HomeMy WebLinkAbout0319.091,,---
I
-
June 13, 1991
HONORABLE CITY COUNCIL
fila Alto, Cal ifornh
R-2 and RHO ZQne O,str1ct Amendme~ts ~nd
lonina Ordinance Cleanup Amendments
Members of the Council:
SUORI ! N BRIEF
On Hay St 1991, the Pianning Commission ,onsi~ered and recommended approval of
amendments to the R-2 and RMO laning District Re:guiations to incorporate. is
peY'll'lanent regulat ; ons, i ntoeri m Ord i nance No. 39]7, with mi ncr en anges. A ho
consjdered .ere three additiona.l text amendments to clarify and amend certain
sectiens of th~ Zoning Ordinance. ,.. more dehned description of tne proposed
iilIterldments is ir'lc:1uded in the atta.ched Planning Cormtission sta.ff report. Minuhs
of the Planning COlTlTliSsion meeting of l4ay 8th aT! included in your Council
packet.
BACKG R!!!JNp'
[mergency Ordinance No. 3977 was pissed by the City Council on August 13, 1990,
Ind is enforceable for i period of one year from that date. The City Council
directed the P'hnning Corrrnission inti staff to !'lake recclT'mendati'ons for the
ultimate rev;siDn Df thE R-2 and RMD Zone District Site De~elopment Regulutions
p!'''ior to the expiration of the if1terim ordina.nce. 1M ne ... zon-ing text amendme.!'1ts
must be in .ffect before August 13, 1991, or toe R·2 an~ RHD Zone District
Regulations 'Will revert to th-ose in effect prior to the approval of Ordir.ance No.
3i77.
PWIHING C9!t!)SSJOK ACTION
The Planning Corrmission voted unanimously, with (orrmissi{)ners Glazier and Hirsch
absent, to recollll1end approval of the following zoning text a..rnendments. The
attached ordinance has been revised to reflect the Ptanning Commission
r!commendations.
l) Amendment of the R-2 tone District Regulations by incorporating Ordinance
No. 3977 wit~ the following change.: I 200-square-foot FAR allowance for
the purpose of provlding c-overed parking when there exi sts a two-fami 11
dC!~elopmentj height and floor restrictions for <substandard lot
development; and permitted yard encroachments.
CHR:319:91
-L
': .-
.-.
,--1
-
2)
3)
4)
---.-----'~' -... _.
o
Ame~dme~t of tht RMO Zone District R!9ul.tions by incorpoTlting Ordinance
No. H77 with a revi sed FAR limihtion of 0.50 with • 200·s~u.re· foot FAA
allowance for purposes of prov7ding ccvered parklng requ;re~ for two~unit
developaent and peneitted yard (~croachments.
Amendment of the Height definition for deve;opmeot in the R-2 acd RMD
Zone Districts.
Amendment of the nonconforming second dwe1ling unit provisions of the R-j
and R-2 Zone District •.
5) Amendment of the lM lone Di,trict Reg,htion. to include churche, and
reliqfous institutions as conditional uses.
BM!l rOOf QISTRlCI flOOR AREA MllQ
The Piafll"ling tonmissiofl recommend!!d. for the RMD lone District a O.SO FAR
limitation plus. an additional 200-sQt.:are-foot exemption for covered parking ..-here
two units are deye'oped~ They reasoned that the zone is generally transitional
to coilnner..::hl and lI1ultiple-familY areas and that it cent.ins iI heterogeneous mhc
cf density and scale. Evidence of the varying density and scale in the RMD Z{lne
District ~as provided by a ~ember of the pub1ic during the public hearing. His
inforlllatfan was gathered from the Planning and Buf1ding Department fi1es anc was
effect iva in convey~ng the nature oi existing de~e'opment ~it~in the RHO Zone.
Approxi~tely 80 per,ent of the existing RHD Zoned lots are developed at an fAR
of 0.50 or ~igher. Of the remaining lat., 11 percent ore de,.loped at an fAR of
0.45 or higher and lIany of these properties exhibit higher densities thar,
currently allowed. The Planning COlMlissior., in an attempt to impose site
develcpmE:nt re91,i~i.tions .... hich are consisttlt1t with the current development
~attern5 and wi1i not create iI high number of noncomplying properties.
r~c.ommended t higher 0.50 FAR 'imitition for the RHD Zone. This fAR is the some '5 that allowed in the RM-1S Zone Oi,trict.
CHARACTER Qf THE R-2 ZONE OISr,ICT
There are 383 parcels currEntly zonEd R-2 in the City of Palo Alto. The current
'"torio ordinance FAA li.Hot;on is 0.45 for the first 5,000 ,quare feet of. lot
and 0.30 for iny square footaqe in excess of ~,OOO square f~et. The Planning
Commission is recommending the idoption of those percentages with the addition
of i 200-square-foot exemption for purposes of provlding covered parking where
two-famlly uses exist or are planned. The R-2 Zone District has iI required
lIlinimum lot size of 7,500 square feet for two-family deve1opment. Of the
existing R-2 zoned parcels, 156 (41%, are at least 7,500 square feet in slze and
can accOJIlIOdate t~o-fami1y development, consistent with the density requirements.
T~e rtma1n,n9 227 (S9%) ira less than 7,500 sqUire feet i~ ~i!e. Tne tommissicn
cOl'h:luded that an FAR that is reflectfve of the R-l Zone District Site
Development Regulations is appropriate in the R-2 Zone Oistrlct for three
reasons: 1) the majority of R-2 properties are of insufficient size to permit
the develop<>ent of. second Ii,ing unit; 2) the R-2 district has historically had
regulatiOns whic~ .. itched t~e R·I district: and 3) the R·2 district is designated
in the Comprehensive Plan as i single~family ~se.
CMR:3l9:9J
p:\CI!>r\r2rmd
L
6/13/91
Page 2
,
• ; .
, -,.
•
,
-~.-"
":.'"~;.~
,,~.
of
• r
RECO!t1EtlQAJ 1011
Staff concurs wit, til. Phoning Connission reconmendation that the City Councn
approve th! Zoning Ordinance text amendments contained in the attaded ordir.ance.
Respectfully submitted,
~Yr~;Ph
NANCY AA06(;x lYTlE t:..;
oning Adm~rator
JU~~
Ass I stant C; t1 MJuq/,r
KENNETH R. SCHRElBER
Director cf Planning and
Community Environment
~tathment$: Revised Draft Ordinance adopting text amendme~ts
PlannIng Commission Staff Report dated April 15, 1991
Staff Memo to the Planning Conmission dated May), 1991
-
cc: Sylvia Seman, Pa1~ Alto Housing Corporation
eMB:)I!:!1
p: \car\r2nnd
6/13/91
Page 3
~
I
-
OPDINANC"E NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING TITLE 18 (ZONING) OF THE PALO _UTO
MUNIC.IPAL CODE BY AMENDING SEC'!'IONS 18.04.030,
18.12.070 ... 18 .. 174070., 18.19.05r)~ AND lB.6iJ.040 l1~D
ADDING SECTIONS 18.17.055, 16.17.080, 18.17.090,
12.19.CaC AND 16.19.090
The Council of the City of Palo Alto does ORDAIN ~s
follows:
SECTION 1. subsection 18.04.030 (67} [Definitions) e,f the
Palo Alto Municipal Code is hereby amended to read:
(67) "H~ight'" :means t.he vertical distance
above grade to the highest point of the coping of
a flat roof or to the deck line of a mansard roof
or to the average height of the highest gable of ,a
pi tC,l1ed ~r hipped roof, except that in the R-l, R-
2";'_;_:a~,",,RMD districts the height of a pitched or
hipped roof shall be measured to the height of the
peak 0':' highest ridge line. The height of a
stepped or terraced building is the maximum height
of any segment of the building.
SECTION 2. Section 18.12.070 (R-l District Regulations] of
the Palo Alto Municipal Code is hereby amended to read:
1'& .. 1.2.070 special requirements. The follo'",ing special
requirements shall apply in the R-1 single-family district:
(a) professional and medical office uses, (except
product testing and ar.alysis, and prototype development), existing
on July 20, 1978 and ... 'hich, prior to that date, "w.'ere la',.,fi.ll
conforming permitted uses or conditicnal uses c'per-ating subject to
a conditional use permit, or \oIhicn uses .... ~er-e, prior to July 20,
1978 located in an R-1 district ... ·hich vas i:uposed by rea.son of
annexation of t.he property tc the. city without b€!nefit af pre~oninq
and which, prior to the date ot annexation, ...,ere la .. 'ful conforming
permitted uses or conditional uses operating subject to a condi
tional use permit, may remain as qrandfathered uses and shall nat
be SUbject to the provisions of Chapter 18.94.
(1) Such uses shall be permitted, • .rith01 . .:.t
necessity to comply "With site development regulations., to ren-,cdel,
improve, or replace $ite improvements for continual use and
occupancy by the same use; provided, tl".at any such remodeling,
improvelIlent or replacement shall not result in increased flocr
area, nu~er of oftices, height, length, or any other increase in
size of the improve~ent.
replace~ent of
(2) Ani' such remodeling,
any building designed and
1
improvement, or
constructed for
-.
~.
-
r-esident ial use shall be subj ect to the iSSlJanCe of a cond i ticna:l
use permit in accord with Chapter 18.90.
(3) If a use deet:ed grandfathercd pursua_Iit to
this subsection (a) ceases and thereafter remairts disc .. mtinued for
t'Welve consecutive months, it shall be considered abandoned and ~C;.y
be "l'E'_placed only by a conforming us~.
(4) A use deemed grandfathercd pursuant to
this subsection (a) which i5 changed to or replaced by a conforming
use shall not be reestablished, and any portion of a site or any
portion of a building, the use of ..... hich changes from a grand
fathered use to a conforming use, shall not thereafter be used
except to accommodate a conforming use~
(5) In the event of redavelop!:1ent of all or a
portion of the site for permitted residential uses, such profes
sional and medical office uses :may not be incorporated in the
redevelopment, except that this provision shall not apply to
penn anent conversion to residential use of space .... ithin an existing
structure now used for professional and med~cal office uses.
