ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
ADOPTING DEVELOPMENT CODE TEXT AMENDMENT (ZC19-002) AMENDING TITLE 18 (ZONING) OF THE EAST PALO ALTO MUNICIPAL CODE TO ADD THE
NEIGHBORHOOD CENTER OVERLAY DISTRICT
WHEREAS, Section 18.114 of the City of East Palo Alto Development Code allows for amendments to the Development Code and provides procedures for processing such amendments;
WHEREAS, Section 18.114.060 of the City of East Palo Alto Development Code sets forth findings for Development Code amendments;
WHEREAS, the Planning Commission concurrently reviewed a General Plan, the Development Code amendment and a Zoning Map amendment at a duly noticed public hearing on __________, 2022; and
WHEREAS, the Planning Commission found that the Development Code amendment met the required findings, and recommended the City Council adopt the amendment; and
WHEREAS, the City Council at a duly noticed public hearing, found that the Development Code amendment met the required findings, and approved the proposed amendment on __________, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 18.11 ADDED
Chapter 18.11 is hereby added to the East Palo Alto Municipal Code to read:
Chapter 18.11 -- OVERLAY ZONES
Sections:
18.11.010 – Purpose and Intent.
A. The purpose of an overlay zoning district is to allow the City to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental resource issues. An overlay zoning district also is an appropriate mechanism to implement long-term goals and land use requirements for a specific property or location and is intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives. Overlay zoning districts are established through rezoning and only in conjunction with base zoning districts. Except as modified by the overlay zoning district, the provisions of the applicable base-zoning district apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.
B. Whenever an overlay district is established, any subsequent change to the basezoning district shall not be construed to alter the overlay district. Projects must meet general plan requirements for increases in intensity. An intent to alter the overlay district on a given property requires an application.
18.11.020 – Neighborhood Center Overlay (NCO) Zone.
A. The Neighborhood Center Overlay (NCO) Zone provides for additional residential density in the Multiple-Family High Density Residential Zone (R-HD) and the MultipleFamily Urban High Density Residential Zones (R-UHD), as well as ground floor neighborhood service uses to serve the needs of residents living in the higher density dwellings. This zone implements the NCO land use designation in the General Plan.
B. The NCO Zone shall apply to properties identified on the zoning map by the symbol “NCO” within parentheses, following the R-HD or R-UHD designation. The development standards established by this chapter shall apply in lieu of the comparable standards established for the underlying R-HD or R-UHD zone.
18.11.030 – Land Use Regulations and Allowable Uses
A. Permitted uses. Neighborhood services uses no greater than 5,000 square feet in size shall be permitted in addition to the land uses permitted and conditionally permitted in the underlying R-HD or R-UHD zoning district shown in Section 18.10.020, Table 2-1.
B. Additional Regulations. Regulations applicable to the underlying R-HD or R-UHD zone that are not in conflict with the provisions of this chapter shall apply. Provisions elsewhere in the Development Code also may apply.
C. Permit Processing. All permit processing procedures, as applicable, set forth in Article 7 of the Development Code are required.
18.11.040 – Development Standards
For properties within the NCO Zone, the requirements set forth in Section 18.10.030, Table 2-2 for the R-HD and R-UHD zones, as applicable, shall apply except as amended by the NCO Zone standards set forth in Table 2-2.1 below.
Table 2-2.1
Development Standards for NCO Zone
Development Feature
(minimum unless otherwise indicated) NCO
Density 175 du/acre (maximum)
Setbacks
Front 5 ft.
Corner vision triangle 12 ft.
Side/Street Side 5 ft.
Rear 10 ft.
Rear
Adjoining R-LD or R-MD
Zone
20 ft.
Height 13 stories or 140 feet, whichever is
greater1
Open Space2
Common Open Space 50 sq. ft.
Private Open Space
Ground Floor Units 50 sq. ft.
Upper Floor Units 50 sq. ft
Parking Chapter 18.303
Notes:
1. Height regulations related to mechanical screening and equipment from Municipal Code Section 18.22.030 and 18.22.030 shall apply.
2. Common Open Space and Private Open Space may be aggregated without limitation
3. Municipal Code Section 18.30.080(B) shall not apply in the NCO overlay for any project with an approved Parking Study and Transportation Demand Management (TDM) Plan submitted pursuant to Municipal Code Section 18.32 that utilizes unbundled parking as a TDM measure.
18.11.050 – Required Determinations
Prior to the Planning Commission recommending approval of any NCO district application and prior to the City Council approving an ordinance designating and regulating any NCO district, all of the following findings must be made with respect to the proposal, in addition to findings required by Chapter 18.114:
A. The project does not displace existing residents.
B. The project provides for some income-restricted affordable housing.
C. The project preserves “right of return” for existing residents if demolition of existing residential units is proposed.
D. The project maintains the City’s rent stabilization program, where applicable.
E. The project contributes to the provision of new parks and open spaces.
F. The project contributes to the provision of new streets and infrastructure.
G. The project improves the fiscal health of the City.
H. The project enhances the area for residents.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The environmental effects of the Woodland Park Euclid Improvements Project and its associated zone change were analyzed in the Environmental Impact Report (EIR) (SCH# 2020040270) and Mitigation, Monitoring, and Reporting Program, which were certified and approved by the City on __________, 2022. Future applications for zone changes to the NCO Zone are not reasonably foreseeable and therefore would be required to complete additional environmental review.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days after the date of its adoption.
SECTION 5. PUBLICATION.
The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
INTRODUCED at a regular City Council meeting held ___________, 2022, and PASSED AND ADOPTED at a regular City Council meeting held on ________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk Valerie J. Armento, Interim City Attorney