Chapter 18.76

PERMITS AND APPROVALS

Sections: 18.76.010 Conditional Use Permit (CUP) 18.76.015 Additional Findings for Specified Retail Uses 18.76.020 Architectural Review 18.76.025 Multi-Family Residential Projects Exempt from Architectural Review 18.76.030 Variance 18.76.040 Neighborhood Preservation Exception 18.76.050 Design Enhancement Exception (DEE) 18.76.060 Reserved

(a) Purpose

The purpose of a conditional use perrnit is to provide for uses and accessory uses that are necessary or desirable for the development of the community or region but cannot readily be classified as permitted uses in individual districts by reason of uniqueness of size, scope, or possible effect on public facilities or surrounding uses.

(b) Applicability

(1) A conditional use permit may be granted for any use or purpose for which such permit is required or permitted by the provisions of this title; or

(2) Any expansion in the building size or site area of an existing conditional use shall necessitate the amendment of the conditional use permit. Denial of an application for amendment of a conditional use permit does not constitute a revocation of the original conditional use permit.

(3) No application for a conditional use permit is necessary for existing uses which were lawful conforming permitted uses and which were rendered conditional by reason of rezoning or changes to this title, provided that any expansion in the building site or site area of such a use shall be subject to the issuance of a conditional use permit.

(4) Establishments that are allowed by the city to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as required in this section or as a legal nonconforming use, and that have both an on-sale license from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve

alcohol for onsite consumption without an amendment of the CUP in parklets on public property approved via permit per PAMC Chapter 12.11 or other outdoor uses approved via permit per any other relevant section of the PAMC. Outdoor alcohol service shall be in full compliance with all applicable regulations, including ABC regulations, as may be amended.

(c) Findings

Neither the director, nor the city council on appeal, shall grant a conditional use perrnit, unless it is found that the granting of the application will:

(1) Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;

(2) Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning).

• (d) Conditions

In granting conditional use permits, reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, genera! welfare, or convenience, to secure the purposes of this title, and to assure operation of the use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity.

• (e) Application Review and Action

Applications for conditional use permits shall be reviewed and acted upon as set forth in Section 18.77.060 (Standard Staff Review Process).

(Ord. 5594 § 8, 2024: Ord. 4826 § 117 (Exh. 2 (part)), 2004)

A conditional use permit shall not be granted in a R-Combining district for a formula retail business, or a beauty shop, nail salon, barbership, or financial services use, unless it is found, in addition to the findings required by section 18.76.010, that:

(1) The retail or personal service business will offer merchandise and/or services that meet the underserved needs of the City’s residents and visitors.

(2) The type of retail or personal service business will enhance the balance and diversity of businesses in the district and in the City as a whole.

(3) The retail or personal service business will enhance the economic vitality of the district where the business is proposed to be located and of the City as a whole. In considering this finding, the director or city council may consider existing retail vacancy rates within the district and in the City as a whole.

(4) The retail or personal service business is consistent with the character of the district where the business is proposed to be located.

(5) The design of the retail or personal service business will be compatible with the architectural and aesthetic character of the district where the business is proposed to be located.

(Ord. 5358 § 8, 2015)

(a) Purpose

The purpose of architectural review is to:

• (1) Promote orderly and harmonious development in the city;

• (2) Enhance the desirability of residence or investment in the city;

• (3) Encourage theattainment of the most desirable use of land and improvements;

• (4) Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and

(5) Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other.

(b) Applicability

No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this section, unless an application for architectural review is reviewed, acted upon, and approved or approved with conditions as set forth in Section 18.77.070.

• (1) Exempt Projects. The following projects do not require architectural review:

• (A) Single-family and two-family residences, except as provided under subsections (b)(2)(C) and (b)(2)(D).

(B) Projects determined by the director of planning and development services to be substantially minor in nature and have inconsequential visual impacts to the adjacent properties and public streets. These exempt projects are referred to as "over the counter projects". The director shall have the authority to promulgate a list of such exempt projects under this subsection.

(C) Housing development projects, as defined in Government Code section 65589.5(h)(2) (the Housing Accountability Act), but only if such projects qualify for ministerial review under Government Code section 65913.4 or 65951, or if they comply with all applicable objective standards, and the city’s discretion is thereby limited by Government Code section 65589.5. Such projects shall be

subject to the processes set forth in Sections 18.77.073 or 18.77.074, as applicable.

(D) Parklets as defined in Chapter 18.04 and permitted per permit under Chapter 12.11, and signs that comply with the city’s adopted parklet standards affixed to parklets shall not require architectural review approval. Notwithstanding PAMC Sections 18.76.020 and 18.77.077, architectural review shall not be required for proposed outdoor eating and drinking service areas or signage affixed to such parklets.

(2) Major Projects. The following are "major projects" for the purposes of the architectural review process set forth in Section 18.77.070, and are subject to review by the architectural review board:

• (A) New construction, including private and public projects, that:

• (i) Includes a new building or building addition of five thousand square feet or more; or

(ii) Is not exempt under the California Environmental Quality Act (CEQA) (Section 21000 et seq. of the California Public Resources Code); or

(iii) Requires one or more variances or use permits and, in the judgment of the director, will have a significant effect upon the aesthetic character of the city or the surrounding area;

• (B) Any multiple-family residential construction project that contains three or more units;

• (C) Construction of three or more adjacent single-family homes or duplexes;

(D) In the Neighborhood Preservation Combining District (NP), properties on which two or more residential units are developed or modified, except when one of those units is an “accessory dwelling unit," as described in Section 18.10.140(d);

• (E) Any project using transferred development rights, as described in Chapter 18.18;

• (F) A master sign program, pursuant to Chapter 16.20;

(G) Signs that do not meet all applicable design guidelines adopted by the city council or do not conform to a previously approved master sign program;

• (H) Signs requiring a sign exception pursuant to Chapter 16.20;

(I) Any minor project, as defined in subsection (3), that the director determines will significantly alter the character or appearance of a building or site.

