Chapter 18.16 — NEIGHBORHOOD, COMMUNITY, AND SERVICE COMMERCIAL (CN, CC and CS) DISTRICTS

Sections:

18.16.010 Purposes 18.16.020 Applicable Regulations 18.16.030 Definitions 18.16.040 Land Uses 18.16.050 Office Use Restrictions 18.16.060 Development Standards 18.16.065 Increased Floor Area for Housing Developments of 3-10 Units 18.16.070 Parking and Loading 18.16.080 Performance Standards 18.16.090 Context-Based Design Criteria and Objective Design Standards

18.16.100 Grandfathered Uses

The commercial zoning districts are intended to create and maintain sites for retail, personal services, eating and drinking establishments, hotels and other business uses in a manner that balances the needs of those uses with the need to minimize impacts to surrounding neighborhoods.

(a) Neighborhood Commercial [CN]

The CN neighborhood commercial district is intended to create and maintain neighborhood shopping areas primarily accommodating retail sales, personal service, eating and drinking, and office uses of moderate size serving the immediate neighborhood, under regulations that will assure maximum compatibility with surrounding residential areas.

(b) Community Commercial [CC]

The CC community commercial district is intended to create and maintain major commercial centers accommodating a broad range of office, retail sales, and other commercial activities of community-wide or regional significance. The CC community commercial district is intended to be applied to regional/community commercial centers identified by the Palo Alto Comprehensive Plan.

(c) Community Commercial (2) Subdistrict [CC(2)]

The community commercial (2) (CC(2)) subdistrict is intended to modify the site development regulations of the CC community commercial district, where applied in combination with such district, to allow site specific variations to the community commercial uses and development requirements in the CC district.

(d) Service Commercial [CS]

The CS service commercial district is intended to create and maintain areas accommodating citywide and regional services that may be inappropriate in neighborhood or pedestrian-oriented shopping areas, and which generally require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles.

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

(a) Applicable Chapters

The specific regulations of this chapter and the additional regulations and procedures established by other relevant chapters of the Zoning Code shall apply to the CN, CS, and CC districts, and the subdistrict designated as CC(2), as shown on the city's Zoning Map. The term "abutting residential zones," where used in this Chapter, includes the R1, R-2, RMD, RM-20, RM-30, RM-40, or residential Planned Community (PC) districts, unless otherwise specifically noted.

(b) Applicable Combining Districts

The combining districts applicable to the CN, CS, CC and CC(2) districts shall include, but shall not be limited to, the following districts:

(1) The retail shopping (R) combining district regulations, as specified in Chapter 18.30(A), shall apply to the area of the CN, CS, and CC districts designated as "R" combining district as shown on the city's Zoning Map.

(2) The pedestrian shopping (P) combining district regulations, as specified in Chapter 18.30(B), shall apply to the area of the CN, CS, CC and CC(2) districts designated "P" combining district as shown on the city's Zoning Map.

(Ord. 5460 § 15, 2019: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

For the purposes of this section, the following terms are defined:

(a) "Charleston Shopping Center" is defined as all properties zoned CN and bounded by East Charleston Road, Middlefield Road, and Cubberley Community Center.

(b) "Midtown Shopping District" is defined as all properties zoned CN in the vicinity of the intersection of Colorado Avenue and Middlefield Road which border Moreno Avenue, Bryson Avenue, Colorado Avenue, and San Carlos Court, or which border Middlefield Road in the area extending from Moreno Avenue to San Carlos Court.

(c) "Town and Country Village Shopping Center" is defined as all properties zoned CC and bounded by El Camino Real, Embarcadero Road, Encina Avenue, and the Southern Pacific right-of-way.

(d) "Stanford Shopping Center" is defined as all properties zoned CC and bounded by El Camino Real, Sand Hill Road, Quarry Road, and Vineyard Lane.

(e) "Neighborhood-serving offices" are medical offices, professional offices, travel agencies, and insurance agencies that fit the definition of a neighborhood-serving use.

(f) A "Neighborhood Serving Use" is a use that primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of customers and clients travel, rather than the provider of the goods or services traveling off-site.

(g) "Ground Floor" shall mean the first floor that is above grade.

(h) "Mixed Use Development" shall mean a combination of nonresidential and residential uses arranged on a site. The uses may be combined in a vertical configuration (within a building) or in a horizontal configuration (separate buildings).

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well.

(a) Commercial Zones and Land Uses

Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1:

TABLE 1

PERMITTED AND CONDITIONALLY PERMITTED USES

P = Permitted Use CUP = Conditional Use Permit Required

EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES

(1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c).

(2) Except drive-in services.

(3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another.

(4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit.

(5) A conditional use permit is not required for medical office or commercial recreation uses up to 5,000 square feet of gross floor area, with the following exceptions, for which a conditional use permit is always required: (A) medical office fronting on California Avenue and in the Midtown Shopping District; (B) commercial recreation uses fronting on California Avenue and in the Town and Country Village Shopping Center.

(6) A conditional use permit is required for the following uses when fronting on California Avenue: (A) Fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area; and (B) Learning centers intended for individual or small group settings. A conditional use permit is required for fitness or exercise studios, and similar uses exceeding 1,800 square feet in gross floor area in Town and Country Village Shopping Center.

(b) Late Night Use and Activities

The following regulations restrict businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m., where such site abuts or is located within 50 feet of residentially zoned properties.

(1) Such businesses shall be operated in a manner to protect residential properties from excessive noise, odors, lighting or other nuisances from any sources during those hours.

(2) For properties located in the CN or CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply conditions of approval as are deemed necessary to assure that the operations or activities are compatible with the nearby residentially zoned property.

(c) CN District: Special Use Requirements in the Charleston and Midtown Shopping Centers

The following regulations shall apply to areas of Charleston Center and the Midtown Shopping Center as defined in Section 18.16.030.

Table 2 shows the uses permitted and conditionally permitted on the ground floor of the applicable areas of the Charleston Center and Midtown Shopping Centers. Permitted and conditional uses specified in subsection (a) of this section shall only apply to the ground floor of the areas of the Charleston and Midtown Shopping Centers as listed in Table 2. Uses lawfully existing on January 16, 2001 may be continued as non-conforming uses but may only be replaced with uses permitted or conditionally permitted under this subsection.

TABLE 2

CHARLESTON AND MIDTOWN SHOPPING CENTERS GROUND FLOOR USES

P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use

ACCESSORY AND SUPPORT USES

Temporary Parking Facilities, provided that such CUP CUP facilities shall remain no more than five years.

P = Permitted Use CUP = Conditional Use Permit Required X = Prohibited Use

(d) Charleston Shopping Center: Additional Use Restrictions

(1) Any office use first occupying space at the Center on or after January 16, 2001, shall obtain a written determination from the director of planning and development services that it qualifies as a neighborhood serving use, as defined in this chapter, before occupying its premises. The applicant shall submit such information as the director shall reasonably require in order to make the determination, and the director shall issue the determination within 30 days of receiving a complete application. Failure to submit the required information shall be grounds for determining that a business is not neighborhood-serving.

(2) No more than 7,850 square feet of total floor area at the Center shall be occupied by office uses at any time.

(3) Prior to approving a conditional use permit for neighborhood-serving offices larger than 2,500 square feet in total floor area, the city shall find that the proposed use will be neighborhood-serving, that it will be conducted in a manner that will enhance and strengthen the Center as a neighborhood resource, and that it will not diminish the retail strength of the center.

• (e) Midtown Shopping Center: Additional Use Restrictions

• (1) An existing ground floor office may be replaced with another office if

• (a) the new tenant or owner will continue the existing business or practice; or

• (b) a conditional use permit is issued for the new office use.

(2) No conditional use permit shall be issued for any new office use on the ground floor unless, in addition to the findings required for a conditional use permit as specified in Section 18.76.010, the city finds that the proposed use will be neighborhood serving, that it will be conducted in a manner that will enhance and strengthen the Midtown Shopping District as a neighborhood resource, and that it will not diminish the retail strength of the District.

(3) For properties at 711, 719, and 721 Colorado Avenue, and 689 Bryson Avenue, buildings not fronting on Middlefield Avenue, designed and used for office purposes, and not well suited to other uses are exempt from the provisions of this subsection (b).