(:tJ) Two-fa_roily uses, except 'Where one of the units is
a"'leqiil 'n"oncoiiforming detached single family d .... ·elling, as described
!_n;i",sub~_~Ctl,ori ;(cJ ~ -and mult'iple-family UEes existing 0:1 July 20,
1978 and""which, prior to that date, 'Were la'la'ful conforming
permitted uses or conditional uses operating purBuant to a
conditional use permit, or -which uses were, prior to July 20,
1978, located in an R-l -district .,,;hich was imposed by reason of
anne~ation of the property to the city 'Without benefit of pre~oning
and 'Which, prior to the date of annexation, were lawful confo.rming
permitted uses or conditional uses operating subject to a condi
tional use permit, may remain as grandfathered uses and shall not
be subject to the provisions of Chapter 18.94. Such uses shall be
perrr,itted to remodel, improve, or replace site in'.pro·'iements on the
same site~ without necessity to co:oply with site developIrlent
regulations for continual use and occupancy by tt'.e same use;
provided, that any such remodeling I improvement, or replace.::ent
shall not result in increased floor area~ nUlT'.ber of d' .. ·elling units,
height, length, or any other increase in the size of the improve
ment~ If a use deemed grandfatr.ered pursuant to this subsection
(b) ceases and thereafter remains discontinued for t .... 'el ve consecu
tive months, it shall be considered abandoned and may be replaced
only by a conforming use. A use deemed gr?ndfathered pursuant to
this subsection (b) ~hich is changed to or replaced by a conforming
use shall not be reestablished, and any portion of a site or any
portion of a building, the use of -which changes from a grand
fathered use to a conforming use, shall not thereafter be used
except to acco~odate a conforming use.
(c~ Notwithstanding any provisions of Chapters 18.88
and/or 18.94, l.n the case of a legal and nonconforming second
detached single-family d ..... elling e~istir.g prior to July 20~ 1978 on
a lot, such nonconforming \.~se shall be permitted to remodel,
improve~ or replace site improvements on the santE! site without
2
,
..
... ~ ..
. -----'. , -
... ~~~~~.
i
l
-
.,".-.?: ,-
o
nacessity to comply ~ith site development regulatio~s; provided,
that any such remod~ling, improvement or replacement shall not
result in increased floor area, number of dwellIng units~ height,
length, or a~y other increase in the size of the improv~ment.
~J:L~_ .. Section 18.17.05-0 [R-2 District Regulat.ions] of
the Palo Alto Municipal Code is hereby arr.end~d to read:
18.17.0S~ site ;:!evelopmQnt regulations. The follo"Jing
51 te development regulations shall apply in the R-2 t\Oio-fanily
residence district: provided, that ~ore restrictive regulations
may be recommended by the architectural reviey board and approved
by the director of planning and community environment, pursuant to
Chapter Hi .. 4 a :
{a) site Area. The minimum site area shall be 557
square meters (six thousand square feet).
(b) Site Width.
18.1 ~eters (sixty feet)~
The minimulll s1 te width shall be
{cj Site Depth. The lninimum site depth shall be 30.5
meters (one hundred feet).
(d) Front 1ard. The minimum frent yard {"setback n )
shall be 6.1 meters (t~enty fe€t).
(e) Rear Yard. The minim1Jm re-ar yard ,"setback"')
shall be 6.1 meters (twenty feet).
(f) Side Yards. The follo .... ing side :yard regulations
shall apply:
(l) The minimum interior side yard shall be 1.8
meters (six teet).
(2) ~he minimum street side yard shall be 4.9
meters (sixteen feet).
(g) Residential Densi t:r". Not lI'.ore than one single
family dwelling shall be permitted on a site of less than 697
square meters (seven thousand five hundred square feet). Not more
than tliO dwelling units shall be permitted on a site of 69/ square
meters (seven thousand five hundred square feet) or greater.
(h) Site coverage. The following regulations shall
apply:
tl) The maximum building site coverage shall be
thirty-five percent of the site area.
(2) covered patios and overhangs othenwise irt
compliance with all applicable laws ma:r~ cover five per-cent of the
site area in addition to the maximum site coverage of thirty-five
percent prescribed in subdivision (I}.
3
9J%04 b.lo OOJCI172
•
I
I
I
,",
-
. .
(i) Height. (lJ General.,,' The ,maximut'l height shi!lll
be. ie".,.? 11l~1:e:f"9 (tfl:i~ty, tl-,ES' teet:) 9.14 meters (thirty feet) e.s
~,~as.u.rE;d ':',to: the,' peak of tne roof.. ,fls.e', eE, ofle-SHuetl;lY€ ex~
t'eTevIs'iefk and Faeia aRt.eRnttS, ena efiimllE} s-a-nd----fl'l:le:s shall ew.t.end
aB-3'.e SF ee:J6Fui a eIayH-gA.-t 1l1aRe na.i-fflj---i3 hei§J~-3-o-t---·me-t.-e-r5 (ten.
feet-) at---c-aeft siae BE' l"ear sit-e.-t-if'le aF!oa afl: anq·:t·e---e-t tel: t:y fi-Y-e
deqrees.
(2) Daylight Pian~-' •. ,No 'ljitructures except those
d':e,scriJ5ed'.:lri sUbsections (1) l (ii) and (iii)' cf this subsection (~)
$h,all. extend. beyoTld a dayl ight plane having a h~ight of 3.05 meters
(ten', f~et) at each side lot line and' an angle of forty-five
.tlegre~6i;" nQr beyon:1 a .aaylight plane having a height o'f 4:. S8 meters
('sixt$e~ feet) at the front or rear setback line and an angle of
~ l~X,;:,~~gr,e.~!; ~
'(~) Television and radio anten."1as1' chi~ney$ and
(ii) Dormers r roof decks, gables or similar
~rchJteaural ~eature..s; provided that the hori zontal length of all
spch-:~:,:~~a.':ui~s'::, ~t.all "~t exce&a a combined total of 4.:57 meters
(t,ifteen"feet}--on each sicle l nor shall the beight of such fecatures
€J~~.e,~,::<:{:,"3~, meters. (twen,ty-four feet};
'(iii} Cornices, eaves ~ and similar archi tect-ural
;f"e:atUf~s~:',,':"~Xc~U:d.tn9' ,flat. or continuous walls or enclosures of
p.sabl~<'in~er;or space, IC'ay extend.. into a required daylight plane a
distanc~,',n9t "e"ce~dinq O~ 6-lI1et~rs ,(two .feet). ChiDll'leys may extend
illto, /th.E(":,required dayli,ght -plane a -distance not to exceed the
~iniDi~":a,l}~p,iI1~ pUZ;,~uant t~ ~pter 16.04 of this ,?ode.
trpo.ri""i~qu~st 1;)1: the build'ing official" any person building
or::'iria.:k.ing-improvements to a structure shal~ provide a certification
that, the':'structure J as built, complies \With the daylight plane
prov i,s ions , of· this subsection (2;. Such certification shall be
prepared, hy'a licensed engineer~ architect or surveyor and shall be
pro~,i,dEl;Q p;rior to t'r~e inspect'io!l ..
(j) Accessory Facilities and Uses~ Regulations
governinq accessory facilities and uses, and governing the
application of site deve~op1::lent regulations in specific instances,
are estaDlished by Chapter 18.88.
flc} Floor Area Ratio. The maximwn allo';o'able floo::
a::e:a' l:atib sha11 be. as follows:
(1) For lots five thousand square feet or less,
~he,maximum ~loor area ratio shall be .45.
(2) For lots in excess of five thousand square
feet'~ ',the" 1r.axi'lnum '-floor a'rea ratio sha11 be .45 fo"r the 'first five
~hoosand ,squ~re feet 'and .30 for all square footage in excess of
'five .thousand square feet, except as provided in subsection {n) ~
4
•.
.~ . ':.«,-.,
~~~'!'f:f>,
.l,-~
f --
L
(3) Not"'ithstandinq supsections (1) and OL the
maxirinim' all'o~able h,ollsa size shall be six thollsand square feet .
.-O.} Ught,ing. Recreational and s'ecurity lighting
sflalr::~':'P~rmltte~ 'o,nly so long as the lighting is shie:ded so that
the""d#"ect, _,light ,do.es not extend beyond t..""le property where it is
loc::at~d~" "Bo,th' ..t:e<::reational and s6C\,;;rJty lighting, if free
sta:hdin9'~"'s~al1 ,l?e restricted to twelve feet in height.
"fBi) Ga'rag-e Doors ~ For -garages 1 oca te.d 'Wi thin 15.24:
meter's' (.fifi~Y"teet) from a street frontage, on lots less than 22.96
1r.eters ,(seventy-five feet) in 'Width .. tn,1i! total cOlI'.hineo width of
-gai~g-e'::406,r,''s which 'face the stre-et at an angle of le>ss than 90
p:,e9',r~e~,' sl';t-,~:1,1,,'not exc~ed 6.1 meters ~tW'enty feet}.
{ri,>, 'EXemption from Floor Area I.imita.tions for Pu.i'po'ies--'of ,Providing Additional Covered Parking Area Reguired fox
'I1.16t:falJi.i~y Us'es. Por two-family uses, floor area limits :may be
exoes9;ed _by ',a ',maxi'rnum ,of 2:00 square feet, for purposes of prov idlng
o;rie,:,r~,quir~d 'covered 'parking space.
t*rJol Special Setbacks. Where applicable, setc'ack
lines imposed by a special Setback Map pursuant to Chapter 20.03 of
this code shall be followed for the p·urpose of deto?::rmining legal
setback requirements.
§_ECT_LON 4. Section 18.17.055 is hereby added to Chapter
18.17 [R-2 District Re~ulations] of the Palo Alto Munic~pal Code to
read:
1.,,';:,'17-.-(i'S,s--S'it'e:::,,4evetopaent. requlations for sUbstan~arr1
lo'tilf.: ,-" The",fo?-~owinq::site developlr.ent regulatio!'ls ~hall apply to
a~l:_~~.{'-co,nst'Plction on substandard: and flag lots within the R-2
si~-g-le-falitily ,;",and two-family residence district in liosu of
~o'tr..l?~!e.ble p.rovision~ in Se.ctions 18.17.050 above.
(a) ,SU!:;st'aridard Lot Defined. For the purposes of this sectIon .. ; a.,'substandard lot sha~l be a .lot with a width of less than
'fifty "teet',or,: a" depth of less' than eighty-three feet and an area
1esif :thari" eiqhty-th-ree 'percent of the mini:n'.UlfI area req'..lired by the
zor:~ng""Cf,:'the',,~a~cel. '
(b) , Fl~g Lot Defined. Flag lot shall be defined as set
forth iri'sectioh'18.04Q.D30 of this code~
(6) _ Height. -The max.'J.-rn.um height shall be 5.1817 I:'leters
(s'eveJ1te~' feet) I as measured to the peak of. the roof.
(d) Habitable Floor Limitations. There s.hall be a limit
Of"'OIte' habltab1e 'floor. Habitable floors include lofts, mez zanines
and.'-,similar areas but exclude basements.. 'I'he chief building
official ,,'shall 'make the tinal determination as to ~1'1hether a floor
is 'habitable ..