(3) Minor Projects. The following are "minor projects" for the purposes of the architectural review process set forth in Section 18.77.070, except when determined to be major pursuant to subsection (2)(I) or exempt pursuant to subsection (1)(B):

(A) New construction, including private and public projects, that involves a new building or building addition of fewer than 5,000 square feet, and which is exempt under the California Environmental Quality Act (CEQA) (division 13 of the Public Resources Code, commencing with section 21000);

(B) Signs that meet all applicable guidelines and conform to any previously approved master sign program;

(C) Landscape plans, fences, exterior remodeling, and design of parking areas, when not part of a major project;

(D) Any project relating to the installation of cabinets containing communications service equipment or facilities, pursuant to any service subject to Chapter 2.11, Chapter 12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13.

• (E) Minor changes to the following:

• (i) Plans that have previously received architectural review approval;

• (ii) Previously approved planned community district development plans;

• (iii) Plans that have previously received site and design approval;

(iv) Previously approved plans for projects requiring council approval pursuant to a contractual agreement, resolution, motion, action or uncodified ordinance;

(v) Existing structures requiring council site and design approval or approval pursuant to a contractual agreement, resolution, motion, action, or uncodified ordinance.

As used in this subsection (b)(3)(E), the term "minor" means a change that is of little visual significance, does not materially alter the appearance of previously approved improvements, is not proposed for the use of the land in question, and does not alter the character of the structure involved. If the cumulative effect of multiple minor changes would result in a major change, a new application for Architectural Review approval of a major project, Site and Design approval, Planned Community District approval, or other applicable approval is required.

sly approved improvements, is not proposed for the use of the land in question, and does not alter the character of the structure involved. If the cumulative effect of multiple minor changes would result in a major change, a new application for Architectural Review approval of a major project, Site and Design approval, Planned Community District approval, or other applicable approval is required.

(F) Any changes to previously approved plans requiring architectural review as a minor project as part of the conditions of a permit or approval.

(c) Preliminary Review

For the purpose of securing the advice of the architectural review board prior to making an application for the board's recommendation on a project, an applicant, upon paying a preliminary application fee, as set forth in the municipal fee schedule, may bring a design before the board for preliminary review. If the applicant wishes to proceed with the project, he or she must then file an application and pay a regular application fee. The comments of the architectural review board members during a preliminary review shall not be binding on their formal recommendation.

(d) Findings

Neither the director, nor the city council on appeal, shall grant architectural review approval, unless it is found that each of the following applicable findings is met:

(1) The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides.

• (2) The project has a unified and coherent design, that:

• (A) Creates an internal sense of order and desirable environment for occupants, visitors, and the general community,

(B) Preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant,

• (C) Is consistent with the context-based design criteria of the applicable zone district,

• (D) Provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations,

• (E) Enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas.

(3) The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area.

(4) The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building's necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.).

(5) The landscape design complements and enhances the building design and its surroundings, is appropriate to the site's functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained.

(6) The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning.

• (e) Conditions

In granting architectural review approval, reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience, to secure the purposes of this title, and to:

• (1) Promote the internal integrity of the design of the project;

• (2) Assure compatibility of the proposed project's design with its site and surroundings;

(3) Minimize the environmental effects of the proposed project; provided, however, that the architectural review board's sole responsibility with respect to the storage of hazardous materials is to require compliance with Title 17 (Hazardous Materials Storage).

• (f) Application Review and Action

Applications for Architectural Review shall be reviewed and acted upon as set forth in Section 18.77.070 (Architectural Review Process).

• (g) Phased Projects and Enforcement of Approval Conditions

An application for a phased project may be submitted and a specific development schedule may be considered and approved. In no event, however, shall such a development schedule exceed five years from the original date of approval. Approved project plans and conditions of approval imposed through the architectural review process shall be enforceable as approved unless the application is revised or withdrawn in accordance with this title.

• (h) Architectural Review Approval Prior to Demolition

No building demolition, except for tenant improvements or where necessary for health and safety purposes (as determined by the director), shall be permitted on any site requiring architectural review approval, until such architectural review approval is granted by the director, including review of subsequent conditions by the architectural review board, where required.

(Ord. 5594 § 8, 2024: Ord. 5615 § 3, 2024: Ord. 5613 § 3, 2024: Ord. 5554 § 36, 2022: Ord. 5494 § 3, 2020: Ord. 5432 § 15, 2018: Ord. 5412 § 22, 2017; Ord. 5403 § 2, 2016; Ord. 5373 § 23, 2016; Ord. 4966 § 1, 2007: Ord. 4964 §§ 19, 20, 2007: Ord. 4959 § 1, 2007: Ord. 4826 § 117 (Exh. 2 (part)), 2004)

No permit required under Title 2, Title 12 or Title 16 shall be issued for a multi-family residential project that is exempt from Architectural Review under Section 18.76.020, subdivision (b)(1)(C), unless it first receives a planning approval from the Planning Director under this section. Projects subject to ministerial review or that are defined as a “use by right” under state law shall be reviewed under section 18.77.074. Projects that are not subject to ministerial review, but that comply with all applicable objective standards, shall be reviewed under Section 18.77.073.