(Ord. 5517 § 3, 2021: Ord. 5494 § 3, 2020: Ord. 5490 § 4, 2020: Ord. 5460 § 5, 2019: Ord. 5407 § 8, 2017: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

The following restrictions shall apply to office uses:

(a) Conversion of Ground Floor Housing and Non-Office Commercial to Office

Medical, Professional, and Business offices shall not be located on the ground floor, unless any of the following apply to such offices:

(1) Have been continuously in existence in that space since March 19, 2001, and as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.30(I);

(2) Occupy a space that was not occupied by housing, neighborhood business service, retail services, personal services, eating and drinking services, or automotive service on March 19, 2001 or thereafter;

• (3) Occupy a space that was vacant on March 19, 2001;

(4) Are located in new or remodeled ground floor area built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease;

(5) Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically allows for such ground floor medical, professional, and general business offices; or

(6) Are located anywhere in Building E or in the rear 50% of Building C or D of the property at the southeast corner of the intersection of Park Boulevard and California Avenue, as shown on sheet A2 of the plans titled “101 California Avenue Townhouse/Commercial/Office, Palo Alto, CA” by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department of Planning and Development Services.

• (b) Size Restrictions on Office Uses in the CN and CS Districts

• (1) In the CN district, office uses shall be governed by the following regulations:

• (A) Total floor area of permitted office uses on a lot shall not exceed 25% of the lot area, provided:

(i) A lot shall be permitted to have at least a total floor area of 2,500 square feet of office uses, provided the uses meet all other zoning regulations.

• (ii) No lot shall be permitted to have more than a total floor area of 5,000 square feet of office uses.

(B) Such uses may be allowed to exceed the maximum size, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.76. The maximum size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

(2) In the CS district, office uses shall be governed by the following regulations:

• (A) No lot shall be permitted to have more than a total floor area of 5,000 square feet of office uses.

(B) Such uses may be allowed to exceed the maximum size, subject to issuance of a conditional use permit in accord with the provisions of Chapter 18.76. The maximum size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

(Ord. 5494 § 3, 2020: Ord. 5432 § 8, 2018: Ord. 5373 § 14 (part), 2016; Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

(a) Exclusively Non-Residential Uses

Table 3 specifies the development standards for exclusively non-residential uses and alterations to non-residential uses or structures in the CN, CC, CC(2) and CS districts. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in Section 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020.

Table 3

Exclusively Non-residential Development Standards

(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard.

(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.

• (3) No setback from an alley is required for a public parking garage.

(4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not intrude into the daylight plane.

• (5) See additional regulations in subsection (e) of this Section 18.16.050.

• (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question.

• (7) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does not apply to CC district.

• (8) A 12-foot sidewalk width is required along El Camino Real frontage.

(9) Distance shall be measured from the property line of the subject site. 150-foot measurement may be reduced to 50 feet at minimum, subject to approval by the Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set forth in Chapter 18.76.

(b) Mixed Use and Residential

Table 4 specifies the development standards for new residential mixed use developments and residential developments. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24, except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the context-based design criteria outlined in Section 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020.

Table 4

Mixed Use and Residential Development Standards

(1) Twenty-five-foot driveway access permitted regardless of frontage; build-to requirement does not apply to CC district.

(2) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space except as provided below); (3) minimum private open space dimension six feet; and (4) minimum common open space dimension twelve feet.

For CN and CS sites on El Camino Real, CS sites on San Antonio Road between Middlefield Road and East Charleston Road and CC(2) sites that do not abut a single- or two-family residential use or zoning district, rooftop gardens may qualify as usable open space and may count as up to 60% of the required usable open space for the residential component of a project. In order to qualify as usable open space, the rooftop garden shall meet the requirements set forth in Section 18.40.230.

(3) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use.

(4) For CN sites on El Camino Real, height may increase to a maximum of 40 feet and the FAR may increase to a maximum of 1.0:1 (0.5:1 for nonresidential, 0.5:1 for residential).

(5) Distance shall be measured from the property line of the subject site. 150-foot measurement may be reduced to 50 feet at minimum, subject to approval by the Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set forth in Chapter 18.76.

(6) Ground floor commercial uses generally include retail, personal services, hotels and eating and drinking establishments. Office uses may be included only to the extent they are permitted in ground floor regulations.

(7) If located in the California Avenue Parking Assessment District.

(8) A 12-foot sidewalk width is required along El Camino Real frontage.

(9) Residential densities up to 20 units/acre are allowed on CN zoned housing inventory sites identified in the Housing Element. Other CN zoned sites not located on El Camino Real are subject to a maximum residential density of up to 15 units/acre.

(10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no minimum mixed use ground floor commercial FAR for a residential project, except to the extent that the retail preservation requirements of Section 18.40.180 or the retail shopping (R) combining district ( Chapter 18.30(A)) applies.

(1) Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with residential uses.

(2) Residential mixed use development is prohibited on any site designated with an Automobile Dealership (AD) Combining District overlay.

(c) Exclusively Residential Uses

Exclusively residential uses are generally prohibited in the CN, CS, CC(2) and CC zone districts, except on housing inventory sites identified in the Housing Element, subject to the standards in Section 18.16.060(b), and on CS and CN sites on El Camino Real and CC(2) sites, subject to the following.

(1) On CS and CN sites on El Camino Real and on CC(2) sites, where the retail shopping (R) combining district or the retail preservation provisions of Section 18.40.180 do not apply, exclusively residential uses are allowed subject to the standards in Section 18.16.060(b) and the following additional requirements:

(A) Residential units shall not be permitted on the ground-floor of development fronting on El Camino Real unless set back a minimum of 15 feet from the property line or the 12-foot effective sidewalk setback along the El Camino Real frontage, whichever is greater; for projects on Housing opportunity sites, or those utilizing the Housing Incentive Program or Affordable Housing Incentive Program, these setbacks may be modified by the standards in Chapter 18.14. Common areas, such as lobbies, stoops, community rooms, and work-out spaces with windows and architectural detail are permitted on the ground-floor El Camino Real frontage.

(B) Parking shall be located behind buildings or below grade, or, if infeasible, screened by landscaping, low walls, or garage structures with architectural detail.

(C) Combining district use regulations and design and development standards shall not apply to exclusively residential projects on Housing Element opportunity sites designated to accommodate lower income households, and may be limited for sites utilizing the Housing Incentive Program or Affordable Housing Incentive Program. See Chapter 18.14 for details.

(d) Hotel Regulations

(1) The purpose of these regulations is to allow floor area for development of hotels in excess of floor area limitations for other commercial uses, in order to provide a visitor-serving use that results in an enhanced business climate, increased transient occupancy tax and sales tax revenue, and other community and economic benefits to the city.

(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the following limitations:

(A) The hotel use must generate transient occupancy tax (TOT) as provided in Chapter 2.33 of the Palo Alto Municipal Code; and

(B) No room stays in excess of thirty days are permitted, except where the city council approves longer stays through an enforceable agreement with the applicant to provide for compensating revenues.

(3) Hotels may include residential condominium use, subject to:

• (A) No more than twenty-five percent of the floor area shall be devoted to condominium use; and

(B) No more than twenty-five percent of the total number of lodging units shall be devoted to condominium use; and

(C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and

(D) Where residential condominium use is proposed, room stays for other hotel rooms shall not exceed thirty days.

(4) Violation of this chapter is subject to enforcement action for stays in excess of thirty days not permitted under the provisions of this chapter, in which case each day of room stay in excess of thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16.

(e) CC District Shopping Center Floor Area Ratio Regulations

(1) The maximum floor area ratio for the Town and Country Village Shopping Center shall be .35 to 1; and office uses at said shopping center shall be limited to 15% of the floor area of the shopping center existing as of August 1, 1989. Hotel use shall not be included as part of the .35 to 1 maximum floor area ratio, but shall not exceed an additional .25 to 1 floor area ratio, for a maximum site floor area ratio of .60 to 1.

(2) The maximum floor area ratio for mixed use development for the Town and Country Village Shopping Center shall be limited to .50 to 1; provided that no more than .35 to 1 floor area shall be nonresidential, consistent with part (1) above, and not more than .15 to 1 floor area shall be residential.

