. BACKGROUND On November 13, 2023, the City Council adopted, on first reading, an ordinance amending the zoning code to implement programs in the City’s adopted Housing Element. These changes are necessary to ensure that properties the City is relying on to plan for its regional housing needs can support the projected unit density and feasibly redevelop for housing. The statutory deadline to execute the zoning amendments is January 31, 2024. The ordinance becomes effective on the 31st day following a second reading of the ordinance and therefore should be adopted in December to meet the deadline. On December 11, 2023, a property owner representative for a housing development at 3150 El Camino Real (Subject Property) requested the ordinance be pulled from the consent calendar to consider the following points: 1. A request to increase the height at which a step-back is required in the Housing Focus Area from 55 feet to 59 feet along El Camino Real; 2. A request to increase the allowed floor area ratio in the Housing Focus Area from 4.0 to 4.5; and, 3. Clarification on how a building modulation requirement in the Housing Focus Area for portions of a building that exceed 250 feet in length would be interpreted. Staff subsequently met with the public speaker, conducted additional analysis and found that the building modulation requirement was duplicative of an existing design standard; as a result, staff have removed the requirement from the attached ordinance. Because this does not result in a substantive change, it can be accomplished without triggering a new first reading. Staff considers the other requests substantive policy changes, which if the Council agreed and wanted to advance, would require the ordinance to be reintroduced on first reading. Staff also met with representatives for the property located at 3400 El Camino Real after the subject ordinance was pulled from the consent calendar. The representatives expressed continued concern about the Planning and Transportation Commission recommendation, which was adopted by the City Council, regarding the setback and transitional height for properties in the Housing Focus Area adjacent to low density and R1 zoned properties. The representatives noted an interest in asking the Council to revisit this provision if the ordinance were being reconsidered. Given the statutory deadline to implement required zoning changes by the end of January, staff recommends the Council proceed with the second reading, with the recommended modification, and provide direction as appropriate on the other requests. A resolution amending the Land Use Element of the Comprehensive Plan is also attached for adoption. As explained in the December 11, 2023 report, the text to be amended was included on November 13, but the actual resolution was inadvertently omitted. It is included here for formal adoption. ANALYSIS Given the short turnaround for packet preparation, this report focuses on the specific requests made during public comment. Additional information about the ordinance is available in two prior Council reports for November 13 and December 11, 2023.1,2 1 November 13, 2023 Council Report: https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3377&meetingTemplateType=2&comp iledMeetingDocumentId=8399. 2 December 11, 2023 Council Report: https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=3674&meetingTemplateType=2&comp iledMeetingDocumentId=8672. Stepback Height Requirement. To accommodate additional building height in the Housing Focus Area and provide reasonable transitions in scale from El Camino Real, staff recommended, and Council supported, an upper level stepback above 55 feet in height. This provision requires portions of the building above this height to be set back further from the property line or building façade.3 The Subject Property has a modest slope of about three feet downward along El Camino Real from the northern front property corner to the southern front corner. While the finished floor elevation at the first floor generally follows this change in street grade elevation, the finished floor elevation at each floor level above does not. For instance, where a second floor is planned, the floorplate is 11' 4" above the highest street corner and a floorplate of 23' 4" at the third level, and so on. A consistent floorplate is a reasonable objective that makes the design and construction process more efficient and facilitates compliance with various technical codes, including Americans with Disabilities Act requirements. This design solution, however, is not absolute and changes in floorplate elevations can be incorporated into a building. In fact, the subject project incorporates such changes in floorplate elevation in the subterranean garage deck and first floor elevations. A representative for the project located at 3150 El Camino Real asserts a 20 foot clearance is required for the refuse collection and staging area, which is located on the side of the property that has the higher street corner elevation. Applying that clearance and employing a consistent floorplate design results in the third floor having a finished floor elevation of 23'4" above the highest street corner elevation and 26' 4" above grade the lower street corner elevation. When more floors are added that also employ a consistent floorplate elevation, it results in the fifth floor exceeding the 55 foot height for the stepback requirement at the lower street corner elevation by about four feet. Accordingly, the project applicant requests the Council adjust the Housing Focus Area ordinance to raise the 55 foot stepback requirement to 59 feet.4 Staff does not consider the change in the stepback height from 55 feet to 59 or 60 feet to be perceptually significant from the street grade. This change would also facilitate design flexibility for other Housing Focus Area sites and result in more generous interior volume spaces. However, when taken in combination with the allowance for parapets to extend above the height limit this change becomes more noticeable from street grade. 3 The City Council provided direction to staff on November 13 to develop standards to implement the upper level stepback based on the Council’s discussion. Staff’s response to this direction was detailed in the December 11 staff report, linked above. 