(Ord. 5615 § 4, 2024: Ord. 5613 § 4, 2024)

• (a) Purpose

The purpose of a variance is to:

(1) Provide a way for a site with special physical constraints, resulting from natural or built features, to be used in ways similar to other sites in the same vicinity and zoning district; and

(2) Provide a way to grant relief when strict application of the zoning regulations would subject development of a site to substantial hardships, constraints, or practical difficulties that do not normally arise on other sites in the same vicinity and zoning district.

(b) Applicability

Variances may be granted to the following:

(1) Site development regulations (except limitations on residential density and size of establishment) and parking and loading regulations (except those accessible parking regulations mandated by state and/or federal law and contained in Chapter 18.54) applicable within any district established by this title (Zoning);

(2) The special requirements that apply to site development and parking and loading regulations applicable within any district established by this title (Zoning), except provisions which restrict expansion of grandfathered uses that are subject to the special requirements of a specific zoning district. Special requirements in any district do not include special provisions and exceptions as set forth in Chapters 18.40 and 18.42 except for the location of accessory buildings;

(3) The requirements of Title 20 (Precise Plans);

(4) The requirements of Chapter 16.24 (Fences) except Sections 16.24.040 (Fences at Intersections) and 16.24.070 (Prohibited Fences);

(c) Findings - General

Neither the director, nor the city council on appeal, shall grant a variance, unless it is found that:

(1) Because of special circumstances applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, the strict application of the requirements and regulations prescribed in this title substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subject property. Special circumstances that are expressly excluded from consideration are:

(A) The personal circumstances of the property owner, and

(B) Any changes in the size or shape of the subject property made by the property owner or his predecessors in interest while the property was subject to the same zoning designation.

(2) The granting of the application shall not affect substantial compliance with the regulations or constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject property, and

(3) The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning), and

(4) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, will not be detrimental to the public health, safety, general welfare, or convenience.

(d) Findings - Flag Lot

In addition to the above-listed findings, in the case of a flag lot, neither the director, nor the city council on appeal, shall grant a variance, unless it is found that:

(1) The granting of the application will not disrupt established neighborhood character and aesthetics, and will not affect the health of the residents by significantly blocking out light and air;

(2) The granting of the application will not result in excessive paving, parking, potential traffic conflicts on busy streets, street tree removal or loss of private landscaping;'

(3) The granting of the application will not negatively impact the privacy and quiet enjoyment of adjoining single-family residences, for both indoor and outdoor use.

(e) May Not be Granted for Unauthorized Use

A variance shall not be granted for a parcel that authorizes a use or activity that is not otherwise expressly authorized by the zone regulations governing the subject property.

(f) Conditions

In granting variances, reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience, and to secure the purposes of this title (Zoning).

(g) Application Review and Action

Applications for variances shall be reviewed and acted upon as set forth in Section 18.77.060 (Standard Staff Review Process).

(Ord. 4826 § 117 (Exh. 2 (part)), 2004)

(a) Purpose

The purpose of the neighborhood preservation exception is to foster retention of existing single-family structures and to maintain the existing historic and general character of neighborhoods in the neighborhood preservation (NP) combining district.

(b) Applicability

For properties within the neighborhood preservation (NP) combining district, a neighborhood preservation exception may be granted to site development regulations (except limitations on residential density), parking regulations, and special setback requirements of Title 20 (Precise Plans).

(c) Findings

Neither the director, nor the city council on appeal, shall grant a neighborhood preservation exception unless it is found that:

(1) The granting of the application will facilitate the preservation of an existing residential structure on the same property and will be of benefit in maintaining the existing historic and general character of the surrounding neighborhood; and

(2) The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience.

(d) Conditions

In granting neighborhood preservation exceptions, reasonable conditions or restrictions may be imposed as deemed appropriate or necessary to protect the public health, safety, general welfare, or convenience, and to secure the purposes of this title.

(e) Application Review and Action

Applications for neighborhood preservation exceptions shall be reviewed as set forth in Section 18.77.060 (Standard Staff Review Process).

(Ord. 4826 § 117 (Exh. 2 (part)), 2004)

(a) Purpose

The purpose of a design enhancement exception is to permit a minor exception to zoning regulations when doing so will:

(1) Enhance the design of a proposed project without altering the function or use of the site, or its impact on surrounding properties; or

(2) Enable the preservation of the architectural style of existing improvements on the site.

(b) Applicability

(1) Design enhancement exceptions may be granted to the site development and parking and loading requirements otherwise applicable under this title (Zoning), as part of the architectural review process, when such exceptions will enhance the appearance and design of commercial and multiple-family development and other development subject to architectural review.

(2) Items for which design enhancement exceptions may be granted include, but are not limited to, dormers, eave lines, roof design, bay windows, cornices, parapets, columns^ ¦ arcades, fountains, art, ornamentation, atriums, balconies, trellises, moldings, balustrades, stairs, entry features, and other minor architectural elements and design features.

(3) Generally, design enhancement exceptions are limited to minor changes to the setback, daylight plane, height, lot coverage limitations, parking lot design and landscaping configuration, and additional flexibility in the required proportion between private and common open space.