(3) Stanford Shopping Center shall not be permitted to add more than 80,000 square feet of floor area to the total amount of floor area of the shopping center existing as of June 14, 1996, 1,332,362 square feet, for a total square footage not to exceed 1,412,362. Any hotel or mixed use development for the Stanford Shopping Center shall only be included if approved as part of a Development Agreement for the site.

(f) Size of Establishments in the CN District

In the CN district, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 5. Such uses may be allowed to exceed the maximum establishment size, subject to issuance of a conditional use permit in accord with Section 18.76.010. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

TABLE 5

MAXIMUM SIZE OF ESTABLISHMENT

(g) Nuisances Prohibited

All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illuminations. Prior to issuance of a building permit, or occupancy permit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition.

(h) Outdoor Sales and Storage

• (1) In the CN district, all permitted office and commercial activities shall be conducted within a building, except for:

(A) Incidental sales and display of plant materials and garden supplies occupying no more than 500 square feet of exterior sales and display area,

• (B) Farmers’ markets that have obtained a conditional use permit, and

• (C) Recycling centers that have obtained a conditional use permit.

• (D) Parklets that have obtained a permit per PAMC Chapter 12.11.

• (2) In the CC district and in the CC(2) district, the following regulations shall apply to outdoor sales and storage:

• (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for:

(i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area,

(ii) Outdoor eating areas operated incidental to permitted eating and drinking services or intensive retail uses, including parklets permitted under PAMC Chapter 12.11,

• (iii) Farmers’ markets that have obtained a conditional use permit, and

• (iv) Recycling centers that have obtained a conditional use permit.

(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit; parklets on public property approved via permit per PAMC Chapter 12.11 are exempt from this section.

(C) Exterior storage shall be prohibited, except as provided under subparagraph (A)(iv) of this subsection.

(3) In the CS district, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to permitted eating and drinking services shall be permitted subject to the following regulations:

(A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. Parklets on public property approved via permit per PAMC Chapter 12.11 are exempt from this section.

(B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening.

(C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height.

(i) (Reserved)

(j) Employee Showers

Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 6.

TABLE 6

EMPLOYEE SHOWERS REQUIRED

(k) (Reserved)

(l) Parking and Vehicular Access on California Avenue Restricted

Vehicular access to CC(2) zoned sites on California Avenue which requires vehicular movement across the sidewalk on California Avenue shall be prohibited, except where required by law and as applied to parcels owned, leased or controlled by the City.

(Ord. 5650 § 5, 2025: Ord. 5594 § 4, 2024: Ord. 5587 § 20, 2023: Ord. 5554 § 7, 2022: Ord. 5548 § 4, 2022: Ord. 5542 § 19, 2022: Ord. 5517 § 4, 2021: Ord. 5512 § 3, 2020: Ord. 5494 § 3, 2020: Ord. 5460 § 6, 2019: Ord. 5373 § 14 (part), 2016: Ord. 5230 §§ 5, 6,

2014: Ord. 5035 § 2, 2009: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006: Ord. 5608 § 7, 2024)

(a) A housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code of the State of California that is in a CN, CC or CS District shall be allowed to increase its floor area ratio as follows:

(i) A housing development project of three to seven units shall have a maximum floor area ratio of 1.0:1.

(ii) A housing development project of eight to ten units shall have a maximum floor area ratio of 1.25:1.

(b) This bonus shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code of the State of California, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

(c) For mixed use development, total mixed use floor area ratio shall be increased to the extent necessary to accommodate a nonresidential floor area ratio of 0.4:1 for retail and retail-like uses only.

(Ord. 5587 § 21, 2023: Ord. 5542 § 20, 2022)

Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapters 18.52 and 18.54 of this title. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and the design standards established by Chapters 18.52 and 18.54.

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

In addition to the standards for development prescribed above, all development in the CN, CS, CC, and CC(2) districts shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.40 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.40 of the Zoning Ordinance.

(Ord. 5554 § 8, 2022: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

In addition to the standards for development prescribed above, all Housing Development Projects in the CN, CS, CC, and CC(2) districts shall comply with the objective design standards outlined in Chapter 18.24 , as defined therein. All other developments, and all Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24 , shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.

• (a) Contextual and Compatibility Criteria

Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.

• (1) Context

(A) Context as used in this section is intended to indicate relationships between the site's development to adjacent street types, surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies.

(B) The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response.

• (2) Compatibility

(A) Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design linkages with the overall pattern of buildings so that the visual unity of the street is maintained.

• (B) Compatibility goals may be accomplished through various means, including but not limited to:

• (i) the siting, scale, massing, and materials;

• (ii) the rhythmic pattern of the street established by the general width of the buildings and the spacing between them;

• (iii) the pattern of roof lines and projections;

• (iv) the sizes, proportions, and orientations of windows, bays and doorways;

• (v) the location and treatment of entryways;

• (vi) the shadow patterns from massing and decorative features;

• (vii) the siting and treatment of parking; and

• (viii) the treatment of landscaping.

(b) Context-Based Design Considerations and Findings

In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the CN, CS, CC and CC(2) districts, as further illustrated on the accompanying diagrams:

(1) Pedestrian and Bicycle Environment

The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements such as:

• A. Ground floor uses that are appealing to pedestrians through well-designed visibility and access (Figure 1-1);

Figure 1-1

==> picture [183 x 111] intentionally omitted <==

B. On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings (Figure 1-2);

Figure 1-2

==> picture [184 x 111] intentionally omitted <==

C. Streetscape or pedestrian amenities that contribute to the area's streetscape environment such as street trees, bulbouts, benches, landscape elements, and public art (Figure 1-3);

Figure 1-3

==> picture [184 x 102] intentionally omitted <==

D. Bicycle amenities that contribute to the area's bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths (Figure 1-1); and

• E. Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street.

(2) Street Building Facades

Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements such as:

A. Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with the street (Figure 2-1);

Figure 2-1

==> picture [183 x 113] intentionally omitted <==

B. Facades that include projecting eaves and overhangs, porches, and other architectural elements that provide human scale and help break up building mass (Figure 2-2);

Figure 2-2

==> picture [183 x 227] intentionally omitted <==

C. Entries that are clearly defined features of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale;

• D. Residential units and storefronts that have a presence on the street and are not walled-off or oriented exclusively inward;

• E. Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street;

• F. All exposed sides of a building designed with the same level of care and integrity;

• G. Reinforcing the definition and importance of the street with building mass; and

• H. Upper floors set back to fit in with the context of the neighborhood.

• (3) Massing and Setbacks

Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as:

A. Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies (Figure 3-1);

B. Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 3-1);

C. Corner buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles (Figure 3-1);

Figure 3-1

==> picture [186 x 135] intentionally omitted <==

• D. Building facades articulated with a building base, body and roof or parapet edge (Figure 3-2);

Figure 3-2

==> picture [188 x 120] intentionally omitted <==

• E. Buildings set back from the property line to create an effective 12' sidewalk on El Camino Real, 8' elsewhere (Figure 3-4);

Figure 3-3

==> picture [184 x 128] intentionally omitted <==

• F. A majority of the building frontage located at the setback line (Figure 3-3); and

Figure 3-4

==> picture [148 x 123] intentionally omitted <==

G. No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential (Figure 3-3).

• (4) Low-Density Residential Transitions

Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through:

A. Transitions of development intensity from higher density development building types to building types that are compatible with

the lower intensity surrounding uses (Figure 4-1);

Figure 4-1

==> picture [184 x 88] intentionally omitted <==

B. Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-1 and R-2 zone requirements (Figure 4-2);

Figure 4-2

==> picture [180 x 124] intentionally omitted <==

C. Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties (Figure 4-3);

Figure 4-3

==> picture [183 x 114] intentionally omitted <==

• D. Minimizing sight lines into and from neighboring properties (Figure 4-3);

• E. Limiting sun and shade impacts on abutting properties; and

• F. Providing pedestrian paseos and mews to create separation between uses.

• (5) Project Open Space

Private and public open space shall be provided so that it is usable for the residents, visitors, and/or employees of a site.

