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HomeMy WebLinkAboutORD 2790•• : '\ • • • C. ~J·GiN.,\L ORDINANCE NO. 2790 ORDINANCE OF THE COUNCIL OF THE CITY OF PA~ .. O ALTO AMENDING T!TLZ 18 OF THE PALO ALTO MUNICIPAL CODE IN VARIOUS P~SPECTS The Council of the City of Palo Alto does ORDAIN as fol~ lows~ SECTION 1. Section 18.08.010 of the Palo Alto Municipal Code is amended to read as follows: "18.08.010 DesitnatioE,_ of 2eneral district~. The several classes o: gsneral d~s€ricts hereby and into.which the city is divided are designated as follows: R-E R-1 R-DtJP R-2 R-3-G R-3 R-3-P R-5 R-4 A-R P-F !IDA C-1 C-2 C-2:CFS C-2:GSC C-2:GM C-2:FGM c-3 M-1 M-2 L-M L-M-.1 L-t-t...;'s P-C 0-A o-s A-C F Residential Estate District . Single Family Residence District Duplex District Limited Apartment District Garden Apartment District Neighborhood Apartment District Residential, Professional District General Apartment District--Limited General Apartment District Administrative-Research District Public l''acil ities District High Density Garden Apartment District Neighborhood Business District central Business District Central Business; Commercial-Food-Service District Central Business; General Service Commercial District Central Business: General Merchandise District Central B~siness: Finance-General Mbrchandise District · · General Commercial District Light Industrial District General Industrial District Limited Manufacturing District Limited Manufact,uring--Small Lot District Limited Manufacturing--Large Site District Planned C0rnmunity District Open Area District· Open Space District Agricultural Conservation District Flood Plain D~~trictR SECTION 2. Sect.ion 18,08e020 of the Palo Alto Municipal Code hereby is amended to read as follows: I J \ . • • 11 18 ~ oa ., 020 Desianation of comb in ina districts. In addition to the lorego!ng-cfasses-olistrlcts, certain combining districts a.t"e established and are designated as follows: ~~-A'i "-Bn "-C" ~~-o" "-L•• "-S" ~~-R" ''-T" SECTION 3~ Agricultural District Special Building Site District Civic Center District Site and Design Control District Special Apartment Lot Area District Special Parking District Restricted Multiple Family District Residential-Commercial Transition District" Chapter 18o81 hereby is added to the Palo Alto Municipal Code to read as followsr "-T" Sections: 18~8lo010 l8o81.02Q 18.8L030 18n81G040 18.81~050 18e8le060 18.,8lo070 18.81~060 18" 81.090 18~81.100 18.81.110 18 ;8lo 120 l8,8Ll30 "Chapter 18c81 RESIDENTIAL-COMMERCIAL TRANSITION DISTRICT REGULATIONS Scope and purposeo Limitations on permitted useso Mixed use permitted" Conditions~ Conversion of property~ Pe:::-mits~ Lot area. Width and coverageo Front, rear, and side yardsa Building height limit~ Automobile parking~ Signso · Usable open space. 18~8lo010 Sco~e and eurpose~ (a) Purposeo The purpose of the t'-T" distric is ·ro permit the orderly Cfevelopment of certain nonresidential uses in conjunction with residential uses jn areas that serve as transitions between commercial and residential areas., Development of such a mixed use in the "-T" district should foster the retention and maintenance of existing residential structures and enhance t,he character of the neighbqrhood. -.(b) Allowed combination of districts~ An R ... 2, R-3, R-3-P, R-4, OX' R-S district may-be coii\15inecf wi'Efi-a "-T" district. (c) ~copf<' Except as provided in this chapter, all of the requirements o the Rdistrict with which .the "-T" district is combined.apply to a mixed use permitted hereunder~ In case of conflict, the provisions of this chapter shall prevail, 18~81~020 Limitations on ~ermitted usese The combination or a· "-T" district with an R a!striCf by !£self shall no.t elimi­ nate any us~ otherwise permitted. (with or without a use 'permit) in the R district or a~y r~~~l~tion applicable to such use. The provisions of this chapter shall ·app.iy uul;; t·fhcn ~ :nnnr'="~!:!::::&~.ial use is to be combined on the same lawful building site with a residential use permitted in the R district with which the "-T" district is combinede -.2- ' . • --------------........... • l8,8l,Q30 ~i~~d-~s~ e~r~A~q-The followin9 mixed use is permitted in the ·"-T~ d1str1ctt · (a) Any res~dent~al use and its accessory uses permitted in the R district with whl.ch the "-T'' d1str1.ct is combined., plus (b). Any nonresidential use permitted in the C-2· Central Bt1siness District vtithout a use permit and its accessory uses, e:ccept: . {l) Recreation and·amusement enterprises other than neighborhood recreat1onal uses, and . (2) Parking· garages and parking lots not accessory to the mixed use~ 18~81~040 Conditionse A mixed use is permitted only qnder the following coild~ons: (a) Net floor area< The total net floor area of the non~ residential· use or. uses -may not _exceed the total net floor area of the residential use or uses: (1) Commbn halls, stairways, and ~imilar common areas shall be excluded from the net floor area calculation~ (2) Exterior wallsf unenclos~d porches.and patios, uninhabited basements and attics; areas beneath overhangs, garages, and carports shall be excluded from the net floor area calculated for the residential use~ (3) Exterior walls. halls.r restrooms 1 utility vaults, elevator shafts. areas beneath overhangs, areas designed for parking or loading,. and building maintenance areas shall be ex­ eluded from the net floor area calculation for the non~esidential use., (b~ Occupenc~ of d\-lellinq units.. Each dwe1linq unit for the resident1al use shaii-l5et"'the bona· fide, full-time principal residence of a f·amily, as defined by Seccion l8~04~2l0o (c) Residential use reauired. It is unlawful to suffer, permit, or allow termination of the residential use of any