(4) No design enhancement exception shall be granted under this section that would increase floor area, decrease the number of required parking spaces, decrease the amount of required on-site landscaping, or decrease the required open space.

(c) Findings

Neither the director, nor the city council on appeal, shall grant a design enhancement exception unless it is found that:

(1) There are exceptional or extraordinary circumstances or conditions applicable to the property or site improvements involved that do not apply generally to property in the same zone district;

(2) The granting of the application will enhance the appearance of the site or structure, or improve the neighborhood character of the project and preserve an existing or proposed architectural style, in a manner which would not otherwise be accomplished through strict application of the minimum requirements of this title (Zoning) and the architectural review findings set forth in Section 18.76.020(d); and

(3) The exception is related to a minor architectural feature or site improvement that will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience.

(d) Conditions

In granting design enhancement exceptions, reasonable conditions or restrictions may be imposed if appropriate or necessary to protect the public health, safety, general welfare, or convenience, and to secure the purposes of this title.

(e) Application Review and Action

Applications for a design enhancement exception shall be reviewed and acted upon as set forth in Section 18.77.070 (Architectural Review).

Editor's Note: Former Section 18.76.060, Home improvement exception (HIE), derived from Ord. 4826 § 117 (Exh. 2), was repealed by § 38 of Ord. 4869.

Chapter 18.77

PROCESSING OF PERMITS AND APPROVALS

Sections:

18.77.010 Purpose and Scope 18.77.020 Applications 18.77.030 Determination of Completeness 18.77.040 Time Limits for Review 18.77.050 Review Procedures – Summary 18.77.060 Standard Staff Review Process 18.77.070 Architectural Review Process 18.77.073 Streamlined Housing Development Project Review Process 18.77.074 Ministerial and By Right Review Process 18.77.075 Low-Density Residential Review Process 18.77.077 Over the Counter Project Review Process 18.77.080 Notice 18.77.090 Expiration of Approvals 18.77.100 Duration of Permits 18.77.110 Revocation or Modification of Approvals 18.77.120 Reserved

(a) The purpose of this chapter is to establish common procedures for the filing, review, and action on applications, notice of public hearings, appeals of decisions, and enforcement of permits and approvals governed by Chapter 18.76 (Permits and Approvals)

(b) The procedures of this chapter apply to all permits and approvals governed by Chapter 18.76 (Permits and Approvals), unless specifically modified by another section of this title (Zoning).

(Ord. 4826 § 118 (Exh. 3 (part)), 2004)

(a) Filing of application and application contents

All applications pursuant to this chapter shall be filed with the director in a form prescribed by the director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete. This may include, but is not limited to, information determined necessary by the director to conduct a review of the application pursuant to:

(1) State law (including the California Environmental Quality Act (CEQA) (Section 21000 et seq . of the California Public Resources Code) and the Digital Infrastructure and Video Competition Act of 2006, Assembly bill 2987 (Ch. 700, Stats. 2006) (DIVCA), and city compliance with the Political Reform Act (Title 9 of the Government Code, Section 81000 et seq .);

• (2) The Palo Alto Comprehensive Plan;

• (3) The Palo Alto Municipal Code; and

• (4) This title (Zoning).

• (b) Signature of applications

A separate application shall be filed for each site, and each application shall be signed by:

• (1) All owners of the real property included in the site or sites; or

(2) A purchaser of the real property included in the site or sites, when acting pursuant to a contract in writing duly executed and acknowledged by both the buyer and the owner of record; or

(3) A lessee in possession of the real property included in the site or sites, when acting with the written consent of the owner of record; or

(4) An agent of the owner of record of the real property included in the site or sites, when duly authorized by the owner in writing.

(c) Receipt of application

No application shall be deemed received until the following have been provided:

• (1) All fees for the application as set forth in the schedule of fees established by resolution of the city council have been paid; and

• (2) All documents specified as part of the application in this chapter or on the application form have been filed.

• (d) Resubmittal of applications

If an application is denied, the director or city council may specify that a substantially similar application may not be accepted within 12 months following the date of such denial, unless it is shown that the circumstances surrounding the application have changed substantially.

• (Ord. 5432 § 16 (part), 2018: Ord. 4959 § 2, 2007: Ord. 4826 § 118 (Exh. 3 (part)), 2004)

• (a) Notification of Completeness

Not later than thirty days after an application has been received, the director shall notify the applicant in writing whether the application is complete. If the application is determined not to be complete, the director shall specify those parts of the application that are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application. Upon receipt of any resubmittal of the application, a new thirty-day period shall begin, during which the director shall determine the completeness of the application.

• (b) Submittal of Additional Information

Not later than thirty days after receipt of the submitted materials, the director shall notify the applicant in writing whether the application is complete. The director shall specify those parts of the application that are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information.

• (c) Failure to Make a Determination

If the director fails to make a written determination within thirty days, the application, together with the submitted materials, will be deemed complete and the application shall be eligible to be acted upon on its merits.

• (d) Appeal of the Director's Decision – Filing

Any applicant aggrieved by the director's determination regarding the completeness of an application may file an appeal with the planning division, as set forth in Chapter 18.78.

• (e) Inadequate Information

Nothing in this section shall preclude the director or city council from denying the application on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this title (Zoning).

• (f) Waiver of Time Limits

Nothing in this section precludes an applicant from waiving the right to a determination of incompleteness or from extending the period of time for a determination of completeness.

