Chapter 18.76 — PERMITS AND APPROVALS

(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 Section18.77.060 (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 Section18.77.070, 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 Section18.77.070, 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.

(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 Section18.77.070 (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 Section18.77.060 (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 Section18.77.060 (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 Section18.77.070 (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.