5
L
w
''': '
• •
-
,:(ej, ,:~nngle~t~Di;ll'y"and two-iamil.y horo.es on s.ubstandard lots
Md" flaq·::1Q'ts ,,'e:l(istirtg _"on' A,uqust ~~ 1991 and 'Which prior to that
dat,s, _wel':e ," ,',1aw'£ul t', _,' C9.mplying' stnJctures. may remain as legal
)1011comp~}'1~ :-,~tr?ctUr~s"" pr~ided ... however, ,that in t."1.e case of a
conflict' be:t\r.een ~e 'p'rovisJ._ons: of thiS" sect~on and tl .. e provisions
of ~~apt,e,:r:, ~~:!,9,.(',>,,;th.i,.$ ",sect:~on shal~ control. Such structures may
remain 'a,l1~ lnay be,re:~oQel~d": il%1proved or replaced 'Without complying
with the' si,te_ 'd,evelopment ',re,g:ul,ations contairled in this section 50
long-as a~y S'lJch re;mOdelin9t improveltlent or replacement does net
rssult;,;,i:r:l,-"~,!.,::h¢gJl~ '::a~v:e'''5~:1a17' meters {seventeen feet} .or any
additiOnf'Lha}'l,tll-1>le floor aT"a above a first habitable floor,
except;," tha~::,any",s~rllcture daJ?:aged ,or destroyed by natural disaster
(a.u<:h a,s' t:;re;,:,'f:l?od or earthquake) may be repl~ced. to its previous
size"vitho~t ,:reqard to,<"th:e heiqht and habJ.table floor limitations
t.~,~"b,;i '~~is $~,~lo,I?' __ -'
;;t ff" ti6'thfn9_',':":CQnta'iri'ed in thie; seccion shall affect or
ot~erwlse" 'rede~inE!:" the ,'provis5.ons of section 1.8 ~ sa. 050 as to th.;
determinatio:n ',of ... whether a "substandard lot ll'lay be used as a -lot
under tbi~ title." ,
SECTION 5. section 18.17.070 [R-2 District Regulations] of
the Palo Alto Municipal Code is hereby amended to read:
18.17.070 Special requirements.
requirements shall apply in the R-2
district:
The following special
t~o-family residential
(a) Professional and medical office llses, (except
product testing and analysis, and prototype development) , existing
on July 20, 1978, and which, prior-to that date, 'Were la ... ful
conforming permitted uses or conditional uses operating subject to
a conditional use permit, or-'Which uses were, prior to July 20,
1978, located in an }\-2 district ""'hich ""as imposed by reason of
annexation of the property to the city ""ithout :::,enefit of prezoning
and which, prior to th~ date of annexation, 'Wer~ la.ful conforming
pend tted uses or conditional uses operating subj eet to a condi
tional Use permit, may remai~ as grand fathered uses and shall not
be subject to the prOVisions of Chapter 18.94.
(1) Such uses shall be per:r=litted, !Without
~ecessity to comply vith site development regulations r to remodel,
~mprove, or replace site improvements for continual use and
occupancy by the same use; provided, that a::1Y such remodeling,
improvement or replacement shall not result in increased floor
area, number of offices, height r length, or any other increase in
size of the improvement.
(.2 ) Any such remode ling,
re.placement. of any building designed and
residential vse shall be subject to the issuance
use permit in accord vith Chapter 18~90.
improveme_nt, or
constructed for
of a conditional
(3) If a Use deemed grand fathered pursuant to
this subsection (a) ceases and thereafter remains discontinued for
-,
-
-
1 ", ~r· .
tlJelvEI: consecutive months. it shall be considereJ abandon-ed ~:ld may
be repl~ced only by a conforming use.
(4) A llse deemed grandfathered pursuant to this
subs~ction (a) which is changed to or replaced by a cu .. forming use
shi!ill not be reestablished, and any portion of a site 0::--any
portion of a building, the use of 'Which changes from a grand
fathered use to a conforming use, shall not thereafter be used
except to accommodat~ a conforming use.
(5) In the event of redevelopment of all or a
portion of t~e site for permitted residential uses, such profes
sional and medical office uses may not be incorporated in the
redevelopment, except that this provision shall not apply to
pennanent conversion to residential use of space ·"oithin an existing
struct~re now used for professional and medical office uses.
(b) ~o-f",,:mily uS,es" e.xcept ..... het'e one. of the units. is
a"J:~g~1'ric1iCon~or.min9, detached single family dwelling, as described
in. Sl:l.b:SeC~,lon", {c) I and multiple-family uses existing on July 20,
15i78~ "and' '"Which, prior to that date, were lawful confondng
permitted uses or conditional uses operating pursuant ~o a
co.,ditional use peTD'tit, or .... hich uses were, prior to Jul)~ 20, 19"78,
locdted in an R-2 district. 'Which "Was imposed by reason of annex
ation of the property to the city .... ithout benefit of pre zoning and
which, prior to the date of annexation, "Were lawful con fanning
permitted uses or conditional uses operating subject to a condi
tional use permit, may re:main as grand fathered uses and shall not
be subject to the provisions of Chapter 18.94. Such uses shall be
pennitted to remodel, improve, or replace site improvements on the
same site, vithout necessity to comply 'Jith site development
regulations for continual use and occupancy by t.he same use;
provided, that any such remodeling, improvement, or replacement
shall not result in increasEd floor a!"ea r nlilt'.bet' of dwelling units,
height, length, or any other increase in the size of the imprcve
lI1ent~ If a Use deemed grand fathered pursuant to the provisions of
this subsection {b' ceases and thereafter re:r,ains discontimJ.,=d for
twelve consecutive mo~ths, it shall be considered abandoned and may
be. replaced only by a conforming use. A use deemed grandfathered
pursuant to the prOVisions of this subsection (bJ which is changed
to or replaced by a conforming use shall not be reestablished l and
any portion of a site or any portion of a building, the use of
which chanqes fro~ a grandfathered use to a conforming use, shall
not thereafter be used except to accommodate a conforming use.
(C} Notwithstanding any provisio:ls of Chapters 18.88
and/or 18~94, l.n the case of a legal and nonconforming second
datached single-family d~elling ~xisting prior to July 20. 197a on
a substandard size lot, such nonconforming use s~all be permitted
to remodel, improve, or replace site jmprovemen~5 on the same &ite
for continual use and occupancy by the same use, without necessity
to comply .,ith site development regulations; provided I that any
such remodeling, improvement or replacement shall not result in
increased floor area, number of d~elling units, height, length, or
any other increase in the size of tne improvement.
7
L
•
" ,
-:;:---"--"" .
L
SECTION' t5. Section 18. 17 ~ 080 is hereby added to Cha}:ter
1a.11 (R-2 District Regulations] of the Palo Alto Municipal Code to
read:
i"~-17.080 p.t!Irm1tts4 yarr3: enerOaChmehtS. (al Hori:zonta:l
Addltioris~ \or"here a singla-family or two-family d ..... e] ling legally
constructed according to existing yard and setback. regulatior:s at.
the';,'til!le. of-'construction encroach<es upcn present required yards,
oneii:encroaching side of the existing structure may j)e extended in
~cc.~ 'with this section. Only one such extension shall be
pe.z1n'itt;._ed for a li.fe of such building. This section shall not be
£on-S:~·.htl!-d ,to al10..., the furthe,r extension of an encroachme.nt by ~ny
building which is the result of the granting of a variance, either
~~!dre, or' after such property'became part of the city. '
(l..) l'rcnt Yard. In e-ase.s 'WheTe the eXistin9
.fi-etbaek.,'is: tess than 6.1 J'I1eters (twenty feet) but at least 1 .. :3-
me:t-eis; ",'{fcro.rt-aen fQ.et), the existing encroachltLent l'Q.ay be e;,..'tended
:t:or,';':a ',:4~sta,nce of, not l!'.ore than one hundred percent of the length
of _ va1.l.:, to"!.'be extended.; pro'Vided, that. the total. len9th of the
~:xis,:~n,q,"en,c:~oachin<] ... all and the additional \I"all shall together
not ex~~e~ o~e-half the maxiEum ~xisting ~idth of such building.
(2) Interior'Side Yard. In cases ~here the
~*'ls£in~f setba'ck is less than 2.5 meters (eight feet) btJt at least
1~5,~l;!ieter$ :'(five feet),-' an existing e.ncroachment may be extended
pot, ".mO!rs,,::thah one. hu.ndre::! percent of the lengtt. of the existing
encroach-:m'~nt~,',,' but not to ~XC€e-d 6.1 additional meters (t""enty
~ddi tlo'1a1t'eet) •
(.)" Street Side Yard. In cases ;.rhere the
~iki,'stih.ci':,,'s;ide'-' yard setback is less t!lan 4 ~ 9 met:ers (sixteen feet)
btlt",~t lea~t 3 .. 0 mete.rs (ten feet) I an existing encroachment. may be
~"t'elldEid 'for not more than one hundred percent of the length of t..~e
encrOaching-'Wall to be ex:tendeo, but not to exceed 6.1 meters
(""enty feet).
(b) Subsection (a) 'of this se,=tion not·,rit.l1standing,
an":',~dd~t,lori:"shall not be pennitted to encroach into a special
s~t~ack> ~ as,;, established by the setback map pursuant to Chapter
20;08 of the ",pal 0 Alto MUnicipal Code.
SECTIO~ 7~ Section 18.17.090 is herecy added to Chapter
18.17 [R-2 District Regulations] of the Palo Alto M~nicipal Code to
read~
:1a~::;7.090 Exceptions -to site development. regulations for
home :1m.];,rovements, 1Uld. minor acSditicDS.. (3) General. Subject to
the provi .. sions of this section and. the purpose and intent of this
title~ :the 'zoning administrator may grant exceptions to the site
_ceve'lopmelrt., reqUlat~on6 of this chapter for construction of home
improvements and minor -additions~ Exceptions for increased floor
area ratio :tay not be granted pursuant to this section except
solely 'as 'provided in subsection {bj hereof.
8
L
I
.,
"" .. ~.
-. ,
L
(bj Exceptions to floor ar~a ra~io reguldtions~
Exceptions may be qran.ted to the floor-area regulations onI)!' for
irieidental increases In floor area for architectural feat.ures ..
including,,'~ut'not limited to, dormers and stairways. Far purposes
of-this. subsection (b), thF.! tenu a incidental inct'"ea~~s in fIe-or
'aX'ea~','"m'eains',' those architectural additions necessary to effectively
utiliz:e,,'ex,~e-t:ing areas of a building.
fe) Pefinition. For the purposes vf this section,
hbfue, 'i~pr6vemEmts and minor additions mean construction whereby at
least, 'se.·l!?nty_-'five percent (75%) of the existing exterior walls (in
1inear feet) and twenty-five percent (25%) of existing roof frame
'(in, ~~l3rE!' f~et) of a building is retained.