• (Ord. 4826 § 118 (Exh. 3 (part)), 2004)

All applications governed by the procedures of this chapter shall be acted upon in accordance with state law (including the provisions of the Permit Streamlining Act (Chapter 4.5 of Title 7 of the Government Code, commencing with Section 65920) and the California Environmental Quality Act (CEQA) (Division 13 of the Public Resources Code, commencing with Section 21000)).

(Ord. 4826 § 118 (Exh. 3 (part)), 2004)

Table 1 describes the action to be taken by each review or decision-making body involved in granting a land use permit. The actions are described in further detail in Sections 18.77.060 and 18.77.070.

Table 1

Summary of Review Procedures

(Ord. 4826 § 118 (Exh. 3 (part)), 2004)

(a) Applications Subject to Standard Staff Review Process

The following applications are subject to the review process set forth in this section:

• (1) Variances, conditional use permits, neighborhood preservation exceptions; and

(2) Other permits and approvals for which such review process is required by the provisions of Title 2, Title 12 or Title 18.

(b) Notice of Application Completeness

Not later than thirty days after an application has been received, the director shall notify the applicant in writing whether the application is complete. If the application is determined not to be complete, procedures outlined in Section 18.77.030 shall apply.

(c) Decision by the Director

Not less than twenty-one days following the date an application is deemed complete:

(1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application.

(2) Notice of the proposed director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director’s decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing.

(3) The proposed director’s decision shall become final fourteen days after the date notice is mailed unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issued the proposed decisions.

(4) Any party, including the applicant, may request a hearing of the planning and transportation commission on the proposed director’s decision by filing a written request with the planning division.

(d) Withdrawal of Hearing Request

(1) At any time prior to the hearing, the applicant and the person or persons requesting a hearing may meet to discuss ways to address the concerns with the application. The applicant may then modify the application to address such concerns. With the consent of the applicant and the person or persons requesting a hearing, the director may issue a revised proposed decision. The revised proposed decision shall identify the modifications made to the previously issued decision. Upon the issuance of a revised proposed decision by the director, the person or persons requesting a hearing shall withdraw such request.

(2) Notice of the proposed director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, the specific modifications made to the application, the date the decision will be final, a description of how to request a hearing, and a statement that any request for a hearing on the revised decision is limited to those modifications.

within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, the specific modifications made to the application, the date the decision will be final, a description of how to request a hearing, and a statement that any request for a hearing on the revised decision is limited to those modifications.

(3) The revised proposed director’s decision shall become final fourteen days after the date notice is mailed unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision.

(e) Hearing and Recommendation (Upon Request) by the Planning and Transportation Commission

(1) Within 45 days following the filing of a timely hearing request of a proposed director’s decision or revised proposed director’s decision the planning and transportation commission shall hold a hearing on the application, unless the request is withdrawn as described above.

(2) Notice of the revised director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, and the date, time and location of the hearing.

(3) Following the hearing, the planning and transportation commission shall make a recommendation on the application, which shall be forwarded to the city council.

(f) Decision by the Council

The recommendation of the planning and transportation commission on the application shall be placed on the consent calendar of the council within 45 days. The council may:

(1) Adopt the findings and recommendation of the planning and transportation commission; or

(2) Remove the recommendation from the consent calendar, which shall require three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application:

(g) Final Decision by the Council

The decision of the Council is final.

(Ord. 5493 § 5, 2020: Ord. 5432 § 16 (part), 2018: Ord. 5373 § 24 (part), 2016; Ord. 4959 § 3, 2007: Ord. 4826 § 118 (Exh. 3 (part)), 2004)

(a) Applications Subject to Architectural Review Process

The following applications are subject to the review processes set forth in this section:

• (1) Any major or minor project requiring architectural review approval, as set forth in Section 18.76.020 (Architectural Review);

• (2) Any project requiring a design enhancement exception; and

• (3) Other permits and approvals for which such review process is required by the provisions of Title 2, Title 12 or Title 18.

(b) Tentative Director's Decision and Hearing Upon Request for Minor Projects

For a minor project, as defined in Section 18.76.020(b)(3), once the application is deemed complete:

(1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application.

(2) Notice of the proposed director’s decision shall be mailed to property owner or applicant and posted in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director’s decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing.

(3) The proposed director’s decision shall become final 10 days after the date notice is mailed unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision.

(i) When there is more than one entitlement required for a project, the longer appeal or request for hearing period shall govern the effective date for the minor architectural review decision.

(4) The applicant or the subject property owner, or owners or tenants of an adjacent property may request a hearing by the architectural review board on the proposed director’s decision by filing a written request with the planning division. There shall be no fee required for requesting such a hearing.

(5) The right to a hearing set forth in Section 18.77.070(b)(4) will not be made available to any party, including the applicant, with respect to the minor project referred to in Section 18.76.020(b)(3)(D).

(c) Hearing and Recommendation for Major Projects, and for Minor Projects Upon Request

(1) Upon receipt of a completed application for a major project (as defined in Section 18.76.020(b)(2)), or upon receipt of a timely request for a hearing for a minor project (as defined in Section 18.76.020(b)(3)), the architectural review board shall set a hearing date to review the application.

(2) Notice of the hearing shall be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the applicant, the hearing requestor, if applicable, and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.

ng shall be given at least 10 days prior to the hearing by publication in a local newspaper, by posting in a public place, and by mailing to the applicant, the hearing requestor, if applicable, and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.