4 The applicant also requested staff to consider whether the incorporation of a planter that raises the finished floor elevation at grade would qualify as the point to measure height if used to address onsite drainage. Staff has considered this request and found it is not applicable in this instance. Alternatively, the applicant could decide to modify the design concept. The Housing Focus Area was created with an awareness of the 3150 El Camino Real project but not designed to precisely meet each aspect of the project on file with the City. Staff anticipated some design modifications would be required to comply with the new requirements, which are substantially more generous that the base district zoning and conveys greater development potential than can be achieved from the state density bonus. Specifically, the applicant could adjust the floorplate elevations at key locations in the design to accommodate the stepback height limit. The first and second floor spaces have generous heights, which from a design perspective is appropriate from the street elevation, but this space also does not serve retail uses, which tend to need higher floor to ceiling space. The residential units at the upper levels provide a generous, nearly 9 foot clearance that could be adjusted slightly to help achieve compliance. The applicant could also reconsider the placement of the refuse location and staging area, or slightly depress the entrance, so that the required clearance could be provided at a lower overall height. There are likely other approaches the applicant could consider to address the perceived limitations imposed by the height restriction. While the applicant has professed that it is simply not feasible to comply with the 55 foot stepback height, staff believe there are likely creative solutions that would allow a housing development at this scale, location and with a comparable number of units, based on the Housing Focus Area proposed development standards. Floor Area Ratio. The representative for 3150 El Camino Real, when requesting the ordinance be pulled from the consent calendar, noted an interest in seeing the City’s 4.0 floor area ratio, or FAR, be increased to 4.5 in the Housing Focus Area. The Subject Property had a 4.07 FAR when the Housing Focus Area standards were being created. A modest reduction in project floor area (less than 7,800 square feet) was anticipated with the proposed standards.5 A recent review of the project plans from the applicant suggests a minimum of 4.1 FAR is now needed for the project, as designed. Similar to the request to change height, increasing the FAR for the Housing Focus Area is a policy consideration for Council. As noted, staff anticipated that some revisions to the subject project plans would be required when the Council adopted the ordinance. The City established the Housing Area Focus standards for several properties and did so with the intent to possibly expand these housing incentives to other properties. Increasing the floor area would apply to all properties in the Housing Focus Area. Reducing the project floor area to achieve compliance would result in fewer housing units. As many as 12 units may be lost to achieve compliance, but potentially fewer. The total number of units proposed is 380. While every housing unit is valuable, the increase in development potential generated by the Housing Focus Area substantially increases what could be achieved 5 The lot area for the project at 3150 El Camino Real is 111,030 square feet. A 4.0 FAR would allow up to 444,120 square feet. Notably, in addition to showing a 4.07 FAR (451,507 square feet), the plans include a detailed calculation showing a total gross floor area of 441,817 square feet, which would be below 4.0 FAR. based on existing zoning or through the state density bonus law. If the Council wants to increase Housing Focus Area floor area, it could direct staff accordingly. Alternatively, the applicant could modify the project to comply or may elect to pursue its builder’s remedy project on file with the City.6 Building Modulation Requirement. The project representative for 3150 El Camino Real raised concern about a building modulation requirement in the Housing Focus Area. Staff has reviewed this and concurs that the language included in the ordinance is unnecessary and confusing. The intent of the provision was to carve out an exception in the Housing Focus Area from the City’s objective design standards that require a diversity of housing types for projects on larger lots. The provision also included an additional building modulation requirement for building facades in excess of 250 feet that imposed a more stringent design standard than the existing objective design standards, which was not the intent. Accordingly, staff has modified the ordinance to omit the more restrictive building modulation standard and instead require projects to comply the existing objective requirement or seek modification to the requirement from the Architectural Review Board. This modification is a minor clarification to the ordinance and can be remedied with the attached, second reading ordinance. FISCAL/RESOURCE IMPACT This action has no significant fiscal impact as it can be performed with current adopted staffing levels and consultant resources. Direction to prepare additional amendments to the Housing Focus area in advance of other initiatives, including in advance of prior Council direction to explore expanding the Housing Focus area, may result in a minor delay in other Housing Element program implementation initiatives, including work on the Housing Incentive Program, though such impacts are not expected to delay overall project timelines. STAKEHOLDER ENGAGEMENT Since the subject ordinance was removed from the consent calendar by Councilmembers Tanaka, Lauing and Vice Mayor Stone, staff meet with representatives of two properties referenced in this report. Notice of this meeting was posted at least 72 hours in advance on the City’s website and posted on King Plaza at City Hall. 6 As previously reported, the outcome of a builder’s remedy project is uncertain and may result in litigation. Moreover, the builder’s remedy project is subject to potentially 5 public hearings, including appeals after the receiving the Architectural Review Board’s recommendation and completing environmental review. By contrast, a Housing Focus Area project requires one courtesy meeting before the ARB and completion of environmental review. ENVIRONMENTAL REVIEW On November 13, 2023, the City Council adopted an Addendum to the Comprehensive Plan Environmental Impact Report (EIR) that analyzed the potential environmental impacts of the 2023-2031 Draft Housing Element. The recommendation included with this report is consistent with that prior analysis; no further environmental review is required at this time. ATTACHMENTS Attachment A: Resolution Amending Land Use and Design Element of the Comprehensive Plan Attachment B: Ordinance Adopting Amendments to Title 18 to Implement Housing Element Program 1.1 APPROVED BY: Jonathan Lait, Planning and Development Services Director *NOT YET APPROVED* Attachment A 1 0160128_20231117_ay16 Resolution No. ____ Resolution of the Council of the City of Palo Alto Amending the Land Use and Design Element of the City of Palo Alto Comprehensive Plan to Reflect Policies and Programs adopted in the 2023-2031 Housing Element and Related Updates to the Zoning Code. R E C I T A L S A. On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Section 65585. B. Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Allocation (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. C. Program 1.1B of the Housing Element provides for additional amendments to the zoning ordinance for ROLM and GM zoned properties that exceed those required under Program 1.1A. D. On December XX, 2023, the City Council adopted an ordinance amending Title 18 (Zoning) of the Palo Alto Municipal Code to implement Programs 1.1A and 1.1B of the Housing Element. E. The updates contemplated in Programs 1.1A and 1.1B of the Housing Element also require related changes to the Land Use and Design Element of the Comprehensive Plan. F. In order to maintain consistency with the between the Land Use and Design and Housing Elements of the Comprehensive Plan, and between the Comprehensive Plan and the Palo Alto Municipal Code, the City Council desires to amend the Land Use and Design Element of the Comprehensive Plan. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council finds that the public interest, health, safety and welfare of Palo Alto and the surrounding region would be furthered by Text Amendments to the Land Use and Community Design Element. *NOT YET APPROVED* Attachment A 2 0160128_20231117_ay16 SECTION 2. The proposed Land Use and Community Design Text Amendments are consistent with the following goals and policies of the Comprehensive Plan: Policy L-1.1: Maintain and prioritize Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. The proposed amendments will align with the programs and policies of the Housing Element, which promote the production of much-needed housing in strategic locations throughout the City. Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. The proposed amendments will allow for the production of housing in accordance with the Housing Element, which envisions urban infill development throughout the City. Policy L-1.4: Commit to creating an inventory of below market rate housing for purchase and rental. Work with neighbors, neighborhood associations, property owners and developers to identify barriers to infill development of below market rate and more affordable market rate housing and to remove these barriers, as appropriate. Work with these same stakeholders to identify sites and facilitate opportunities for below market rate housing and housing that is affordable. The proposed amendments implement the Housing Element, including provision that promote the production of below market rate housing. Policy L-1.5: Regulate land uses in Palo Alto according to the land use definitions in this Element and Map L-6 The proposed amendments ensure compliance with this policy and modify the land use definitions to align with past, current, and future uses of housing opportunity sites in the City. Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. The proposed amendments encourage the production of housing, which is a local, regional, and statewide need. Policy L-2.3: As a key component of a diverse, inclusive community, allow and encourage a mix of housing types and sizes, integrated into neighborhoods and designed for greater affordability, particularly smaller housing types, such as studios, co-housing, cottages, clustered housing, accessory dwelling units and senior housing The proposed amendments align with the Housing Element, which encourages the development of all types of housing. *NOT YET APPROVED* Attachment A 3 0160128_20231117_ay16 Policy L-2.6: Create opportunities for new mixed-use development consisting of housing and retail. The proposed amendments facilitate the production of housing in commercial land use designations. SECTION 3. The City Council hereby amends Single-Family Residential land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined and deletions struck through): Single-Family Residential: This designation applies to residential neighborhoods primarily characterized by detached single-family homes, typically with one dwelling unit on each lot. Private and public schools and churches are conditional uses requiring permits. Accessory dwelling units or duplexes are allowed subject to certain size limitations and other development standards and duplexes may be allowed in select, limited areas where they would be compatible with neighborhood character and do not create traffic and parking problems. Multiple- Family uses may be permitted on Housing Element opportunity sites. The net density in single family areas will range from 1 to 7 units per acre, but rises to a maximum of 14 units per acre on parcels where second units or duplexes occur, except on Housing Element opportunity sites, for which higher density standards may be specified in the Zoning Ordinance. Population densities will range from 1 to 30 persons per acre. SECTION 4. The City Council hereby amends Multiple-Family Residential land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Multiple-Family Residential: The permitted number of housing units will vary by area, depending on existing land use, proximity to major streets and public transit, distance to shopping and environmental problems. Net densities will range from 8 to 40 units and 8 to 90 persons per acre, except on Housing Element opportunity sites, for which higher density standards may be specified in the Zoning Ordinance. Density should be on the lower end of the scale next to single-family residential areas. Densities higher than what is permitted may be allowed where measurable community benefits will be derived, services and facilities are available, and the net effect will be consistent with the Comprehensive Plan. Population densities will range up to 2.25 persons per unit by 2030. SECTION 5. The City Council hereby amends Neighborhood Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): *NOT YET APPROVED* Attachment A 4 0160128_20231117_ay16 Neighborhood Commercial: Includes shopping centers with offstreet parking or a cluster of street-front stores that serve the immediate neighborhood. Examples include Charleston Center, Edgewood Center and Midtown. Typical uses include supermarkets, bakeries, drugstores, variety stores, barber shops, restaurants, self- service laundries, dry cleaners and hardware stores. In locations along El Camino Real and Alma Street, residential and mixed use projects may also locate in this category. Non-residential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 6. The City Council hereby amends Regional/Community Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Regional/Community Commercial: Larger shopping centers and districts that have a wider variety of goods and services than the neighborhood shopping areas. They rely on larger trade areas and include such uses as department stores, bookstores, furniture stores, toy stores, apparel shops, restaurants, theaters and nonretail services such as offices and banks. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown. Non-retail uses such as medical and dental offices may also locate in this designation; software development may also locate Downtown. In some locations, residential and mixed use projects may also locate in this category. Non-residential FARs range from 0.35 to 2.0. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 7. The City Council hereby amends Service Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast *NOT YET APPROVED* Attachment A 5 0160128_20231117_ay16 of the Bayshore Freeway. Nonresidential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 8. The City Council hereby amends Service Commercial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Service Commercial: Facilities providing citywide and regional services and relying on customers arriving by car. These uses do not necessarily benefit from being in high volume pedestrian areas such as shopping centers or Downtown. Typical uses include auto services and dealerships, motels, lumberyards, appliance stores and restaurants, including fast service types. In almost all cases, these uses require good automobile and service access so that customers can safely load and unload without impeding traffic. In some locations, residential and mixed-use projects may be appropriate in this land use category. Examples of Service Commercial areas include San Antonio Road, El Camino Real and Embarcadero Road northeast of the Bayshore Freeway. Nonresidential FARs will range up to 0.4. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 9. The City Council hereby amends Mixed Use land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Mixed Use: The Mixed Use designation is intended to promote pedestrian- oriented places that layer compatible land uses, public amenities and utilities together at various scales and intensities. The designation allows for multiple functions within the same building or adjacent to one another in the same general vicinity to foster a mix of uses that encourages people to live, work, play and shop in close proximity. Most typically, mixed-use developments have retail on the ground floor and residences above. This category includes Live/Work, Retail/Office, Residential/Retail and Residential/Office development. FARs will range up to 1.15, although development located along transit corridors or near multi-modal centers will range up to 2.0 FAR with up to 3.0 FAR possible where higher FAR would be an incentive to meet community goals such as providing affordable housing. The FAR above 1.15 must be used for residential purposes. Up to 100% of FAR may be used for residential purposes in a Planned Community zone. Consistent with the Comprehensive Plan’s encouragement of housing near *NOT YET APPROVED* Attachment A 6 0160128_20231117_ay16 transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. SECTION 10. The City Council hereby amends Research/Office Park land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Research/Office Park: Office, research and manufacturing establishments whose operations are buffered from adjacent residential uses. Stanford Research Park is an example. Other uses that may be included are educational institutions and child care facilities. Compatible commercial service uses such as banks and restaurants and residential or mixed-uses that would benefit from the proximity to employment centers, will also be allowed. Additional uses, including retail services, commercial recreation, churches and private clubs may also be located in Research/Office Park areas, but only if they are found to be compatible with the surrounding area through the conditional use permit process. In some locations, residential and mixed-use projects may also locate in this category. Maximum allowable FAR ranges from 0.3 to 0.5, depending on site conditions. Consistent with the Comprehensive Plan, multi-family housing may be allowed in specific locations. On Housing Element opportunity sites, FAR will typically range from 1.25 to 2.5, as specified in the Zoning Ordinance. Higher FARs may be feasible within one-half mile of high quality transit, as specified in the Zoning Ordinance. SECTION 11. The City Council hereby amends Light Industrial land use description in the City of Palo Alto Comprehensive Plan Land Use and Community Design Element to read as follows (additions underlined): Light Industrial: Wholesale and storage warehouses and the manufacturing, processing, repairing and packaging of goods. Emission of fumes, noise, smoke, or other pollutants is strictly controlled. Examples include portions of the area south of Oregon Avenue between El Camino Real and Alma Street that historically have included these land uses, and the San Antonio Road industrial area. Compatible residential and mixed use projects may also be located in this category. FAR will range up to 0.5. On Housing Element opportunity sites, FAR will typically range from 1.5 to 2.5, as specified in the Zoning Ordinance. Higher FARs may be feasible within one-half mile of high quality transit. Consistent with the Comprehensive Plan’s encouragement of housing near transit centers, higher density multi-family housing may be allowed in specific locations, generally within one-half mile of high quality transit. *NOT YET APPROVED* Attachment A 7 0160128_20231117_ay16 SECTION 12. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the potential environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolution 10107, finding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Programs 1.1A and 1.1B of the Housing Element, which this resolution implements. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM APPROVED __________________________ __________________________ Assistant City Attorney City Manager __________________________ Director of Planning and Development Services *NOT YET APPROVED* Attachment A 8 0160128_20231117_ay16 Exhibit A: Existing and Proposed Comprehensive Plan Land Use Designations *NOT YET APPROVED* Atachment B 1 0160131_20231214_ay16 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Adopting Chapter 18.14 (Housing Incentives) and Amending Various Chapters of Title 18 (Zoning) of the Palo Alto Municipal Code to Implement Programs 1.1A and 1.1B of the City of Palo Alto 2023-2031 Housing Element The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara�ons. (a) On May 8, 2023, the City Council adopted the City of Palo Alto 2023-2031 Housing Element (“Housing Element”) pursuant to Government Code Sec�on 65585. (b) Program 1.1A of the Housing Element provides for amendments to the zoning ordinance that are necessary to accommodate the City’s Regional Housing Needs Alloca�on (“RHNA”) on the inventory of housing opportunity sites provided in Appendix D to the Housing Element. (c) Program 1.1B of the Housing Element provides for addi�onal amendments to the zoning ordinance for ROLM and GM zoned proper�es that exceed those required under Program 1.1A. (d) Government Code Sec�ons 65583 and 65588 require that the City complete its rezoning of sites under Program 1.1A by January 31, 2024, which is one year from the statutory deadline for adop�on of the Housing Element. (e) This ordinance implements Programs 1.1A and 1.1B of the Housing Element, resul�ng in an inventory of sites suitable and available for development that is suﬃcient to meet the City’s RHNA during the Housing Element planning period. SECTION 2. Chapter 18.14 (Housing Incen�ves) of Title 18 (Zoning) of the Palo Alto Municipal Code is added to read as follows: CHAPTER 18.14: HOUSING INCENTIVES 18.14.010 Purpose This chapter implements the regional housing needs strategy (RHNA) of the City’s Comprehensive Plan Housing Element to rezone opportunity sites; facilitates housing produc�on; aﬃrma�vely furthers fair housing; and provides incen�ves for housing development, especially below-market rate housing. 