{d) Review and Jo.pproval ?roce6s~ Application for
ex6ept~~ns shall be madE in the same manner as provided for the
process~ng of 'variances, pursuant to Chapter 18.90 of this code.
~.~t.1·1, '. the :-':,exception of the findings required for approval, the
proee.dtlres relating to notice anrj hearing; effe.ctive date;
:revoCatiorl' 'and duration; reports and integration into the
supdjvl~.icn approval process shall all be as provided for in
~hapte,t: ,1~~~O.
(e) Findi ngs. The z-oning ad.m inistratc"C :rr.ay grant
~xcep-~ions,:",'fro,m the site development regulations of this chapter,
,after:'consi,deratior. (if the application and all testimony, both o'!'al
~d, :writ:ten,.", -offered at the publ ic hearing ~ upon making the
~o 1,1,6wir:tg-"f,3.I?:d ings:
(1) There are exceptional or extraordinary
circiunSta:n6e~ .-or conditions applicable to the prop.erty involved
tha_t::,~':,:'!l0t",_applY :generally to prop!:!rty in the R-2 aistrict: and
(2) The granting of tho: application is
des_i:rable"-.fc.f':' the preservation of an existing architectlCral style
or neighborhood character, \which would not otherwise be.
accowplished through the strict application of the provisions of
this chapter:; and
(JJ The qranting of the application vill ~ot
be detrImental or injurious to property or imprcvernents in t...'le
vicinIty and'vi11 not be detrimental to ~he public health, safety,
genera.l, 'welfa~ or convenienc~.
In determining t,,'hether or not to grant exceptions
pur'suant to':--this -section I the zoning administrator shall consider
such, design guidelines for Single family resioences as may pe
adof'tep ,an,d.-"puhlished by the City Council from time to time.
(f} Conditions. In grantinq such exceptions, the
toning administrator .may impose such reasonable -conc.itioflS or
restrictions 'as _are appropriate or necessary to protect the public
health, safety, general welfare, ox-convenience, and t':' secure the
purpose~ cf:'this title.
9
91~04 be!; OOJ01i2
L
,
I
<~
'-'~~~t
,
i
I
l
!
I
I
:::;'~)~l~ ..
, ____ ""~',~~=_', -< _ -'-...r'-.... ~.
c '.
SECTION 8. Section 18.19.050 [RHD District Regulations] o"f
the Palo Alto Mu~icipal code is hereby amended to read:
18.19.050 site 4evelopment requlatioJls~ The following
site development regulations shall apply in. the W;:' t'Wo unit
multiple-family resieence district:
(al Site Area. The minimum site area shall be 4~4.5
square meters (five thousand s~Jare feet).
Cb) site Width. The minimullI site 'w.-idth shall be
15.2 meters (fifty feet).
(0) site Depth. The minimum site depth shall be 30.5
meters (one hundred feet).
(d) Front Yard. The minimum front yard ("setback" J
shall be 6.1 meters (twenty feet).
(e) Rear Yard. The minimum rear yard ("setback")
shall be 6.1 meters (twenty feet).
(f) Side Yaros. Th~ following side yard regulations
shall apply:
(1) The mini~um interior side yard shall be 1~8
meters (six feet).
(2) The minimum street side yard shall be 4.9
~et~rs (sixteen feet)~
(g) Residential Density~ Not mere than one single
family d~ellinq shall be permitted on a site of less than 464.5
square meters (five thousand sq-!Jare feet). Not more than two
dvellinq units Shill b~ pennitted on a site of 464.5 square meters
{five thousand square feet} cr greater.
(h) Site coverage~ The ~axjmum site coverage shall
be forty percent of the site area.
(i) Height. The maximum height shall be 10.7 meters
(thirty-five teet); however, no structure except television and
radio antennas and chimneys and flues shall ext,end above or bei~ond
a daylight plane having a height of 4.6 meters (fifteen feet) at
each side or rear site line and an angle of forty-five degrees.
(jJ Usable Open Space. Not less that 41.8 square
meters (four hundred fifty square feet) of usable open space per
each dwelling unit shall be provided on the site.
(k) Accessory Facilities and Uses. Regulations
governing accessory facilities and ~5es, and governing the
application of site development regulations in specific instances,
are established by Chapter 18.88.
10
•
r
,-,
.v
!
l
" ,
~XPI Special Setbacks. Where applicable, setback
lines ilDposed by ,a""special setback Map pursc.ant to Chapter .20. OS of
this code shall be followed for the purpose of determining legal
setback requirements.
L
~~. Section 18.19.080 is hereby added to Cha.pter
18.19 (RMO District Regulations] of the Palo Alto Municipal Code to
read:
11
L
,.
!
!
• \
,J
L
SECTION' 10. section 18.19.090 is hereby added to Chapter
18.19 (RMO District Regulations) of the Palo Alto Municipal Code to
read:
'{'IT'.Thera: are.' e"captIon" :L'or<il<t:i'aord!iiii" 1;;.1~j;iif.~~;'i'i'~,~d~tionSapI'11~b1.e:t? the 'prppertY'in"ol,,~
~l\"}~ ,l!e,,JIS~";~W~Y"ll~."et;. .. tl¥}? .pr,.~"1 Y :'." .• }ha ·:RJ:II?,P i>?R:i c,l',il'e<! .,
[;"F"(:i'} "~ 'Tl'ii( qraiitlilgc;f" the appl i Ciit::fi:iii'i":'deslral5'fe
:tOlf",',t;'])eCS'ri",,,,'eliaHn';:'bf',' an:" ,eXist 11>9'" 'architecj;ti.r" 1" "5 tjloii""r i>lO£~~~'ai!l,ra'c;t: .. i'i''''h ich",ou ldni#' otlleriils<>' ~' .. ",,0'" .lij,he~ ~1?\i~Ij,~!:i~,:~;ri9t; al'pl~ca ti?"~£th", proV is ions of thl !i<::ii"pt;~r;! ... ",,,'"
12
L
I
'.
0,
,~
• \
/
--------------------------------~--~-------------------------------------
SECTION 11. Section 18.60.040 [LM District Regulations] or
the Palo Alto Municipal Code is hereby amended to read:
18.~O.O'O Con.ditional uses. The follo'Winq uses may be
conditionally allowed in the LM limited industrial/research park
distriet, subject to issuance of a conditional use permit in accord
vith Chapter 18.90:
{a} Automobile service stations, subject to site and
design review in accord with the provisions of Chapter 18.82;
(b) Eatinq ana drinking services, except drive-in and
take-out services;
(c) Financial services;
Cd} Private
organizations;
clubs, lodges, or fraternal
(e) utility faci! ities essential to prOVl.S10n of
utility services., but excluding construction or storage yards,
maintenance facilities, or corporation yards:
(fJ Temporary parking facilities, provided that such
facilities shall remain no more that five years:
(9) commercial recreation:
(h) ~e~icling centersT;
~;~r;;:ECli,\ii'"h .. saritl rel.Igious ·1nstitutt""".
SECTION ~2. ~he council finds that this project will have
no significant impact on the envi~onment.
13
L
•. -l .T.·.l~ _~, . ~~·.·~.·t
;:
Ul::l'ION 13.
'COmmencement of the
adoption.
ni'!'ROOUCED
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSEN'r:
ATTEST:
City Clerk
APPROVED AS TO FORM:
•
• ',_ • .>-" .~~,-.. o@iliJAd'".'-
This ordinance shall be effectIve upon the
thirty-first day atter the date of its
APPROVl!D:
Mayor
City Manaqer
Senior Asst. city Attorney
Director of Planning and
community Environmerlt
Chief Building Official
14
---'"'":~-----.~ ~-'L
-
. "'."'--.
I
l
• !.
i , i
;, .. -,'-.
. ~ "
•
.• C', _-,._.
--.~" :r·.· ..... ,"'.
;"-,
7 "' _~ '" "","~_l J~_"""'" ,
L
Aprll 19, 1991
PLAHHING COMMISSION
P.l. Alto, C,l1forni,
o
City of }'010 nlto
~ ':. B':)x 10,50
: .... :0 ..,_~o, C:""Jf~)Ii.~,J,t, ~",,::i!
R-2 AND RHO ZONE DISTRICT AHENDMf.NTS AND ZONING ORDINANCE
CLEANUP AMENOMENTS BACKGROUND
Members of the Commission:
St.ff is proposing .mend~nts to the R-2 and RMD Zonin9 District Res"lations
to incorporite , as pe~anent regu 1 atlons, interim Ordinance he. 3977, with
minor changes. EMergency Ordinance No. 3977 was passed by the City Council on
August 13, 1990. and is enforceable for a period of one year from that date.
The City Council directed the Planning Commission and ,t.ff te studj .nd make
recommendations for the u'timit~ reY1$~on of the R-2 and RMD Zoning District
Regulations before the expirition of the interim ordinance. Staff is also
proposing three other Zoning Ordinance text amendments to c1arify and amend
certain sections of the zoning ordinance. Outlined below is the issue or
problem related to each prnposed revision, and t~e specific ordinance changes
recommended by staff to resolve that issue or proble~.
PROPOSEP AMENPHENTS
I. TWQ fAMILY RESIDENCE CR-?I DISTR!CT REGULATIONS
A. IsHe Statement
Staff has been ra;orking wit'" the rnterim R-2 Zoning District
Reguhtior,s since August 1990, and studying-the regulatio,.,s
through re~iew of the 6 applications recei~ed during the
moratorium period. ,The montoriLlI'll was orlginall,)' imposed' due to
concern that, after t~e adoption of the single·family regu1ation.
the R-? and RMD zones h.d one of the high.st FAR development
potentials of any district in the City. This potentill wu
considered to be attractive to speculative development and a
thre.t to the ch.racter of the neighborhoods_ After study, staff
belie~es that the regulations have worked to achieve the City
Council's gGal of maintaining the scale and character of Pilo
Alto's duplex neighborheods. By transferring the R-I Site
Development Regul.tions te the duplex district, the potenti.l
scale of development in the R-2 Zoning District has been reduced
to a level compatible with existing development in th~se
p:\Nl\R2RMD.X
'L
4/22/91
Page 1
I ,
; , ,
..... "Ir~.