struc­ ture~. Demolition or destruction of the premises is included herein. All resid,;ntial areas of a structure shall be established and available for occupancy prior to occupancy of any portion of the structure devoted to !;on-residential . use. (d) Effect of nonresident1al use. Any nonresidential use may not be harmful or unreasonably oifens~ve under the circum­ stances to any adjo1n1nq resident1al use by reason of em1ssion of noise, dust: gas, smoke, fumes. odors, ·v1brat1ons, or illum1- nation, or by reason any other condit~on determined by the build1ng ~fficial to be so harmful or unreasonably offensive. · 18.81.050 Conversion of Erope!!Y~ (a) Mixed use deeme~ residential. For the purpose of apply~ng sectfon-Is.22<140, - section 18,26,140, and any other provis~on of th~s code pro- -3- • ,. · . . . • • hibiting the conversion of residential property or structures to nonresidential uses, a lawful mixed use is deemed to be a totally residential use and, therefore, is not a prohibited conversion of residential property or structures. (b) Mixed use buildings deemed residential~ For the purpose of applying chapter 18~94 on nonconformTng uses and non­ conforming buildings, a building used for any component of a lawful mixed use is deemed to be a building o.riginally designed and built for residential usea (c) Noncompl~inc; buildin2_s. Upon the termination of any component of t e mixed use or violation o£ a condition for the mixed use, any building or structure not conforming to the regulations for the resiiential component of the mixed use in the R district with which the 11 -T" district is combined shall be deemed a noncomplying building until a mixed use is reestablished~ (d) Limitation on subsequent uses. The nonresidential component of a mixed use may not be continued as a nonconforming use after the mixed use terminateso Any property, structure or portion thereof last used for a lawful mixed use subsequently may be used only for: {1) Another lawful mixed use, (2) A residential use permitted in the R district with which the "-T'! district is combined, or (3) A use permitted in the R district with which the 11 -T 71 district is combined if the building or at.ru~ture for such use is a complying building under the regulations for said R district, subject to any conversion prohibition in said R district~ 18 0 81 G 060 Permits" (a) Certificate of use and occueancy. The owner of .:1ny land in a 11 -T"a1s£rict which is to con"Ea~n a mixed use shall make application for a certificate of use and occupancy under the provisions of chapter 18o96 for each resi­ dential and nonresidential use prio~ to establishing such use and annually thereafter ·shall apply for a renewal of such a permito Such a permit shall be transfe~able to a new owner. (b) Controls. Prior to the issuance of any building per­ mit or use and occupancy permit for a nonresidential use, the building official may require evidence of the existence of, and condition the permit upon the continued existence in good opera­ tion of,. adequate controls, measures, and devices to insure and protect the public intere.Jt, health, comfortp convenierice, safety, and general welfare from violation of any condition contained in section 18~8lo040 hereof~ 18 .. 81~070 Lot area., The lot area regulation fo·r a mixed use shall be that app~1cable to the residential use in the R district with which the "-T" district is combined~ l8.8lo080 Width and covera~eo There are no width or cov­ erage regulations in the "-1" alstrict for a mixed use~ -4- ' ,. . .. • • • • 18.81.090 Front, rear, and side yards. Front, rear, and side yard regulaffona lor a mixed' use sfia1! be those applicable to the residential use in the R district with which the 11 -T" district is combined. 18.81.100 regulation for dential use in combined~ Building hei~ht limit~ . The building height limit a mixed use s all be that applicable to the resi­ the R district with which the "-T" district is 18o81~110 Automobile parkingo The parking regulations for a mixed use shall Ee those specified in chapter 18.84 and chapter 18.88 in lieu of the parking requirements in the R district with which the "-T" district is combined~_ 18.81.120 Si~ns. Signs for a mixed use shall be the same as permitted 1n the c-2 district, except: (1) No sign may exceed ten (10) square feet in area. {2) The total area of all signs shall be a maximum of twenty (20) square feetQ (3) Not more than two signs shall be permitted for any one residential or nonresidential use. (4) Not more than three signs shall be permitted for the entire mixed use. (5) The internal illumination of any sign and the use of neon tubing or other lighted tubing for sign purpoaes is ex­ pressly prohibited. 18,.8Ll30 Usable open spac~~-There is no minimum usable open space requirement in the "-T" district for a mixed useo" SECTION 4~ Section 1So96o020 of the Palo Alto Municipal Code hereby ia amended to read as follows: "18.96~020 Residential usese A certificate of use and . occupancy shall E'e required for. a mixed use as specified in chapter 18.81 of this code& Other­ wise, no such certificate shall be required for residential uses and buildings permitted in R-E, R-1 1 and R-2 districts, except for home occUpations." SECTION Se The Council of the City of Palo Alto finds and declares that no significant adverse environmental im- pact will result f~om passaqe of this ordinancea -s- ·~ \ "· . . . • • SECTION 6. This ordinance shall become effective upon the expiration of thirty days from its passage. INTRODUCED: May 6, 1974 PASSED; May 20, 1974 AYES: Beahrs, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES: Clay, Berwald, Norton ABSENT: None Ray or APPROVED: 3 _ 7Xl:5r I / / ~ . 4 : ci~ Ma~er • APPROVED: ~Mra[~i~·~ -6-