18.14.020 Housing Element Opportunity Sites This subsec�on implements the rezoning required to meet the RHNA in the 2023-2031 Housing Element, pursuant to Appendix D. Regula�ons iden�ﬁed in Table 1 and Table 2 modify and replace development standards provided in base zoning district and applicable combining district regula�ons. a) Applicability: This subsec�on applies to Housing Development Projects, as deﬁned in Government Code Sec�on 65589.5, on Housing Element opportunity sites listed in Appendix D *NOT YET APPROVED* Atachment B 2 0160131_20231214_ay16 and on sites within the GM/ROLM and El Camino Real Focus Areas depicted in Figure 1 and Figure 3. b) Permited Uses: Refer to the base zoning district and applicable combining districts for allowed uses, except: (1) Exclusively residen�al uses are permited on all Housing Element opportunity sites. (2) Combining district use regula�ons shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households. (3) Sites zoned to allow mixed use development and are iden�ﬁed in Appendix D of the Housing Element as suitable for lower income households, must be developed with a minimum of two-thirds residen�al ﬂoor area. c) Development Standards: Refer to base zoning district and applicable combining districts for development standards except: (1) Residen�al uses on R-1 zoned sites (faith-based ins�tu�ons) shall be subject to the development standards for the RM-30 zoning district, pursuant to Chapter 18.13.040, except that Maximum FAR shall be 1.25 and minimum density shall be 20 units per acre. (2) RM-20, RM-30, RM-40, CN, CS, CC, CC(2), CD-C, and CD-N zoned sites as modiﬁed by Table 1 (3) GM, ROLM, and RP zoned sites as modiﬁed by Table 2 (4) PF zoned sites shall meet the following development standards: (A) Downtown sites: CD-C standards, pursuant to Table 1 below (B) California Avenue sites: CC(2) standards, pursuant to Table 1 below (5) Speciﬁc Stanford University-owned sites and El Camino Real Focus Area sites may, as an alterna�ve to State Density Bonus Law, meet base district regula�ons as modiﬁed by Table 3. Housing Development Projects that u�lize State Density Bonus Law shall be subject to base district standards or standards provided in Tables 1 and 2, as applicable. Addi�onally, El Camino Real Focus Area sites shall: (A) Complete Major Architectural Review pursuant to Sec�on 18.77.020 (B) Provide 20% of total units as on-site below-market rate housing aﬀordable to households earning up to 80% of AMI. This requirement shall apply in place of the basic requirements set forth in Sec�ons 16.65.030 and 16.65.040. (6) Combining district design and development standards shall not apply to exclusively residen�al projects on housing opportunity sites designated in Appendix D of the Housing Element to accommodate lower income households. // // // // // *NOT YET APPROVED* Atachment B 3 0160131_20231214_ay16 Table 1 Housing Element Opportunity Site Development Standards (Residen�al and Commercial Mixed Use Districts) Base Zoning District Maximum FAR (1) Minimum Landscape Coverage Residen�al Density (du/ac)(4) Other Development Standards Residen�al Total Minimum Maximum CC(2) 1.5 2.0 (3) 20 See base district regula�ons: 18.16.060 See base district regula�ons: 18.16.060 CC 1.25 1.25 (3) 20 CS (El Camino Real) 1.25 1.25 (3) 20 CS (Other) 1.25 1.25 (3) 20 See HE Appendix D CN (El Camino Real) 1.25 1.25 30% (3) 20 See base district regula�ons: 18.16.060 CN (Other) 1.25 1.25 30% (3) 20 See HE Appendix D CD-C 2.0 2.0 (2) (3) 20 See base district regula�ons: 18.18.060 See base district regula�ons: 18.18.060 CD-N 1.5 1.5 (3) 20 See HE Appendix D RP 1.25 1.25 (3) 25 None; 40 du/ac an�cipated See base district regula�ons: 18.20.040 RM-40 1.5 1.5 (3) 31 See HE Appendix D See base district regula�ons: 18.13.040 RM-30 1.25 1.25 (3) 20 RM-20 1.25 1.25 See 18.13.040 20 (1) Nothing in this table increases the non-residen�al ﬂoor area permited in any district. (2) FAR may be increased with transfer of development rights; see Chapter 18.18 for details. (3) Landscape coverage may be provided above the ground-ﬂoor. If standard is not speciﬁed, refer to base district regula�ons. (4) Where no maximum density is provided in terms of du/ac, maximum density shall be determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where noted, refer to Housing Element Appendix D: Sites Inventory for speciﬁed densi�es. // // // *NOT YET APPROVED* Atachment B 4 0160131_20231214_ay16 Table 2 GM/ROLM Focus Area Development Standards for Housing Development Projects Only Base Zoning District Maximum FAR Minimum Landscape Coverage Maximum Lot Coverage Residen�al Density (du/ac)(2) Maximum Height Minimum Residen�al Parking Ra�os Other Development Standards Residen�al Total (3) Minimum Maximum GM (Focus Area, Figure 1) 2.5 2.5 20% (1) 70% 40 None; 90 du/ac an�cipated 60 1 space per studio/1-bed; 1.5 spaces per 2-bed+ See base district regula�ons: 18.20.040 GM (Other Opportunity Sites) 1.5 1.5 30% (1) 70% 25 None; See HE Appendix D for an�cipated densi�es See 18.20.040 No change ROLM (Focus Area, Figure 1) 2.5 2.5 20% (1) 70% 40 None; 90 du/ac an�cipated 60 1 space per studio/1-bed; 1.5 spaces per 2-bed+ ROLM (Other Opportunity Sites) 1.5 1.5 (1) 70% 25 None; 50 du/ac an�cipated 45 No change (1) Landscape coverage may be provided above the ground-ﬂoor. If standard is not speciﬁed, refer to base district regula�ons. (2) These sites do not provide a maximum density in terms of du/ac; however, an�cipated densi�es have been determined by es�ma�ng the realis�c development capacity of the site based on the objec�ve development standards applicable to the project. Where referenced, the densi�es speciﬁed in Housing Element Appendix D: Sites Inventory represent an�cipated densi�es based on realis�c development capaci�es. (3) Nothing in this table increases the non-residen�al ﬂoor area permited in any district. // // // // // // *NOT YET APPROVED* Atachment B 5 0160131_20231214_ay16 Figure 1: GM/ROLM Housing Element Focus Area *NOT YET APPROVED* Atachment B 6 0160131_20231214_ay16 Table 3 Site-Speciﬁc Development Standards (Stanford-Owned Sites & El Camino Real Focus Area) Loca�on Pasteur Dr. & 1100 Welch Rd. (1)(3) (Figure 2) El Camino Real Focus Area (1) (Figure 3) Minimum Front Setback 15 feet See base district regula�ons Minimum Setback See base district regula�ons: 18.13.040 See base district regula�ons, except: For sites with a property line abu�ng a low density residen�al (RE, R2, or RMD) or R1 single family residen�al district: 20 feet Maximum FAR 3.5 (Total) 4.0 (Total) Maximum Site/Landscape Coverage (2) (2) Maximum Lot Coverage 60% 70% Maximum Density (du/ac) None None Maximum Height(6) 85 85 Daylight Plane Sand Hill Rd. frontage only: ini�al height 60 feet above grade at the Sand Hill Rd. setback line and a 45-degree angle See base district regula�ons for standards for daylight planes Height Transi�ons n/a Within 100 � of low density residen�al (RE, R2, or RMD) or R1 single family zone district property line: 35 �. Between 100 and 150 � of low density or R1 zone district property line: 45 �. Upper Story Step Back None El Camino Real frontage above 55 feet in height: minimum 6 foot step-back from lower façade, for a minimum 