~
I
J
i
I
r
I
l-
neighborhoods. This preserves the duplex .nd single-f •• ily
character of neighborhoods and reduces the 1mpatts on adjacent
propertfes.
Council ~er And~~$~n has requested that staff bring forward the
proposal to consider i 5fnimu~ density requifement t" the R-2
01.trict. A ~'jority of building permit .pplicitions for R·2
properties ccnttnue to consist of single-family uses, often bui1t
to t~e •• ximom development potentl.l. It was evident i, the
C~uncil's review of tne Jacob's Court rezoning application that
the financl.l v.lue of R-2 zoned property can be greater for a
single-family use than for, two-family use. A modifIcation of
the R-2 district wou1d TfQuire tnat I two-unit minimum density
requirement ~ imposed for lots ~ndergoing redevelopment.
Staff ri~sed the concept of minimum density re~~irements in th~ co~rse of the
Mu1tfple-famfry regulations revision, and Igafn during the comprehensive
update of the Housing Element. St.ff supports tne idea of minimum density as
• method of further meeting the City', obllg,tions under the Housing Element.
n,e concept.iS not .ell-received by the pollcY-''''er, because the ability of
i project to scale back in site is ofte~tiaes the manner tn ~hic~ it wins
icceptance and support from t~e surrounding resident~al community. The
Trainer Hill property is an •• ampl. of • sit. which .ventull11 de,eloped .t •
much lawer density than would ha,. been penoitted under the .ultiple-family
r~ulat;ons, ~ith litt'e neighboyhood oppositi~n. The concern expressed by
members of the Housing Element subcommitt!e WIS that minimum density
reqUirements could jeopardize the prDcess and eventually the project appro~.'~
If the City does not accept the concept of .'nlaum d.n,ity in t~e highest
density aistricts. staff finds it illogica1 to i.pose that requirement upon
t~e R-2 district. This di!tritt 'S oftenti~$ interspersed among single
family neighborhoods or 1$ itself s,ngle-family fn character. furthermore,
the requirement should probably only be opplied to redevelopments, rather than
remodels, which provides the ~roverb;al -loophGle-for ivoiding the
reqUirement. The project prDponent, with economiC incent'v~ to do so, can
always find I way of -remodeling-rather t~an ·demolishing-the existing
residen,e in order not to engage the reQ~irtment for the two-un1t ~in;murn~
Although the intent of the interi~ regUlations is to reduce the height and
bulk Qf potential development, they shOUld not disco~rage owners from
developing R-2 properties with two-family ~ses. Therefore, staff is making
reconmendation for one modifiC:iticn to the interim regulations which would
provide extr. fAR for duplex development.
B. Staff Syggested Actipn
Staff recommends amendment of the R-2 Zoning District Regulations
by fncorporating, as permanent regulations, interim Ordinance No.
3917, ~it' • minor change to the floor ire. ratio (FAR)
limitations for two-family development. This proposal would amend
p;\NL\R2R!tD.JC
L
4/22/91
Page 2
,
-""';'
~
,> \
I .. '
:, ,~
I ,
I
i
,
i
-
------~~~----------------~----
Sectfon 18.)7.050 (R-l Site Dey.lopment Regu1.tion,) by adopting
the fo11owlng froe the R-) Zoning OJ'triot Site Deve1o~ment
Regu'ations (SectIon 18.12.050): fAR_ height ~aximum and daylight
plane regulltfons, l1ghtfng regulitfons. 9arige door regulations,
and the Hone l~rDvement Exception prO(ess (pages 3 through 8 of
the atta~hed Drdinance).
In order to encourage the development of two-family uses and
support the creat!on of low-and medi~-tost housing. a minor
change 1£ recommended to the interim fAR regulations. Staff
recommends, fDr two-family development, that up to 200 square feet
may bt exempt from flear ar@1 for purposes of providing one
required cDverr.·d parking space. Because two-filmi 1y 'Uses ITe
required to provide one additional cQvered parking space ( •
• inimum of 153 square feet). a strict floor area l;mitation
pres!nts further disincentive for t~e developer of i two-family
use. T~is exe~tion would negate the burden of proyiding
additional covered parking for two-family uses~ The exemption
would a1s~ facilitltt the conversion of existing single-family
uses, which Ir~ built to tne ~aximum floor arel, into two~fa~iTy
uses by 111~ing an additi~nal ZOO sQuare feet of floor arel for
providing tne required covered parking.
2_ TWO UNIT MULTIPLE-FAMILY {RHO' PI STRICT
A. Issue Statement
As with the R-2 Zoning District Regu1ations, the ad~inistration of
the interim ~D lan1~g District Regulations, incTud~d in Ordinance
No. 3977, have appeared to work to Ichieve the go.ls for which
th!y ~ere 9roposed. Again, the 1ntent of the interi~ regu1ations
was to preserve t~e sCITe and visual featur!s t~at give character
to Pi1. Alt. neighborhoods. Stoff hiS processed 8 ipp11citions
during the ~ritori~ period that were in the ~ distr;ct.
Contrary to t~e R·2 distritt, ho~ever, 111 but two of these
permfts r!Qulred discretionary approvIls t~raugh the Homa
Improvement Excepticn (HIE) process. Staff find. that the elder
hOm!s which are characteristic of th~s district, particularly in
the Downtowr, Morth nei9hborhood, do not •• ,'1y fit the sit.
deyelopmEnt regul.tions. A ~.jor benefit Df adding the HiE
prOte~s t~rou9h the Emergency ordinance, was that homeowner$ in
t~e RMD district can no~ Iva;l tnemselve; ~f a process that allows
for flexibility wnen architectura' ot neighborhood compatibility
is tne result. Staff has observed tnat this district includes
fewer homogeneous neighborhoods and generally has i much greater
mix of denSities and develapment scale than the R-] or R-2
distrjets_ Oftentimes, the RMD distr!ct ~s on the edge of
c~r'ial', zoned areas, and the transition to a Sing1e-family
sca1! can be abrupt and pr~blematic. Staff again ~a5 concerns
regarding the predominance of developme~t of s1ngle·family uses in
the RMD 20ne District.
p:\HL\RlRMD.JC 4/22/91
Page 3
(
-).
•
"':, ".~-,;
,..-1
....
I
I
-.
B. Stiff Sucgtsted Actign
Shff recommends amendment of tt)e 00 Ztmilig District Reguhtions
by incorparat1ng, is permanent reg~'itions, interim Qrdi~ance ~o.
3971, witll a ~inor cllange to fAR limitations for two-f.mily
development. Staff reccmmends I 200-square-foot exemption from
floor area, for purposes of providing additional covered parking
associated wit~ two-family uses, to encourage ~a~imum density in
the RHO Zone District (pages 8 tl1rougl1 10 of .ttached ordinance).
Should the Commission find that a higher fAR is warranted in the
RMD district, based on tf'.e f1ndirlg that this district is generally
transitfonal to (.onwnerchl areas ind contlins a heterogeneous mi.'IC
of density and scale, staff would recommend that the allowable FAR
be .5, as in the lowest density .ultlplo-fanily zone. Staff would
continue to recorrmend tne 'garage exemption to fAR for two-family
uses.
3. 'HEIGHT' DEfINITION
A. [ssye Statrment
Th. Zoniog Cod. currently d.fines the height of buildings in III
zoning districts, except the R-] Zan! District, as a me.surernent
from grade levol to toe Iv.rog. h.ight of the hiqhest gable of •
pitch~ or hipped roof. This form of measuring height is one that
is difficLl1 t to fie1d \lert f1 and leads to lI1isunderstandings
throughout a c~mmunity when one singlt-family reSidence is
measured one·~ay and another is measured differently. All but the
lOst sophi~ticated of ipplicants assume tnat height lS -true·
height, not -average-heig~t, in any case. Beca~se tne average
height met~od is i~co"sistent with the ~anner in which height is
neasured in the R-l Zoning District, ~ere height ~s required to
be ~asured from grade to tne roof's hignest point, and be~aus~ it
often leads to ~isunderstandln9s in the R-2 and RHO neighborhoods,
st.ff beli"es that the height of buildings in the R-c and RHD
zonfng districts should be measured t~e same ~ay as now measured
in the R-I • This method of De.surement would li.it the height of
ofl1 portions of i structure to the .,ax;mum height prescribed by
each respective zon!.
B. Staff Suggested ActiQn
St.ff recommends r.vising the ~eight definition (Section 18,04.030
(67)) to clarify the way height is ne.sured in the R-2 and RHO
zoning districts a5 follows (page I of the attached ordinance):
18.04.030 (67) 'Height' means the vertic.l distance above grade to
the highest point of tho coping of. flat roof or to the deck line
of ....... rd roof or to the averago height of the highest gable of
a pitched or hipped roof, •• eept thit in the R-I, R-Z and RHO
p:\Nl \RZRHO.JC
L
4/22/91
Page 4
•
,
•
.. ,
4.
districts the height of a pitched Dr hipped roof .h.l1 be me.sured
to the height of the peik Dr h1gh.st ridge line. Th. heIght of •
stepped or terr,ced building is the ••• Imu. height of any segment
of the bullding.
NONCONFORMING SECOND DWElllNGS AND TWO-FAMILY USES IN RESIDENTIAL
DISTRICTS
A. luye Shternent
This issue was raised during the recent Zoning Ordi"ance Cleanup
that the Co",ission cOllljlleted .t its lTH!eUng of January 3D, 1991.
rt is i continultion of tne cTar1ficition of the indi~idual
grandfathiT clauses that were addressed f~ t"~ cltanup. Tr.e
problem is t".t Sections 18.12.070(.) and 18.17.010(b) (the
grandfather e11uses for two-fam11y Ind multiple-family uses in R-I
and R-2 districts) .ppear to prohibit the expansion of Jnl
str~ctures on I property if t~ere are two units. Therffore 1 I
property with i historic, legally nonconforming second unit, that
does ~ot .eet the ~1nimum size requirements of the cotti9t
ordina~ce (i.e., it is not 35 percent larger t~an the ~inimum),
may not expand the primary r~$idence while continuing to maintain
the second unit or -cottage.-However, it has been the practice
of t~e Planning Division to 1110w for expansion of the main
residente. within the site development r~gulations, provided t~at
the units are detached and one of them tan be (Tearly
distinguished as the 'cott.ge.' St.ff advised .t the time of the
recent zoning cleanup that the code be amended to reflect this
practice, and informed tke Planning Commission that this revision
wo~ld ret~rn with appropriate language at i later date.