(3) Following the hearing, the architectural review board shall make a recommendation on the application, which shall be forwarded to the director.

(4) A housing development project that is subject to major architectural review under Section 18.76.020 shall be limited to two meetings before the Architectural Review Board, unless the applicant requests additional hearings.

(d) Decision by the Director

Upon receipt of a recommendation of the architectural review board:

(1) Within 5 working days, the director shall prepare a written decision to approve the application, approve it with conditions, or deny it.

(2) Notice of the director’s decision shall be given by mailing to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, a brief description of the action to be taken, the date the decision will be final, and a description of how to request a hearing.

(3) The director’s decision shall become final 14 days after the date notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision.

(4) If the architectural review board continues a minor project or housing development project more than once, or a major project more than twice, the director may make a decision on the application prior to receiving the final recommendation of the board.

(e) Appeal of the Director's Decision - Filing

Any party, including the applicant, may file an appeal of the director’s decision with the planning division for projects reviewed by

the architectural review board. The appeal shall be filed in written form in a manner prescribed by the director.

(f) Decision by the City Council

The appeal of the director’s decision shall be placed on the consent calendar of the city council within 45 days. The city council may:

(1) Adopt the findings and decision of the director; or

(2) Remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application:

(g) Final Decision by the Council

The decision of the council on the appeal is final.

(Ord. 5646 § 4, 2025: Ord. 5432 § 16 (part), 2018: Ord. 5373 § 24 (part), 2016; Ord. 4959 § 4, 2007: Ord. 4826 § 118 (Exh. 3 (part)), 2004)

(a) Applicability

This section shall apply to applications for residential mixed-use and multifamily housing development projects, as defined in Government Code section 65589.5(h)(2), that comply with all applicable objective standards and for which the City’s discretion is thereby limited by Government Code section 65589.5.

(b) Preliminary Board Review

Applicants are encouraged to seek preliminary review by the Architectural Review Board pursuant to Section 18.76.020(c) prior to submitting a formal application.

(c) Public Study Session

(1) Prior to preparing a written decision, the Director may, in his or her sole discretion, refer the application to the Architectural Review Board or to other advisory boards or committees for the purpose of determining whether minor adjustments to the application would result in closer adherence to the contextual design criteria and/or objective design standards contained in Chapter 18.24. An application should normally not be considered at more than one meeting of the Architectural Review Board.

(2) Notice of a public meeting to consider the application shall be given at least seven days prior to the meeting by mailing to the applicant and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.

(d) Decision by the Director

(1) The Director shall prepare a written decision to approve the application, approve it with conditions, or deny it.

(2) Neither the Director, nor the City Council on appeal, shall approve an application unless it is found that:

(A) The application complies with all applicable and objective standards in the Comprehensive Plan, the Palo Alto Municipal Code, and other City plans or policies.

(B) Approving the application will not result in a specific, adverse, impact upon the public health or safety, which cannot feasibly be mitigated or avoided in a satisfactory manner. As used in this Section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(3) Notice of the proposed director's decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director's decision, the date the decision will be final if it is not appealed, and a description of how to file an appeal.

(4) The Director's decision shall become final ten days after the date notice is mailed unless an appeal is filed.

(e) Appeals

(1) Any party, including the applicant, may file an appeal of the Director's decision in written form in a manner prescribed by the director.

(2) An appeal seeking disapproval of a project or a reduction in density shall be limited to the grounds that both of the following exist:

(A) The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. And

(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (d)(2)(B) (i), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

(f) Decision by the City Council

At the Director's discretion, an appeal may be set for hearing before the city council or may be placed on the Council's consent calendar, within 45 days. The city council may:

(1) Adopt the findings and decision of the director; or

(2) If the item is on the consent calendar, city council may remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application.

(g) Final Decision by the Council

The decision of the council on the appeal is final.

(Ord. 5615 § 5, 2024: Ord. 5613 § 5, 2024: Ord. 5554 § 37, 2022)

(a) Purpose and Applicability

(1) This section is intended to define a streamlined, ministerial review process for qualifying Housing Development Projects that are submitted pursuant to streamlining provisions of state law, such as AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This section shall apply to multi-family residential projects that are subject to ministerial review or defined as a “use by right” in state law, including, but not limited to, Government Code sections 65651, 65583, 65583.2, and 65913.4. This section does not apply to the creation of an accessory dwelling unit and/or junior accessory dwelling unit.

(2) The review required by this section shall not involve the exercise of discretion in a manner that would constitute a “project” for purposes of the California Environmental Quality Act (CEQA). This section does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a “project” for purposes of CEQA.

(b) Staff Level Review.

Applications under this section shall be reviewed by city staff for compliance with applicable objective standards in the city’s Comprehensive Plan, Specific Plans, Area Plans, Municipal Code, and other rules and regulations. A decision on the application shall be made by the Planning Director within any timeframes dictated by applicable state law.

(c) Public Study Session.

Prior to preparing a written decision, the Director may, in his or her sole discretion, refer the application to the Architectural Review Board or to other advisory boards or commissions for informal review. The recommendations of such boards and commissions shall not be binding.

(d) Public notices.

Notice of a public meeting to consider the application shall be given at least seven days prior to the meeting by mailing to the applicant and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.