70% of the façade length; and average setback from the property line for the en�re façade shall be 20 feet(7) See Figure 4. Open Space 100 sq. �/unit (any combina�on of common and/or private) 100 sq. �/unit (any combina�on of common and/or private) Minimum Residen�al Parking (5) 0.5 spaces/unit 1 space/unit (Per AB2097: 0 space/unit within ½ mile of Caltrain) Other Development Standards See base district regula�ons: 18.13.040 See base district regula�ons *NOT YET APPROVED* Atachment B 7 0160131_20231214_ay16 Design Criteria/Standards Compliance with Objec�ve Design Standards pursuant to Chapter 18.24 (4) Architectural Review and compliance with either Objec�ve Design Standards pursuant to Chapter 18.24 or Context-Based Design Criteria pursuant to base district regula�ons. (4) (1) Site locations as defined in the 2023-2031 Housing Element (2) Permitted above the ground-floor. If standard is not specified, refer to base district regulations. (3) Housing may be developed in phases and individual phases may not meet all standards. However, upon completion the project as a whole must conform to these standards. Individual parcels shall be deed restricted to address standards that are met in aggregate, but not on a parcel-by-parcel basis. In addition, for each phase, the applicant shall demonstrate, to the satisfaction of the Director, that the overall site is capable of meeting all standards upon completion of the project as a whole. (4) Except, the following objective design standards shall be modified to meet the realistic capacity identified in the Housing Element: (a.) 18.24.050(b)(5): Diversity of Housing Types shall not apply. (b.) 18.24.060(b)(7): Parking/Loading/Utilities, shall be replaced with the following standard: Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path with the exception of vehicular alleys, shall compose no more than 50% of any public frontage. Garage façades fronting on public right-of-way shall be screened with decorative architectural screening (e.g. perforated metal panels, murals), lined with habitable uses, or screened with landscaping (e.g., green wall, climbing vines). (5) Projects providing fewer than 50% of the parking spaces that would be required under Section 18.52.040 shall develop and implement a transportation demand management plan containing, at a minimum: free transit passes for residents; and provision of outlets appropriately spaced for e-bike charging at 20% of bicycle parking spaces. (6) Railings and parapets shall be excluded from height calculations in this Table 3 only to the extent they are required for health and safety standards in Titles 15 and 16 of this code. (7) Average setback from the property line may be calculated by taking the area between the property line and the upper façade. This area, in square feet, shall be greater than or equal to the façade length multiplied by 20. Example: 200-foot façade length x 20-foot average setback = minimum 4,000 sq. ft. area of setback per floor. For purposes of this calculation, portions of the upper façade with a setback greater than 40 feet shall be treated as if the façade is located at 40 feet from the property line. For purposes of this calculation, roof projections and eaves up to four feet in depth shall be excluded. // // // // *NOT YET APPROVED* Atachment B 8 0160131_20231214_ay16 Figure 2: Pasteur Drive Focus Area *NOT YET APPROVED* Atachment B 9 0160131_20231214_ay16 Figure 3: El Camino Real Focus Area *NOT YET APPROVED* Atachment B 10 0160131_20231214_ay16 Figure 4: Upper Story Step Back (El Camino Real Focus Area) above 55’ 85’ maximum height minimum sidewalk width12’ pro p e r t y l i n e fac e o f c u r b 15’ pro p e r t y l i n e 20’ average stepback ave r a g e s t e p b a c k c a l c u l a t i o n use s b u i l d i n g a r e a s w i t h i n a 40 ’ s t e p b a c k portions of buildings more than 40 feet from the property line shall be counted as 40 feet average stepback20’ Yx20 feet averagebuilding stepback above 55 feet BUILDING AREA Y (not pictured) 6' minimum stepback from façade for ≥70% of façade below ≥ Figure 4: Upper Story Step Back (El Camino Real Focus Area) Figure 4b *NOT YET APPROVED* Atachment B 12 0160131_20231214_ay16 18.14.030 Housing Incen�ve Program (Reserved) 18.14.040 Aﬀordable Housing Incen�ve Program (Reserved) // // // // // // // // // // // // // // // // // // // // // // *NOT YET APPROVED* Atachment B 13 0160131_20231214_ay16 SECTION 3. Sec�on 18.12.030 (Land Uses) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows (CHANGES SHOWN IN UNDERLINE STRIKEOUT): 18.12.030 Land Uses The permited and condi�onally permited uses for the single family residen�al districts are shown in Table 1: Table 1 PERMITTED AND CONDITIONAL R-1 RESIDENTIAL USES R-1 and all R-1 Subdistricts Subject to Regula�ons in: [. . .] RESIDENTIAL USES Single-Family P Two-Family use, under one ownership P 18.42.180 Mobile Homes P 18.42.180 Mul�ple-Family P(2) 18.14.020 Residen�al Care Homes P [. . .] (1) An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit associated with a single-family residence on a lot is permited, subject to the provisions of Chapter 18.09. (2) Housing Element opportunity sites (faith-based ins�tu�ons) only. SECTION 4. Sec�on 18.12.040 (Development Standards) of Chapter 18.12 (R-1 Single-Family Residen�al District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.12.040 Development Standards (a) Site Speciﬁca�ons, Building Size, Height and Bulk, and Residen�al Density The development standards for the R-1 district and the R-1 subdistricts are shown in Table 2, except: (1) To the extent such standards may be modiﬁed by Sec�on 18.42.180 for two-family uses pursuant to California Government Code Sec�on 65852.21 (SB 9, 2021; (2) On Housing Element opportunity sites (faith-based ins�tu�ons): development standards for Mul�ple-Family uses are iden�ﬁed in Sec�on 18.14.020, which states that sites shall meet the development standards for the RM-30 zoning district, except that Maximum FAR shall be 1.25. [. . .] // // *NOT YET APPROVED* Atachment B 14 0160131_20231214_ay16 SECTION 5. Chapter 18.13: MULTIPLE FAMILY RESIDENTIAL (RM-20, RM-30 AND RM-40) DISTRICTS [. . .] 18.13.040 Development Standards (a) Site Speciﬁca�ons, Building Size and Bulk, and Residen�al Density The site development regula�ons in Table 2 shall apply in the mul�ple-family residence districts, provided that more restric�ve regula�ons may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regula�ons set forth in Chapter 18.76, and the objec�ve design standards set forth in Chapter 18.24. Except that sites designated as Housing Element Opportunity Sites shall meet the development standards speciﬁed in Chapter 18.14.020. Table 2 Mul�ple Family Residen�al Development Table RM-20 RM-30 RM-40 Subject to regula�ons in: [. . .] Maximum Site Coverage: Base 35% 40% 45% Addi�onal area permited to be covered by covered pa�os or overhangs otherwise in compliance with all applicable laws 5% 5% 5% Maximum Floor Area Ra�o (FAR)(4) 0.5:1 0.6:1 1.0:1 Residen�al Density (units) Maximum number of units per acre(3) 20 30 40 18.13.040(g) 18.14.020 Minimum number of units per acre(8) 11 16 21 18.14.020 Minimum Site Open Space(5) (percent) 35 30 20 18.13.040(e) 18.14.020 Minimum Usable Open Space (sf per unit)(5) 150 150 150 Minimum common open space (sf per unit) 75 75 75 18.13.040(e) 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 Chapter 18.52 Ch. 18.52 [. . .] *NOT YET APPROVED* Atachment B 15 0160131_20231214_ay16 SECTION 6. Chapter 18.20: OFFICE, RESEARCH, AND MANUFACTURING (MOR, ROLM, RP, AND GM) [. . .] 