St.ff is now proposing in imendment to Sections IB.12.070(b) .nd
IB.17.070(b) to clarify th.t If one of the two units is
grandf.thered by section IS.lt.OIO(c] or 1~.17.070[cl, the
grandfather clause for nonconforling ,ottagei~ tn€n the
prohibition en e.pansion of both units do.s not apply. Whil. this
wo~ld allow expansion of the primary reSidence, the nonconfo~fng
second unit would still be subject to the lim;t.t;ons of the
grlndfather clause (i.e., no increase in size of improvement).
Also, if the development is truly a gl"andf.lthered two-family use,
wnether attached Dr detached, neither unit would be allowed to
expand.
The proposed amendment requires staff to make an interpretation of
whether the grandfathered development qualifies as i primary
residence and a legal "cnconfo~ing cottage, thereby a110wing
expansicn of the primary unit (within the sitt development
regulations), or whetner it is tryly a two-family use, tnereby
prohibiting Expansion of either unit. To assist staff in ~aking
these detenn1nat10ns, there ire available Building Oivlsion
r.cords of nO"conf~rming cottages .hi'~ were a110wed io past years
p;\Nl\R2RHO.X ~/12/91
Paye 5
L
-
•
'.
-,~,t·
.":~
\ /~<~
L
r
o
to re!ilht!'T for legal conforlling status . .and thus be cO\lered by
the grandflther clause in subsection (e). Another ~ethod is to
request the appl fCil'!t to provide proof of ,he 1egal nonconforming
stltU$ (through hfstoric documents), if such information is not
avail,bl. In City records. Additionally, .taff will use the rul.
of thumb that If the units, each of which must be determined to be
le;.l, will .pp •• r to be • primary resideoce and cottage following
redevelopment. tntn one of the units wou1d be considered a
nonconforming cottage. However, if the units .ill appear as two
prfmary units following redevelopment, t"en the units would be
considered a two-fimily use.
B. Slaff Syggested Action
Staff recommend. that the following language be add.d t. Sections
IS.ll.070(b) 'nd 18.17.070(0) to cl.rify that if one of the two
un,ts 1. grandf.th,red by section 16.12.070«) Dr 16.17.070(c),
then the prohibition on expansion of both units do.s not apply
(pages 2 and 6 of the atta<hed ordinanc.):
IS.12.070 (b) Two-f •• ily uses, ~.lCcept tho •• which .~ os defined
f. subsectiDn (eJ of this section, Ind mu.iiple-family us!s
existing on July 20, 1978 Ind which , prior to that date, were
lawful c:onfoI"'ll1"9 permitted uses or conditi0na.l use-s operating
pursuant to I condition.l use permit, or whicn uses were, prior to
July 20, 1978, located in an R-J district which was imposed by
relson of annexation of the property to the city without benefit
of prezon~ng. Prior to the date of I~nex~tion. these ~$es were
lawf~l conforai~g penmitted ~ses or conditlona' uses operiting
subjett to I conditional use pel"1lit, and aay remain is
grand fathered uses, and shall not be subject to the provisions of
Chapter 18.94. SlJch uses shall be pe",ltted to remodel, imprc.e.
or replate site i~royements on the same 5ite, without necessity
to compl, with site development regulations for continual use and
occupancy by tnt same use~ pr~vided tnat any such remodeling,
improvement or replacement 5~all not result in increased floor
area, number of dwelling units. height, 1~n9th or any other
increase in the size of the improvement. If a use deemed
grandf.thered pursuant to t,i' subsection (b) c •••• s and
thereafter remains discont1nued for twelve consecutive months~ it
shall be considered abandoned and may be replaced only by I
confonning use.
18.!1.070(b) Two·family u .. s, except those which .~ as defined in
subsection (el of this section. and multipTe-faltily uses existing
on July 20, 1978 and which, prior to that d.te, were l.wful
confonm;ng penmitted uses or conditional uses operating pursuant
to a conditional use pennit. or whicn uses were. prior to July 10,
1978, located in .n R-l Di.trict ... (read. the same •• above foc R
I) .
p: \NL \R2R14.D .JC 4/21/91
Page 6
•
•
\
j
-
B.
tc reg1 ster for legal canfonIng stitlJS, and thus be cov!red by
the grindf.tner clause in 5~bsection (c)~ Another method is to
request the applita"t to provide proof of the legal nonconforming
status (through historic documents), if such info~itio~ is n~t
I.ail.bl. in tity record.. Additionally •• taff will u •• the rule
of t~umb t"at if t~e unit •• each of which must be determined to be
legi', ~il1 appear to be ... primary residente and cottage fo11o~in9
redevelopment, then one of tne units would be consfdered i
nonconfQ~in9 tottise~ However, if the units ~il1 appear IS two
priMary unfts fo'lo~ing redevelopment, then the ~n1ts would be
considered i two·family use.
Staff Suggested Action
Staff recommends that the following 1.ngu.ge b •• dded to Sections
19.12.070(0) and IS.11.070(b) to clarify that if one of the two
unit. is grandf.thered by section 18,12.010(cl or IS.17.070(c).
then t~e proh'b,tlon on expansion cf both units does not apply
(pages land 6 of the ottached ordinance):
IS.I<.070 (b) TWO-family us.>. excepC Chos. ~hich Ire IS deFined
1. subsectIon (cJ of this se<tion. and multiple-f.mily uses
e;l(isting on July 20, 1979 .and which, prior to that date. were
llWful conforming permitted uses or conditional uses oper~t'n9
pursuant to I cor.ditional use permit, or whicr. uses were, prior to
July ZO, 1;18, located in an R-I district which was imposed by
reaso~ of annexation of the property to tM! city without benefit
Df prezon1ng. friar to the date of inne~atlo~. these uses were
lawful conforling pe~;tted uses or conditional uses op~rattn9
subject to I conditional use permit, and may remain as
grandfathered use;, and Shill not be subject to the provisions of
Chapter 18.94. Such uses sh.ll be permitted to remode1. improve.
Dr replace site impro~ements o~ the same site, without neces~ity
to comply with site development re9ulltio~s for continual use and
occupancy by the same ~St, provided that ani such remodeling,
improvement or rfplacement shall not result in increased f100r
area. nu~ber of ~we11in9 units, ~ei9ht, 1e~gth or ani ~ther
;ncre~se in the size of the improvement. If i use deem~d
grlndfathered pU~Sui~t to this subsection (b) ceases and
thereafter remai~s discontinu~d f~r twelve consecutive ~onths~ it
shall be considere1 abandoned and may be replaced onli by a
c.enfortling use.
IS.I7.070(b) Two·family uses. except those ~hich .re IS d.fined in
subsectio" (c) of thfs section. anti' lI1uHfp1t-family useS existing
on July 20, 1~78 and which, prior to that date, were lawful
cDnf~~1ng permitted UStS or conditional USfS operiting pursuant
to i condit'ona1 use penait, or wh'cn uses were, prlor to July 20~
1978, located in an R-2 District ... (reads the same is ibo~~ for R
l) .
p:\Nt\R2RHD.X 4/22/91
Pige 6
L -
<~: Sylvll S.Man, P,10 Alt. H.o<jog Corpor.tlon
530 C~T Street, Svlte ,
P,l. Alt., CA 9~301
p:\lil\RZRI<O.JC V22/91
Page a
I
-:.>-C-,_-"c-
.• .;~"-I:~~t
r .,,,.
-
Environment.l D~um.nts -Cit! of Palo Alto
ENYIRQNME~TAL ASSESSMENT
Project Oescr\ptiQt\/Title: Zonina Ordinl.n.;e Clean-uo (Ue a,ttaclled prQiect
dfscr1ptfonl
location/Address: City Wide
Spo~soring Agency/Applicant: till of Palo Alto!loni~g Administrator
Address .nd Telephone of Appllc.nt: City e.ll, 250 Haml;ton Avenup, P.lo
Alto, CA (415) 329-2441
App 1 i ta ti on for: alCOlU' n!>g~T~ex5.!t~Ame~n!!ld!.!lm!l:el!.nIJt sL-,-__ -,-,.,.--,._-=-_"' ______ _
(e.g., zoning c~angej subdivision of property, architectural review, use
permit)
Zoning &t Project lOCit~on: City Widg Fee R~ceipt No.: No fep
HOTICE OF PETERMINATION
Based UPQ~ review of the pr~jett f~'es. the undersigned member of the Planning
Oepartment nas conc1uded;
iIi Negative Declar.tion: The project h., n. significant environment.l
impact. No Envirotlmental Impact Report is required. The rei.sons for i!.
Oecliration are: in the attach,a project description and analysis. A
record pf project action is available for review at the Palo _I.Ho
PlanninQ Department. loCjlte-d on the 5th floor of City Hall, 250 Hamiitor.
Avenue, Palo Alto, CA 94303
Cl T~e pr~ject lIay have a significant enVironmental impact.
(.vironmental Impact Report ~ill ~. prepared,
Planning Department Official, .. ttCfl. c..e.. ..
Planning Oiroclor::r-:~ ~ O.te:
The project has been .ppro,e~.
The project na. been denied.
Date:
Date:
An
FlJe No.: 9J·EIA·4
L
I ,
!
I.
r
1
I •
I
i
I
I
I
I
I
I
I
.,';".
.--1
c"" ,"
"
" "-
PROJECT DESCRIPTION
The City of ,.1. Alto is proposi.~ amendments to the R-2 •• d RHO Zoning Distri,t
R.~ul at 1~n5 to incD"rporite t as permanent regu' It ions I l' nt eri l! Ord i nancE' ~o. J977.
wit" l11nor changes. Three other Zoning Ordinance text amendments tl} clean up and
clarify the amended sections ire proposed. fo11owing is a brief description of
t"e proposed tmendments and In analysis of t~eir pcter'ltil' en_ironmentill impacts.
I. AlDendalent of the R-2 Zoning Dht.;,t ReguT.tions to incorporate, as
permanent regu1ltlons, interim Ordinance No. 1971, w~th a m1ncr cnange to
the floor arei r,tio (FAR) limit.tions for two-family de,elopment. ihi'
propos. 1 amends S,ction 18.11.050 (R'Z Sit. o.velopment Regul.tions) by
adopting the follo .. ing from the R-I Zoning Oistrict Site Develop •• nt
Regulation, (Se,tion 18.12.050): height maximum and dayTI~ht pl.ne
regYTations, fAR. 119~t;~9 regu11tions, garage door regulations and the
Home Improvement Exception process.