A. The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy;

B. Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public)

• C. Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings;

• D. Usable open space may be any combination of private and common spaces;

E. Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops) (Figure 5-1);

Figure 5-1

==> picture [181 x 125] intentionally omitted <==

• F. Open space should be located to activate the street façade and increase "eyes on the street" when possible (Figure 5-1);

G. Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement;

H. Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces (Figure 5-2); and

• I. Parking may not be counted as open space.

Figure 5-2

==> picture [183 x 145] intentionally omitted <==

(6) Parking Design

Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that:

A. Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.;

• B. Structured parking is fronted or wrapped with habitable uses when possible (Figure 6-1);

Figure 6-1

==> picture [175 x 93] intentionally omitted <==

C. Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art;

• D. Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots (Figure 6-2);

Figure 6-2

==> picture [170 x 142] intentionally omitted <==

E. For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 6-3);

Figure 6-3

==> picture [184 x 123] intentionally omitted <==

• F. Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming;

G. For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet);

H. Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements (Figure 6-4); and

• I. Parking is accessed from side streets or alleys when possible.

Figure 6-4

==> picture [172 x 122] intentionally omitted <==

Figure 6-5 -- Mixed-Use with Surface Parking

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Figure 6-6 -- Mixed-Use with Podium Parking

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Figure 6-7 -- Mixed-Use with Partial Sub-Grade Parking Podium

==> picture [323 x 109] intentionally omitted <==

Figure 6-8 -- Mixed-Use with Below-Grade Parking Podium

==> picture [330 x 121] intentionally omitted <==

(7) Large (Multi-Acre) Sites

Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that:

A. New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable);

B. The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1-2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 7-1 through 7-3); and

C. Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single-family residences) (Figures 7-2 and 7-3).

Figure 7-1

==> picture [157 x 95] intentionally omitted <==

Figure 7-2

==> picture [174 x 175] intentionally omitted <==

Figure 7-3

==> picture [176 x 182] intentionally omitted <==

(8) Sustainability and Green Building Design

Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design:

• A. Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 8-1).

Figure 8-1

==> picture [183 x 137] intentionally omitted <==

• B. Design landscaping to create comfortable micro-climates and reduce heat island effects.

• C. Design for easy pedestrian, bicycle, and transit access.

• D. Maximize onsite stormwater management through landscaping and permeable pavement (Figure 8-2).

Figure 8-2

==> picture [179 x 147] intentionally omitted <==

E. Use sustainable building materials.

• F. Design lighting, plumbing, and equipment for efficient energy and water use.

• G. Create healthy indoor environments.

H. Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements.

I. Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment.

J. Encourage installation of photovoltaic panels (Figure 8-3).

Figure 8-3

==> picture [183 x 138] intentionally omitted <==

• (Ord. 5554 § 9, 2022: Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

(a) CN District Office Uses

In the CN district, all office uses existing as of August 1, 1989, which were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit and which, as of such date, exceed 5,000 square feet in size or 25% of lot area, may remain as legal nonconforming uses and shall not require a conditional use permit or be subject to termination pursuant to Chapter 18.70, provided, however, that in the case of a conflict between the provisions of this section and the provisions of Chapter 18.70, this section shall control. Such uses shall be permitted to remodel, improve, or replace site improvements in accordance with current applicable site development regulations, provided that any such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses.

(b) CS District Office Uses

In the CS district, medical, professional or general business or administrative office uses existing on August 1, 1989 and which, as of such date, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit may remain as legal nonconforming uses and shall not require a conditional use permit or be subject to termination pursuant to Chapter 18.70, provided, however, that in the case of a conflict between the provisions of this section and the provisions of Chapter 18.70, this section shall control. Such uses shall be permitted to remodel, improve, or replace site improvements in accordance with current applicable site development regulations, provided that any such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses.

(Ord. 4923 § 3 (part), 2006: Ord. 4925 § 3 (part), 2006)

Chapter 18.18

DOWNTOWN COMMERCIAL (CD) DISTRICT

Sections:

18.18.010 Purposes

18.18.020 Applicable Regulations 18.18.030 Definitions 18.18.050 Land Uses

18.18.060 Development Standards

• 18.18.065 Increased Floor Area for Housing Developments of 3-10 Units

• 18.18.070 Floor Area Bonuses

• 18.18.080 Transfer of Development Rights

• 18.18.090 Parking and Loading

18.18.100 General Standards, Exceptions, and Performance Standards

• 18.18.110 Context-Based Design Criteria and Objective Design Standards

• 18.18.120 Noncomplying (Grandfathered) Uses and Facilities

• (a) Downtown Commercial District [CD]

The CD downtown commercial district is intended to be a comprehensive zoning district for the downtown business area, accommodating a wide range of commercial uses serving city-wide and regional business and service needs, as well as providing for residential uses and neighborhood service needs. The CD commercial downtown district is specifically created to promote the following objectives in the downtown area of Palo Alto:

• (1) control the rate and size of commercial development;

• (2) preserve and promote ground-floor retail uses;

• (3) enhance pedestrian activity;

• (4) create harmonious transitions from the commercial areas to adjacent residential areas; and

• (5) where applied in conjunction with Chapter 16.49 of the Palo Alto Municipal Code, preserve historic buildings.

(Ord. 4923 § 4 (part), 2006)

• (a) Applicable Chapters

The specific regulations of this chapter and the additional regulations and procedures established by other relevant chapters of the Zoning Code shall apply to the CD commercial downtown district, including subdistricts designated as CD-C (community), CD-S (service) and CD-N (neighborhood) and site development areas within the CD district, as shown on the City's Zoning Map. The term "abutting residential zones," where used in this chapter, includes the R-1, R-2, RMD, RM-20, RM-30, RM-40, or residential Planned Community (PC) districts, unless otherwise specifically noted.

• (b) Applicable Combining Districts

The combining districts applicable to the CD district shall include, but shall not be limited to, the following districts:

(1) The pedestrian shopping (P) combining district regulations, as specified in Chapter 18.30(B), shall apply to the area of the CD district designated "P" combining district as shown on the City's Zoning Map.

(2) The ground floor (GF) combining district regulations, as specified in Chapter 18.30(C), shall apply to the area of the CD district designated "GF" combining district as shown on the City's Zoning Map.

(Ord. 5460 § 15, 2019: Ord. 4923 § 4 (part), 2006)

(a) For the purposes of calculating floor area ratio for nonresidential uses under this chapter, "gross floor area" includes not only the area defined in Chapter 18.04, but also all covered at-grade or above-grade parking for nonresidential uses, no matter how slightly above grade such parking is.

(b) As used in this chapter, “historic rehabilitation” means returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its

historic, architectural, and cultural values. “Historic rehabilitation” shall remedy all the known rehabilitation needs of the building, and shall not be confined to routine repair and maintenance as determined by the director of planning and development services.

(c) As used in this chapter, “certification” means certification, by the director of planning and development services, of floor area eligible for transfer to another site as described in Section 18.18.070.

(d) As used in this chapter, "receiver site" means a site which receives floor area pursuant to the provisions of Section 18.18.080.

(e) As used in this chapter, “sender site” means a site which has received a certification by the director of planning and development services of floor area eligible for transfer to another site pursuant to the provisions of this chapter.

(f) “Transferable development right” or “TDR” means the floor area eligible for transfer to a receiver site as described in Section 18.18.080 of this code.

(Ord. 5494 § 3, 2020: Ord. 4923 § 4 (part), 2006)

The uses of land allowed by this chapter in each commercial zoning district are identified in the following table. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well.

Permited and conditionally permitted land uses for the CD district are shown in Table 1:

(3) A conditional use permit is not required for commercial recreation uses up to 5,000 square feet of gross floor area, with the following exceptions, for which a conditional use permit is always required: (A) medical office fronting on University Avenue; (B) commercial recreation uses fronting on University Avenue.

(4) A conditional use permit is required for the following uses when fronting on University Avenue: (A) Fitness or exercise studios, and similar uses; and (B) Learning centers intended for individual or small group settings.

