East Palo Alto Municipal Code Ch. 18.11 Overlay Zones

A. The purpose of an overlay zoning district is to allow the City to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental resource issues. An overlay zoning district also is an appropriate mechanism to implement long-term goals and land use requirements for a specific property or location and is intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives. Overlay zoning districts are established through rezoning and only in conjunction with base zoning districts. Except as modified by the overlay zoning district, the provisions of the applicable base-zoning district apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.

B. Whenever an overlay district is established, any subsequent change to the base-zoning district shall not be construed to alter the overlay district. Projects must meet general plan requirements for increases in intensity. An intent to alter the overlay district on a given property requires an application.

(Ord. No. 08-2022, § 1, 11-15-2022)

A. The Neighborhood Center Overlay (NCO) Zone provides for additional residential density in the Multiple-Family High Density Residential Zone (subzone R-HD-5) and the Multiple-Family Urban High Density Residential Zones (R-UHD), as well as ground floor neighborhood service uses to serve the needs of residents living in the higher density dwellings. This zone implements the NCO land use designation in the General Plan.

B. The NCO Zone shall apply to properties identified on the zoning map by the symbol "NCO" within parentheses, following the R-HD-5 or R-UHD designation. The development standards established by this chapter shall apply in lieu of the comparable standards established for the underlying R-HD-5 or R-UHD zone.

C. The NCO Zone may only be applied to properties in the Westside Area designated as eligible for increases in intensity on a "project-by-project basis" as set forth by Westside Area Plan Policy 5.4 and Figure 11-12.

D. The NCO Zone may only be applied to properties zoned R-HD-5 or R-UHD that do not adjoin parcels zoned R-LD or R-MD.

E. The NCO Zone may not be applied to any parcels with frontage within 100 feet of the centerline of San Francisquito Creek.

(Ord. No. 08-2022, § 1, 11-15-2022)

A. Permitted Uses. Neighborhood services uses no greater than 5,000 square feet in size shall be permitted in addition to the land uses permitted and conditionally permitted in the underlying R-HD-5 or R-UHD zoning district shown in Section 18.10.020, Table 2-1.

B. Additional Regulations. Regulations applicable to the underlying R-HD-5 or R-UHD zone that are not in conflict with the provisions of this chapter shall apply. Provisions elsewhere in the Development Code also may apply.

C. Permit Processing. All permit processing procedures, as applicable, set forth in Article 7 of the Development Code are required.

(Ord. No. 08-2022, § 1, 11-15-2022)

For properties within the NCO Zone, the requirements set forth in Section 18.10.030, Table 2-2 for the R-HD-5 and R-UHD zones, as applicable, shall apply except as amended by the NCO Zone standards set forth in Table 2-2.1 below.

Table 2-2.1 Development Standards for NCO Zone

Notes:

1. Height regulations related to mechanical screening and equipment in Municipal Code Sections 18.22.030 and 18.22.040 shall apply.

2. Common Open Space and Private Open Space may be aggregated without limitation.

3. Municipal Code Section 18.30.080(B) shall not apply in the NCO overlay for any project with an approved Parking Study and Transportation Demand Management (TDM) Plan submitted pursuant to Municipal Code Section 18.32 that utilizes unbundled parking as a TDM measure.

(Ord. No. 08-2022, § 1, 11-15-2022)

Prior to the Planning Commission recommending approval of any NCO district application and prior to the City Council approving an ordinance designating and regulating any NCO district, all of the following findings must be made with respect to the proposal, in addition to findings required by Chapter 18.114:

A. The project does not displace existing residents.

B. The project provides income-restricted affordable housing consistent with City's Inclusionary Housing Ordinance (Chapter 18.37 of the East Palo Alto Municipal Code).

C. The project preserves "right of return" for existing residents if demolition of existing residential units is proposed.

D. The project maintains the City's rent stabilization program, where applicable.

E. The project contributes to the provision of new parks and open spaces.

F. The project contributes to the provision of new streets and infrastructure.

G. The project improves the fiscal health of the City.

H. The project enhances the area for residents.

(Ord. No. 08-2022, § 1, 11-15-2022)