I. ord'T to ,ntOUTage the development of two·f~~ily u,es and support the
creition of 1 ow-Ind ~d;urn'CQst ncusi"Q, I minor changE is recommended to
the Interi" FAR regulation,_ FOT two·family development, up to 200 sq"are
feet ~ay bE exempt fro~ floor area for purposes of rroytding Qne reqJired
covered pa~kin9 space. Th~ site deve'~pment regulations referenced abo~e
art designed to lessen the impact~ ef dewelopment on neighb~rinQ
properties and the environment b,i further Tutricting the amount of
development allowed and Imposing .ore strict ~eight and d.yl i9ht pTa"e
l1mjts. This attion will have no significant en~ironmenti' 'mpact.
2. Amendment of the RMll Zoning Di,trlct ReguTotions to incorporate, as
perma~ent regulations. interim Ordinince No. 3977, with i ~inor change to
the fAR limitations for two-family develop • .,t. Thh proposal omends
Secti.n 18,19,050 (RHO Site Development Regul.tions) by adopting the R-I
Zoning Di'trlct Floor Are. Ratio (FAR) Regulation" with the e.,eption of
the six thousand square foot ~a.illlUlll h.use $ lIe. A 200,sQuare-foot
exemption f""" the FAR limitatiDns, for purpo,es of providing cne required
co~~red parking space is propos!d to encourage the development of t~c
family U"'_ ATso adopted through the interi. RHO Regul.tions is the R-J
Zoning District Home Improvement (xteptiDn process for except ions to S1 te
4evelopment regul at ions. The site deve10pmer:t regu'i at i Dns reference-d
above are duigned to less.en ttle impicts of construction on neighboring
properties. and the e-nvironmellt by further restricting the amount of
development allowed'. nis acHe" will not hawe a significant impact on
the tTivironment.
3. Amendment of the height definition (Section l!.04.03C(67») to lne.,ure the
height of • building in the R-2 and RHO Zoning Districts from grade to the
height of the peak or highest ridge 11M of the roof. This action
effectively lowers the .llowable building height and will protect the
neighborin9 properties' views i.T1d access to daylight and is the same
.anner in wnich height is measured in the R-l Zoning DistTlct.
~1-£I~-4
L
,
,
, .
'!-" " .
\ ."{'
4.
'. I
s.
-
•
Amendment of the grlndfdherfng provlsfons relAted to legal, noricor~rerming
two-unit developments in the R·l Zoning Oi,trict ~.gul.tion'
(18.12.010fb» and R-2 Zoning Dhtr;ct Regulations (J8.11.070(b» to
clarIfy that if one of the two units is grindfathert:C! by section
18.12.070«) or 18.17.070«). then the prohibition on •• panslon of both
IJnas does not apply. No significant environmentll impact can be found
with thl. amendment.
Amendmen! of the LM Zoning Di.trlct Reguhtlans (18.60.040) to .110w
cf'iurd)es and rel igiDuS institutions. tl,) be established in that zone.
subject to • condition.l u.e permit. These facl1ities are currently
.llowed a$ permitted us.s in the GM Zoni"9 District, .n~ shou'~ not be
incompatible wit~ lIanufacturing Us.es or oUter permitted or cond'it1enal
use, in the LM Zoning District, •• cept in W'Y' ,'ready regulated by Title
17~ BI requiring i co~ditionll use permit prior to establfshing i c~urcn
Dr religious institution in the Uf zone, the suitability of each sHe.
compatibility of 51Jrroundlng uses and environmental ha!;!I"ds !'"21ited to
existing Dr past manufacturing uses can be examined. An extensive
Environmental Imp~ct Assessment will be required prier to the issuance of
any conditional use permit for such use .
• :>,.-
.!4:~. , .
. • ···:r ___ .. -_ r
I •
~.-.. ~-
.-
lilY 3, 1991
PLANNING COMMISSION
Plio Alto, C,llfornll
<.,
,
<.
: E -~.
: : " 0 , : , ,,< "
8-2 AND SMO 10fiE DISTRICT AMENDMENTS ANP ZDNING ORDINANCE CLEANUP AMENDMENTS
Kembers of the Comml.slon:
Since the distribution of the April 19, 1991 st.ff report, I member of the public
hIS riised with shff an fuu"! that involves an inc(lnshtency between the
currently proposed regulations and the exhtlng mu1tlple-ftoily regulotlon.. In
the current RN-15, RH-30 .nd RH-40 reguhtlons, • single-family development
prDp.,,' 1s .ut .... tl<.l1, subject to the R·I reqUirements, incluoing the
proylslons lioitlng substand.rd lot. to, single h.bitlbl. floor, no gre.ter than
11 feet In hel9ht. The longuage restricting ,"bstandard lots In the R-I district
Is Included In SectlDn 18.12.05S of the lonlng Ordinance. This language does not
appear in the draft ordln.nee for R-2 and RHD, .nd st.ff recommeno. th.t it be
added to tho R-2 district beeaus. of it's clese .ssoclotlon "'ith the R-I
districts and neighbDrhoods, but does not reco_nd that It be 'dded t. the RHO
district. The RHO district, ...nieh Is gen.r.lly I transition to hig' density .nd
~ammertiil areas, ln~ wh\ch contains I bigher percentage of s~aller lots) is l
less appropriate district for. sub.tond.rd restriction. Staff nDtes that I
re .. on fDr including the IIOre limiting restrictions In the multlple-f.mily
districts was to encour.ge lot consolid.tlon to Illow better .ultiple-family
project de.ign and lind utilization, • gDal ...nie" is not common to the duplex
zones .
St.ff 11so not.s th.t the section allowing permitted y.rd lntrusiDns in the R-I
di,trict, Section 15.12.080 of the Zoning Ordinance, is not Induded in the
ordinance, .~d is recommended to be included for consist!ncy.
STAf f RW)!tlEHDATI ON
Stiff recomonds U.t the Planning CD!IIT1i .. ion recorrmend t~at the tHy Council
approve the NegatiYe D,c'",atlon Ind adopt the proposed Ordin.nce .mending Title
18, with the follo"'ing oddltlon.:
1. Include the substandard lDt restriction hnguage in Section
18.12.055 of the Zoning Ordinance in the R·2 district; and
2. [nclude the permitted yard encroachm.nt l.nguage of Section
IS.I2.0S0 of the Zoning Ordinance in both the R-2 ind the RHO
districts.
•
., .
._J
-
Respectfully submItted,
/'A.~/..r
HANCY MAOOOX LYTLE
lonlng AdmInistrator
NMl/cs
... .., ..
Attachments: S.ction 18.12.080 of t~e Pilo ~.lto MunIcipal Cod. Zoniog Ordinance
Section 18.12.055 of til. Pilo Alto Municipal Code Zoning Ordinance
cc: Syl.ia Seman, Pilo Alto Housing Corporitlon, 530 Cowper Street, Suite G,
Pilo Alto, CA 94301
•
•
," ,
r L
-
18.12.055 ZONING
(3) Notwithstandin.g 5a~s.eCTklns (i) {l) .~d el, the n.aximum allow
a'bfe hO~lSC size sha!l1>c.six thousand square feet.
(j) Height. (lJ General. The rr.u.imum height shall be 9.14 meters
ill-Jrty fee!) a..s measured to the ~eu: of the roor.
(2) Doiylight Plane. No stTl.lclu~ except those dc:scnc~ in sub
sections 0). (ii) and (ill) of this S1J'bsectioll (2) shaIJ c.'w;tend' beyond .Ii dey
light plane havinl • height of 3.0S meters (ten feel) It each side lor bl'l~
and' an angIe or forty·rive dCiTC'e5, llor bc)'ond I d~)'lig...·~lt plarll: having a
heigl'-! or 4.88 meters ('SJxteen feet) II the front or rear sc:tbad:: line and' In
Ingle or slXr)i dcgr~.
(i) TclC'vlsion and radio antennas; chimneys and flues;
(ti) Domlcrs. roof decks, pbles. or similar an;hitcct1.O.uJ features:
provided that the horizontal lc-ni1:h of In such futufts shall not uee-ed a
combined total or 4.51 meters {nfteen feet) 01'1 each side, nor shall the
.height ofs\Jch features exceed '.31 metm (twenty·fo'UT feet);
(ill) {:orni~es, u1Ies. and sinti1u ITch,jt~ctura! features, ex.cl'Udins nat or
continuous walls or eTlci.o~Jr~s of llSa'bIe interior sp.a~. may e)(.tend into 2
required daylig.ht ~lane I distance not exceed:ing 0.6 meters (twO f~r).
Otimneys may exten' into the rcq,uired daylight plane, distance nol to
eJ(~eed the mWmum allowed' p'UT5u.ant 10 Oupter 16.04 of:his cooe .•
Upon nquest by the build Ina offici.31, any person by Ddm, or making
i:nprovcments to a structure shall provide a Cf"!'t!fjcation that the structure,
.as built, complies with the daylight plane provislons of this subsection (2).
Such ee.rtification shaD be prep.and by I licerae" engineer, !!!'cr.J!ect 01"
surveyor anC' man be provided' prior to frame inspeC1lon.
(:I.) Accesrory Facilities. and Use:s. Regulations a:o'llernine accessery
fa~rutie:s and use.!. and lo'Verr..ing. the appIlcation of site development regula
tions in specific insunces, are established by Ct.apter 18.g8 of this title.
(l) Liehling. Recreational and' security liglninJ; sJun be pemutted onTy
so Jon., as the fig.hting is sruelded so that the direct uiht does not rxtend
beyond the propmy where it is loc.a:ed. From 1he efie.ctive date of the
ordinance codified i.rl this se~JOTl, both recrutional and 50tcurity L,ghting. if
fr~e-5tVlding, shaJl be restricted to twelve f~t in height.
(mJ Gange Doo~. For prage5 located within 15.14 meters (rUt)' fett)
from a street frontage, on }ots kss than 2~.86 meters (uventy·fjve feet) in
""jdth, the toUI COl'llbined width of ,arage donn. which face the strut at
,n .IngJt' or ninety degrees sru.n not exceed 6.1 meters (twenty feet). (Ord.
3905 I 10,1989: Ord. 3683 I ~,1986; Ord. 3536 I 3l, 1984; Ord. 3465
! 2, 198); Ord. 3345 H 2,6,1982; Ord. l 130 ! 1 (part), 1919;Ord. 3064
i l(put),1918iOrd.3048(pan).1978~ ,_ f~) "1>~ ... ' f~ ,. 'JJ-. yul",
18.12.055 Sile d~eloJlmenl rerutations (or JU'bstandard lots. The
foDowinC site. development TC:gtliations shaD apply to aD new construction
)
R-! DiSTRiCT REGULA TJONS 18.12.060
on su.bst.ndard Jots within the p...J sll'gle.f.mi1y residence district in lieu or
comp.anbJe proonsions i1'I Sc:ction 18.! 1.050 lbeV:.