• (Ord. 5517 § 5, 2021: Ord. 5490 § 5, 2020: Ord. 5407 § 9, 2017: Ord. 5065 § 4, 2009: Ord. 4923 § 4 (part), 2006)

(a) Exclusively Non-Residential Use

Table 2 specifies the development standards for new exclusively non-residential uses and alterations to non-residential uses or structures in the CD district, including the CD-C, CD-S, and CD-N subdistricts. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020:

(5) FAR may be increased with transfers of development and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD-N subdistricts.

(b) Mixed Use and Residential

Table 3 specifies the development standards for new residential mixed use developments and residential developments. Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24, except that sites designated as Housing Element Opportunity Sites shall meet the development standards as modified in Chapter 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet context- based design criteria outlines in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020:

TABLE 3

MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS

(1) Required usable open space: (1) may be any combination of private and common open spaces; (2) does not need to be located on the ground (but rooftop gardens are not included as open space except as provided below); (3) minimum private open space dimension 6; and (4) minimum common open space dimension 12

(2) Residential density shall be computed based upon the total site area, irrespective of the percent of the site devoted to commercial use. There shall be no deduction for that portion of the site area in nonresidential use.

(3) FAR may be increased with transfers of development, increased floor area for housing development projects with 3-10 residential units pursuant to 18.18.065, and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD-C subdistrict or 2.0:1 in the CD-S or CD-N subdistrict.

(4) Distance shall be measured from the property line of the subject site.

(5) The weighted average residential unit size shall be calculated by dividing the sum of the square footage of all units by the number of units. For example, a project with ten 800-square foot 1-bedroom units, eight 1,200-square foot 2-bedroom units, and two 1,800-square foot 3-bedroom units would have a weighted average residential unit size of ((10x800)+(8x1,200)+(2x1,800)) ÷ (10+8+2) = 1,060 square feet.

(1) Nonresidential uses that involve the use or storage of hazardous materials in excess of the exempt quantities prescribed in Title 15 of the Municipal Code, including but not limited to dry cleaning plants and auto repair, are prohibited in a mixed use development with residential uses.

(c) Exclusively Residential Uses

(1) Exclusively residential uses are allowed in the CD-C subdistrict, except in the ground floor (GF) combining district. However, GF combining district use regulations and design and development standards shall not apply to exclusively residential projects on Housing Element opportunity sites designated to accommodate lower income households. See Section 18.14.020 for details.

(2) Exclusively residential uses are generally prohibited in the CD-N and CD-S subdistricts. Such uses are allowed, however, where a site is designated as a housing inventory site in the Housing Element of the Comprehensive Plan.

(d) Hotel Regulations

(1) The purpose of these regulations is to allow floor area for development of hotels in excess of floor area limitations for other commercial uses, in order to provide a visitor-serving use that results in an enhanced business climate, increased transient occupancy tax and sales tax revenue, and other community and economic benefits to the city.

(2) Hotels, where they are a permitted use, may develop to a maximum FAR of 2.0:1, subject to the following limitations:

(A) The hotel use must generate transient occupancy tax (TOT) as provided in Chapter 2.33 of the Palo Alto Municipal Code; and

(B) No room stays in excess of thirty days are permitted, except where the city council approves longer stays through an enforceable agreement with the applicant to provide for compensating revenues.

• (3) Hotels may include residential condominium use, subject to:

• (A) No more than twenty-five percent of the floor area shall be devoted to condominium use; and

• (B) No more than twenty-five percent of the total number of lodging units shall be devoted to condominium use; and

• (C) A minimum FAR of 1.0 shall be provided for the hotel/condominium building(s); and

(D) Where residential condominium use is proposed, room stays for other hotel rooms shall not exceed thirty days.

(4) Violation of this chapter is subject to enforcement action for stays in excess of thirty days not permitted under the provisions of this chapter, in which case each day of room stay in excess of thirty days shall constitute a separate violation and administrative penalties shall be assessed pursuant to Chapters 1.12 and 1.16.

(e) Exempt Floor Area

(1) When an existing building is being expanded, square footage which, in the judgement of the chief building official, does not increase the usable floor area, and is either necessary to conform the building to Title 24 of the California Code of Regulations, regarding disability related access, or is necessary to implement the historic rehabilitation of the building, shall not be counted as floor area. For the purposes of this section disability related upgrades are limited to the incremental square footage necessary to accommodate disability access and shall be subject to the Director’s approval not to exceed 500 square feet per site. Disability related upgrades shall only apply to remodels of existing buildings and shall not qualify for grandfathered floor area in the event the building is later replaced or otherwise redeveloped.

(2) Buildings located in the CD-C subdistrict that are noncomplying for height or gross floor area shall be permitted to increase height and expand floor area to the minimum degree necessary to provide rooftop access and related amenities. Such access and amenities may include features such as stairs, elevators, trellises, outdoor furniture, railings, lighting, and other similar features. For the purposes of this section rooftop access floor area shall not be counted as gross floor area. Rooftop access-related features may be located only on portions of buildings located at least 150 feet from a residential zone which, for the purposes of this section, includes the R-1, R-2, RMD, RM-20, RM-30, RM-40, and SOFA districts or Planned Community (PC) districts that permit residential uses. Any request for a rooftop access exception under this section shall be subject to a conditional use permit. The Planning Director may initiate a formal review pursuant to Chapter 18.77 (Processing of Permits and Approvals) of any conditional use permit granted under this section if the site is the subject of multiple complaints in violation of Chapter 9.10 (Noise). For buildings requesting increased height, all fixtures and structures shall remain below a plane measured at a forty-five degree angle beginning from the edges of the building, nearest the rooftop deck surface, and sloping upward and inward toward the center of the building.

(f) Restrictions on Office Uses

(1) New construction and alterations in the CD-C zoning district shall be required to design ground floor space to accommodate retail use and shall comply with the provisions of the Pedestrian (P) combining district.

(2) In the CD-S and CD-N subdistricts, the following requirements shall apply to office uses:

(A) No new gross square footage of a medical, professional, general business, or administrative office use shall be allowed, once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet.

(B) No conversion of gross square footage from any other use to a medical, professional, general business, or administrative office use shall be allowed once the gross square footage of such office uses, or any combination of such uses, on a site has reached 5,000 square feet.

(g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict

In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use permit in accordance with Chapter 18.76. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use.

TABLE 4

MAXIMUM SIZE OF ESTABLISHMENT

• (h) Outdoor Sales and Storage.

The following regulations shall apply to outdoor sales and storage in the CD district:

• (1) CD-C Subdistrict

In the CD-C subdistrict, the following regulations apply:

(A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for:

(i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area,

(ii) Outdoor eating areas operated incidental to permitted eating and drinking services or intensive retail uses,

• (iii) Farmers' markets which have obtained a conditional use permit, and

• (iv) Recycling centers that have obtained a conditional use permit.

(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit; parklets on public property approved via permit per PAMC Chapter 12.11 are exempt from this section.

(C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use permit.

• (2) CD-S Subdistrict

In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to permitted eating and drinking services and intensive retail uses shall be permitted subject to the following regulations:

(A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit.

(B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening.

(C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height.

• (3) CD-N Subdistrict

In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for:

(A) Incidental sales and display of plant materials and garden supplies occupying not more than 500 square feet of exterior sales and display area, and

• (B) Farmers' markets that have obtained conditional use permits.

• (i) Employee Showers

Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building as specified in Table 5.

TABLE 5

EMPLOYEE SHOWERS REQUIRED

(j) Nuisances Prohibited

All uses, whether permitted or conditional, shall be conducted in such a manner as to preclude nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illuminations. Prior to issuance of a building permit, or occupancy permit, or at any other time, the building inspector may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition.

(k) (Reserved)

(l) (Reserved)

(m) Parking and Vehicular Access on University Avenue Restricted

Vehicular access to CD-C zoned sites on University Avenue which requires vehicular movement across the sidewalk on University Avenue shall be prohibited, except where required by law and as applied to parcels owned, leased or controlled by the City.