(Ord. 5651 § 3, 2025: Ord. 5615 § 6, 2024: Ord. 5613 § 6, 2024)

• (a) Applications Subject to Low-density Residential Review Process

The following applications are subject to the review process set forth in this section:

• (1) Individual review applications, home improvement exception applications; and

(2) Other permits and approvals for which such review process is required by the provisions of this title (Zoning).

• (b) Notice of Application Submittal

Within three days of submittal of an application, notice that the application has been submitted shall be given by mail to owners and residents of property adjacent to the subject property, and shall be posted at the subject property until approval, denial or withdrawal of the application. The notice shall include the name of the applicant; the address of the proposed project; and information on when and how comments will be accepted by the city. The mailed notice shall also include a description of the project.

(c) Comment Period

The comment period shall be twenty-one days beginning on the third business day after an application is submitted. If notice is mailed or posted on a later date, the comment period shall begin on the later date. Written comments received by the city during this period shall be considered as part of the staff review. Only one comment period is required. If plans are revised during or following the comment period, a statement that the plans have been revised shall be included in the notice of the proposed director's decision set forth in subsection (e).

(d) Decision by the Director

Following completion of the comment period and any staff review:

• (1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application.

(2) Notice of the proposed director's decision shall be mailed to owners and residents of property adjacent to the subject property, and any person who has made a written request for notice of the decision. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director's decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing.

(3) The proposed director's decision shall become final fourteen days after the date notice is mailed unless a request for a hearing is filed.

(4) The applicant or the owner or occupier of an adjacent property may request a director's hearing on the proposed director's decision by filing a written request with the planning division before the date the proposed director's decision becomes final. There shall be no fee required for requesting such a hearing.

(5) The time limits set forth in this subsection (d) may be extended upon the written request of the applicant.

• (e) Director's Hearing (Upon Request)

(1) Following the filing of a timely hearing request of a proposed director's decision the director shall hold a hearing on the application. A hearing request received after the expiration of the time limits set forth in subsection (d)(3) shall not be considered.

(2) Notice of the director's hearing shall be mailed ten days prior to the hearing to the project applicant, to owners and residents of property adjacent to the subject property, and to any person who has made a written request for such notice. Notice shall include the address of the property, a brief description of the proposed project, and the date, time and location of the hearing.

(3) At the time and place set for hearing the director shall hear evidence for and against the application or its modification. The hearing shall be open to the public.

(f) Final Director's Decision

(1) The director shall issue a written decision approving, approving with conditions, or denying the project application within fourteen days of the hearing.

(2) Notice of the director's decision shall be mailed to the project applicant, the owners and occupants of all adjacent properties, and any person requesting notice of the decision. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director's decision, the date the decision will be final if no appeal is filed, and a description of how to file an appeal.

(3) The director's decision shall become final fourteen days after the date notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for filing an appeal at the time he or she issues the proposed decision.

(4) The applicant or the owner or occupier of an adjacent property may file an appeal of the director's decision by filing a written request with the City Clerk before the date the director's decision becomes final. The written request shall be accompanied by a fee, as set forth in the municipal fee schedule.

• (g) Decision by the City Council

If a timely appeal is received by the City, the director’s decision on the application shall be placed on the consent calendar of the city council within 45 days. The city council may:

• (1) Adopt the findings and recommendation of the director; or

(2) Remove the recommendation from the consent calendar, which shall require three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application.

• (h) Decision by the City Council Final

The decision of the city council is final.

(Ord. 5373 § 24 (part), 2016; Ord. 4869 § 39, 2005)

The director of planning and development services shall be authorized to adopt guidelines, rules, and procedures to implement the over the counter project review process for projects exempt from architectural review under Section 18.76.020(b)(1)(B) of this title.

(Ord. 5494 § 3, 2020: Ord. 5432 § 16 (part), 2018)

• (a) General Provisions

When notice is required by provisions of this chapter, it shall be given in accordance with this section. Compliance with the procedures set forth in this chapter shall constitute a good faith effort to provide notice, and the failure of any owner or occupant to receive notice shall not prevent the city from proceeding with the hearing or from taking any action or affect the validity of any action. Typographical and/or publishing errors shall not invalidate the notice or any city action if the error is not prejudicial.

(b) Content of Notice

As used in this chapter, "notice" means a notice that includes, but is not limited to: a general description, in text or by diagram, of the location of the real property that is the subject of an application; a general explanation of the nature of the application; a brief description of the tentative decision by the director and how to request a hearing, if applicable; and the date, time, and place of a public hearing, if applicable.

(c) Notice by Publication

When notice by publication is required, the publication shall be in a local newspaper of general circulation.

• (d) Notice by Mail

When notice by mail is required, the notice shall be mailed to owners of real property as shown on the latest equalized assessment rolls or such other interim record as may be provided by the county assessor. When mailing notice to occupants, using the addresses listed in the city's Geographic Information System (GIS) constitutes a good faith effort to provide such notice. When notice by mail to adjacent property owners and residents is required, "adjacent properties" means those properties sharing a common boundary with the subject property, the property or properties located directly across the street, and the next properties located diagonally across the street from the subject property.

(e) Notice by Electronic Mail (E-mail)

When notice by e-mail is required, notice shall be sent to the e-mail addresses of those persons requesting such notice. The director shall establish, by administrative policy, when and how such notice will be given. Multiple e-mail notices may be consolidated and sent in the form of an e-mail newsletter, if the director chooses.

