Chapter 18.01 — ADOPTION, PURPOSES, AND ENFORCEMENT

This title establishes comprehensive zoning regulations for the city, which regulations shall consist of the following:

(a) A map, or set of maps, known as the zoning map, establishing and delineating various classes of districts within the incorporated territory of the city; and

(b) Regulations, known as the zoning regulations, governing the use of land and the placement of buildings and improvements within the various classes of districts.

The zoning map and zoning regulations shall govern the use of land, including the construction, alteration, movement, replacement, or maintenance of buildings; the conduct of residential, commercial, industrial, and public service activities; the height, bulk, and placement of buildings and uses on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this title.

(Ord. 3048 (part), 1978)

The purposes of this title shall be to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare, including the following more particularly specified purposes:

(a) To further, promote, and accomplish the objectives, policies, and programs of the Palo Alto Comprehensive Plan;

(b) To lessen congestion and assure convenience of access; to secure safety from fire, flood, and other dangers; to provide for adequate public health, sanitation, and general welfare; to provide for adequate light, air, sunlight, and environmental amenities; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population, to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services to the community.

(Ord. 3048 (part), 1978)

Whenever in the opinion of the Planning and Community Environment Director (PCE Director) there is any question regarding the interpretation of the Comprehensive Plan or the planning and land use provisions of Titles 16, 18 or 21 to any specific case or situation, the PCE Director shall have the authority to interpret such planning codes. When in the opinion of the PCE Director a formal written decision is warranted, the Director shall make the written decision available to the public by posting on the City’s website. The interpretation shall become effective fourteen consecutive calendar days from the date of posting unless appealed under this section. The interpretation shall become the standard interpretation for future application of that provision of this Chapter unless changed by the Council on appeal. In accordance with the provisions of Section 18.77.070(f), any person may appeal the PCE Director’s written interpretation prior to its effective date. All final written interpretations made under this section shall be made publicly available on the City’s website. Staff shall prepare a quarterly Information Report to the Council summarizing all final interpretations made under this section.

(Ord. 5373 § 5, 2016)

No land shall be used, and no facility, structure, or building shall be erected, constructed, enlarged, altered, moved, or used in any district, as shown upon the zoning map, except in accord with the regulations established by this title.

(Ord. 3048 (part), 1978)

In interpreting and applying the provisions of this title, unless otherwise stated, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, and the general welfare.

(Ord. 3048 (part), 1978)

Where conflict occurs between the regulations established by this title and the provisions of any other law, title, ordinance, code or other regulation effective within the city, including but not limited to Title 16, Building Regulations, and Chapter 20.08, Setback Lines, the more restrictive of any such provisions shall apply.

It is not intended that this title shall interfere with or abrogate or annul any easement, covenant, or other agreement now in effect; provided, however, that where this title imposes a greater restriction than imposed or required by any other law, title, ordinance, code, or other regulation, or by any easement, covenant, or agreement, the provisions of this title shall apply.

(Ord. 4642 § 31, 2000: Ord. 3064 § 1 (part), 1978: Ord. 3048 (part), 1978)

Any building constructed, altered, moved, replaced, or otherwise maintained, or any use of property in a manner contrary to the provisions of this title, is unlawful and a public nuisance, and the city attorney shall commence such action or actions, proceeding or proceedings as may be deemed appropriate by the city attorney for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any person, firm, or corporation from constructing, altering, moving, replacing, or otherwise maintaining any building, or using any property in a manner contrary to the provisions of this title.

(Ord. 3048 (part), 1978)

All remedies provided for in this title shall be cumulative and not exclusive.

(Ord. 3048 (part), 1978)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter or any permits, conditions, or variances granted under this chapter, and shall be subject to any penalty or penalties authorized by law, including but not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of this code; and criminal enforcement pursuant toChapter 1.08 of this code. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense.

When the code enforcement officer determines that a violation of this chapter has occurred, he/she may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the code enforcement officer shall issue and record a release of the notice of pendency of code violation.

(Ord. 5493 § 1, 2020: Ord. 3881 § 10, 1989: Ord. 3048 (part), 1978)

The employee positions designated in this section are authorized to exercise the authority provided in California Penal Code section 836.5 for violations of this chapter. The designated employee positions are: (1) chief building official; and (2) code enforcement officer.

(Ord. 5493 § 2, 2020: Ord. 3184 § 9, 1980)