(Ord. 5651 § 7, 2025: Ord. 5650 § 6, 2025: Ord. 5594 § 5, 2024: Ord. 5587 § 22, 2023: Ord. 5554 § 10, 2022: Ord. 5548 § 5, 2022: Ord. 5542 § 21, 2022: Ord. 5517 § 6, 2021: Ord. 5494 § 3, 2020: Ord. 5464 § 1, 2019: Ord. 5460 §§ 7 and 15, 2019: Ord. 5373 § 15 (part), 2016: Ord. 5065 § 4, 2009: Ord. 5035 § 3, 2009: Ord. 4923 § 4 (part), 2006: Ord. 5608 § 8, 2024)

(a) A housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code of the State of California that is in a CD Districts shall be allowed to increase its floor area ratio as follows:

(i) A housing development project of three to seven units shall have a maximum residential floor area ratio of 1.0:1.

(ii) A housing development project of eight to ten units shall have a maximum residential floor area ratio of 1.25:1.

(b) This bonus shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code of the State of California, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

(c) For mixed use development in the CD-N and CD-S subdistricts, total floor area ratio shall be increased to the extent necessary to accommodate a non-residential floor area ratio of 0.4:1 for retail and retail-like uses only.

(d) In no event shall total floor area ratio exceed 3.0:1 in the CD-C subdistrict, or 2.0:1 in the CD-N and CD-S subdistricts.

(Ord. 5587 § 23, 2023: Ord. 5542 § 22, 2022)

(a) Available Floor Area Bonuses

• (1) Minor Bonus for Buildings Not Eligible for Historic or Seismic Bonus

A building that is neither in Historic Category 1 or 2 nor in Seismic Category I, II, or III shall be allowed to increase its floor area by 200 square feet without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD- S subdistricts. This bonus is not subject to transfer and must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090.

• (2) Seismic Rehabilitation Bonus

A building that is in Seismic Category I, II, or III, and is undergoing seismic rehabilitation, but is not in Historic Category 1 or 2, shall be allowed to increase its floor area by 2,500 square feet or 25% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts. This bonus area must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090.

(3) Historic Rehabilitation Bonus

A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation, but is not in Seismic Category I, II, or III, shall be allowed to increase its floor area by 2,500 square feet or 25% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). This bonus area must be fully parked, In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090.

(4) Combined Historic and Seismic Rehabilitation Bonus

A building that is in Historic Category 1 or 2, and is undergoing historic rehabilitation, and is also in Seismic Category I, II, or III, and is undergoing seismic rehabilitation, shall be allowed to increase its floor area by 5,000 square feet or 50% of the existing building, whichever is greater, without having this increase count toward the FAR, subject to the restrictions in subsection (b). Such increase in floor area shall not be permitted for buildings that exceed a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-N or CD-S subdistricts, except as provided in subsection (5). This bonus area must be fully parked. In addition to any applicable parking provisions, this bonus may be parked by the payment of in lieu parking fees under Section 18.18.090.

(5) Historic Bonus for Over-Sized Buildings

A building in Historic Category 1 or 2 that is undergoing historic rehabilitation and that currently exceeds a FAR of 3.0:1 if located in the CD-C subdistrict or 2.0:1 if located in the CD-S or CD-N subdistricts shall nevertheless be allowed to obtain a floor area bonus of 50% of the maximum allowable floor area for the site of the building, based upon a FAR of 3.0:1 if in the CD-C subdistrict and a FAR of 2.0:1 in the CD-S and CD-N subdistricts, subject to the restrictions in subsection (b) and the following limitation:

(A) The floor area bonus shall not be used on the site of the Historic Category 1 or 2 building, but instead may be transferred to another property or properties under the provisions of Section 18.18.080.

(b) Restrictions on Floor Area Bonuses

The floor area bonuses in subsection (a) shall be subject to the following restrictions:

(1) All bonus square footage shall be counted as square footage for the purposes of the annual square foot limit on office development specified in Section 18.40.210.

(2) All bonus square footage shall be counted as square footage for the purposes of the project size limit specified in Section 18.18.060 (a).

(3) In no event shall a building expand beyond a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-S or CD-N subdistrict.

(4) The bonus shall be allowed on a site only once.

(5) For sites in Seismic Category I, II, or III, seismic rehabilitation shall conform to the analysis standards referenced in Chapter 16.42 of this code.

(6) For sites in Historic Category 1 or 2, historic rehabilitation shall conform to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7).

(7) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, no bonus shall be granted unless the project includes both seismic and historic rehabilitation conforming to the standards in subsections (5) and (6).

(8) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, a bonus granted under this section that will be used on-site is subject to the following requirements:

(A) The city council must approve on-site use of such a FAR bonus. Such approval is discretionary, and may be granted only upon making both of the following findings:

(i) The exterior modifications for the entire project comply with the U.S. Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7); and

(ii) The on-site use of the FAR bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site.

(B) The applicant for on-site use of a cumulative floor area bonus shall have the burden of demonstrating the facts necessary to support the findings required for council approval.

(c) Transfer of Floor Area Bonuses

The floor area bonuses described in subsection (a), except the floor area bonus in subsection (a)(1), may be transferred to a nonhistoric receiver site as described in Section 18.18.080. Such transfer shall not be subject to the discretionary council approval set forth in subsection (b)(8).

(d) Procedure for Granting of Floor Area Bonuses

The floor area bonuses described in subsection (a), except the bonus described in subsection (a)(1), shall be granted in accordance with the following requirements:

(1) An application for such floor area bonus(es) must be filed with the director of planning and development services in the form prescribed by the director, stating the amount of such bonus(es) applied for, the basis therefor under this section, and the extent to which such bonus(es) are proposed to be used on-site and/or for transfer. An application for floor area bonus for rehabilitation of a Category 1 or 2 historic building shall include a historic structure report, prepared by a qualified expert, retained by the city, at the applicant’s expense, in accordance with the standards and guidelines of the California State Office of Historic Preservation. It shall also

include a plan for rehabilitation; if any part of the existing building is proposed to be removed or replaced, the historic rehabilitation project plans submitted for review shall clearly show and identify any and all material proposed for removal or replacement.

(2) The city may retain an expert in historic rehabilitation or preservation, at the applicant’s expense, to provide the city with an independent evaluation of the project’s conformity with the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings.”

(3) The historic resources board shall review the historic structure report, the historic rehabilitation project plans, and, if required, the expert independent evaluation of the project, and make a recommendation to the director of planning and development services on the project’s conformity with the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings.”

(4) Upon completion of such an application, written determination of the sender site’s eligibility for bonus(es) shall be issued by the director of planning and development services or the director’s designee, based upon the following:

(A) In the case of a floor area bonus for seismic rehabilitation, the chief building official has made a determination that the project complies with or exceeds the analysis standards referenced in Chapter 16.42 of this code;

(B) In the case of the floor area bonus for historic rehabilitation of a building in Historic Category 1 or 2, the director, taking into consideration the recommendations of the historic resources board, has found that the project complies with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7); and

(C) In the case of a bonus for both seismic and historic rehabilitation that is proposed to be use on-site, the city council has made the findings set forth in subsection (b)(8) of this section.

(e) Certification of FAR Bonuses

The floor area bonuses described in subsection (a), except the bonus described in subsection (a)(1), may be used on the site of the proposed seismic and/or historic rehabilitation project and a building permit issued therefor only upon satisfaction of all the requirements in subsection (d) above. Upon determining that the project has been completed as approved, or in the case of city-owned buildings upon completion of all of the requirements of Chapter 18.28, the director or director’s designee shall issue a written certification which shall state the total floor area bonus utilized at the site (in the case of buildings in the CD-Commercial Downtown District), and the amount (if any) of remaining floor area bonus which is eligible for transfer to another site pursuant to the provisions of this chapter. The certification shall be recorded in the office of the county recorder and a copy shall be provided to the applicant.

As a condition precedent to being credited with a historic rehabilitation floor area bonus whether for use on-site or for transfer, the owner of the site shall enter into an unsubordinated protective covenant running with the land in favor of the city (or, if the city is the owner, in favor of a qualified and disinterested third party if the property is to be rehabilitated after the sale of the transfer of development rights), in a form satisfactory to the city attorney, to assure that the property will be rehabilitated and maintained in accordance with the Secretary of Interior’s Standards for Rehabilitation of Historic Buildings , together with the accompanying interpretive Guidelines for Rehabilitation of Historic Buildings , as they may be amended from time to time. For city owned buildings subject to a long term lease of ten or more years where the rehabilitation work is to be performed by the lessee, this protective covenant shall be in favor of the city.