• (f) Notice by Posting in a Public Place

When notice by posting in a public place is required, notice shall be posted in one or more locations accessible to the public, which may include posting on the city’s website. The director shall determine the location or locations for posting.

• (g) Notice by Posting at the Site

When notice by site posting is required, notice shall be posted in one or more prominent places at the subject site.

(h) Additional Notice

They director may provide, but is not required to provide, additional notice of hearings and other actions on applications by posting in a public place, by site posting, or through any other means the director chooses. Notice given under this subsection is in addition to, and may not be substituted for, notice required under other provisions of this chapter.

(Ord. 5432 § 16 (part), 2018: Ord. 4869 § 40, 2005: Ord. 4826 § 118 (Exh. 3 (part)), 2004)

(a) Expiration – General

Permits and approvals shall automatically expire after twelve months, unless otherwise provided in the permit or approval, from and after the date of issuance of the permit or approval if within such twelve month period, the proposed use of the site or the construction of buildings has not commenced, pursuant to and in accordance with the provisions of the permit or approval. The director may, without a hearing, extend such time for a maximum period of twelve additional months only, upon application filed with him or her before the expiration of the twelve-month limit, or the expiration of such limit as may be specified by the conditions of the approval.

• (b) Effect of Amendments to Approvals

Amendments to approvals shall not extend the time limits in subsection (a) unless so stated in the amendment.

• (c) Expiration – Approvals in Conjunction with a Vesting Tentative Map

Whenever a vesting tentative map is approved or conditionally approved pursuant to Chapter 21.13 and the Subdivision Map Act, the approval pursuant to this chapter shall be valid until the expiration of the vesting tentative map or expiration of development rights under the final map. Applications may be made for extensions, but only in conjunction with applications for extensions of the vesting tentative map or the final vesting map pursuant to Chapter 21.13 and the Subdivision Map Act.

(Ord. 4826 § 118 (Exh. 3 (part)), 2004)

If a use authorized by a permit or approval is discontinued for a period of twelve months, the permit or approval will no longer be in effect. If a building or structure that is subject to a permit or approval is destroyed or demolished, the permit or approval will no longer be in effect.

(Ord. 4826 § 118 (Exh. 3 (part)), 2004)

(a) Notice of Noncompliance or Public Nuisance

The director may issue a notice of noncompliance for any failure to comply with any condition of any permit or approval, or when a use conducted pursuant to a conditional use permit is being conducted in a manner detrimental to the public health, safety and welfare. The notice of noncompliance shall be sent by certified mail to the address of the subject property and to the owner of the property as shown on the latest equalized assessment roll or such other interim record as may be provided by the county assessor. Such notice shall set forth the action necessary to come into compliance and a timeframe for compliance.

(b) Public Hearing by the director

(1) If the noncompliance is not abated, corrected or rectified within the time specified by the director in the notice of noncompliance, the director may issue an order to show cause why such a permit or approval shall not be revoked, suspended or modified. An order to show cause shall be set for a public hearing before the director.

(2) Notice of the hearing shall be given at least ten days prior to the hearing by publication in a local newspaper and by mailing to the applicant and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the noncompliance, and the date and time of the hearing.

(c) Decision by the director

Within ten days following the hearing:

(1) The director shall prepare a written decision to revoke, suspend, modify, or leave unchanged, any permit or approval upon finding that:

(A) A violation of any condition of the permit or approval was not abated, corrected or rectified within the time specified on the notice of noncompliance; or

(B) A violation of any city ordinance or state law was not abated, corrected or rectified within the time specified on the notice of noncompliance; or

(C) A use as presently conducted is detrimental to the public health, safety and welfare.

(2) Notice of the director’s decision shall be given by mailing to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the noncompliance, a brief description of the action to be taken, the date the decision will be final, and a description of how to appeal the decision.

(3) The director's decision shall become final fourteen days after notice is mailed unless a timely appeal is filed.

• (d) Appeal of the director's Decision – Filing

Any party, including the applicant, may file an appeal of the director's decision with the planning division. The appeal shall be filed in written form in a manner prescribed by the director.

• (e) Hearing and Recommendation by the Planning and Transportation Commission

(1) Following the filing of a timely appeal of a director's decision, the planning and transportation commission shall hold a hearing on the appeal.

(2) Notice of the hearing shall be given at least ten days prior to the hearing by publication in a local newspaper and by mailing to the applicant, the hearing requestor, and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the decision of the director, and the date, time and place of the hearing.

(3) Following the hearing, the planning and transportation commission shall make a recommendation on the appeal, which shall be forwarded to the city council.

(f) Decision by the City Council

The recommendation of the planning and transportation commission on the appeal shall be placed on the consent calendar of the city council within thirty days. The city council may:

(1) Adopt the findings and recommendation of the planning and transportation commission; or

• (2) Remove the appeal from the consent calendar, which shall require three votes, and:

(A) Discuss the appeal and adopt findings and take action on the appeal based upon the evidence presented at the hearing of the planning and transportation commission; or

(B) Direct that the appeal be set for a new hearing before the city council, following which the city council shall adopt findings and take action on the application.

• (g) Decision by the City Council Final

The decision of the city council is final.

(Ord. 5432 § 16 (part), 2018: Ord. 4826 § 118 (Exh. 3 (part)), 2004)

Editor's Note: Former Section 18.77.120, Home improvement exception process , derived from Ord. 4826 § 118 (Exh. 3), was repealed by § 41 of Ord. 4869.