18.20.030 Land Uses (a) Permited and Condi�onally Permited Land Uses Table 1 lists the land uses permited or condi�onally permited in the industrial and manufacturing districts. Table 1 Industrial/Manufacturing District Land Uses [P = Permited Use CUP = Condi�onal Use Permit Required] MOR ROLM ROLM(E) RP RP(5) GM Subject to Regula�ons in Chapter: [. . .] RESIDENTIAL USES Single-Family Not permited 18.20.040(b) Two-Family Not permited Mul�ple-Family (Housing Element Opportunity Site) P P P 18.14.020 Mul�ple-Family (Other Sites) CUP CUP(1) CUP CUP(1) 18.14.020 Residen�al Care Homes P CUP CUP CUP 18.23.100(B) [. . .] (1) Adjacent to Bayshore Freeway and generally bounded by East Charleston Road and Loma Verde Avenue (see Figure 1), subject to CUP [. . .] // // // // // // // *NOT YET APPROVED* Atachment B 16 0160131_20231214_ay16 Figure 1: GM/ROLM Housing Element Focus Area *NOT YET APPROVED* Atachment B 17 0160131_20231214_ay16 18.20.040 Site Development Standards [. . .] (b) Development Standards for Exclusively Residen�al Uses Residen�al uses shall be permited in the MOR, RP, RP(5), ROLM, ROLM(E), and GM zoning districts, subject to the following criteria. (1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al or non-residen�al zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest ﬂexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) No new single-family or two-family residen�al development is permited in any of the oﬃce, research and manufacturing districts, and no new residen�al development is permited within 300 feet of an exis�ng Hazardous Materials Tier 2 use. Exis�ng single-family and two-family uses and exis�ng residen�al development within 300 feet of an exis�ng Hazardous Materials Tier 2 use shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) MOR District. All mul�-family development in the MOR zoning district shall be permited subject to approval of a condi�onal use permit and compliance with the development standards prescribed for the RM-30 zoning district. (4) RP and RP(5) Districts. All mul�-family development in the RP, and RP(5) zoning districts that is located within 150 feet of an R-E, R-1, R-2, RMD, or similar density residen�al PC zone shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district, including Village Residen�al development types. Mul�-family development in the MOR, RP, and RP(5) zoning districts that is located greater than 150 feet from an R-E, R-1, R-2, RMD, or low density residen�al PC shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (5) ROLM (E) District. All mul�-family development in the ROLM(E) zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-20 zoning district. (6) ROLM District. All mul�-family development in the ROLM zoning district shall be permited subject to the provisions above in 18.20.040(b)(2), approval of a condi�onal use permit, and compliance with the development standards prescribed for the RM-30 zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. (7) GM District. All residen�al development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. *NOT YET APPROVED* Atachment B 18 0160131_20231214_ay16 (8) Combining Districts. Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (c) Development Standards for Mixed (Residen�al and Nonresiden�al) Uses in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning Districts Mixed (residen�al and nonresiden�al) uses shall be permited in the MOR, ROLM, ROLM(E), RP, and RP(5) zoning districts, subject to the following criteria: (1) It is the intent of these provisions that a compa�ble transi�on be provided from lower density residen�al zones to higher density residen�al, non-residen�al, or mixed use zones. The Village Residen�al development type should be evaluated for use in transi�on areas and will provide the greatest ﬂexibility to provide a mix of residence types compa�ble with adjacent neighborhoods. (2) New sensi�ve receptor land uses shall not be permited within 300 feet of a Hazardous Materials Tier 2 or Tier 3 use. Exis�ng sensi�ve receptors shall be permited to remain, consistent with the provisions of Chapter 18.70 (Nonconforming Uses and Noncomplying Facili�es). (3) ROLM(E) District. Mixed (residen�al and nonresiden�al) development in the ROLM(E) zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-20 zoning district. The maximum ﬂoor area ra�o (FAR) for mixed use development is 0.3 to 1. (4) ROLM District. Mixed (residen�al and nonresiden�al) development in the ROLM zoning district shall be permited, subject to the provisions above in 18.20.040(c)(2), approval of a condi�onal use permit, determina�on that the nonresiden�al use is allowable in the district and that the residen�al component of the development complies with the development standards prescribed for the RM-30 zoning district. The maximum ﬂoor area ra�o (FAR) for mixed use development is 0.4 to 1. Except that sites designated as Housing Element Opportunity Sites or Focus Areas shall meet the development standards speciﬁed in Chapter 18.14.020. (5) GM District. Mixed use (residen�al and nonresiden�al) development is prohibited in the GM zoning district, except for sites designated as Housing Element Opportunity Sites or Focus Areas, which are regulated by Chapter 18.14.020. In compu�ng residen�al densi�es for mixed (residen�al and nonresiden�al) uses, the density calcula�on for the residen�al use shall be based on the en�re site, including the nonresiden�al por�on of the site. [. . .] // // // // *NOT YET APPROVED* Atachment B 19 0160131_20231214_ay16 SECTION 7. Chapter 18.16: NEIGHBORHOOD, COMMUNITY, AND SERVICE COMMERCIAL (CN, CC AND CS) DISTRICTS [. . .] 18.16.060 Development Standards [. . .] (b) Mixed Use and Residen�al Table 4 speciﬁes the development standards for new residen�al mixed use developments and residen�al developments. These developments shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24,except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modiﬁed in Chapter 18.14.020. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet the context-based design criteria outlined in Sec�on 18.16.090, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020. Table 4 Mixed Use and Residen�al Development Standards CN CC CC(2) CS Subject to regula�ons in: [. . .] Maximum Site Coverage 50% 50% 100% 50% Minimum Landscape/Open Space Coverage 35% 30% 20% 30% 18.14.020 Usable Open Space (Private and/or Common) 150 sq � per unit (2) 18.16.090 Maximum Height (�) Standard 35' (4) 50' 37' 50' Por�ons of a site within 150 �. of an abu�ng residen�al district (other than an RM-40 or PC zone) (5) 35' 35' 35' 35' 18.08.030 Daylight Plane for lot lines abu�ng one or more residen�al zoning districts Daylight plane height and slope shall be iden�cal to those of the most restric�ve residen�al zoning district abu�ng the lot line Residen�al Density (net) (3) 15 or 20 (9) See sub- sec�on (e) below No maximum 30 18.16.060(i) 18.14.020 Sites on El Camino Real No maximum No maximum Maximum Residen�al Floor Area Ra�o (FAR) 0.5:1 (4) 0.6:1 0.6:1 18.16.065 18.14.020 *NOT YET APPROVED* Atachment B 20 0160131_20231214_ay16 CN CC CC(2) CS Subject to regula�ons in: [. . .] Maximum Nonresiden�al Floor Area Ra�o (FAR) 0.4:1 2.0:1 0.4:1 Total Mixed Use Floor Area Ra�o (FAR) 0.9:1 (4) 2.0:1 1.0:1 18.16.065 18.14.020 Minimum Mixed Use Ground Floor Commercial FAR (6) 0.15:1(10) 0.15:1(10) 0.25:1 (7) (10) 0.15:1 (10) Parking See Chapters 18.52 and 18.54 (Parking) 18.52, 18.54 [. . .] (c) Exclusively Residen�al Uses Exclusively residen�al uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites iden�ﬁed in the Housing Element, subject to the standards in Sec�on 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following. (1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preserva�on provisions of Sec�on 18.40.180 do not apply, exclusively residen�al uses are allowed subject to the standards in Sec�on 18.16.060(b) and the following addi�onal requirements: (A) Residen�al units shall not be permited on the ground-ﬂoor of development fron�ng on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot eﬀec�ve sidewalk setback along the El Camino Real frontage, whichever is greater. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permited on the ground-ﬂoor El Camino Real frontage. (B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail. (C) Combining district use regula�ons and design and development standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. SECTION 8. Chapter 18.18: DOWNTOWN COMMERCIAL (CD) DISTRICT 18.18.060 Development Standards [. . .] (b) Mixed Use and Residen�al Table 3 speciﬁes the development standards for new residen�al mixed use developments and residen�al developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objec�ve design standards in Chapter 18.24. Non- *NOT YET APPROVED* Atachment B 21 0160131_20231214_ay16 Housing Development Projects and Housing Development Projects that elect to deviate from one or more objec�ve standards in Chapter 18.24 shall meet context-based design criteria outlines in Sec�on 18.18.110, provided that more restric�ve regula�ons may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Sec�on 18.76.020: TABLE 3 MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS CD-C CD-S CD-N Subject to regula�ons in Sec�on: [. . .] Maximum Site Coverage No requirement 50% 50% Minimum Landscape Open Space Coverage 20% 30% 35% 18.14.020 Usable Open Space (Private and/or Common) 150 sq � per unit (1) 18.18.110 Maximum Height (�) Standard 50' 50' 35' 18.08.030 Por�ons of a site within 150 �. of an abu�ng residen�al district (other than an RM-40 or PC zone)(4) 40' 40' 35' 18.08.030 Daylight Plane for lot lines abu�ng one or more residen�al zoning districts or a residen�al PC district Daylight plane height and slope iden�cal to those of the most restric�ve residen�al zone abu�ng the lot line Residen�al Density (net)(2) No maximum 30 30 18.14.020 Maximum Weighted Average Residen�al Unit Size(5) 1,500 sq � per unit No maximum No maximum Maximum Residen�al Floor Area Ra�o (FAR) 1.0:1(3) 0.6:1(3) 0.5:1(3) 18.14.020, 18.18.065, 18.18.070 Maximum Nonresiden�al Floor Area Ra�o (FAR) 1.0:1(3) 0.4:1 0.4:1 Total Floor Area Ra�o (FAR)(3) 2.0:1(3) 1.0:1(3) 0.9:1(3) 18.14.020, 18.18.065, 18.18.070 Parking Requirement See Chapters 18.52 and 18.54 Chs. 18.52, 18.54 [. . .] (c) Exclusively Residen�al Uses (1) Exclusively residen�al uses are allowed in the CD-C subdistrict, except in the ground ﬂoor (GF) combining district. However, GF combining district use regula�ons and design and development *NOT YET APPROVED* Atachment B 22 0160131_20231214_ay16 standards shall not apply to exclusively residen�al projects on Housing Element opportunity sites designated to accommodate lower income households. See Sec�on 18.14.020 for details. (2) Exclusively residen�al uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan. Such sites shall be developed pursuant to the regula�ons for the mul�-family zone designa�on (RM-20, RM-30, or RM-40) iden�ﬁed for the site in the Housing Element. SECTION 9. Chapter 18.28 SPECIAL PURPOSE (PF, OS and AC) DISTRICTS [. . .] 18.28.040 Land Uses Table 1 shows the permited (P) and condi�onally permited (CUP) land uses for the Special Purpose Districts. Table 1 Land Uses PF OS AC Subject to Regula�ons in Chapter: [. . .] Single-family dwellings P Manufactured housing (including mobile homes on permanent founda�ons) P 18.40. Mul�ple-Family (Housing Element Opportunity Site) P 18.14.020 Guest ranches CUP Residen�al care facili�es, when u�lizing exis�ng structures on the site CUP(1) Residen�al Care Homes P Residen�al use, and accessory buildings and uses customarily incidental to permited dwellings; provided, however, that such permited dwellings shall be for the exclusive use of the owner or owners, or lessee or lessor of land upon which the permited agricultural use is conducted, and the residence of other members of the same family and bona ﬁde employees of the aforemen�oned P [. . .] [. . .] 18.28.050 Site Development Standards (a) Development Standards. On Housing Element opportunity sites (City-owned parking lots): development standards are iden�ﬁed in Sec�on 18.14.020 *NOT YET APPROVED* Atachment B 23 0160131_20231214_ay16 Table 2 Special Purpose District Site Development Standards [. . .] (b) Open Space Impervious Coverage and Floor Area (1) Residen�al Use The impervious coverage and ﬂoor area ra�os shall be determined based on a sliding scale calcula�on. Table 3 provides the range of allowable percentages for the calcula�on. Allowable development for other site sizes between 1 and 10 acres shall be calculated on a prorated basis between the acreages shown in Table 3. Except that on Housing Element opportunity sites (City-owned parking lots), development standards are iden�ﬁed in Sec�on 18.14.020. Table 3 Open Space Residen�al Impervious Coverage and Floor Area Ra�o Scale [. . .] SECTION 10. If any sec�on, subsec�on, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision shall not aﬀect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal. SECTION 11. In accordance with the California Environmental Quality Act (CEQA), the City prepared an Addendum to the 2017 Comprehensive Plan Environmental Impact Report (EIR), analyzing the poten�al environmental impacts of the 2023-2031 Housing Element. On May 8, 2023, the City Council adopted Resolu�on No. 10107, ﬁnding that the Addendum and the 2017 EIR adequately analyzed the environmental impacts of the Housing Element, including Program 1.1A and 1.1B of the Housing Element, which this ordinance implements. // // // // // // // *NOT YET APPROVED* Atachment B 24 0160131_20231214_ay16 SECTION 12. This ordinance shall be eﬀec�ve on the thirty-ﬁrst date a�er the date of its adop�on. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Atorney City Manager ____________________________ Director of Planning and Development Services