(.t) Sl1bsta.."l!ard lot Penned:. fot th.: purposes of this sea:ion, I .sub
standard 10:' shaD be I Jot wiUl a wicHt. of less th.an fifty feet or I depth of
less than t:1Jhty-thrtt feet and IT. i.1C1 le11 than eignty-thl'ec pt:1ccnt of t.he
minimum area rcq uired' by th e tD!'ling 0 r the parcel.
c.... 'lb}, Hcis.h.t. The ma.~mum height shall be 5.1817 tT',etc.rs (seventeen
'" ~'!. i'J' {H:t), IS measured 10 the peak of the roof;, heu If, "0 :RfUetUfe Z:'I~
~n and radio ,OteRM! Ind-c:b:irn.:ne)s .lI~fhte,-!ft~leud abe •• Of
..bD¥ond-a-da~1-,.w.i ~ lis i1I: • height-o~6-metcn-ftwel\le i=!!I(j al eadr
side OJ leat tiJje-.nd-an-aTIJ~.!lafiYe defIcrs
cJ_lel Ibbitable Floor Limitation. There shaD b~ .. limit of ont fillbiuble
floor. Habitable 11oo!"lo include lofl.5, mezzanines and similar area.s but u·
clua:r basements, The c}-Jc( buildin& official shall make the final derer·
minarion 1.5 to whether I floor is habitable. r, r __
t...~) Sin,.lc·r..mny homes O'!'l substandard lotS, exiSting: on th~ ~rfectiVC'
d.atc of the ordiMnce codified in 1his .sect:on and wttich prior 10 that date
were la .... ful. camillyins struCtures shall M deemed 1e bt. complying strut·
, ,-:; nuts. Su.ch strvctU1es may r~maln and m.;!y be remo-dclcd, improved or
_ replaced Without comply in, with the s.ite devewpmcnt reculations containc.d
Q{ 1_. m thi5 section so long as an)'" such l-c::mo(icling, improl,lement or r~placernent
'J C'I: does not resuit in a heisbt abovc 5.181' meters (seventeen feet) or an)' addi·
-
tiona1 .habitable Ooor area above a fnt tabita'ble floor. except that any
structure damaged: or destroyed' by n:.iItunl disaster (such a.s fl.Te, flood or
earthquake) may be replaced 10 its previous size without reprd to the heig'ht
and habitable floor amjtations imposed by this section.
4-, foe) Nothin, contained ill tM. s:ction wall affc.t:t or otherwise n.dcf:me
the provisions 'Of S~ct.ion IS.88.050 as to tile detc:rmmation of whether .II
substan:!an! lot rna:; 1)e \lsed as I lot under this title. (Or..!. 3861 § 5,19&9:
Ord. 38S0 1',1989: Qrd. 366211, 1986).
18.11.060 Parkin, and lolding.. (I) Off-street parkin, and loading
facilitie$ shaI! be .req\<.ire4 for aD permitt~ and conditional uses in accord
with Chapter 18.83 of this title.. All parking I"d Ioadins fi~ilitjes Oil any site,
whether .requlred' as minimums or optionany protlided in addition to mini
mum requiremen.ts. shall comply with the fegula60ns and the design
standards established by Chapter IB.S3.
(b) Minimum parkina rc=:qwemenU for selected uses permitte6 .in the
R-1 sinJle·!&rnily residencc distriCt shall be as foDows (see Ils.o Chapter
IS.B):
Single-Family DweDin&s. TIle minimum parkini requirement for each
sinlle-fa.mily ~\lIeUin, shaD be 1WO spaces. A m..i.nimum of one spact Pf:r
slngle.fami]y cJwellin, &hAIl be covered. Tandem parkin, shaD !'Ie &Uow~.
{c) No required parkin. space shall be located in a reQuired front yJ.td,
516-3
L
'. \
--
.'.'7.';.' .... ." .' ' "
'. . .
'. -~
•. " >-
.,
\
.-
•
L
-
R-l DISTRlCT REGULATIONS 18.12.080
'llr'iti'l'site deveiopment regulations for continual use and occupancy by the
same use; provlded, that any su-:h remodeling, improv~mcnt, or re~la~ment
shaD Dot mwLin increased floor area, Dumber of dw!!lling units, height,
length, or an:, other increase in the size of the impr.:: ... ement.
(c) Notwiths!anding any provwons of Chapters IS.Sa :i!1d/or 18.94, in
the case of a iegal and nOtlconfonninS second detached sint/e-family
dweUing ex.isting prior to July 20, 1978 on a lot, such nonconforming use
shill be pennitted to remodet, il"npro\'e, or replace site imprcvements co Lie
same site for continual use and occupancy by the same use, '\/without neces
sity to comply with site dcvejopment regulations; provided, that ll!1y such
__ ~ -==~modeting, impro.,ement or replacement shaD not result in increased floor
area, number of dweUing units, height, length, or an)! other .increase in the
siz.e of the :i:rnpro\iement (Ord. 3'741 § 1, 1987; Oro. 3583 § 1,1984; Ord.
3255 § 4, 1981; Ord. 3070 § 1 (part), 1978.· Ord 3064 § 1 (part), 1978:
>
Ord. 3048 (por1), 1978)_
18.12.080 Permitted yard encroachments. (a~ Horiz.ontaJ Additions.
Where I single-farr:Ey dwelling lega.fl> contructed according to existing yard
and setback regulations at t.l:!e time of construction encroaches upon present
required yards, one encroaching slde of the existing structure may be
extende<l in accord with this section. Only one su.::b c.x.ter.sion shaD be
permitted fer a life of such building. This secHO::l sha!1 not be construed to
aDow the further ~xtensior. of a:! e.ncro3crunem by any building which is the
result of the granting of a variance, either before 0; after such property
became ~art of the city.
(1) front Yard. In cases where the existing setback is less than 6.1
metrn (twenty feet) but at least 4 . .3 meters (fourteen feet), the extsting
encroachment may ~ extended for a. distance of not more tha.n one hundred
percent of the length of waD to be extended. provided. tnat the total1cngth
of the existing tIlcroaching w .. ll and the additional wall shall together not
t".:;:eed one--half the max [mum existiros width of such bUilding.
(2) Interior Side Yard. In cases where the existing set~ac1c is less than
2.S mete~ (eight feet) but at least 1.5 meters (fNe feet), an existing en
croachment may be extended not more than one hundred percent of the
length of the existing encroachment., but not to exceed 6.1 additional meters.
(twenty additionaJ feet).
(3) Street Side Yard. 1n cases where the existing, side yard setbad is
less than 4.9 meters (siJ::teen feet) but at least .3.0 meters (f!':l1 feet), an exist·
ing encroach."l1ent may be extended for not mvre than one hundred percent
of t:1:: length of the encroaching, waD to be extended, but not to exceed 6.1
meters (twenty feet).
(b) Subsection (Ii) of this section notwithstandinj. an addition shaD
not be permitted to encroach into a special setback, ;as established by the
576--5
-
...
18.12.090 ZO).,1NG
setback map pursuant 10 Chapter 20,08 of the PAlo A.tto Mun.iclpa! Code.
(Ord. 3905 I n, 1989; Ord. 3683 II 9, 10, IS, 1986; Ord. 3536 f 33,
1984; Ord. )34S t 3, 1982).
U.Jl.09O ElIeeptions 10 site d~clopmenl :relutations for home
imp70.~nts and minol additions.. (a) General. Subject to th-:-provisjons or
tM section And the purpoSC' and Intent of this title, the 2.cnine .administrator
IT'.JIy grant uceptions to tne site deve:lopm!:llt uluLations of this c:hapt!:! for
comtrut:tiol'l oJ home im~ro"'t-rnellt5 .all~ mir-oT a6.dition5. EXteptiot"-s for
inC!'"eue.j' floor area ratio may not be vanted purs.uan! to this 5eC"Jon t),:cpt
sote't'j as provid.o:.d in s:u'bsechon (b) hcr«l-f.
(OJ Exceptioru to floor area ratio regulitions, Exceptions may be
uante.d to the floor area Tei\llatNJN only fot incide.ntal inCT"'"-UeS in floor
lrea (or u..:hitectural featurt.5, inChldir.g. but not lintited to, dormers and
stainways. For PU1"'f>OSeS of this sub~ctjoc (b). the term "incic1entJi increase.5
jn noor Irea" means those &J'chjtectural additions nectssary to effect.ive-ly
ul.iliu existing .areas of a buildinl.
(cJ Dermit}oll. For the purposes of this section. hom-e improvement.;.
and minor .ddjtinns mean COnH1l.ldion whereby at .leut seV'Cnty~fiv( ~rcent
of the uj~inJ exterior .... alls On litJear fec-t) .nd t'l1 .. enty·f ..... e pc:ro;:ent of exist
in, roof fra.me (in 541.W't feet) of I building is retaintd.
(d) Jleview In" A~~roVil! Process. Applic8'T:ion for exceptions s"hali be
l'rdde if! the same manner as provided for we proccssirll of \'Iriance.!i, PU!
sua.n\ 10 Chapter lS..90 of this tit~, W\th the neepotion of ti"ot fmdmp.
requ.ired for approval, Ihe procedures reining 10 nctia: Ind hearing: effective
date: fe'w'OCItion and duration ~ reporu and inteua-tion into the. subdwision
approval process sWaD be IS provjdl:d for in OtaI'tCT IS.90.
(e) findi..,gs. The lonins; administntor may J1"&n:: e:..ceptions from the
site deVC'Jopment rel:ulations or this chapter, after consideration of the
Ipplication Ind all testimoTlY, both 017lJ and written, offered at the: pVbtic
hearing. upon mak.ing the fOUOWUl, rUldings:
(i) There are exceptional or extraordinary circumstances or conditions
'ppliable to the property involved thu do 1'101 app'ly ICllerany to pro~n)l
in the }t.J d.ist:rict; ,nd'
(ii) The ann1!TIJ of the ippllcation is desinbtc for the p~se1""Y1ltion of
In tx.1stin, architectural sty~ or :neiJ,hborhood character. which would not
otherwise be accomplished lhroulh the strict a?pliCLtion of the fl'ro'Vi§.ions
oC this chapter; and
(iii} The. lI'3n!in& of the application will not be detrimental or injurious
10 property or improvements. in the: vicinity and wm 1101 be de:triment&J to
thr public health. safety,aeneraJ we:lfll"e or ccpveruence.
ln 4etermlninl .... helher or nor to Irant exceptions FIUS .... nt to this
section, the zoninl administ."':iIOr :sh.aJJ coru.lder S\lc:h d.esign ,uide1in~s for
...
,
•
,