(Ord. 5554 § 11, 2022: Ord. 5494 § 3, 2020: Ord. 5356 § 2, 2015: Ord. 5214 § 2, 2013: Ord. 5038 § 1, 2009: Ord. 4964 § 15, 2007: Ord. 4923 § 4 (part), 2006)

(a) Purpose

The purpose of this section is to implement the Comprehensive Plan by encouraging seismic rehabilitation of buildings in Seismic Categories I, II, and III, and encouraging historic rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing standards and procedures for the transfer of specified development rights from such sites to other eligible sites. Except as provided in subsection (e)(1) and for city-owned properties as provided in Chapter 18.28, this section is applicable only to properties located in the CD district, and is the exclusive procedure for transfer of development rights for properties so zoned.

(b) Establishment of Forms

The city may from time to time establish application forms, submittal requirements, fees and such other requirements and guidelines as will aid in the efficient implementation of this chapter.

(c) Eligibility for Transfer of Development Rights

Transferable development rights may be transferred to an eligible receiver site upon:

(1) Certification by the city pursuant to Section 18.18.070 of the floor area from the sender site which is eligible for transfer; and

(2) Compliance with the transfer procedures set forth in subsection (h).

(d) Availability of Receiver Sites

The city does not guarantee that at all times in the future there will be sufficient eligible receiver sites to receive such transferable development rights.

(e) Eligible Receiver Sites

A site is eligible to be a receiver site only if it meets all of the following criteria:

(1) It is located in the CD commercial downtown district, or is located in a planned community (PC) district if the property was formerly located in the CD commercial downtown district and the ordinance rezoning the property to planned community (PC) approves the use of transferable development rights on the site.

(2) It is neither an historic site, nor a site containing a historic structure, as those terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and

• (3) The site is either:

(A) Located at least 150 feet from any property zoned for residential use, not including property in planned community zones or in commercial zones within the downtown boundaries where mixed use projects are.

(B) Separated from residentially zoned property by a city street with a width of at least 50 feet, and separated from residentially zoned property by an intervening property zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet.

(f) Limitations On Usage of Transferable Development Rights

No otherwise eligible receiver site shall be allowed to utilize transferable development rights under this chapter to the extent such transfer would:

(1) Be outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet.

(2) Be within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet.

(3) Cause the annual office limitation set forth in Section 18.40.210 to be exceeded.

(4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts.

(g) Parking Requirements

Any square footage allowed to be transferred to a receiver site pursuant to this chapter shall be subject to the parking regulations applicable to the district in which the receiver site is located.

(h) Transfer Procedure

Transferable development rights may be transferred from a sender site (or sites) to a receiver site only in accordance with all of the following requirements:

(1) An application pursuant to Chapter 18.76 of this code for major ARB review of the project proposed for the receiver site must be filed. The application shall include:

(A) A statement that the applicant intends to use transferable development rights for the project;

• (B) Identification of the sender site(s) and the amount of TDRs proposed to be transferred; and

(C) Evidence that the applicant owns the transferable development rights or a signed statement from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use.

(2) The application shall not be deemed complete unless and until the city determines that the TDRs proposed to be used for the project are available for that purpose.

(3) In reviewing a project proposed for a receiver site pursuant to this section, the architectural review board shall review the project in accordance with Chapters 18.76 and 18.77 of this code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in order to satisfy the findings for approval under Chapter 18.76 or any specific requirement of the municipal code.

(4) Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the director of planning and development services or the director's designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the office of the county recorder prior to the issuance of building permits and shall include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are other than the applicant.

(i) Purchase or Conveyance of TDRs - Documentation

(1) Transferable development rights may be sold or otherwise conveyed by their owner(s) to another party. However, no such sale or conveyance shall be effective unless evidenced by a recorded document, signed by the transferor and transferee and in a form designed to run with the land and satisfactory to the city attorney. The document shall clearly identify the sender site and the amount of floor area transferred and shall also be filed with the department of planning and development services.

(2) Where transfer of TDRs is made directly to a receiver site, the recorded confirmation of transfer described in subsection (h)(4) shall satisfy the requirements of this section.

(Ord. 5494 § 3, 2020: Ord. 5373 § 15 (part), 2016; Ord. 5356 § 2, 2015: Ord. 5214 § 3, 2013: Ord. 4923 § 4 (part), 2006)

The provisions of Chapters 18.52 and 18.54 shall apply within the CD district. In particular, on-site and off-site parking for nonresidential uses within an assessment district wherein properties are assessed under a Bond Plan G financing pursuant to Title 13 shall be provided in accordance with Section 18.52.070.

(Ord. 5554 § 12, 2022: Ord. 5494 § 3, 2020: Ord. 5373 § 15 (part), 2016; Ord. 5356 § 2, 2015: Ord. 5214 § 3, 2013: Ord. 4923 § 4 (part), 2006)

In addition to the standards for development prescribed above, all development shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.40 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.40 of the Zoning Ordinance.

• (Ord. 5554 § 13, 2022: Ord. 4923 § 4 (part), 2006)

In addition to the standards for development prescribed above, all Housing Development Projects in the CD districts shall comply with the objective design standards outlined in Chapter 18.24 , as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24 , shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.

• (a) Contextual and Compatibility Criteria

Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.

• (1) Context

(A) Context as used in this section is intended to indicate relationships between the site's development to adjacent street types, surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies.

(B) The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response.

• (2) Compatibility

(A) Compatibility is achieved when the apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design linkages with the overall pattern of buildings so that the visual unity of the street is maintained.

• (B) Compatibility goals may be accomplished through various means, including but not limited to:

• (i) the siting, scale, massing, and materials;

• (ii) the rhythmic pattern of the street established by the general width of the buildings and the spacing between them;

• (iii) the pattern of roof lines and projections;

• (iv) the sizes, proportions, and orientations of windows, bays and doorways;

• (v) the location and treatment of entryways;

• (vi) the shadow patterns from massing and decorative features;

• (vii) the siting and treatment of parking; and

• (viii) the treatment of landscaping.

• (b) Context-Based Design Considerations and Findings

In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the CD district and subdistricts, as further illustrated on the accompanying diagrams:

• (1) Pedestrian and Bicycle Environment

The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements such as:

• A. Ground floor uses that are appealing to pedestrians through well-designed visibility and access (Figure 1-1);

Figure 1-1

==> picture [183 x 109] intentionally omitted <==

B. On primary pedestrian routes, climate and weather protection where possible, such as covered waiting areas, building projections and colonnades, and awnings (Figure 1-2);

Figure 1-2

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C. Streetscape or pedestrian amenities that contribute to the area's streetscape environment such as street trees, bulbouts, benches, landscape elements, and public art (Figure 1-3);

Figure 1-3

==> picture [183 x 102] intentionally omitted <==

D. Bicycle amenities that contribute to the area's bicycle environment and safety needs, such as bike racks, storage or parking, or dedicated bike lanes or paths (Figure 1-1); and

E. Vehicle access from alleys or sidestreets where they exist, with pedestrian access from the public street.

• (2) Street Building Facades

Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements such as:

A. Placement and orientation of doorways, windows, and landscape elements to create strong, direct relationships with the street (Figure 2-1);

Figure 2-1

==> picture [183 x 112] intentionally omitted <==

B. Facades that include projecting eaves and overhangs, porches, and other architectural elements that provide human scale and help break up building mass (Figure 2-2);

Figure 2-2

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C. Entries that are clearly defined features of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale;

D. Residential units and storefronts that have a presence on the street and are not walled-off or oriented exclusively inward;

• E. Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street;

• F. All exposed sides of a building designed with the same level of care and integrity;

• G. Reinforcing the definition and importance of the street with building mass; and

• H. Upper floors set back to fit in with the context of the neighborhood.

• (3) Massing and Setbacks

Buildings shall be designed to minimize massing and conform to proper setbacks through elements such as:

A. Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies (Figure 3-1);

B. Design with articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 3-1);

C. Corner buildings that incorporate special features to reinforce important intersections and create buildings of unique architectural merit and varied styles (Figure 3-1);

Figure 3-1

==> picture [185 x 135] intentionally omitted <==

• D. Building facades articulated with a building base, body and roof or parapet edge (Figure 3-2);

Figure 3-2

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• E. Buildings set back from the property line to create an effective 12' sidewalk on El Camino Real, 8' elsewhere (Figure 3-4);

Figure 3-3

==> picture [187 x 131] intentionally omitted <==

• F. A majority of the building frontage located at the setback line (Figure 3-3); and

Figure 3-4

==> picture [152 x 125] intentionally omitted <==

G. No side setback for midblock properties, allowing for a continuous street facade, except when abutting low density residential (Figure 3-3).

• (4) Low-Density Residential Transitions

Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through:

A. Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses (Figure 4-1);

Figure 4-1

==> picture [183 x 88] intentionally omitted <==

B. Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-1 and R-2 zone requirements (Figure 4-2);

Figure 4-2

==> picture [183 x 125] intentionally omitted <==

C. Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties (Figure 4-3);

Figure 4-3

==> picture [187 x 116] intentionally omitted <==

• D. Minimizing sight lines into and from neighboring properties (Figure 4-3);

• E. Limiting sun and shade impacts on abutting properties; and

• F. Providing pedestrian paseos and mews to create separation between uses.

• (5) Project Open Space

Private and public open space shall be provided so that it is usable for the residents, visitors, and/or employees of a site.

A. The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy;

B. Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the users (e.g., residents, employees, or public)

• C. Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings;

• D. Usable open space may be any combination of private and common spaces;

E. Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (but not on rooftops) (Figure 5-1);

Figure 5-1

==> picture [184 x 128] intentionally omitted <==

• F. Open space should be located to activate the street façade and increase "eyes on the street" when possible (Figure 5-1);

G. Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement;

H. Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces (Figure 5-2);

and

• I. Parking may not be counted as open space.

Figure 5-2

==> picture [185 x 150] intentionally omitted <==

(6) Parking Design

Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that:

A. Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, etc.;

• B. Structured parking is fronted or wrapped with habitable uses when possible (Figure 6-1);

Figure 6-1

==> picture [176 x 97] intentionally omitted <==

• C. Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art;

• D. Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots (Figure 6-2);

Figure 6-2

==> picture [171 x 146] intentionally omitted <==

E. For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 6-3);

Figure 6-3

==> picture [184 x 125] intentionally omitted <==

• F. Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming;

G. For properties with parking accessed from the front, minimize the amount of frontage used for parking access, no more than 25% of the site frontage facing a street should be devoted to garage openings, carports, or open/surface parking (on sites with less than 100 feet of frontage, no more than 25 feet);

H. Where two parking lots abut and it is possible for a curb cut and driveway to serve several properties, owners are strongly encouraged to enter in to shared access agreements (Figure 6-4); and

• I. Parking is accessed from side streets or alleys when possible.

Figure 6-4

==> picture [175 x 121] intentionally omitted <==

Figure 6-5 -- Mixed-Use with Surface Parking

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Figure 6-6 -- Mixed-Use with Podium Parking

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Figure 6-7 -- Mixed-Use with Partial Sub-Grade Parking Podium

==> picture [326 x 109] intentionally omitted <==

Figure 6-8 -- Mixed-Use with Below-Grade Parking Podium

==> picture [326 x 119] intentionally omitted <==

(7) Large (Multi-Acre) Sites

Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that:

A. New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable);

B. The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1-2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 7-1 through 7-3); and

C. Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., Village Residential building types facing or abutting existing single-family residences) (Figures 7-2 and 7-3).

Figure 7-1

==> picture [157 x 98] intentionally omitted <==

Figure 7-2

==> picture [177 x 177] intentionally omitted <==

Figure 7-3

==> picture [179 x 182] intentionally omitted <==

• (8) Sustainability and Green Building Design

Project design and materials to achieve sustainability and green building design should be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design:

• A. Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 8-1).

Figure 8-1

==> picture [184 x 139] intentionally omitted <==

• B. Design landscaping to create comfortable micro-climates and reduce heat island effects.

• C. Design for easy pedestrian, bicycle, and transit access.

• D. Maximize onsite stormwater management through landscaping and permeable pavement (Figure 8-2).

Figure 8-2

==> picture [183 x 149] intentionally omitted <==

• E. Use sustainable building materials.

• F. Design lighting, plumbing, and equipment for efficient energy and water use.

• G. Create healthy indoor environments.

• H. Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits,

vegetables or other plants to satisfy a portion of project open space requirements.

I. Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment.

J. Encourage installation of photovoltaic panels (Figure 8-3).

Figure 8-3

==> picture [184 x 139] intentionally omitted <==

(Ord. 5554 § 14, 2022: Ord. 4923 § 3 (part), 2006)

• (a) Noncomplying (Grandfathered) Uses

(1) The following uses and facilities may remain as legal noncomplying (grandfathered) uses, and shall not require a conditional use permit or be subject to the provisions of Chapter 18.70:

(A) Any use which was being conducted on August 28, 1986; or

(B) A use not being conducted on August 28, 1986, if the use was temporarily discontinued due to a vacancy of 6 months or less before August 28, 1986; or

(C) Any office use existing on April 16, 1990 on a property zoned CD and GF combining, which also existed as a lawful conforming use prior to August 28, 1986, notwithstanding any intervening conforming use.

(2) The legal noncomplying uses in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided such remodeling, improvement, or replacement complies with all of the following:

• (A) shall not result in increased floor area;

(B) shall not relocate below grade floor area to above grade portions of the building;

(C) shall not result in an increase of the height, length, building envelope, building footprint or any other increase in the size of the improvement. For purposes of this section, “building envelope” shall mean the three dimensional shape and size occupied by an existing building. It is not the maximum, buildable potential of the site;

(D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070; or

(E) in the case of medical, professional, general business or administrative office uses of a size exceeding 5,000 square feet in the CD-S or CD-N district that are deemed legal noncomplying pursuant to subsection (1), such remodeling, improvement, or replacement shall not result in increased floor area devoted to such office uses.

(F) The Director may approve minor changes to the building’s footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non- complying feature.

(3) If a legal noncomplying use deemed existing pursuant to subsection (1) ceases and thereafter remains discontinued for 12 consecutive months, it shall be considered abandoned and may be replaced only by a conforming use.

(4) A use deemed legal noncomplying pursuant to subsection (1) which 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 legal noncomplying use to a conforming use, shall not thereafter be used except to accommodate a conforming use.

(b) Noncomplying (Grandfathered) Facilities

(1) Any noncomplying (grandfathered) facility existing on August 28, 1986 and which, when built, was a complying facility, may remain as a legal noncomplying facility and shall not be subject to the provisions of Chapter 18.70.

(2) The legal noncomplying facilities in subsection (1) shall be permitted to remodel, improve, or replace site improvements on the same site, provided such remodeling, improvement, or replacement complies with all of the following:

• (A) shall not result in increased floor area;

• (B) shall not relocate below grade floor area to above grade portions of the building;

(C) shall not result in an increase of the height, length, building envelope, building footprint, or any other increase in the size of the improvement;

(D) shall not increase the degree of noncompliance, except pursuant to the exceptions to floor area ratio regulations set forth in Section 18.18.070;

(E) The Director may approve minor changes to the building’s footprint, height, length, and the building envelope through Architectural Review of minor aesthetic architectural improvements and to improve pedestrian-orientation provided there is no increase to the degree of any non- complying feature, except as provided for rooftop access and amenities in Section 18.18.060(e).

(F) The residential portion of any legal noncomplying facility shall not be converted to a non- residential land use or reduced in gross floor area or number of units. An applicant asserting that the operation of this subsection (F) is preempted by state or federal law shall submit a statement of its position with all claims and all supporting documentary evidence at the time it applies for a change of use. The City Council shall hold at least one noticed public hearing in accordance with the procedures set forth in PAMC 18.77.080 to consider whether to waive or adjust the requirements of one or more provisions of Titles 18 or 21. The City Council may seek additional information including, without limitation, third party peer review paid for at the applicant’s expense.

(Ord. 5462 §2, 2019: Ord. 5464 §2, 2019: Ord. 5373 §15 (part), 2016; Ord. 4923 § 3 (part), 2006)